Minnesota Legislature
SF 2340
3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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; providing funding for economic, energy, 1.10 transportation, infrastructure, and recreational 1.11 development, with certain conditions; proposing an 1.12 amendment to the Minnesota Constitution by adding a 1.13 section to article XIV to dedicate proceeds of the tax 1.14 on the sale of motor vehicles to highway and transit 1.15 purposes; requiring studies and reports; making 1.16 technical, conforming, and clarifying changes; 1.17 imposing penalties; setting fees; amending Minnesota 1.18 Statutes 2000, sections 3C.12, subdivision 2; 13.679; 1.19 13.87, by adding a subdivision; 15.01; 15.06, 1.20 subdivision 1; 15A.0815, subdivision 2; 16A.641, 1.21 subdivision 8; 16B.32, subdivision 2; 16B.335, 1.22 subdivision 4; 16B.56, subdivision 1; 16B.76, 1.23 subdivision 1; 16C.05, subdivision 2; 16C.06, 1.24 subdivisions 1, 2; 16C.08, subdivision 2; 17.86, 1.25 subdivision 3; 18.024, subdivision 1; 43A.08, 1.26 subdivision 1a; 45.012; 103F.325, subdivisions 2, 3; 1.27 115A.15, subdivision 5; 116O.06, subdivision 2; 1.28 123B.65, subdivisions 1, 3, 5; 138.664, by adding a 1.29 subdivision; 161.082, subdivision 2a; 161.14, by 1.30 adding a subdivision; 161.23, subdivision 3; 161.32, 1.31 subdivisions 1, 1b, 1e; 161.45, subdivision 1; 167.51, 1.32 subdivision 2; 168.013, subdivision 1d; 168.33, 1.33 subdivision 7; 168.381; 168.61, subdivision 1; 169.06, 1.34 by adding a subdivision; 169.073; 169.09, subdivision 1.35 13; 169.18, subdivision 1, by adding a subdivision; 1.36 169.825, subdivision 11; 169.87, subdivision 4; 1.37 170.23; 171.06, subdivision 2a; 171.07, subdivision 1.38 11; 171.12, subdivision 6; 171.13, subdivision 6; 1.39 171.185; 171.26; 171.29, subdivision 2; 171.36; 1.40 174.03, subdivision 7, by adding a subdivision; 1.41 174.24, subdivision 3b; 174.32, subdivision 5; 174.70, 1.42 subdivisions 2, 3; 181.30; 184.29; 184.30, subdivision 1.43 1; 184.38, subdivisions 6, 8, 9, 10, 11, 17, 18, 20; 1.44 184.41; 216A.01; 216A.035; 216A.036; 216A.05, 1.45 subdivision 1; 216A.07, subdivision 1; 216A.08; 1.46 216A.085, subdivision 3; 216B.02, subdivisions 1, 7, 2.1 8; 216B.16, subdivisions 1, 2, 6b, 15; 216B.162, 2.2 subdivisions 7, 11; 216B.1675, subdivision 9; 2.3 216B.241, subdivisions 1a, 1b, 2b; 216C.01, 2.4 subdivisions 1, 2, 3; 216C.051, subdivision 6; 2.5 216C.37, subdivision 1; 216C.40, subdivision 4; 2.6 216C.41; 237.02; 237.075, subdivisions 2, 9; 237.082; 2.7 237.21; 237.30; 237.462, subdivision 6; 237.51, 2.8 subdivisions 1, 5, 5a; 237.52, subdivisions 2, 4, 5; 2.9 237.54, subdivision 2; 237.55; 237.59, subdivision 2; 2.10 237.768; 239.01; 239.10; 297B.09, subdivision 1; 2.11 299C.10, subdivision 1; 299C.11; 299C.147, subdivision 2.12 2; 299D.03, subdivisions 5, 6, by adding a 2.13 subdivision; 299M.10; 299M.11, subdivision 5; 325E.11; 2.14 325E.115, subdivision 2; 326.243; 446A.085; 473.859, 2.15 subdivision 2; 484.50; Laws 1999, chapter 238, article 2.16 1, section 2, subdivision 7; proposing coding for new 2.17 law in Minnesota Statutes, chapters 161; 167; 169; 2.18 174; 240A; 299A; 299C; 473; 609; repealing Minnesota 2.19 Statutes 2000, sections 174.22, subdivision 9; 174.32, 2.20 subdivisions 2, 4; 184.22, subdivisions 2, 3, 4, 5; 2.21 184.37, subdivision 2; 216A.06; 237.69, subdivision 3. 2.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.23 ARTICLE 1 2.24 TRANSPORTATION AND OTHER AGENCIES 2.25 APPROPRIATIONS 2.26 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.27 The sums shown in the columns marked "APPROPRIATIONS" are 2.28 appropriated from the general fund, or another named fund, to 2.29 the agencies and for the purposes specified in this article, to 2.30 be available for the fiscal years indicated for each purpose. 2.31 The figures "2001," "2002," and "2003," where used in this 2.32 article, mean that the appropriations listed under them are 2.33 available for the year ending June 30, 2001, June 30, 2002, or 2.34 June 30, 2003, respectively. If the figures are not used, the 2.35 appropriations are available for the year ending June 30, 2002, 2.36 or June 30, 2003, respectively. The term "first year" means the 2.37 year ending June 30, 2002, and the term "second year" means the 2.38 year ending June 30, 2003. Appropriations for the year ending 2.39 June 30, 2001, are in addition to appropriations made in 2.40 previous years. All 2001 appropriations in this article are 2.41 effective immediately on final enactment and do not cancel, but 2.42 are available until expended. 2.43 SUMMARY BY FUND 2.44 2002 2003 TOTAL 2.45 General $ 104,865,000 $104,397,000 $209,262,000 2.46 For 2001 - $283,700,000 3.1 Airports 20,807,000 20,548,000 41,355,000 3.2 C.S.A.H. 405,330,000 418,113,000 823,443,000 3.3 Highway User 11,553,000 11,186,000 22,739,000 3.4 For 2001 - $875,000 3.5 M.S.A.S. 106,469,000 109,827,000 216,296,000 3.6 Workers' 3.7 Compensation 100,000 100,000 200,000 3.8 Special Revenue 23,250,000 22,009,000 45,259,000 3.9 Trunk 3.10 Highway 1,105,115,000 1,116,374,000 2,221,489,000 3.12 For 2001 - $445,000 3.13 TOTAL $1,777,489,000 $1,802,554,000 $3,580,043,000 3.14 For 2001 - $285,020,000 3.15 APPROPRIATIONS 3.16 Available for the Year 3.17 Ending June 30 3.18 2002 2003 3.19 Sec. 2. TRANSPORTATION 3.20 Subdivision 1. Total 3.21 Appropriation $1,592,880,000 $1,615,328,000 3.23 For 2001 - $212,000,000 3.24 The appropriations in this section are 3.25 from the trunk highway fund, except 3.26 when another fund is named. 3.27 Summary by Fund 3.28 General 19,307,000 19,083,000 3.29 For 2001 - $212,000,000 3.30 Airports 20,757,000 20,498,000 3.31 C.S.A.H. 405,330,000 418,113,000 3.32 M.S.A.S. 106,469,000 109,827,000 3.33 Trunk Highway 1,040,117,000 1,047,807,000 3.34 Special Revenue 900,000 -0- 3.35 The amounts that may be spent from this 3.36 appropriation for each program are 3.37 specified in the following subdivisions. 3.38 Subd. 2. Aeronautics 20,748,000 20,489,000 3.39 For 2001 - $10,000,000 3.40 Summary by Fund 3.41 Airports 20,687,000 20,428,000 3.42 General 50,000 50,000 3.43 For 2001 - $10,000,000 4.1 Trunk Highway 11,000 11,000 4.2 Except as otherwise provided, the 4.3 appropriations in this subdivision are 4.4 from the state airports fund. 4.5 The amounts that may be spent from this 4.6 appropriation for each activity are as 4.7 follows: 4.8 (a) Airport Development and Assistance 4.9 14,298,000 14,298,000 4.10 These appropriations must be spent 4.11 according to Minnesota Statutes, 4.12 section 360.305, subdivision 4. 4.13 (b) Aviation Support 4.14 6,315,000 6,053,000 4.15 $65,000 the first year and $65,000 the 4.16 second year are for the civil air 4.17 patrol. 4.18 $600,000 each year is for GPS 4.19 navigation systems. Of this amount, 4.20 $250,000 adds to the agency's budget 4.21 base. 4.22 $400,000 the first year and $50,000 the 4.23 second year are for the development of 4.24 on-line aircraft registration 4.25 capabilities. 4.26 (c) Air Transportation Services 4.27 135,000 138,000 4.28 Summary by Fund 4.29 Airports 74,000 77,000 4.30 General 50,000 50,000 4.31 Trunk Highway 11,000 11,000 4.32 (d) Site Acquisition Grant 4.33 For 2001 - $10,000,000 4.34 This appropriation is onetime only from 4.35 the general fund and is available until 4.36 spent. This appropriation is for a 4.37 development grant to the city of 4.38 Richfield for acquisition and site 4.39 preparation of residential property 4.40 impacted by airport operations. The 4.41 property must be located within the 4.42 87dB low-frequency sound level contour 4.43 as determined by the metropolitan 4.44 airports commission and the city of 4.45 Richfield low frequency noise policy 4.46 committee. The city of Richfield must 4.47 by December 15, 2003, submit a report 4.48 to the house of representatives and 4.49 senate committees with jurisdiction 4.50 over transportation on the use of the 4.51 grant money. The report must include 4.52 details on the number of residential 5.1 units purchased and cost of the 5.2 acquisition, cost of demolition or 5.3 relocation of buildings, cost of 5.4 utility relocation, cost of site 5.5 preparation for development, and plans 5.6 for the ultimate use of the property. 5.7 Subd. 3. Transit 18,389,000 18,410,000 5.8 For 2001 - $10,000,000 5.9 Summary by Fund 5.10 General 18,049,000 18,062,000 5.11 For 2001 - $10,000,000 5.12 Trunk Highway 340,000 348,000 5.13 For the years ending June 30, 2004, and 5.14 June 30, 2005, the budget base for the 5.15 general fund appropriations under this 5.16 subdivision is transferred from the 5.17 general fund to the transit assistance 5.18 fund, when the deposit of revenues 5.19 specified in article 4, section 46, 5.20 takes effect. 5.21 The amounts that may be spent from this 5.22 appropriation for each activity are as 5.23 follows: 5.24 (a) Greater Minnesota Transit 5.25 Assistance 5.26 17,551,000 17,551,000 5.27 This appropriation is from the general 5.28 fund. Any unencumbered balance the 5.29 first year does not cancel but is 5.30 available for the second year. 5.31 (b) Transit Administration 5.32 838,000 859,000 5.33 Summary by Fund 5.34 General 498,000 511,000 5.35 Trunk Highway 340,000 348,000 5.36 (c) Capital Assistance 5.37 For 2001 - $10,000,000 5.38 This appropriation is from the general 5.39 fund for grants to public transit 5.40 systems under Minnesota Statutes, 5.41 section 174.24, to acquire rolling 5.42 stock and other bus-related capital. 5.43 This appropriation is onetime only and 5.44 is available until spent. 5.45 Subd. 4. Railroads and Waterways 1,758,000 1,804,000 5.46 For 2001 - $6,000,000 5.47 Summary by Fund 5.48 General 273,000 280,000 6.1 For 2001 - $6,000,000 6.2 Trunk Highway 1,485,000 1,524,000 6.3 $6,000,000 in fiscal year 2001 from the 6.4 general fund is onetime only and is 6.5 available until spent. Of this amount: 6.6 (1) $3,000,000 is for the purposes 6.7 defined under the rail service 6.8 improvement program under Minnesota 6.9 Statutes, sections 222.46 to 222.63; 6.10 and 6.11 (2) $3,000,000 is for port development 6.12 assistance grants under Minnesota 6.13 Statutes, chapter 457A. Any 6.14 improvement made with the proceeds of 6.15 these grants must be owned by a public 6.16 body. 6.17 Subd. 5. Passenger Rail Transit 500,000 500,000 6.18 For 2001 - $23,000,000 6.19 This appropriation is from the general 6.20 fund. The amounts that may be spent 6.21 from this appropriation for each 6.22 activity are as follows: 6.23 (a) Passenger Rail Administration 6.24 500,000 500,000 6.25 For administration and oversight of 6.26 rail corridor studies and 6.27 implementation. This amount adds to 6.28 the agency's budget base. 6.29 The office of passenger rail transit 6.30 must establish a working group 6.31 consisting of local elected officials 6.32 and residents living near a proposed 6.33 community rail station in each city in 6.34 which a commuter rail station is 6.35 proposed to be located to discuss and 6.36 address local concerns regarding public 6.37 safety and security in and around 6.38 commuter rail stations. 6.39 The commissioner shall pay, from this 6.40 appropriation, the fees and costs 6.41 attributable to the state's membership 6.42 in the Midwest interstate passenger 6.43 rail compact under Minnesota Statutes, 6.44 section 218.75. 6.45 (b) Corridor Studies and Facility 6.46 For 2001 - $23,000,000 6.47 This amount is onetime only and is 6.48 available until spent. 6.49 $10,000,000 is for preliminary 6.50 engineering and environmental analysis 6.51 activities for the 130-mile section of 6.52 the midwest regional rail corridor in 6.53 Minnesota. The work tasks must 6.54 include, but are not limited to: a 6.55 corridor condition assessment; station 7.1 development and location; 7.2 communications and signal systems 7.3 evaluation; safety and traffic 7.4 analysis; drainage and hydraulics 7.5 analysis; analysis of land use and 7.6 development issues; noise, water, and 7.7 air quality analysis; impacts on 7.8 historic and archaeological sites; and 7.9 other potential impacts. 7.10 A portion of this appropriation may be 7.11 used for engineering and environmental 7.12 analysis activities for the Red Rock 7.13 corridor from Hastings to Minneapolis. 7.14 $10,000,000 is to match federal funds 7.15 for right-of-way acquisition and final 7.16 design for the Northstar commuter rail 7.17 corridor. This is intended to be the 7.18 first phase of the state's portion of 7.19 the construction and equipping of the 7.20 Northstar commuter rail project. Any 7.21 design adopted by the commissioner for 7.22 a commuter rail corridor must mitigate 7.23 noise near station locations to the 7.24 maximum extent feasible. The 7.25 commissioner shall consult with elected 7.26 officials and residents in the affected 7.27 community prior to finalizing the 7.28 design. 7.29 $3,000,000 is for a grant to the city 7.30 of St. Paul to purchase the Union Depot. 7.31 Subd. 6. Motor Carrier Regulation 4,024,000 4,123,000 7.32 Summary by Fund 7.33 General 122,000 126,000 7.34 Trunk Highway 3,902,000 3,997,000 7.35 $500,000 each year is for commercial 7.36 vehicle information systems. Of this 7.37 amount, $325,000 adds to the agency's 7.38 budget base. 7.39 Subd. 7. Local Roads 512,049,000 527,940,000 7.40 Summary by Fund 7.41 General 7.42 For 2001 - $63,000,000 7.43 C.S.A.H. 405,330,000 418,113,000 7.44 M.S.A.S. 106,469,000 109,827,000 7.45 The amounts that may be spent from this 7.46 appropriation for each activity are as 7.47 follows: 7.48 (a) County State Aids 7.49 405,330,000 418,113,000 7.50 This appropriation is from the county 7.51 state-aid highway fund and is available 7.52 until spent. 8.1 (b) Municipal State Aids 8.2 106,469,000 109,827,000 8.3 This appropriation is from the 8.4 municipal state-aid street fund and is 8.5 available until spent. 8.6 If an appropriation for either county 8.7 state aids or municipal state aids does 8.8 not exhaust the balance in the fund 8.9 from which it is made in the year for 8.10 which it is made, the commissioner of 8.11 finance, upon request of the 8.12 commissioner of transportation, shall 8.13 notify the chair of the transportation 8.14 finance committee of the house of 8.15 representatives and the chair of the 8.16 transportation budget division of the 8.17 senate of the amount of the remainder 8.18 and shall then add that amount to the 8.19 appropriation. The amount added is 8.20 appropriated for the purposes of county 8.21 state aids or municipal state aids, as 8.22 appropriate. 8.23 (c) Local Bridge Replacement 8.24 and Rehabilitation 8.25 250,000 -0- 8.26 For 2001 - $10,000,000 8.27 This appropriation is onetime only from 8.28 the general fund and is available until 8.29 spent. 8.30 To match federal money and to replace 8.31 or rehabilitate local deficient 8.32 bridges. Political subdivisions may 8.33 use grants made under this subdivision 8.34 to construct or reconstruct bridges, 8.35 including: 8.36 (1) matching federal aid grants to 8.37 construct or reconstruct key bridges; 8.38 (2) paying the costs of preliminary 8.39 engineering and environmental studies 8.40 authorized under Minnesota Statutes, 8.41 section 174.50, subdivision 6a; 8.42 (3) paying the costs to abandon an 8.43 existing bridge that is deficient and 8.44 in need of replacement, but where no 8.45 replacement will be made; and 8.46 (4) paying the cost to construct a road 8.47 or street to facilitate the abandonment 8.48 of an existing bridge determined by the 8.49 commissioner to be deficient, if the 8.50 commissioner determines that 8.51 construction of the road or street is 8.52 more economical than replacing the 8.53 existing bridge. 8.54 Of this amount, $250,000 is for a grant 8.55 to the city of Akeley to match the 8.56 local share of the costs of 8.57 reconstructing a bridge on marked trunk 8.58 highway No. 64 where the bridge bisects 9.1 the Crow Wing lakes. 9.2 (d) Turnbacks 9.3 For 2001 - $3,000,000 9.4 This appropriation is onetime only from 9.5 the general fund and is available until 9.6 spent. 9.7 Of this appropriation, $2,000,000 is 9.8 for transfer to the county turnback 9.9 account and $1,000,000 is for transfer 9.10 to the municipal turnback account. 9.11 (e) Local Road Improvement Fund 9.12 For 2001 - $50,000,000 9.13 This appropriation is onetime only from 9.14 the general fund and is available until 9.15 spent. This appropriation is for 9.16 transfer to the local road improvement 9.17 fund under Minnesota Statutes, section 9.18 174.52. Of this appropriation, 9.19 $18,000,000 is for transfer to the 9.20 trunk highway corridor account, 9.21 $18,000,000 is for transfer to the 9.22 local road development account, 9.23 $10,000,000 is for transfer to the 9.24 small cities and towns account, of 9.25 which $8,000,000 is for distribution to 9.26 small cities and $2,000,000 is for 9.27 distribution to towns, and $4,000,000 9.28 is for transfer to the noise wall 9.29 account. 9.30 Of the amount in the noise wall 9.31 account, $750,000 must be used for a 9.32 demonstration project for constructing 9.33 masonry sound walls. After 9.34 construction of masonry sound walls 9.35 with this appropriation, the 9.36 commissioner shall evaluate the masonry 9.37 sound walls for the house of 9.38 representatives and senate 9.39 transportation committees. 9.40 Subd. 8. State Roads 974,735,000 988,138,000 9.41 Summary by Fund 9.42 General 9,000 9,000 9.43 For 2001 - $100,000,000 9.44 Trunk Highway 974,726,000 988,129,000 9.45 The amounts that may be spent from this 9.46 appropriation for each activity are as 9.47 follows: 9.48 (a) State Road Construction 9.49 562,567,000 562,567,000 9.50 It is estimated that these 9.51 appropriations will be funded as 9.52 follows: 9.53 Federal Highway Aid 10.1 275,000,000 300,000,000 10.2 Highway User Taxes 10.3 287,567,000 262,567,000 10.4 The commissioner of transportation 10.5 shall notify the chair of the 10.6 transportation budget division of the 10.7 senate and chair of the transportation 10.8 finance committee of the house of 10.9 representatives quarterly of any events 10.10 that should cause these estimates to 10.11 change. 10.12 This appropriation is for the actual 10.13 construction, reconstruction, and 10.14 improvement of trunk highways. This 10.15 includes the cost of actual payment to 10.16 landowners for lands acquired for 10.17 highway rights-of-way, payment to 10.18 lessees, interest subsidies, and 10.19 relocation expenses. 10.20 The commissioner may transfer up to 10.21 $15,000,000 each year to the trunk 10.22 highway revolving loan account. 10.23 The commissioner may receive money 10.24 covering other shares of the cost of 10.25 partnership projects. These receipts 10.26 are appropriated to the commissioner 10.27 for these projects. 10.28 (b) General Fund State Road 10.29 Construction 10.30 For 2001 - $100,000,000 10.31 (1) This appropriation is onetime only 10.32 from the general fund for the 10.33 construction, reconstruction, and 10.34 improvement of trunk highways. The 10.35 commissioner shall allocate this 10.36 appropriation to the eight state 10.37 construction districts using the target 10.38 allocation formula commonly used to 10.39 distribute biennial appropriations for 10.40 road construction purposes. The 10.41 districts shall give priority to 10.42 projects that preserve and repair 10.43 existing trunk highways or make 10.44 safety-related improvements and that 10.45 can be accomplished during the 10.46 2002-2003 fiscal biennium. 10.47 Of the appropriations under this 10.48 paragraph, the commissioner may not 10.49 spend more than $10,000,000 for program 10.50 delivery. 10.51 (2) The appropriations under this 10.52 paragraph are available through June 10.53 30, 2003. On July 1, 2003, any part of 10.54 this appropriation not spent cancels to 10.55 the trunk highway fund. The 10.56 commissioner shall report by February 10.57 1, 2003, to the chairs of the senate 10.58 and house of representatives committees 10.59 having jurisdiction over transportation 10.60 policy and transportation finance on 10.61 any projects that the department of 11.1 transportation has scheduled to be 11.2 constructed with this appropriation 11.3 that the commissioner determines will 11.4 be canceled or delayed as a result of 11.5 any part of this appropriation 11.6 canceling to the trunk highway fund. 11.7 For purposes of this paragraph, money 11.8 encumbered by the commissioner for a 11.9 trunk highway project is considered to 11.10 be spent. 11.11 (c) Report on General Fund 11.12 Road Construction 11.13 By August 1 of 2001, 2002, and 2003, 11.14 the commissioner shall report to the 11.15 chairs of the senate and house of 11.16 representatives committees with 11.17 jurisdiction over transportation policy 11.18 and finance on the status of each 11.19 project that is financed in whole or in 11.20 part from the money appropriated under 11.21 paragraph (b). For each such project 11.22 the report must identify: 11.23 (1) the estimated full cost; 11.24 (2) an estimate of the original and new 11.25 schedule for completion; and 11.26 (3) an estimate of the schedule for 11.27 completion and description of projects 11.28 that will be moved forward in the 11.29 district's ten-year plan due to the 11.30 availability of the appropriation in 11.31 paragraph (b). 11.32 (d) Highway Debt Service 11.33 19,235,000 24,228,000 11.34 $9,235,000 the first year and 11.35 $14,228,000 the second year are for 11.36 transfer to the state bond fund. 11.37 If this appropriation is insufficient 11.38 to make all transfers required in the 11.39 year for which it is made, the 11.40 commissioner of finance shall notify 11.41 the committee on state government 11.42 finance of the senate and the committee 11.43 on ways and means of the house of 11.44 representatives of the amount of the 11.45 deficiency and shall then transfer that 11.46 amount under the statutory open 11.47 appropriation. 11.48 Any excess appropriation must be 11.49 canceled to the trunk highway fund. 11.50 (e) Research and Investment Management 11.51 12,337,000 12,361,000 11.52 $600,000 the first year and $600,000 11.53 the second year are available for 11.54 grants for transportation studies 11.55 outside the metropolitan area to 11.56 identify critical concerns, problems, 11.57 and issues. These grants are available 11.58 to (1) regional development 12.1 commissions, and (2) in regions where 12.2 no regional development commission is 12.3 functioning, joint powers boards 12.4 established under agreement of two or 12.5 more political subdivisions in the 12.6 region to exercise the planning 12.7 functions of a regional development 12.8 commission, and (3) in regions where no 12.9 regional development commission or 12.10 joint powers board is functioning, the 12.11 department's district office for that 12.12 region. 12.13 $266,000 the first year and $266,000 12.14 the second year are available for 12.15 grants to metropolitan planning 12.16 organizations outside the seven-county 12.17 metropolitan area, including the 12.18 Mankato area. 12.19 $200,000 the first year is for an 12.20 update of the statewide transportation 12.21 plan. 12.22 $100,000 in the first year is for a 12.23 study of the feasibility and 12.24 desirability of allowing all vehicles 12.25 to use lanes on marked interstate 12.26 highways No. 394 and No. 35W presently 12.27 restricted to high-occupancy vehicles 12.28 only. The commissioner shall determine 12.29 a time during which such use shall be 12.30 allowed, and take all necessary steps 12.31 to permit such use for the period of 12.32 the study. The commissioner shall 12.33 contract with an independent consultant 12.34 to study the effects of opening the 12.35 lanes to all vehicles on traffic flow, 12.36 traffic congestion, transit and 12.37 high-occupancy vehicle use, and highway 12.38 safety on interstate highways No. 394 12.39 and No. 35W and other affected 12.40 highways. The commissioner shall 12.41 report to the legislature on the 12.42 results of the study by February 1, 12.43 2002. The commissioner shall take no 12.44 actions with respect to this study that 12.45 would result in a loss of federal funds 12.46 to the state or significant delay to a 12.47 state or local transportation project 12.48 financed partly with federal funds. 12.49 (f) Central Engineering Services 12.50 65,031,000 66,338,000 12.51 (g) Design and Construction Engineering 12.52 88,835,000 91,046,000 12.53 (h) State Road Operations 12.54 221,113,000 225,852,000 12.55 $2,750,000 the first year and 12.56 $2,750,000 the second year are for 12.57 facilities' maintenance. 12.58 $3,000,000 the first year and 12.59 $3,000,000 the second year are for 12.60 improved highway striping. 13.1 $3,250,000 the first year and 13.2 $3,250,000 the second year are for road 13.3 equipment and fabrication of auxiliary 13.4 equipment for snowplow trucks. 13.5 $875,000 the first year and $875,000 13.6 the second year are to support highway 13.7 signal and lighting maintenance 13.8 activities. 13.9 (i) Electronic Communications 13.10 5,617,000 5,746,000 13.11 Summary by Fund 13.12 General 9,000 9,000 13.13 Trunk Highway 5,608,000 5,737,000 13.14 Subd. 9. General Support 52,961,000 53,924,000 13.15 Summary by Fund 13.16 General 54,000 56,000 13.17 Airports 70,000 70,000 13.18 Trunk Highway 52,837,000 53,798,000 13.19 The amounts that may be spent from this 13.20 appropriation for each activity are as 13.21 follows: 13.22 (a) General Management 13.23 39,273,000 39,990,000 13.24 $125,000 each year is for a Native 13.25 American liaison to establish 13.26 relationships with tribal communities. 13.27 $6,600,000 each year is for 13.28 preservation and improvement of the 13.29 agency's information technology 13.30 infrastructure. 13.31 (b) General Services 13.32 13,688,000 13,934,000 13.33 Summary by Fund 13.34 General 54,000 56,000 13.35 Airports 70,000 70,000 13.36 Trunk Highway 13,564,000 13,808,000 13.37 If the appropriation for either year is 13.38 insufficient, the appropriation for the 13.39 other year is available for it. 13.40 $2,000,000 each year is for information 13.41 technology development activities. Of 13.42 this amount, $1,050,000 each year adds 13.43 to the agency budget base. 13.44 Subd. 10. Buildings 7,716,000 -0- 13.45 Summary by Fund 14.1 Trunk Highway 6,816,000 -0- 14.2 Special Revenue 900,000 -0- 14.3 $900,000 the first year is from the 14.4 driver license account in the special 14.5 revenue fund for an addition to the 14.6 driver's exam building in Eagan. 14.7 Subd. 11. Transfers 14.8 (a) The commissioner of transportation 14.9 with the approval of the commissioner 14.10 of finance may transfer unencumbered 14.11 balances among the appropriations from 14.12 the trunk highway fund and the state 14.13 airports fund made in this section. No 14.14 transfer may be made from the 14.15 appropriation for state road 14.16 construction. No transfer may be made 14.17 from the appropriations for debt 14.18 service to any other appropriation. 14.19 Transfers under this paragraph may not 14.20 be made between funds. Transfers must 14.21 be reported immediately to the chair of 14.22 the transportation budget division of 14.23 the senate and the chair of the 14.24 transportation finance committee of the 14.25 house of representatives. 14.26 (b) The commissioner of finance shall 14.27 transfer from the flexible account in 14.28 the county state-aid highway fund 14.29 $6,400,000 the first year and 14.30 $2,400,000 the second year to the 14.31 municipal turnback account in the 14.32 municipal state-aid street fund, and 14.33 the remainder in each year to the 14.34 county turnback account in the county 14.35 state-aid highway fund. 14.36 Subd. 12. Use of State Road 14.37 Construction Appropriations 14.38 Any money appropriated to the 14.39 commissioner of transportation for 14.40 state road construction for any fiscal 14.41 year before fiscal year 2001 is 14.42 available to the commissioner during 14.43 fiscal years 2002 and 2003 to the 14.44 extent that the commissioner spends the 14.45 money on the state road construction 14.46 project for which the money was 14.47 originally encumbered during the fiscal 14.48 year for which it was appropriated. 14.49 The commissioner of transportation 14.50 shall report to the commissioner of 14.51 finance by August 1, 2001, and August 14.52 1, 2002, on a form the commissioner of 14.53 finance provides, on expenditures made 14.54 during the previous fiscal year that 14.55 are authorized by this subdivision. 14.56 Subd. 13. Contingent Appropriation 14.57 The commissioner of transportation, 14.58 with the approval of the governor after 14.59 consultation with the legislative 14.60 advisory commission under Minnesota 14.61 Statutes, section 3.30, may transfer 15.1 all or part of the unappropriated 15.2 balance in the trunk highway fund to an 15.3 appropriation (1) for trunk highway 15.4 design, construction, or inspection in 15.5 order to take advantage of an 15.6 unanticipated receipt of income to the 15.7 trunk highway fund, (2) for trunk 15.8 highway maintenance in order to meet an 15.9 emergency, or (3) to pay tort or 15.10 environmental claims. The amount 15.11 transferred is appropriated for the 15.12 purpose of the account to which it is 15.13 transferred. 15.14 Sec. 3. METROPOLITAN COUNCIL 15.15 TRANSIT 68,101,000 68,101,000 15.17 For 2001 - $60,000,000 15.18 Subdivision 1. Transit Operations 68,101,000 68,101,000 15.19 The council may not spend more than 15.20 $42,200,000 for metro mobility in the 15.21 2002-2003 fiscal biennium except for 15.22 proceeds from bond sales when use of 15.23 those proceeds for metro mobility 15.24 capital expenditures is authorized by 15.25 law. 15.26 For the years ending June 30, 2004, and 15.27 June 30, 2005, the budget base for the 15.28 general fund appropriations under this 15.29 subdivision is transferred from the 15.30 general fund to the transit assistance 15.31 fund, when the deposit of revenues 15.32 specified in article 4, section 46, 15.33 takes effect. 15.34 Subd. 2. Bus Garages 15.35 For 2001 - $12,000,000 15.36 To construct bus garages. 15.37 This appropriation is onetime only and 15.38 is available until spent. 15.39 Subd. 3. Bus Purchases and 15.40 Capital Facilities 15.42 For 2001 - $20,000,000 15.43 This appropriation is for bus 15.44 purchases, bus shelters, park and ride 15.45 facilities, and other capital 15.46 facilities related to bus operations. 15.47 The council must use a portion of this 15.48 appropriation as capital grants to the 15.49 transit systems commonly known as 15.50 opt-outs. 15.51 Of this amount, $2,000,000 is for 15.52 construction of a bus transit hub in 15.53 the city of Brooklyn Center. 15.54 This appropriation is onetime only and 15.55 is available until spent. 15.56 $200,000 is for a pilot project which 15.57 will decrease traffic and parking needs 15.58 in the vicinity of regional parks. 16.1 Subd. 4. Fare Increase 16.2 Replacement 16.4 For 2001 - $18,000,000 16.5 This appropriation is a onetime 16.6 appropriation for transit operating 16.7 purposes to avoid a planned fare 16.8 increase. The metropolitan council may 16.9 not increase base fares during the 16.10 2002-2003 fiscal biennium without 16.11 specific legislative authorization. 16.12 The metropolitan council must use a 16.13 portion of this appropriation as grants 16.14 to the transit systems commonly known 16.15 as opt-outs to replace revenue expected 16.16 from the fare increase. 16.17 Subd. 5. Transit Ways 16.18 For 2001 - $10,000,000 16.19 For engineering, design, and 16.20 construction of transit ways, 16.21 including, but not limited to, 16.22 acquisition of land and right-of-way. 16.23 This appropriation is onetime only and 16.24 is available until spent. 16.25 Of this appropriation, $4,000,000 is 16.26 for a grant to the Dakota county 16.27 regional rail authority to be used as 16.28 follows: 16.29 (1) $2,000,000 is for a feasibility 16.30 study, environmental studies, and 16.31 preliminary engineering in the Cedar 16.32 Avenue corridor to link the Hiawatha, 16.33 Riverview, and Northstar transit 16.34 corridors in Dakota county and to 16.35 provide connection with marked 16.36 interstate highways I-35E and I-35; and 16.37 (2) $2,000,000 is for a transit 16.38 feasibility study, environmental 16.39 studies, and preliminary engineering in 16.40 the corridor that includes trunk 16.41 highway Nos. 52 and 3/Robert Street. 16.42 The study must include an evaluation of 16.43 transit alternatives in the corridor, 16.44 including improved bus services and 16.45 related facilities, or providing a 16.46 dedicated bus transit way, or light 16.47 rail transit. The study must include 16.48 an evaluation of connections to 16.49 downtown St. Paul and the Riverview and 16.50 Red Rock transit corridors. 16.51 Of this appropriation, $5,000,000 is 16.52 for a grant to the Ramsey county 16.53 regional rail authority for 16.54 environmental studies, preliminary 16.55 engineering, and implementation of 16.56 major transit improvements in the 16.57 central corridor linking downtown 16.58 Minneapolis and downtown St. Paul. 16.59 $1,000,000 is for a grant to the Rush 16.60 Line joint power board to implement 16.61 potential transit improvements, 17.1 including park and ride facilities and 17.2 bus lanes. 17.3 Sec. 4. PUBLIC SAFETY 17.4 Subdivision 1. Total 17.5 Appropriation 110,466,000 113,083,000 17.7 For 2001 - $3,020,000 17.8 Summary by Fund 17.9 General 12,290,000 12,046,000 17.10 For 2001 - $1,700,000 17.11 Trunk 17.12 Highway 64,798,000 68,367,000 17.13 For 2001 - $445,000 17.14 Highway User 11,428,000 11,061,000 17.15 For 2001 - $875,000 17.16 Special 17.17 Revenue 21,950,000 21,609,000 17.18 Subd. 2. Administration 17.19 and Related Services 13,169,000 13,365,000 17.20 Summary by Fund 17.21 General 4,578,000 4,603,000 17.22 Trunk Highway 7,206,000 7,377,000 17.23 Highway User 1,385,000 1,385,000 17.24 (a) Office of Communications 17.25 390,000 398,000 17.26 Summary by Fund 17.27 General 20,000 20,000 17.28 Trunk Highway 370,000 378,000 17.29 (b) Public Safety Support 17.30 7,903,000 7,995,000 17.31 Summary by Fund 17.32 General 3,086,000 3,087,000 17.33 Trunk Highway 3,451,000 3,542,000 17.34 Highway User 1,366,000 1,366,000 17.35 $326,000 the first year and $326,000 17.36 the second year are for payment of 17.37 public safety officer survivor benefits 17.38 under Minnesota Statutes, section 17.39 299A.44. If the appropriation for 17.40 either year is insufficient, the 17.41 appropriation for the other year is 17.42 available for it. 17.43 $314,000 the first year and $314,000 18.1 the second year are to be deposited in 18.2 the public safety officer's benefit 18.3 account. This money is available for 18.4 reimbursements under Minnesota 18.5 Statutes, section 299A.465. 18.6 $508,000 the first year and $508,000 18.7 the second year are for soft body armor 18.8 reimbursements under Minnesota 18.9 Statutes, section 299A.38. 18.10 (c) Technical Support Services 18.11 4,876,000 4,972,000 18.12 Summary by Fund 18.13 General 1,472,000 1,496,000 18.14 Trunk Highway 3,385,000 3,457,000 18.15 Highway User 19,000 19,000 18.16 Subd. 3. State Patrol 62,846,000 64,205,000 18.17 Summary by Fund 18.18 General 5,479,000 3,447,000 18.19 Trunk Highway 57,275,000 60,666,000 18.20 Highway User 92,000 92,000 18.21 (a) Patrolling Highways 18.22 50,905,000 54,111,000 18.23 Summary by Fund 18.24 General 37,000 37,000 18.25 For 2001 - $1,625,000 18.26 Trunk Highway 50,776,000 53,982,000 18.27 Highway Users 92,000 92,000 18.28 $1,625,000 in fiscal year 2001 from the 18.29 general fund is onetime only and is for 18.30 the purchase of video cameras for 18.31 installation in state patrol vehicles 18.32 and is available until June 30, 2003. 18.33 Of this appropriation, $1,212,000 the 18.34 first year and $3,082,000 the second 18.35 year from the trunk highway fund are 18.36 for 65 new patrol positions and the 18.37 recruit training academy. 18.38 (b) Commercial Vehicle Enforcement 18.39 6,295,000 6,474,000 18.40 This appropriation is from the trunk 18.41 highway fund. 18.42 (c) Capitol Security 18.43 4,021,000 3,620,000 18.44 Summary by Fund 19.1 General 3,817,000 3,410,000 19.2 Trunk Highway 204,000 210,000 19.3 $500,000 the first year from the 19.4 general fund is to be used by the 19.5 capitol complex security oversight 19.6 committee described in Minnesota 19.7 Statutes, section 299E.03. The 19.8 committee's chair shall use the money 19.9 at the direction of the committee and 19.10 with the advice of the commissioner to 19.11 purchase and install security 19.12 technology in the capitol complex. 19.13 Legislative members of the committee 19.14 may not vote on how the money is to be 19.15 used. The technology must include, but 19.16 is not limited to, video cameras, and 19.17 must be designed to enhance the safety 19.18 of legislators, constitutional 19.19 officers, members of the judiciary, 19.20 commissioners of state agencies, 19.21 visiting dignitaries, and members of 19.22 the public. 19.23 By January 15, 2002, the committee's 19.24 chair shall report on how the money was 19.25 spent to the chairs of the senate and 19.26 house of representatives committees or 19.27 divisions having jurisdiction over 19.28 capitol complex security. The 19.29 commissioner may, upon request of the 19.30 committee, transfer this appropriation 19.31 to the department of administration. 19.32 Subd. 4. Driver and 19.33 Vehicle Services 34,780,000 34,195,000 19.34 For 2001 - $75,000 19.35 Summary by Fund 19.36 General 3,858,000 3,996,000 19.37 For 2001 - $75,000 19.38 Trunk Highway -0- -0- 19.39 For 2001 - $445,000 19.40 Highway User 9,951,000 9,584,000 19.41 For 2001 - $875,000 19.42 Special Revenue 20,971,000 20,615,000 19.43 (a) Vehicle Registration 19.44 and Title 19.45 13,754,000 13,524,000 19.46 Summary by Fund 19.47 General 3,803,000 3,940,000 19.48 Highway User 9,951,000 9,584,000 19.49 For 2001 - $875,000 19.50 $875,000 from the highway user fund is 19.51 added to the appropriation for fiscal 20.1 year 2001 in Laws 1999, chapter 238, 20.2 article 1, section 4, subdivision 4a, 20.3 for increased license plate costs. 20.4 (b) Licensing Drivers 20.5 21,026,000 20,671,000 20.6 Summary by Fund 20.7 General 55,000 56,000 20.8 For 2001 - $75,000 20.9 Special Revenue 20,971,000 20,615,000 20.10 Trunk Highway -0- -0- 20.11 For 2001 - $445,000 20.12 $445,000 from the trunk highway fund is 20.13 added to the appropriation for fiscal 20.14 year 2001 in Laws 1999, chapter 238, 20.15 article 1, section 4, subdivision 4c, 20.16 for increased driver's license card 20.17 production costs. 20.18 $75,000 in fiscal year 2001 from the 20.19 general fund is for translating the 20.20 driver's manual. 20.21 Subd. 5. Traffic Safety 317,000 324,000 20.22 This appropriation is from the trunk 20.23 highway fund. 20.24 Subd. 6. Pipeline Safety 979,000 994,000 20.25 This appropriation is from the pipeline 20.26 safety account in the special revenue 20.27 fund. 20.28 Sec. 5. MINNESOTA SAFETY 20.29 COUNCIL 67,000 67,000 20.30 This is an ongoing appropriation. 20.31 Sec. 6. FINANCE 20.32 For 2001 - $10,000,000 20.33 For transfer to the transportation 20.34 revolving fund. 20.35 This appropriation is onetime only from 20.36 the general fund. 20.37 Sec. 7. GENERAL CONTINGENT 20.38 ACCOUNTS 5,975,000 5,975,000 20.39 The appropriations in this section may 20.40 only be spent with the approval of the 20.41 governor after consultation with the 20.42 legislative advisory commission 20.43 pursuant to Minnesota Statutes, section 20.44 3.30. 20.45 If an appropriation in this section for 20.46 either year is insufficient, the 20.47 appropriation for the other year is 20.48 available for it. 21.1 Summary by Fund 21.2 General Fund 5,100,000 5,100,000 21.3 Special Revenue 400,000 400,000 21.4 Trunk Highway 200,000 200,000 21.5 Highway User 125,000 125,000 21.6 Airports 50,000 50,000 21.7 Workers' Compensation 100,000 100,000 21.8 $4,400,000 the first year from the 21.9 general fund is for the fiscal year 21.10 2001 required match of federal disaster 21.11 assistance for all currently open 21.12 presidential declared disasters and is 21.13 added to the appropriation in Laws 21.14 1999, chapter 216, article 1, section 21.15 7, subdivision 2, for the state match 21.16 of federal disaster assistance money 21.17 under Minnesota Statutes, section 21.18 12.221. This appropriation is 21.19 available to fund state obligations 21.20 incurred through the receipt of federal 21.21 disaster assistance grants and is 21.22 available the day following final 21.23 enactment. 21.24 Sec. 8. TORT CLAIMS 600,000 600,000 21.25 To be spent by the commissioner of 21.26 finance. 21.27 This appropriation is from the trunk 21.28 highway fund. 21.29 If the appropriation for either year is 21.30 insufficient, the appropriation for the 21.31 other year is available for it. 21.32 ARTICLE 2 21.33 CRIMINAL JUSTICE APPROPRIATIONS 21.34 Section 1. [APPROPRIATIONS.] 21.35 The sums shown in the columns marked "APPROPRIATIONS" are 21.36 appropriated from the general fund, or another named fund, to 21.37 the agencies and for the purposes specified in this article, to 21.38 be available for the fiscal years indicated for each purpose. 21.39 The figures "2001," "2002," and "2003," where used in this 21.40 article, mean that the appropriations listed under them are 21.41 available for the year ending June 30, 2001, June 30, 2002, or 21.42 June 30, 2003, respectively. The term "first year" means the 21.43 year ending June 30, 2002, and the term "second year" means the 21.44 year ending June 30, 2003. Appropriations for the year ending 21.45 June 30, 2001, are in addition to appropriations made in 22.1 previous years. All 2001 appropriations in this article are 22.2 effective immediately on final enactment and do not cancel, but 22.3 are available until expended. 22.4 SUMMARY BY FUND 22.5 2002 2003 TOTAL 22.6 General $ 85,426,000 $ 83,660,000 $ 169,086,000 22.7 For 2001 - $16,300,000 22.8 Special Revenue 5,983,000 5,421,000 11,404,000 22.9 Environmental 47,000 49,000 96,000 22.10 State Government 22.11 Special Revenue 7,000 7,000 14,000 22.12 Trunk Highway 354,000 361,000 715,000 22.13 TOTAL $ 91,817,000 $ 89,498,000 $ 181,315,000 22.14 For 2001 - $16,300,000 22.15 APPROPRIATIONS 22.16 Available for the Year 22.17 Ending June 30 22.18 2002 2003 22.19 Sec. 2. CRIME VICTIM 22.20 OMBUDSMAN 408,000 419,000 22.21 Sec. 3. PUBLIC SAFETY 22.22 Subdivision 1. Total 22.23 Appropriation 96,928,000 88,882,000 22.24 For 2001 - $16,300,000 22.25 Summary by Fund 22.26 2002 2003 22.27 General 84,874,000 83,093,000 22.28 For 2001 - $16,300,000 22.29 Special Revenue 1,291,000 697,000 22.30 State Government 22.31 Special Revenue 7,000 7,000 22.32 Environmental 47,000 49,000 22.33 Trunk Highway 354,000 361,000 22.34 The amounts that may be spent from this 22.35 appropriation for each program are 22.36 specified in the following subdivisions. 22.37 Subd. 2. Emergency Management 22.38 Summary by Fund 22.39 General 7,591,000 7,633,000 22.40 For 2001 - $6,000,000 23.1 Environmental 47,000 49,000 23.2 (a) The department may carry $82,000 23.3 from the biennium ending June 30, 2001, 23.4 to the biennium ending June 30, 2003. 23.5 (b) $5,000,000 the first year and 23.6 $5,000,000 the second year from the 23.7 general fund are for the state match of 23.8 federal disaster assistance money under 23.9 Minnesota Statutes, section 12.221. 23.10 The unused balance each year must be 23.11 transferred to the state's general 23.12 contingent account. 23.13 (c) $6,000,000 in fiscal year 2001 from 23.14 the general fund is for a grant to the 23.15 city of Granite Falls to assist with 23.16 tornado-related costs that are not 23.17 eligible for reimbursement under the 23.18 Federal Emergency Management Agency 23.19 disaster relief programs, including 23.20 acquisition and cleanup costs of 23.21 ineligible properties; costs of lost 23.22 interest earnings; and costs of damage 23.23 assessment, repair, replacement, 23.24 extension, or improvement of publicly 23.25 owned wastewater and municipal utility 23.26 services and drinking water systems, 23.27 and is available until June 30, 2003. 23.28 (d) $1,022,000 the first year and 23.29 $1,026,000 the second year from the 23.30 general fund are for hazardous 23.31 materials emergency response/chemical 23.32 assessment teams. The commissioner 23.33 shall maintain operation of four 23.34 combined hazardous materials emergency 23.35 response/chemical assessment teams and 23.36 six stand-alone chemical assessment 23.37 teams with this appropriation. 23.38 Subd. 3. Criminal Apprehension 23.39 Summary by Fund 23.40 General 31,500,000 31,786,000 23.41 For 2001 - $8,000,000 23.42 Special Revenue 1,291,000 697,000 23.43 State Government 23.44 Special Revenue 7,000 7,000 23.45 Trunk Highway 354,000 361,000 23.46 (a) $99,000 the first year and $99,000 23.47 the second year from the bureau of 23.48 criminal apprehension account in the 23.49 special revenue fund are for grants to 23.50 local officials for the cooperative 23.51 investigation of cross-jurisdictional 23.52 criminal activity. Any unencumbered 23.53 balance remaining in the first year 23.54 does not cancel but is available for 23.55 the second year. 23.56 (b) $1,332,000 the first year and 23.57 $1,357,000 the second year from the 23.58 general fund are for laboratory 24.1 analysis related to driving while 24.2 impaired cases. 24.3 (c) Notwithstanding Minnesota Statutes, 24.4 section 161.20, subdivision 3, $354,000 24.5 the first year and $361,000 the second 24.6 year from the trunk highway fund are 24.7 for laboratory analysis related to 24.8 driving while impaired cases. 24.9 (d) $750,000 the first year and 24.10 $750,000 the second year are for the 24.11 CriMNet project components to maintain 24.12 the CriMNet enterprise model for use in 24.13 all criminal justice information 24.14 systems implementation efforts, and to 24.15 staff other CriMNet activities. 24.16 (e) $8,000,000 in fiscal year 2001, 24.17 $1,000,000 the first year and 24.18 $1,000,000 the second year are onetime 24.19 appropriations for grants under 24.20 Minnesota Statutes, section 299C.65, 24.21 subdivision 7, to implement criminal 24.22 justice information integration plans 24.23 for entities that have completed 24.24 integration plans under Minnesota 24.25 Statutes, section 299C.65, subdivision 24.26 6, and are available until June 30, 24.27 2003. 24.28 (f) $500,000 the first year and 24.29 $500,000 the second year are onetime 24.30 appropriations for grants to develop 24.31 criminal justice information 24.32 integration plans under Minnesota 24.33 Statutes, section 299C.65, subdivision 24.34 6. 24.35 (g) $1,000,000 the first year and 24.36 $1,000,000 the second year are for the 24.37 CriMNet project component to work on 24.38 eliminating records currently in the 24.39 criminal history suspense file, and to 24.40 assist local agencies in changing their 24.41 business practices to prevent 24.42 inaccurate and incomplete data from 24.43 being submitted. 24.44 Subd. 4. Fire Marshal 24.45 3,280,000 3,363,000 24.46 $99,000 the first year and $102,000 the 24.47 second year from the general fund are 24.48 for hazardous materials emergency 24.49 response/chemical assessment teams. 24.50 Subd. 5. Alcohol and Gambling Enforcement 24.51 1,822,000 1,864,000 24.52 Subd. 6. Crime Victim Services Center 24.53 32,682,000 32,536,000 24.54 For 2001 - $300,000 24.55 (a) $300,000 in fiscal year 2001 and 24.56 $100,000 the second year are for the 24.57 statewide automated victim notification 25.1 system described in Minnesota Statutes, 25.2 section 299A.76. Of this amount, 25.3 $100,000 the second year adds to the 25.4 agency's base budget. 25.5 (b) $280,000 the first year is a 25.6 onetime appropriation for the pilot 25.7 project grant program to provide 25.8 neighborhood-based services to crime 25.9 victims and witnesses described in 25.10 section 14. The grant recipient or 25.11 recipients shall use the grant money to 25.12 offer services in a minimum of five 25.13 locations, at least three of which must 25.14 be locations where these types of 25.15 services are not currently offered. 25.16 (c) $250,000 the first year and 25.17 $250,000 the second year are onetime 25.18 appropriations for a sexual assault 25.19 multidisciplinary action response teams 25.20 grant program. Of this appropriation, 25.21 $75,000 each year is for technical 25.22 assistance and training services 25.23 provided by the sexual assault justice 25.24 institute of the Minnesota coalition 25.25 against sexual assault. To receive 25.26 state funds, grantees must provide a 25 25.27 percent match. The match may include 25.28 in-kind services. 25.29 The executive director, in consultation 25.30 with the sexual assault advisory 25.31 council, shall make grants to counties 25.32 or groups of counties to establish 25.33 response teams. The response teams are 25.34 responsible for developing interagency 25.35 protocols following the eight-step 25.36 process developed as the Minnesota 25.37 model sexual assault response 25.38 protocol. Response teams shall work in 25.39 collaboration with the sexual violence 25.40 justice institute of the Minnesota 25.41 coalition against sexual assault. 25.42 Response teams shall include: 25.43 (1) a chief law enforcement officer or 25.44 designee; 25.45 (2) a county attorney or designee; 25.46 (3) a victims' advocate; and 25.47 (4) a medical evidentiary exam provider. 25.48 Additional representation may include, 25.49 but is not limited to: mental health 25.50 professionals, representatives from 25.51 institutions of higher learning, 25.52 representatives from district court 25.53 administration, representatives from 25.54 corrections agencies, clergy, and 25.55 community-based agencies providing 25.56 services to victims of sexual assault. 25.57 The executive director shall award up 25.58 to ten grants in a manner that attempts 25.59 to ensure statewide distribution of 25.60 response teams. 26.1 (d) $1,000,000 the first year and 26.2 $1,000,000 the second year are onetime 26.3 appropriations for per diem funding for 26.4 battered women shelters under Minnesota 26.5 Statutes, section 611A.32, and for safe 26.6 homes. 26.7 Subd. 7. Law Enforcement and Community Grants 26.8 7,999,000 5,911,000 26.9 For 2001 - $2,000,000 26.10 (a) $250,000 the first year is a 26.11 onetime appropriation for a grant to 26.12 the Pennington county sheriff for 26.13 implementation of an 800 MHz trunked 26.14 public safety radio system. 26.15 (b) $1,000,000 the first year is a 26.16 onetime appropriation for grants under 26.17 Minnesota Statutes, section 299C.065, 26.18 subdivision 1, clause (1), for 26.19 increased law enforcement costs 26.20 relating to methamphetamine trafficking 26.21 and production. Grant recipients must 26.22 be chosen by the office of drug policy 26.23 and violence prevention after 26.24 consulting with the narcotics 26.25 enforcement coordinating committee. 26.26 Grants must be allocated in a balanced 26.27 manner among rural, suburban, and urban 26.28 drug task force agencies. Grants may 26.29 be awarded and used for the following 26.30 items relating to clandestine 26.31 methamphetamine labs: 26.32 (1) increased general law enforcement 26.33 costs; 26.34 (2) training materials and public 26.35 awareness publications; 26.36 (3) peace officer training courses, 26.37 certification, and equipment; and 26.38 (4) reimbursements to law enforcement 26.39 agencies for extraordinary or unusual 26.40 overtime and investigative expenses. 26.41 Grants must not be used for 26.42 methamphetamine lab site cleanup or 26.43 disposal of seized equipment or 26.44 chemicals. Additionally, grants must 26.45 not supplant current local spending or 26.46 other state or federal grants allocated 26.47 by the commissioner of public safety 26.48 for similar purposes. 26.49 (c) $550,000 the first year and 26.50 $550,000 the second year are to 26.51 continue to operate the youth 26.52 experience alternatives program, which 26.53 includes weekend camp programs for 26.54 at-risk youth described as the Camp 26.55 Ripley weekend camp program in Laws 26.56 1997, chapter 239, article 1, section 26.57 12, subdivision 3, as amended by Laws 26.58 1998, chapter 367, article 10, section 26.59 13. The commissioner shall attempt to 26.60 serve at least 500 juveniles per year 27.1 within this appropriation. This 27.2 appropriation adds to the agency's base 27.3 budget. 27.4 (d) $2,000,000 in fiscal year 2001 is a 27.5 onetime appropriation for grants 27.6 authorized under Minnesota Statutes, 27.7 section 299A.66, subdivisions 1 and 2, 27.8 and is available until June 30, 2003. 27.9 (e) $250,000 the first year and 27.10 $250,000 the second year are onetime 27.11 appropriations for distribution as 27.12 matching funds to counties 27.13 participating in multijurisdictional 27.14 narcotics task forces that receive 27.15 federal Byrne grant funds. These 27.16 matching funds are available statewide 27.17 to any county currently participating 27.18 in a task force, any county seeking to 27.19 join an existing task force, and any 27.20 county starting its own task force. 27.21 (f) $600,000 the first year is a 27.22 onetime appropriation for a grant to 27.23 the Ramsey county attorney's office to 27.24 continue funding the joint domestic 27.25 abuse prosecution unit. Of this 27.26 appropriation, $100,000 is for a grant 27.27 to the Ramsey county public defender's 27.28 office to continue work related to the 27.29 joint domestic abuse prosecution unit. 27.30 This appropriation is available until 27.31 June 30, 2003. 27.32 The Ramsey county attorney's office and 27.33 the St. Paul city attorney's office 27.34 shall continue the joint domestic abuse 27.35 prosecution unit pilot project 27.36 established by the legislature under 27.37 Laws 2000, chapters 471, section 3; and 27.38 488, article 6, section 10. The 27.39 appropriation must be used to continue 27.40 the pilot project beyond its first year 27.41 of operation and allow a meaningful 27.42 evaluation that will benefit other 27.43 jurisdictions in Minnesota. The unit 27.44 has authority to prosecute 27.45 misdemeanors, gross misdemeanors, and 27.46 felonies. The unit shall also 27.47 coordinate efforts with child 27.48 protection attorneys. The unit may 27.49 include four cross-deputized assistant 27.50 city attorneys and assistant county 27.51 attorneys and a police investigator. A 27.52 victim/witness advocate, a law clerk, a 27.53 paralegal, and a secretary may provide 27.54 support. 27.55 The goals of this pilot project are to: 27.56 (1) recognize children as both victims 27.57 and witnesses in domestic abuse 27.58 situations; 27.59 (2) recognize and respect the interests 27.60 of children in the prosecution of 27.61 domestic abuse; and 27.62 (3) reduce the exposure to domestic 27.63 violence for both adult and child 28.1 victims. 28.2 By January 15, 2002, the Ramsey county 28.3 attorney's office and the St. Paul city 28.4 attorney's office shall report to the 28.5 chairs and ranking minority members of 28.6 the senate and house of representatives 28.7 committees and divisions having 28.8 jurisdiction over criminal justice 28.9 policy and funding on the pilot 28.10 project. The report may include the 28.11 number and types of cases referred, the 28.12 number of cases charged, the outcome of 28.13 cases, and other relevant outcome 28.14 measures. 28.15 (g) $300,000 the first year and 28.16 $300,000 the second year are for grants 28.17 to the center for reducing rural 28.18 violence to be used by the center to 28.19 continue the violence prevention 28.20 services and related technical 28.21 assistance it currently offers to rural 28.22 communities. This appropriation adds 28.23 to the agency's base budget. 28.24 (h) $250,000 the first year is for 28.25 grants under Minnesota Statutes, 28.26 section 299A.62, the community-oriented 28.27 policing program, to fund overtime for 28.28 peace officers. Fifty percent is to be 28.29 used for grants to St. Paul and 28.30 Minneapolis police departments and 50 28.31 percent is to be used for grants to 28.32 other police departments statewide. 28.33 This appropriation is available until 28.34 June 30, 2003. 28.35 Sec. 4. BOARD OF PEACE OFFICER 28.36 STANDARDS AND TRAINING 4,692,000 4,724,000 28.37 This appropriation is from the peace 28.38 officer training account in the special 28.39 revenue fund. Any receipts credited to 28.40 the peace officer training account in 28.41 the special revenue fund in the first 28.42 year in excess of $4,692,000 must be 28.43 transferred and credited to the general 28.44 fund. Any receipts credited to the 28.45 peace officer training account in the 28.46 special revenue fund in the second year 28.47 in excess of $4,724,000 must be 28.48 transferred and credited to the general 28.49 fund. 28.50 Sec. 5. BOARD OF PRIVATE DETECTIVE 28.51 AND PROTECTIVE AGENT SERVICES 144,000 148,000 28.52 The board may increase the amounts 28.53 charged for initial licenses, 28.54 application fees, reissuance fees, 28.55 designation fees, status fees, and 28.56 business fees as specified on page 28.57 H-331 of the governor's 2002-2003 28.58 proposed criminal justice budget. 28.59 Sec. 6. Minnesota Statutes 2000, section 13.87, is amended 28.60 by adding a subdivision to read: 28.61 Subd. 3. [INTERNET ACCESS.] (a) Notwithstanding section 29.1 13.03, subdivision 3, paragraph (a), the bureau of criminal 29.2 apprehension may charge a fee for Internet access to public 29.3 criminal history data provided through August 1, 2005. The fee 29.4 may not exceed $5 per inquiry or the amount needed to recoup the 29.5 actual cost of implementing and providing Internet access, 29.6 whichever is less. 29.7 (b) The Web site must include a notice to the subject of 29.8 data of the right to contest the accuracy or completeness of 29.9 data, as provided under section 13.04, subdivision 4, and 29.10 provide a telephone number and address that the subject may 29.11 contact for further information on this process. 29.12 (c) The Web site must include the effective date of data 29.13 that is posted. 29.14 (d) The Web site must include a description of the types of 29.15 criminal history data not available on the site, including 29.16 arrest data, juvenile data, criminal history data from other 29.17 states, federal data, data on convictions where 15 years have 29.18 elapsed since discharge of the sentence, and other data that are 29.19 not accessible to the public. 29.20 (e) The Web site must include a notice that a person 29.21 obtaining access to the site has a duty to disclose criminal 29.22 history data obtained from the site to the subject of the data 29.23 if any adverse decision regarding employment, housing, or credit 29.24 is based in whole or in part on the data. This paragraph does 29.25 not create a civil cause of action on behalf of the data subject. 29.26 Sec. 7. [299A.68] [FINANCIAL CRIMES INVESTIGATION UNIT 29.27 ESTABLISHED.] 29.28 Subdivision 1. [INVESTIGATION UNIT ESTABLISHED.] A group 29.29 of two or more local governmental units may enter into an 29.30 agreement to establish a major financial crimes investigation 29.31 unit. 29.32 Subd. 2. [INVESTIGATION UNIT'S DUTIES.] The investigation 29.33 unit shall investigate consumer identity theft cases and 29.34 reported financial crimes from individuals and businesses who 29.35 are victims of such crimes. The investigation unit shall focus 29.36 on financial crimes including, but not limited to: theft, 30.1 fraud, and forgery crimes, including identity theft, check 30.2 forgery, fraud in obtaining credit, financial transaction card 30.3 fraud, theft from merchants, possession or sale of stolen or 30.4 counterfeit checks, issuance of dishonored checks, creation or 30.5 use of counterfeit state identification, obtaining counterfeit 30.6 state identification, fraudulent Internet transactions, 30.7 fraudulent merchandise returns, and other related financial 30.8 crimes. In particular, the investigation unit shall target 30.9 criminals who: 30.10 (1) commit multiple cross-jurisdictional financial crimes; 30.11 (2) employ computers and other sophisticated technology to 30.12 counterfeit documents or commit fraud; or 30.13 (3) illegally obtain consumer information for identity 30.14 theft. 30.15 Subd. 3. [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 30.16 The local governmental units that agree to form and participate 30.17 in the financial crimes investigation unit shall oversee the 30.18 investigation unit's operation by establishing procedures and 30.19 guidelines in their agreement. The agreement may address the 30.20 following: 30.21 (1) the command structure of the investigation unit; 30.22 (2) acquisition of equipment, office space, and 30.23 transportation; 30.24 (3) procedures for contracting for necessary administrative 30.25 support; 30.26 (4) selection and assignment of members; 30.27 (5) transfer of investigation unit members; 30.28 (6) resolution of disputes between participating local 30.29 governmental units; and 30.30 (7) all other issues deemed pertinent by the participating 30.31 local governmental units. 30.32 Subd. 4. [COMMANDER.] The participating local governmental 30.33 units shall select a commander to direct the investigation 30.34 unit. The commander shall make tactical decisions regarding the 30.35 commencement, continuation, and conclusion of investigations of 30.36 crimes within the investigation unit's jurisdiction. The 31.1 commander shall also report annually to the office of drug 31.2 policy and violence prevention as required in subdivision 11. 31.3 Subd. 5. [MEMBERS.] The investigation unit may include law 31.4 enforcement officers, prosecutors, and investigators from local 31.5 governmental units who are selected by their supervisors to 31.6 participate in the investigation unit. All law enforcement 31.7 officers selected to join the investigation unit must be 31.8 licensed peace officers under section 626.84, subdivision 1. 31.9 Subd. 6. [JURISDICTION.] Law enforcement officers who are 31.10 members of the investigation unit shall have statewide 31.11 jurisdiction to conduct criminal investigations into financial 31.12 crimes as described in subdivision 2 and possess the same powers 31.13 of arrest as those possessed by a sheriff. 31.14 Subd. 7. [COLLABORATION WITH OTHER PROSECUTORS AND LAW 31.15 ENFORCEMENT OFFICERS.] To the greatest degree possible, the 31.16 investigation unit shall cooperate and collaborate with existing 31.17 prosecutorial offices and law enforcement agencies. 31.18 Subd. 8. [PROSECUTOR.] A participating prosecutor shall 31.19 remain an employee of the contributing county. 31.20 Subd. 9. [MONITOR.] The commissioner of public safety 31.21 shall select a representative from the office of drug policy and 31.22 violence prevention to monitor the activities of the 31.23 investigation unit. 31.24 Subd. 10. [FORFEITURE.] Property seized by the 31.25 investigation unit is subject to forfeiture pursuant to sections 31.26 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 31.27 established. The investigation unit shall receive the proceeds 31.28 from the sale of all property that it properly seizes and that 31.29 is forfeited. 31.30 Subd. 11. [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 31.31 the commander of the investigation unit shall report annually to 31.32 the monitor from the office of drug policy and violence 31.33 prevention on the activities of the investigation unit. 31.34 (b) Beginning October 1, 2002, the monitor from the office 31.35 of drug policy and violence prevention shall report annually to 31.36 the commissioner of public safety on the activities of the 32.1 investigation unit. 32.2 (c) By March 1, 2003, the monitor and commander, in 32.3 collaboration with the commissioner of public safety, shall 32.4 report to the chairs and ranking minority members of the house 32.5 of representatives and senate committees and divisions having 32.6 jurisdiction over criminal justice policy and funding on the 32.7 activities of the investigation unit. 32.8 Subd. 12. [EXPIRATION.] This investigation unit 32.9 legislation expires on June 30, 2003. 32.10 Sec. 8. [299A.76] [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 32.11 The center for crime victim services shall oversee the 32.12 design and implementation of a statewide automated victim 32.13 notification system serving state and local correctional 32.14 facilities and courts. 32.15 Sec. 9. Minnesota Statutes 2000, section 299C.10, 32.16 subdivision 1, is amended to read: 32.17 Subdivision 1. [LAW ENFORCEMENT DUTYREQUIRED 32.18 FINGERPRINTING.] (a)It is hereby made the duty of theSheriffs 32.19of the respective counties, of the police, peace officersin32.20cities of the first, second, and third classes, under the32.21direction of the chiefs of police in such cities, andof32.22 community corrections agencies operating secure juvenile 32.23 detention facilitiestoshall take or cause to be taken 32.24 immediately finger and thumb prints, photographs, distinctive 32.25 physical mark identification data, information on any known 32.26 aliases or street names, and other identification data requested 32.27 or required by the superintendent of the bureau, of the 32.28 following: 32.29 (1) persons arrested for, appearing in court on a charge 32.30 of, or convicted of a felonyor, gross misdemeanor, or targeted 32.31 misdemeanor; 32.32 (2) juveniles arrested for, appearing in court on a charge 32.33 of, adjudicated delinquent for, or alleged to have committed 32.34 felonies or gross misdemeanors as distinguished from those 32.35 committed by adult offenders; 32.36 (3) persons reasonably believed by the arresting officer to 33.1 be fugitives from justice; 33.2 (4) persons in whose possession, when arrested, are found 33.3 concealed firearms or other dangerous weapons, burglar tools or 33.4 outfits, high-power explosives, or articles, machines, or 33.5 appliances usable for an unlawful purpose and reasonably 33.6 believed by the arresting officer to be intended for such 33.7 purposes; and 33.8 (5) juveniles referred by a law enforcement agency to a 33.9 diversion program for a felony or gross misdemeanor offense. 33.10 Unless the superintendent of the bureau requires a shorter 33.11 period, within 24 hours the fingerprint records and other 33.12 identification data specified under this paragraph must be 33.13 forwarded to the bureauof criminal apprehensionon such forms 33.14 and in such manner as may be prescribed by the superintendentof33.15the bureau of criminal apprehension. 33.16 (b)Effective August 1, 1997, the identification reporting33.17requirements shall also apply to persons arrested for or alleged33.18to have committed targeted misdemeanor offenses and juveniles33.19arrested for or alleged to have committed gross misdemeanors.33.20In addition, the reporting requirements shall include any known33.21aliases or street names of the offendersProsecutors, courts, 33.22 and probation officers shall attempt to ensure that the required 33.23 identification data is taken on a person described in paragraph 33.24 (a). 33.25 (c) For purposes of this section, a targeted misdemeanor is 33.26 a misdemeanor violation of section 169A.20 (driving while 33.27 impaired), 518B.01 (order for protection violation), 609.224 33.28 (fifth degree assault), 609.2242 (domestic assault), 609.746 33.29 (interference with privacy), 609.748 (harassment or restraining 33.30 order violation), or 617.23 (indecent exposure). 33.31 Sec. 10. Minnesota Statutes 2000, section 299C.11, is 33.32 amended to read: 33.33 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 33.34 (a)TheEach sheriffof each countyandthechief of police 33.35of each city of the first, second, and third classesshall 33.36 furnish the bureau, upon such form as the superintendent shall 34.1 prescribe, with such finger and thumb prints, photographs, 34.2 distinctive physical mark identification data, information on 34.3 known aliases and street names, and other identification data as 34.4 may be requested or required by the superintendent of the 34.5 bureau, whichmaymust be taken under the provisions of section 34.6 299C.10, of persons who shall be convicted of a felony, gross34.7misdemeanor, or who shall be. In addition, sheriffs and chiefs 34.8 of police shall furnish this identification data to the bureau 34.9 for individuals found to have been convicted of a felonyor, 34.10 gross misdemeanor, or targeted misdemeanor, within the ten years 34.11nextimmediately preceding their arrest. 34.12 (b) No petition under chapter 609A is required if the 34.13 person has not been convicted of any felony or gross 34.14 misdemeanor, either within or without the state, within the 34.15 period of ten years immediately preceding the determination of 34.16 all pending criminal actions or proceedings in favor of the 34.17 arrested person, and either of the following occurred: 34.18 (1) all charges were dismissed prior to a determination of 34.19 probable cause; or 34.20 (2) the prosecuting authority declined to file any charges 34.21 and a grand jury did not return an indictment. 34.22 Where these conditions are met, the bureau or agency shall, upon 34.23 demand, return to the arrested person finger and thumb prints, 34.24 photographs, distinctive physical mark identification data, 34.25 information on known aliases and street names, and other 34.26 identification data, and all copies and duplicates of them. 34.27 (c) Except as otherwise provided in paragraph (b), upon the 34.28 determination of all pending criminal actions or proceedings in 34.29 favor of the arrested person, and the granting of the petition 34.30 of the arrested person under chapter 609A, the bureau shall seal 34.31 finger and thumb prints, photographs, distinctive physical mark 34.32 identification data, information on known aliases and street 34.33 names, and other identification data, and all copies and 34.34 duplicates of them if the arrested person has not been convicted 34.35 of any felony or gross misdemeanor, either within or without the 34.36 state, within the period of ten years immediately preceding such 35.1 determination. 35.2 (d) DNA samples and DNA records of the arrested person 35.3 shall not be returned, sealed, or destroyed as to a charge 35.4 supported by probable cause. 35.5 (e) For purposes of this section,: 35.6 (1) "determination of all pending criminal actions or 35.7 proceedings in favor of the arrested person" does not include: 35.8(1)(i) the sealing of a criminal record pursuant to 35.9 section 152.18, subdivision 1, 242.31, or chapter 609A; 35.10(2)(ii) the arrested person's successful completion of a 35.11 diversion program; 35.12(3)(iii) an order of discharge under section 609.165; or 35.13(4)(iv) a pardon granted under section 638.02; and 35.14 (2) "targeted misdemeanor" has the meaning given in section 35.15 299C.10, subdivision 1. 35.16 Sec. 11. [299C.111] [SUSPENSE FILE REPORTING.] 35.17 (a) By June 1 and December 1 of each year, the 35.18 superintendent shall provide an entity or individual having 35.19 responsibility regarding identification data under section 35.20 299C.10 and the criminal and juvenile justice information policy 35.21 group with summary data on the number of disposition records 35.22 pertaining to the entity or individual that have not been linked 35.23 to an arrest record. 35.24 (b) The superintendent shall immediately notify the 35.25 appropriate entity or individual when a disposition record is 35.26 received that cannot be linked to an arrest record. 35.27 (c) By June 1 and December 1 of each year, the 35.28 superintendent shall provide the criminal and juvenile justice 35.29 information policy group with the number of identification 35.30 records not entered on the automated fingerprint identification 35.31 system and the criminal history files. 35.32 Sec. 12. Minnesota Statutes 2000, section 299C.147, 35.33 subdivision 2, is amended to read: 35.34 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 35.35 maintain a computerized data system for the purpose of assisting 35.36 criminal justice agencies in monitoring and enforcing the 36.1 conditions of conditional release imposed on criminal offenders 36.2 by a sentencing court or the commissioner of corrections. The 36.3 data in the system are private data as defined in section 13.02, 36.4 subdivision 12, but are accessible to criminal justice agencies 36.5 as defined in section 13.02, subdivision 3a, to public defenders 36.6 as provided in section 611.272, to the district court, and to 36.7 criminal justice agencies in other states in the conduct of 36.8 their official duties. 36.9 Sec. 13. [609.118] [FINGERPRINTING REQUIRED.] 36.10 (a) When a person is convicted of a felony, gross 36.11 misdemeanor, or targeted misdemeanor, as defined in section 36.12 299C.10, subdivision 1, or is adjudicated delinquent for a 36.13 felony or gross misdemeanor, the court shall order the offender 36.14 to immediately report to the law enforcement agency responsible 36.15 for the charge resulting in conviction or adjudication for the 36.16 collection of fingerprint and other identification data required 36.17 under section 299C.10, regardless of the sentence imposed or 36.18 executed. 36.19 (b) Paragraph (a) does not apply if the person is remanded 36.20 to the custody of a law enforcement agency or if the 36.21 identification data was collected prior to the conviction or 36.22 adjudication for the offense. 36.23 (c) A person who fails to obey a court order under 36.24 paragraph (a) is subject to probation revocation, contempt of 36.25 court, or any other appropriate remedy. 36.26 (d) This section does not limit or restrict any other 36.27 statutory requirements or more stringent local policies 36.28 regarding the collection of identification data. 36.29 Sec. 14. [AUTOMATED VICTIM NOTIFICATION SYSTEM PLAN AND 36.30 REPORT.] 36.31 The commissioner of public safety, in consultation with the 36.32 state court administrator and local law enforcement and 36.33 correctional agencies, shall develop an equitable ongoing 36.34 funding plan to cover the automated victim notification system's 36.35 operating costs. The plan must take into account the ability of 36.36 each entity to pay these costs. By January 15, 2003, the 37.1 commissioner shall report on the plan to the chairs of the 37.2 senate and house of representatives committees or divisions 37.3 having jurisdiction over criminal justice policy and funding. 37.4 Sec. 15. [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 37.5 TO CRIME VICTIMS AND WITNESSES.] 37.6 Subdivision 1. [PROGRAM DESCRIBED.] The commissioner of 37.7 public safety, in consultation with the executive director of 37.8 the center for crime victim services, shall administer a pilot 37.9 project grant program and make grants to nonprofit organizations 37.10 to provide neighborhood-based services to victims and witnesses 37.11 of crime during the period between the occurrence of the crime 37.12 and the filing of charges against the alleged perpetrator. 37.13 Grant recipients must target victims and witnesses of crime from 37.14 groups that currently underreport crime, including recent 37.15 immigrants or refugees, communities of color, and victims of 37.16 bias-motivated crime. Services must be provided in locations 37.17 and at times typically convenient to prospective clients. The 37.18 types of services that may be offered by grant recipients are 37.19 those that attempt to address the lack of trust and 37.20 understanding that prospective clients have of the criminal 37.21 justice system and include legal advice and advocacy services. 37.22 The executive director shall ensure that grants under this 37.23 section fund pilot projects offering the described services in a 37.24 minimum of five locations, at least three of which must be ones 37.25 where these types of services are not currently offered. 37.26 Subd. 2. [REQUIRED REPORT.] By January 15, 2004, the 37.27 executive director shall report to the chairs and ranking 37.28 minority members of the senate and house of representatives 37.29 committees and divisions having jurisdiction over criminal 37.30 justice funding on the grants made and pilot projects funded 37.31 under this section. 37.32 ARTICLE 3 37.33 OTHER AGENCY APPROPRIATIONS 37.34 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 37.35 The sums shown in the columns marked "APPROPRIATIONS" are 37.36 appropriated from the general fund, or another named fund, to 38.1 the agencies and for the purposes specified in this article, to 38.2 be available for the fiscal years indicated for each purpose. 38.3 The figures "2002" and "2003," where used in this article, mean 38.4 that the appropriations listed under them are available for the 38.5 year ending June 30, 2002, or June 30, 2003, respectively. The 38.6 term "first year" means the fiscal year ending June 30, 2002, 38.7 and "second year" means the fiscal year ending June 30, 2003. 38.8 SUMMARY BY FUND 38.9 2002 2003 TOTAL 38.10 General $ 71,529,000 $ 68,085,000 $139,614,000 38.11 Petroleum Tank 38.12 Cleanup 1,064,000 1,084,000 2,146,000 38.13 Workers' 38.14 Compensation 23,216,000 23,765,000 46,981,000 38.15 Workforce 38.16 Development Fund 793,000 808,000 1,601,000 38.17 TOTAL $ 96,602,000 $ 93,742,000 $190,344,000 38.18 APPROPRIATIONS 38.19 Available for the Year 38.20 Ending June 30 38.21 2002 2003 38.22 Sec. 2. COMMERCE 38.23 Subdivision 1. Total 38.24 Appropriation 26,897,000 27,557,000 38.25 Summary by Fund 38.26 General 25,234,000 25,858,000 38.27 Petroleum Tank 38.28 Cleanup 1,064,000 1,084,000 38.29 Workers' 38.30 Compensation 599,000 615,000 38.31 The amounts that may be spent from this 38.32 appropriation for each program are 38.33 specified in the following subdivisions. 38.34 Subd. 2. Financial Examinations 38.35 6,379,000 6,555,000 38.36 Subd. 3. Enforcement and Compliance 38.37 5,526,000 5,670,000 38.38 Summary by Fund 38.39 General 4,927,000 5,055,000 38.40 Workers' 38.41 Compensation 599,000 615,000 38.42 Of this amount, $138,000 the first year 39.1 and $161,000 the second year from the 39.2 general fund are for the cost of 39.3 implementing the Minnesota Money 39.4 Transmitters Act, if enacted. This 39.5 appropriation is available only if S.F. 39.6 No. 1485 or similar legislation is 39.7 enacted. 39.8 Subd. 4. Energy 39.9 3,809,000 3,884,000 39.10 $588,000 each year is for transfer to 39.11 the energy and conservation account 39.12 established in Minnesota Statutes, 39.13 section 216B.241, subdivision 2a, for 39.14 programs administered by the 39.15 commissioner of children, families, and 39.16 learning to improve the energy 39.17 efficiency of residential oil-fired 39.18 heating plants in low-income households 39.19 and, when necessary, to provide 39.20 weatherization services to the homes. 39.21 Subd. 5. Petroleum Tank Release 39.22 Cleanup 39.23 1,064,000 1,084,000 39.24 This appropriation is from the 39.25 petroleum tank release cleanup fund. 39.26 Subd. 6. Administrative Services 39.27 5,852,000 6,003,000 39.28 Subd. 7. Telecommunications 39.29 986,000 1,008,000 39.30 Subd. 8. Weights and Measures 39.31 3,281,000 3,353,000 39.32 Sec. 3. BOARD OF ACCOUNTANCY 683,000 721,000 39.33 Sec. 4. BOARD OF ARCHITECTURE, 39.34 ENGINEERING, LAND SURVEYING, 39.35 LANDSCAPE ARCHITECTURE, AND 39.36 INTERIOR DESIGN 951,000 981,000 39.38 Sec. 5. BOARD OF BARBER 39.39 EXAMINERS 153,000 159,000 39.40 Sec. 6. LABOR AND INDUSTRY 39.41 Subdivision 1. Total 39.42 Appropriation 25,408,000 26,001,000 39.43 Summary by Fund 39.44 General 3,567,000 3,661,000 39.45 Workers' 39.46 Compensation 21,048,000 21,532,000 39.47 Workforce 39.48 Development Fund 793,000 808,000 39.49 The amounts that may be spent from this 40.1 appropriation for each program are 40.2 specified in the following subdivisions. 40.3 Subd. 2. Workers' Compensation 40.4 10,912,000 11,178,000 40.5 This appropriation is from the workers' 40.6 compensation fund. 40.7 $125,000 the first year and $125,000 40.8 the second year are for grants to the 40.9 Vinland Center for rehabilitation 40.10 service. 40.11 Subd. 3. Workplace Services 40.12 7,468,000 7,643,000 40.13 Summary by Fund 40.14 General 2,493,000 2,555,000 40.15 Workers' 40.16 Compensation 4,182,000 4,280,000 40.17 Workforce 40.18 Development Fund 793,000 808,000 40.19 $204,000 the first year and $204,000 40.20 the second year are for labor education 40.21 and advancement program grants. The 40.22 commissioner must report to the 40.23 legislature by February 15, 2003, on 40.24 the success of the program in placing 40.25 and retaining participants. This 40.26 appropriation is from the workforce 40.27 development fund. 40.28 Subd. 4. General Support 40.29 7,028,000 7,180,000 40.30 Summary by Fund 40.31 General 1,074,000 1,106,000 40.32 Workers' 40.33 Compensation 5,954,000 6,074,000 40.34 Sec. 7. BUREAU OF MEDIATION SERVICES 40.35 Subdivision 1. Total 40.36 Appropriation 2,259,000 2,307,000 40.37 The amounts that may be spent from this 40.38 appropriation for each program are 40.39 specified in the following subdivisions. 40.40 Subd. 2. Mediation Services 40.41 1,957,000 2,005,000 40.42 Subd. 3. Labor Management Cooperation Grants 40.43 302,000 302,000 40.44 $302,000 each year is for grants to 40.45 area labor-management committees. Any 40.46 unencumbered balance remaining at the 40.47 end of the first year does not cancel 41.1 but is available for the second year. 41.2 Sec. 8. PUBLIC UTILITIES 41.3 COMMISSION 3,994,000 4,163,000 41.4 Sec. 9. MINNESOTA HISTORICAL 41.5 SOCIETY 41.6 Subdivision 1. Total 41.7 Appropriation 27,229,000 27,959,000 41.8 The amounts that may be spent from this 41.9 appropriation for each program are 41.10 specified in the following subdivisions. 41.11 Subd. 2. Education and 41.12 Outreach 15,135,000 15,762,000 41.13 $200,000 the first year and $300,000 41.14 the second year are for operating 41.15 expenses at the Northwest Fur Company 41.16 Post. 41.17 $300,000 the first year and $500,000 41.18 the second year are for operating 41.19 expenses at the Mill City Museum, St. 41.20 Anthony Falls. 41.21 Subd. 3. Preservation and Access 41.22 11,568,000 11,819,000 41.23 Subd. 4. Fiscal Agent 41.24 General 526,000 378,000 41.25 (a) Sibley House Association 41.26 88,000 88,000 41.27 This appropriation is available for 41.28 operation and maintenance of the Sibley 41.29 House and related buildings on the Old 41.30 Mendota state historic site operated by 41.31 the Sibley House Association. 41.32 (b) Minnesota International Center 41.33 50,000 50,000 41.34 (c) Minnesota Air National 41.35 Guard Museum 41.36 19,000 -0- 41.37 (d) Institute for Learning and 41.38 Teaching - Project 120 41.39 110,000 110,000 41.40 (e) Minnesota Military Museum 41.41 59,000 30,000 41.42 (f) Farmamerica 41.43 100,000 100,000 41.44 Notwithstanding any other law, this 41.45 appropriation may be used for 41.46 operations. 42.1 (g) Little Elk Heritage Preserve 42.2 100,000 -0- 42.3 This appropriation is to assist the 42.4 Institute for Minnesota Archaeology in 42.5 site research and preservation, 42.6 economic and infrastructure 42.7 development, public outreach, and 42.8 education programming. The 42.9 appropriated funds may be matched by 42.10 nonstate sources. 42.11 (h) Balances Forward 42.12 Any unencumbered balance remaining in 42.13 this subdivision the first year does 42.14 not cancel but is available for the 42.15 second year of the biennium. 42.16 Sec. 10. COUNCIL ON BLACK 42.17 MINNESOTANS 339,000 349,000 42.18 $25,000 each year is for expenses 42.19 associated with the Dr. Martin Luther 42.20 King day activities. 42.21 Sec. 11. COUNCIL ON 42.22 CHICANO-LATINO AFFAIRS 334,000 344,000 42.23 Sec. 12. COUNCIL ON 42.24 ASIAN-PACIFIC MINNESOTANS 295,000 304,000 42.25 Sec. 13. INDIAN AFFAIRS 42.26 COUNCIL 584,000 602,000 42.27 Sec. 14. WORKERS' COMPENSATION 42.28 COURT OF APPEALS 1,569,000 1,618,000 42.29 This appropriation is from the workers' 42.30 compensation fund. 42.31 Sec. 15. AMATEUR SPORTS 42.32 COMMISSION 5,907,000 677,000 42.33 Of this appropriation, $2,750,000 the 42.34 first year is for matching grants for 42.35 soccer field development under 42.36 Minnesota Statutes, section 240A.13. 42.37 Of this appropriation, $2,500,000 the 42.38 first year is for matching grants for 42.39 ice arena development under Minnesota 42.40 Statutes, section 240A.13. 42.41 Sec. 16. Minnesota Statutes 2000, section 184.29, is 42.42 amended to read: 42.43 184.29 [FEES.] 42.44 Before a license is granted to an applicant, the applicant 42.45 shall pay the following fee: 42.46 (a) An employment agent shall pay an annual license fee of 42.47 $250 for each license. 42.48 (b)A search firm exempt under section 184.22, subdivision43.12, shall pay an annual registration fee of $250, accompanying43.2the annual statement to the commissioner.43.3(c)An applicant for a counselor's license shall pay a 43.4 license fee of $20 and a renewal fee of $10. 43.5(d)(c) An applicant for an employment agency manager's 43.6 license shall pay a license fee of $20 and a renewal fee of $10. 43.7 Sec. 17. Minnesota Statutes 2000, section 184.30, 43.8 subdivision 1, is amended to read: 43.9 Subdivision 1. Every application for an employment 43.10 agency's license, and every annual report required to be filed43.11under section 184.22, subdivision 2,must be accompanied by a 43.12 surety bond approved by the department in the amount of $10,000 43.13 for each location; except, that for a search firm, the bond is43.14required only for the first five years of registration. For a43.15search firm that was previously licensed as an employment43.16agency, the bond is required only until the firm has met the43.17bond requirement as an agency or as a search firm for a total of43.18at least five years. The bond must be filed in the office of 43.19 the secretary of state and conditioned that the employment 43.20 agency and each member, shareholder, director, or officer of a 43.21 firm, partnership, corporation, or association operating as an 43.22 employment agency will comply with the provisions of sections 43.23 184.21 to 184.40 and any contract made by the employment agent 43.24 in the conduct of the business. A person damaged by a breach of 43.25 any condition of the bond may bring an action on the bond, and 43.26 successive actions may be maintained on it. 43.27 Sec. 18. Minnesota Statutes 2000, section 184.38, 43.28 subdivision 6, is amended to read: 43.29 Subd. 6. (a) No employment agentor search firmshall send 43.30 out any applicant for employment without having obtained a job 43.31 order, and if no employment of the kind applied for existed at 43.32 the place to which the applicant was directed, the employment 43.33 agentor search firmshall refund to the applicant, within 48 43.34 hours of demand, any sums paid by the applicant for 43.35 transportation in going to and returning from the place. 43.36 (b) Nothing in this chapter shall be construed to prevent 44.1 an employment agentor search firmfrom directing an applicant 44.2 to an employer where the employer has previously requested 44.3 interviews with applicants of certain types and qualifications, 44.4 even though no actual vacancy existed in the employer's 44.5 organization at the time the applicant was so directed; nor 44.6 shall it prevent the employment agentor search firmfrom 44.7 attempting to sell the services of an applicant to the employer 44.8 even though no order has been placed with the employment agent 44.9or search firm; provided, that prior to scheduling an interview 44.10 with an employer, when no opening currently exists with that 44.11 employer, the applicant is clearly informed that no opening 44.12 exists at that time. 44.13 Sec. 19. Minnesota Statutes 2000, section 184.38, 44.14 subdivision 8, is amended to read: 44.15 Subd. 8. No employment agentor search firmshall 44.16 knowingly cause to be printed or published a false or fraudulent 44.17 notice or advertisement for help or for obtaining work or 44.18 employment. For purposes of this subdivision the phrase "false 44.19 or fraudulent notice or advertisement" shall include the 44.20 following: 44.21 (a) The advertisement of any job for which there is no bona 44.22 fide oral or written job order and completed job order form in 44.23 existence at the time the advertisement is placed; 44.24 (b) The inclusion in any advertisement of any information 44.25 concerning the identity, availability, features, or requirements 44.26 of any advertised job when such information is not substantiated 44.27 by, and included in, the supporting job order form; 44.28 (c) The advertisement of any job opening of the type 44.29 described in subdivision 6, clause (b); 44.30 (d) The advertisement of any job without the inclusion in 44.31 the advertisement of the "job order number" required in 44.32 subdivision 18; 44.33 (e) If an applicant appears at any agencyor search firmin 44.34 response to the advertisement of a particular job, the failure 44.35 to attempt placement of the applicant in the advertised job; 44.36 provided however, that the agencyor search firmmay refuse to 45.1 attempt such placement if the reason(s) for the refusal are 45.2 clearly and truthfully disclosed to the applicant either orally 45.3 or in writing. 45.4 Sec. 20. Minnesota Statutes 2000, section 184.38, 45.5 subdivision 9, is amended to read: 45.6 Subd. 9. No employment agentor search firmshall place or 45.7 assist in placing any person in unlawful employment. 45.8 Sec. 21. Minnesota Statutes 2000, section 184.38, 45.9 subdivision 10, is amended to read: 45.10 Subd. 10. No employment agentor search firmshall fail to 45.11 state in any advertisement, proposal, or contract for 45.12 employment, that there is a strike or lockout at the place of 45.13 proposed employment, if the agentor firmhas knowledge that 45.14 such condition exists. 45.15 Sec. 22. Minnesota Statutes 2000, section 184.38, 45.16 subdivision 11, is amended to read: 45.17 Subd. 11. No employment agency or its employee may split, 45.18 divide, or share, directly or indirectly, any fee, charge, or 45.19 compensation received from any employer or applicant with any 45.20 employer, or person in any way connected with the employer's 45.21 business.No search firm or its employee may split, divide, or45.22share, directly or indirectly, any fee, charge, or compensation45.23received from any employer with any person connected in any way45.24with the employer's business.A violation of this subdivision 45.25 shall be punished by a fine of not less than $100, and not more 45.26 than $3,000, or on failure to pay the fine by imprisonment for a 45.27 period not to exceed one year, or both, at the discretion of the 45.28 court. 45.29 Sec. 23. Minnesota Statutes 2000, section 184.38, 45.30 subdivision 17, is amended to read: 45.31 Subd. 17. Except for applicant information given in the 45.32 course of normal agencyor firmoperations, no employment agent 45.33or search firmshall voluntarily sell, give, or otherwise 45.34 transfer any files, records, or other information relating to 45.35 its employment agencyor search firmapplicants and employers to 45.36 any person other than a licensed employment agentor registered46.1search firmor a person who agrees to obtain an employment 46.2 agency licenseor register as a search firm. Every employment 46.3 agentor search firmwho ceases to engage in the business of or 46.4 act as an employment agentor search firmshall notify the 46.5 department of such fact within 30 days thereof, and shall advise 46.6 the department as to the disposition of all files and other 46.7 records relating to its employment agencyor search firm46.8 business. 46.9 Sec. 24. Minnesota Statutes 2000, section 184.38, 46.10 subdivision 18, is amended to read: 46.11 Subd. 18. Every job order communicated to an agencyor46.12search firmshall be recorded by the agencyor search firmon a 46.13 job order form which form shall contain specific information as 46.14 prescribed by the department. A job order form shall be filled 46.15 out for each job order prior to any attempt to advertise the job 46.16 opening or to place persons in said job. Such forms shall each 46.17 be assigned a separate number and shall be maintained by the 46.18 agencyor search firmfor a period of one year. 46.19 Sec. 25. Minnesota Statutes 2000, section 184.38, 46.20 subdivision 20, is amended to read: 46.21 Subd. 20. No employment agentor search firmshall 46.22 knowingly misrepresent to any employer the educational 46.23 background, skills, or qualifications of any job candidate; or 46.24 knowingly misrepresent to a job candidate the responsibilities, 46.25 salary, or other features of any position of employment. 46.26 Sec. 26. Minnesota Statutes 2000, section 184.41, is 46.27 amended to read: 46.28 184.41 [VIOLATIONS.] 46.29 Any person who engages in the business of or acts as an 46.30 employment agent or counselor without first procuring a license 46.31 as required by section 184.22, and any employment agent, 46.32 manager, or counselor who violates the provisions of this 46.33 chapter, and any exempt firm which violates any of the46.34applicable provisions of this chapter,is guilty of a 46.35 misdemeanor. 46.36 In addition to the penalties for commission of a 47.1 misdemeanor, the department may bring an action for an 47.2 injunction against any person who engages in the business of or 47.3 acts as an employment agent or counselor without first procuring 47.4 the license required under section 184.22,or who engages in the47.5business of or acts as a search firm without first filing the47.6registration required under section 184.22, subdivision 3,and 47.7 against any employment agent, manager, or counselor, or search47.8firmwho violates the applicable provisions of this chapter. If 47.9 an agency, manager, or counselor, or search firmis found guilty 47.10 of a misdemeanor in any action relevant to the operation of an 47.11 agency,or search firmthe department may suspend or revoke the 47.12 licenseor registrationof the agency, manager, or counselor, or47.13search firm. 47.14 Sec. 27. Minnesota Statutes 2000, section 216C.41, is 47.15 amended to read: 47.16 216C.41 [RENEWABLE ENERGY PRODUCTION INCENTIVE.] 47.17 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 47.18 subdivision apply to this section. 47.19 (b) "Qualified hydroelectric facility" means a 47.20 hydroelectric generating facility in this state that: 47.21 (1) is located at the site of a dam, if the dam was in 47.22 existence as of March 31, 1994; and 47.23 (2) begins generating electricity after July 1, 1994. 47.24 (c) "Qualified wind energy conversion facility" means a 47.25 wind energy conversion system that: 47.26 (1) produces two megawatts or less of electricity as 47.27 measured by nameplate rating and begins generating electricity 47.28 after June 30, 1997, and before July 1, 1999; 47.29 (2) begins generating electricity after June 30, 1999, 47.30 produces two megawatts or less of electricity as measured by 47.31 nameplate rating, and is: 47.32 (i) located within one county and owned by a natural person 47.33 who owns the land where the facility is sited; 47.34 (ii) owned by a Minnesota small business as defined in 47.35 section 645.445; 47.36 (iii) owned by a nonprofit organization; or 48.1 (iv) owned by a tribal council if the facility is located 48.2 within the boundaries of the reservation; or 48.3 (3) begins generating electricity after June 30, 1999, 48.4 produces seven megawatts or less of electricity as measured by 48.5 nameplate rating, and: 48.6 (i) is owned by a cooperative organized under chapter 308A; 48.7 and 48.8 (ii) all shares and membership in the cooperative are held 48.9 by natural persons or estates, at least 51 percent of whom 48.10 reside in a county or contiguous to a county where the wind 48.11 energy production facilities of the cooperative are located. 48.12 (d) "Qualified on-farm biogas recovery facility" means an 48.13 anaerobic digester system that: 48.14 (1) is located at the site of an agricultural operation; 48.15 (2) is owned by a natural person who, or an entity that, is 48.16 qualified to own or operate a farm under section 500.24, that 48.17 owns or rents the land where the facility is located; and 48.18 (3) begins generating electricity after July 1, 2001. 48.19 (e) "Anaerobic digester system" means a system of 48.20 components that processes animal waste based on the absence of 48.21 oxygen and produces gas used to generate electricity. 48.22 Subd. 2. [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 48.23 paymentsshallmust be made according to this section to (1) the 48.24 owner of a qualified on-farm biogas recovery facility, (2) the 48.25 owner or operator of a qualified hydropower facility or 48.26 qualified wind energy conversion facility for electric energy 48.27 generated and sold by the facility, or, for(3) a publicly owned 48.28 hydropower facility,for electric energy that is generated by 48.29 the facility and used by the owner of the facility outside the 48.30 facility. 48.31 (b) Payment may only be made upon receipt by the 48.32 commissioner of finance of an incentive payment application that 48.33 establishes that the applicant is eligible to receive an 48.34 incentive payment and that satisfies other requirements the 48.35 commissioner deems necessary. The applicationshallmust be in 48.36 a form and submitted at a time the commissioner establishes. 49.1 (c) There is annually appropriated from the general fund 49.2 sums sufficient to make the payments required under this section. 49.3 Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under 49.4 this section only for electricity generated: 49.5 (1) from a qualified hydroelectric facility that is 49.6 operational and generating electricity before December 31, 2001; 49.7or49.8 (2) from a qualified wind energy conversion facility that 49.9 is operational and generating electricity before January 1, 49.10 2005; or 49.11 (3) from a qualified on-farm biogas recovery facility from 49.12 July 1, 2001, through December 31, 2015. 49.13 Subd. 4. [PAYMENT PERIOD.] A facility may receive payments 49.14 under this section for a ten-year period. No payment under this 49.15 section may be made for electricity generated: 49.16 (1) by a qualified hydroelectric facility after December 49.17 31, 2010;or49.18 (2) by a qualified wind energy conversion facility after 49.19 December 31, 2015; or 49.20 (3) by a qualified on-farm biogas recovery facility after 49.21 December 31, 2015. 49.22 The payment period begins and runs consecutively from the 49.23 first year in which electricity generated from the facility is 49.24 eligible for incentive payment. 49.25 Subd. 5. [AMOUNT OF PAYMENT.] An incentive payment is 49.26 based on the number of kilowatt hours of electricity generated. 49.27 The amount of the payment is 1.5 cents per kilowatt hour. For 49.28 electricity generated by qualified wind energy conversion 49.29 facilities, the incentive payment under this section is limited 49.30 to no more than 100 megawatts of nameplate capacity. During any 49.31 period in which qualifying claims for incentive payments exceed 49.32 100 megawatts of nameplate capacity, the payments must be made 49.33 to producers in the order in which the production capacity was 49.34 brought into production. 49.35 Sec. 28. [240A.13] [MIGHTY DUCKS ICE ARENA AND SOCCER 49.36 FIELD DEVELOPMENT.] 50.1 Subdivision 1. [GRANTS.] The commission may make matching 50.2 grants to political subdivisions of the state to develop new ice 50.3 arenas and soccer fields for amateur athletics. In awarding 50.4 grants, the commission shall give priority to proposals from 50.5 multiple applicants. To the extent possible, over time, the 50.6 commission shall disburse grants equally among the state's 50.7 congressional districts. 50.8 Subd. 2. [MATCHING CRITERIA.] Each grant for ice arena or 50.9 soccer field development under this section must be matched by 50.10 recipient communities or institutions in accordance with this 50.11 subdivision. A matching contribution may include an in-kind 50.12 contribution of land; access roadways and access roadway 50.13 improvements; and necessary utility services, landscaping, and 50.14 parking. The first $20,000 of a grant must be matched equally 50.15 by the recipient. The portion of a grant that is more than 50.16 $20,000 but not more than $75,000 must be matched by the 50.17 recipient at a rate double the amount of that portion of the 50.18 grant. The portion of a grant that is more than $75,000 must be 50.19 matched by the recipient at a rate of three times the amount of 50.20 that portion of the grant. 50.21 Sec. 29. [EQUAL PAY COMMISSION.] 50.22 (a) Within 90 days after the effective date of this 50.23 section, the commissioner of labor and industry shall appoint a 50.24 commission of 11 members, to be known as the "equal pay 50.25 commission." Membership on the commission shall be as follows: 50.26 (1) two representatives of business in the state, who are 50.27 appointed from among individuals nominated by business 50.28 organizations and business trade associations; 50.29 (2) two representatives of labor organizations, who have 50.30 been nominated by state labor federations. For purposes of this 50.31 clause, a state labor federation is an organization that: (i) 50.32 is chartered by a federation of national or international 50.33 unions; (ii) admits to membership local unions; and (iii) exists 50.34 primarily to carry on educational, legislative, and coordinating 50.35 activities; 50.36 (3) two representatives of organizations whose objectives 51.1 include the elimination of pay disparities between men and women 51.2 or minorities and nonminorities, and who have undertaken 51.3 advocacy, educational, or legislative initiatives in pursuit of 51.4 that objective; 51.5 (4) three individuals drawn from higher education or 51.6 research institutions who have experience and expertise in the 51.7 collection and analysis of data concerning such pay disparities 51.8 and whose research has already been used in efforts to promote 51.9 the elimination of those disparities; and 51.10 (5) two members who are members of a racial or ethnic 51.11 minority, one of whom shall be an immigrant to this country who 51.12 immigrated to this country within three years prior to the 51.13 appointment. 51.14 (b) The commission shall make a full and complete study of: 51.15 (1) the extent of wage disparities, both in the public and 51.16 private sector, between men and women, and between minorities 51.17 and nonminorities; 51.18 (2) those factors that cause, or tend to cause, such 51.19 disparities, including segregation between women and men, and 51.20 between minorities and nonminorities across and within 51.21 occupations; payment of lower wages for work in female-dominated 51.22 occupations; child-rearing responsibilities; and education and 51.23 training; 51.24 (3) the consequences of such disparities on the economy and 51.25 families affected; and 51.26 (4) actions, including proposed legislation, that are 51.27 likely to lead to the elimination and prevention of such 51.28 disparities. 51.29 (c) The commission shall, no later than 12 months after its 51.30 members are appointed, make its report to the commissioner of 51.31 labor and industry, who shall transmit the report to the 51.32 governor. 51.33 (d) The commission's report shall include the results of 51.34 its study as well as recommendations, legislative and otherwise, 51.35 for the elimination and prevention of disparities in wages 51.36 between men and women, and between minorities and nonminorities. 52.1 (e) Compensation and removal of members shall be governed 52.2 by Minnesota Statutes, section 15.059. 52.3 Sec. 30. [REPEALER.] 52.4 Minnesota Statutes 2000, sections 184.22, subdivisions 2, 52.5 3, 4, and 5; and 184.37, subdivision 2, are repealed. 52.6 ARTICLE 4 52.7 TRANSPORTATION POLICY 52.8 Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.] 52.9 An amendment is proposed to the Minnesota Constitution, 52.10 article XIV. If the amendment is adopted, article XIV will be 52.11 amended by adding a section to read: 52.12 Sec. 12. Of the net proceeds from any tax imposed by the 52.13 state on the sale of new and used motor vehicles, not less than 52.14 32 percent must be deposited in the highway user tax 52.15 distribution fund exclusively for highway purposes, and not less 52.16 than 18 percent must be deposited in a fund for operating 52.17 assistance to public transit systems in the state. 52.18 Sec. 2. [SUBMISSION TO VOTERS.] 52.19 The constitutional amendment proposed in section 1 must be 52.20 submitted to the people at the 2002 general election. The 52.21 question submitted must be: 52.22 "Shall the Minnesota Constitution be amended to require 52.23 that at least 32 percent of the net proceeds from the state tax 52.24 on the sale of new and used motor vehicles must be deposited in 52.25 the highway user tax distribution fund exclusively for highway 52.26 purposes, and at least 18 percent be deposited in a fund for 52.27 operating assistance to public transit systems in the state? 52.28 Yes ....... 52.29 No ........" 52.30 Sec. 3. Minnesota Statutes 2000, section 16A.641, 52.31 subdivision 8, is amended to read: 52.32 Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 52.33 bonds issued under each law are appropriated for the purposes 52.34 described in the law and in this subdivision. This 52.35 appropriation may never be canceled. 52.36 (b) Before the proceeds are received in the proper special 53.1 fund, the commissioner may transfer to that fund from the 53.2 general fund amounts not exceeding the expected proceeds from 53.3 the next bond sale. The commissioner shall return these amounts 53.4 to the general fund by transferring proceeds when received. The 53.5 amounts of these transfers are appropriated from the general 53.6 fund and from the bond proceeds. 53.7 (c) Actual and necessary travel and subsistence expenses of 53.8 employees and all other nonsalary expenses incidental to the 53.9 sale, printing, execution, and delivery of bonds must be paid 53.10 from the proceeds. The proceeds are appropriated for this 53.11 purpose. Bond proceeds must not be used to pay any part of the 53.12 salary of a state employee involved in the sale, printing, 53.13 execution, or delivery of the bonds. 53.14 (d) Bond proceeds remaining in a special fund after the 53.15 purposes for which the bonds were issued are accomplished or 53.16 abandoned, as certified by the head of the agency administering 53.17 the special fund, or as determined by the commissioner, unless 53.18 devoted under the appropriation act to another purpose 53.19 designated in the act, shall be transferred to the state bond 53.20 fund. 53.21 (e) Before the proceeds of state highway bonds are received 53.22 in the trunk highway fund, the commissioner may either: 53.23 (1) transfer funds to the trunk highway fund from the 53.24 general fund; or 53.25 (2) authorize the use of funds in the trunk highway fund, 53.26 in an amount not exceeding the expected proceeds from the next 53.27 state highway bond sale. 53.28 These funds shall be used in accordance with the legislative 53.29 authorization to sell state highway bonds. The commissioner 53.30 shall return these funds to the general fund or replace the 53.31 funds used from the trunk highway fund by transferring proceeds 53.32 when received. The amounts of these transfers are appropriated 53.33 from the general fund and from the state highway bond proceeds. 53.34 Sec. 4. Minnesota Statutes 2000, section 16C.05, 53.35 subdivision 2, is amended to read: 53.36 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A 54.1 contract is not valid and the state is not bound by it unless: 54.2 (1) it has first been executed by the head of the agency or 54.3 a delegate who is a party to the contract; 54.4 (2) it has been approved by the commissioner; 54.5 (3) it has been approved by the attorney general or a 54.6 delegate as to form and execution; 54.7 (4) the accounting system shows an obligation in an expense 54.8 budget or encumbrance for the amount of the contract liability; 54.9 and 54.10 (5) the combined contract and amendments shall not exceed 54.11 five years without specific, written approval by the 54.12 commissioner according to established policy, procedures, and 54.13 standards, or unless otherwise provided for by law. The term of 54.14 the original contract must not exceed two years unless the 54.15 commissioner determines that a longer duration is in the best 54.16 interest of the state. 54.17 (b) Grants, interagency agreements, purchase orders, and 54.18 annual plans need not, in the discretion of the commissioner and 54.19 attorney general, require the signature of the commissioner 54.20 and/or the attorney general. A signature is not required for 54.21 work orders and amendments to work orders related to department 54.22 of transportation contracts. Bond purchase agreements by the 54.23 Minnesota public facilities authority do not require the 54.24 approval of the commissioner. 54.25 (c) A fully executed copy of every contract must be kept on 54.26 file at the contracting agency. 54.27 Sec. 5. Minnesota Statutes 2000, section 16C.06, 54.28 subdivision 1, is amended to read: 54.29 Subdivision 1. [PUBLICATION REQUIREMENTS.] Notices of 54.30 solicitations for acquisitions estimated to be more than 54.31 $25,000, or $100,000 in the case of a department of 54.32 transportation acquisition, must be publicized in a manner 54.33 designated by the commissioner. 54.34 Sec. 6. Minnesota Statutes 2000, section 16C.06, 54.35 subdivision 2, is amended to read: 54.36 Subd. 2. [SOLICITATION PROCESS.] (a) A formal solicitation 55.1 must be used to acquire all goods, service contracts, and 55.2 utilities estimated at or more than $25,000, or in the case of a 55.3 department of transportation solicitation, at or more than 55.4 $100,000, unless otherwise provided for. All formal responses 55.5 must be sealed when they are received and must be opened in 55.6 public at the hour stated in the solicitation. Formal responses 55.7 must be authenticated by the responder in a manner specified by 55.8 the commissioner. 55.9 (b) An informal solicitation may be used to acquire all 55.10 goods, service contracts, and utilities that are estimated at 55.11 less than $25,000, or in the case of a department of 55.12 transportation solicitation, at or less than $100,000. The 55.13 number of vendors required to receive solicitations may be 55.14 determined by the commissioner. Informal responses must be 55.15 authenticated by the responder in a manner specified by the 55.16 commissioner. 55.17 Sec. 7. Minnesota Statutes 2000, section 16C.08, 55.18 subdivision 2, is amended to read: 55.19 Subd. 2. [DUTIES OF CONTRACTING AGENCY.] Before an agency 55.20 may seek approval of a professional or technical services 55.21 contract valued in excess of $5,000, or $50,000 in the case of a 55.22 department of transportation professional or technical services 55.23 contract, it must certify to the commissioner that: 55.24 (1) no current state employee is able and available to 55.25 perform the services called for by the contract; 55.26 (2) the normal competitive bidding mechanisms will not 55.27 provide for adequate performance of the services; 55.28 (3) the contractor has certified that the product of the 55.29 services will be original in character; 55.30 (4) reasonable efforts were made to publicize the 55.31 availability of the contract to the public; 55.32 (5) the agency has received, reviewed, and accepted a 55.33 detailed work plan from the contractor for performance under the 55.34 contract, if applicable; 55.35 (6) the agency has developed, and fully intends to 55.36 implement, a written plan providing for the assignment of 56.1 specific agency personnel to a monitoring and liaison function, 56.2 the periodic review of interim reports or other indications of 56.3 past performance, and the ultimate utilization of the final 56.4 product of the services; and 56.5 (7) the agency will not allow the contractor to begin work 56.6 before funds are fully encumbered. 56.7 Sec. 8. Minnesota Statutes 2000, section 138.664, is 56.8 amended by adding a subdivision to read: 56.9 Subd. 116. Little Elk Heritage Preserve, Morrison county. 56.10 Sec. 9. Minnesota Statutes 2000, section 161.082, 56.11 subdivision 2a, is amended to read: 56.12 Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 56.13 (a) Money in the town bridge account must be expended on town 56.14 road bridge structures that are ten feet or more in length and 56.15 on town road culverts that replace existing town road bridges. 56.16 In addition, if the present bridge structure is less than ten 56.17 feet in length but a hydrological survey indicates that the 56.18 replacement bridge structure or culvert must be ten feet or more 56.19 in length, then the bridge or culvert is eligible for 56.20 replacement funds. 56.21 (b) In addition, if a culvert that replaces a deficient 56.22 bridge is in a county comprehensive water plan approved by the 56.23 board of water and soil resources and the department of natural 56.24 resources, the costs of the culvert and roadway grading other 56.25 than surfacing are eligible for replacement funds up to the cost 56.26 of constructing a replacement bridge. 56.27 (c) The expenditures on a bridge structure or culvert may 56.28 be paid from the county turnback account and may be for 100 56.29 percent of the cost of the replacement structure or culvert or 56.30 for 100 percent of the cost of rehabilitating the existing 56.31 structure. 56.32 (d) The town bridge account may be used to pay the costs to 56.33 abandon an existing bridge that is deficient and in need of 56.34 replacement, but where no replacement will be made. It may also 56.35 be used to pay the costs to construct a road or street to 56.36 facilitate the abandonment of an existing bridge determined by 57.1 the commissioner to be deficient, if the commissioner determines 57.2 that construction of the road or street is more cost efficient 57.3 than replacing the existing bridge. 57.4 (e) When bridge approach construction work exceeds $10,000 57.5 in costs, or when the county engineer determines that the cost 57.6 of the replacement culverts alone will not exceed $20,000, or 57.7 engineering costs exceed $10,000, the town shall be eligible for 57.8 financial assistance from the town bridge account. Financial 57.9 assistance shall be requested by resolution of the county board 57.10 and shall be limited to: 57.11 (1) 100 percent of the cost of the bridge approach work 57.12 that is in excess of $10,000;or57.13 (2) 100 percent of the cost of the replacement culverts 57.14 when the cost does not exceed $20,000 and the town board agrees 57.15 to be responsible for all the other costs, which may include 57.16 costs for structural removal, installation, and permitting. The 57.17 replacement structure design and costs shall be approved and 57.18 certified by the county engineer, but need not be subsequently 57.19 approved by the department of transportation; or 57.20 (3) 100 percent of all related engineering costs that 57.21 exceed $10,000, or in the case of towns with a net tax capacity 57.22 of less than $200,000, 100 percent of the engineering costs. 57.23 (f) Money in the town road account must be distributed as 57.24 provided in section 162.081. 57.25 Sec. 10. Minnesota Statutes 2000, section 161.14, is 57.26 amended by adding a subdivision to read: 57.27 Subd. 48. [KING OF TRAILS.] (a) The following described 57.28 route, signed as trunk highway No. 75 on the effective date of 57.29 this subdivision, is designated the "King of Trails": 57.30 Constitutional Route No. 6 from its intersection with the 57.31 Minnesota-Canada border southerly to its intersection with 57.32 Legislative Route No. 175 at or near the city of Crookston, then 57.33 Legislative Route No. 175 southwesterly and southerly to its 57.34 intersection with Constitutional Route No. 6 between the cities 57.35 of Halstad and Hendrum, then Constitutional Route No. 6 57.36 southerly to its intersection with the Minnesota-Iowa border. 58.1 (b) After complying with section 161.139, the commissioner 58.2 shall adopt a suitable marking design to mark the highway and 58.3 erect appropriate signs. 58.4 Sec. 11. Minnesota Statutes 2000, section 161.23, 58.5 subdivision 3, is amended to read: 58.6 Subd. 3. [LEASING.] The commissioner may lease for the 58.7 term between the acquisition and sale thereof and for a fair 58.8 rental rate and upon such terms and conditions as the 58.9 commissioner deems proper, any excess real estate acquired under 58.10 the provisions of this section, and any real estate acquired in 58.11 fee for trunk highway purposes and not presently needed 58.12 therefor. All rents received from the leases shall be paid into 58.13 the state treasury. Seventy percent of the rents shall be 58.14 credited to the trunk highway fund. The remaining 30 percent 58.15 shall be paid to the county treasurer where the real estate is 58.16 located, and shall be distributed in the same manner as real 58.17 estate taxes. This subdivision does not apply to real estate 58.18 leased for the purpose of providing commercial and public 58.19 service advertising pursuant to franchise agreements as provided 58.20 in sections 160.276 to 160.278 or to fees collected under 58.21 section 174.70, subdivision 2. 58.22 [EFFECTIVE DATE.] This section is effective the day 58.23 following final enactment. 58.24 Sec. 12. Minnesota Statutes 2000, section 161.32, 58.25 subdivision 1, is amended to read: 58.26 Subdivision 1. [ADVERTISEMENT FOR BIDS.] The commissioner 58.27 may conduct the work or any partthereofof the work incidental 58.28 to the construction and maintenance of the trunk highways by 58.29 labor employedthereforto do the work or by contract. In cases 58.30 of construction work, the commissioner shall first advertise for 58.31 bids for contracts, and if no satisfactory bids are received, 58.32 may either reject all bids and readvertise, or do the work by 58.33 labor employedthereforto do the work. Except ashereinafter58.34 provided in subdivision 3 or 4, when work is to be done under 58.35 contract, the commissioner shall advertise for bids once each 58.36 week for three successive weeks prior to the datesuchthe bids 59.1 are to be received. The advertisement for bidsshallmust be 59.2 published in a newspaper or other periodical of general 59.3 circulation in the state and may be placed on the Internet. The 59.4 plans and specifications for the proposed workshallmust be on 59.5 file in the commissioner's office prior to the first call for 59.6 bids. 59.7 Sec. 13. Minnesota Statutes 2000, section 161.32, 59.8 subdivision 1b, is amended to read: 59.9 Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 59.10 bids electronically in a form and manner required by the 59.11 commissioner. Trunk highway construction contracts, including 59.12 design-build contracts, must be awarded to the lowest 59.13 responsible bidder, taking into consideration conformity with 59.14 the specifications, the purpose for which the contract or 59.15 purchase is intended, the status and capability of the vendor, 59.16 and other considerations imposed in the call for bids. The 59.17 commissioner may decide which is the lowest responsible bidder 59.18 for all contracts and may use the principles of life-cycle 59.19 costing,wherewhen appropriate, in determining the lowest 59.20 overall bid. Any or all bids may be rejected.In a case59.21whereWhen competitive bids are required andwhereall bids are 59.22 rejected, new bids, if solicited, must be called for as in the 59.23 first instance, unless otherwise provided by law. 59.24 Sec. 14. Minnesota Statutes 2000, section 161.32, 59.25 subdivision 1e, is amended to read: 59.26 Subd. 1e. [RECORD.] A record must be kept of all bids, 59.27 including names of bidders, amounts of bids, and each successful 59.28 bid. After the contract is awarded, this record is open to 59.29 public inspection and may be posted on the Internet. 59.30 Sec. 15. [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES 59.31 CONTRACTS.] 59.32 Subdivision 1. [SCOPE; AUTHORITY GENERALLY.] (a) 59.33 Notwithstanding other law to the contrary, this section applies 59.34 to professional and technical services contracts entered into by 59.35 the commissioner of transportation. 59.36 (b) The commissioner has the authority and duty to: 60.1 (1) approve state transportation project plans and 60.2 specifications; 60.3 (2) award transportation construction and maintenance 60.4 contracts; 60.5 (3) approve, select, and award professional and technical 60.6 consultant contracts for state transportation projects; and 60.7 (4) approve utility and municipal agreements affecting 60.8 state transportation projects. 60.9 Subd. 2. [DEFINITION OF PROFESSIONAL OR TECHNICAL 60.10 SERVICES.] For purposes of this section, "professional or 60.11 technical services" means services that are intellectual in 60.12 character, including consultative, analytical, evaluative, 60.13 predictive, planning, programming, or recommendatory, and that 60.14 result in the production of a report or the completion of a 60.15 task. Professional or technical contracts do not include the 60.16 provision of supplies or materials, except (1) by the approval 60.17 of the commissioner, (2) as incidental to providing supplies or 60.18 materials, or (3) as incidental to providing professional or 60.19 technical services. 60.20 Subd. 3. [DUTIES OF COMMISSIONER.] Before entering into a 60.21 professional or technical services contract with a value 60.22 exceeding $100,000, the commissioner shall certify that: 60.23 (1) no current state employee is able and available to 60.24 perform the services called for by the contract; 60.25 (2) the normal competitive bidding mechanisms do not 60.26 provide for adequate performance of the services; 60.27 (3) the contractor has certified that the product of the 60.28 services will be original in character; 60.29 (4) reasonable efforts were made to publicize the 60.30 availability of the contract to the public; 60.31 (5) the agency has received, reviewed, and accepted a 60.32 detailed work plan from the contractor for performance under the 60.33 contract, if applicable; and 60.34 (6) the commissioner has developed and will implement a 60.35 written plan providing for the assignment of specific agency 60.36 personnel to a monitoring and liaison function, the periodic 61.1 review of interim reports or other indications of past 61.2 performance, and the ultimate utilization of the final product 61.3 of the services. 61.4 Subd. 4. [CONTRACT PROCEDURES.] Before approving a 61.5 proposed contract for professional or technical services, the 61.6 commissioner shall determine, at least, that: 61.7 (1) the work to be performed under the contract is 61.8 necessary to the agency's achievement of its statutory 61.9 responsibilities and there is statutory authority to enter into 61.10 the contract; 61.11 (2) the contract does not establish an employment 61.12 relationship between the state or the agency and any persons 61.13 performing under the contract; 61.14 (3) the contractor and agents are not employees of the 61.15 state; 61.16 (4) no agency has previously performed or contracted for 61.17 the performance of tasks that would be substantially duplicated 61.18 under the proposed contract; 61.19 (5) the commissioner has specified a satisfactory method of 61.20 evaluating and using the results of the work to be performed; 61.21 and 61.22 (6) the combined contract and amendments will not exceed 61.23 five years, unless otherwise provided for by law. The term of 61.24 the original contract must not exceed two years, unless the 61.25 commissioner determines that a longer duration is in the best 61.26 interest of the state. 61.27 Subd. 5. [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A 61.28 professional or technical services contract must by its terms 61.29 permit the commissioner to unilaterally terminate the contract 61.30 prior to completion, upon payment of just compensation, if the 61.31 commissioner determines that further performance under the 61.32 contract would not serve agency purposes. 61.33 (b) The commissioner shall approve and make final payment 61.34 on all professional and technical services contracts within six 61.35 months after the contractor delivers the final documents and 61.36 invoice. Overdue payments are subject to the applicable prompt 62.1 payment provisions of section 16A.124. 62.2 Subd. 6. [REPORTS.] (a) The commissioner shall submit to 62.3 the governor, the chair of the ways and means committee of the 62.4 house of representatives, the chair of the senate state 62.5 government finance committee, and the legislative reference 62.6 library a yearly listing of all contracts for professional or 62.7 technical services executed. The report must identify the 62.8 contractor, contract amount, duration, and services to be 62.9 provided. The commissioner shall also issue yearly reports 62.10 summarizing the contract review activities of the department by 62.11 fiscal year. 62.12 (b) The fiscal year report must be submitted by September 1 62.13 of each year and must: 62.14 (1) be sorted by contractor; 62.15 (2) show the aggregate value of contracts issued to each 62.16 contractor; 62.17 (3) distinguish between contracts that are being issued for 62.18 the first time and contracts that are being extended; 62.19 (4) state the termination date of each contact; and 62.20 (5) identify services by commodity code, including topics 62.21 such as contracts for training and contracts for research. 62.22 (c) Within 30 days of final completion of a contract over 62.23 $100,000 covered by this subdivision, the commissioner must 62.24 submit a one-page report to the legislative reference library. 62.25 The report must: 62.26 (1) summarize the purpose of the contract, including why it 62.27 was necessary to enter into a contract; 62.28 (2) state the amount spent on the contract; and 62.29 (3) explain why this amount was a cost-effective way to 62.30 enable the agency to provide its services or products better or 62.31 more efficiently. 62.32 Sec. 16. [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 62.33 CORRIDOR DEVELOPMENT.] 62.34 Subdivision 1. [CORRIDOR DEVELOPMENT.] By agreement with 62.35 the commissioner, a road authority other than the commissioner 62.36 or two or more road authorities that have entered into a joint 63.1 powers agreement under section 471.59 may make advances from any 63.2 available funds to the commissioner to expedite development of 63.3 an interregional transportation corridor, including funds for 63.4 design consultants, for right-of-way purchases, for 63.5 construction, or for other related expenditures. 63.6 Subd. 2. [REPAYMENT.] Subject to the availability of state 63.7 money, the commissioner shall repay the amount advanced under 63.8 this section, up to the state's share of costs, under terms of 63.9 the agreement. The agreement may provide for payment of 63.10 interest on the amount of advanced funds. The maximum interest 63.11 rate that may be paid is the rate earned by the state on 63.12 invested treasurer's cash for the month before the date the 63.13 agreement is executed or the actual interest paid by the road 63.14 authority in borrowing for the amount advanced, whichever rate 63.15 is less. The total amount of annual repayment to road 63.16 authorities under this section and section 161.361 must never 63.17 exceed the amount stated in the department's debt management 63.18 policy or $10,000,000, whichever is less. 63.19 [EFFECTIVE DATE.] This section is effective the day 63.20 following final enactment. 63.21 Sec. 17. [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 63.22 PROCEEDS.] 63.23 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 63.24 subdivision apply to this section. 63.25 (b) "State trunk highway bond-financed property" means 63.26 property acquired, improved, or maintained in whole or in part 63.27 with the proceeds of state trunk highway bonds authorized to be 63.28 issued under the Minnesota Constitution, article XIV, section 11. 63.29 (c) "Outstanding state trunk highway bonds" means the 63.30 dollar amount of state trunk highway bonds, including any 63.31 refunding state trunk highway bonds, issued with respect to 63.32 state trunk highway bond-financed property, less the principal 63.33 amount of state trunk highway bonds paid or defeased. 63.34 Subd. 2. [LEASES.] State trunk highway bond-financed 63.35 property may only be leased for those purposes authorized by law 63.36 and must be leased in accordance with the requirements of all 64.1 other laws and duly adopted rules applicable thereto, orders, if 64.2 any, of the commissioner of finance intended to ensure the 64.3 legality and tax-exempt status of outstanding state trunk 64.4 highway bonds and with the approval of the commissioner of 64.5 finance. A lease of state trunk highway bond-financed property, 64.6 including any renewals that are solely at the option of the 64.7 lessee, must be for a term substantially less than the useful 64.8 life of the state trunk highway bond-financed property, but may 64.9 allow renewal beyond that term upon a determination by the 64.10 commissioner of transportation that the use continues to be 64.11 authorized by law and that the additional term is authorized by 64.12 law. A lease of state trunk highway bond-financed property must 64.13 be terminable by the commissioner of transportation if the other 64.14 contracting party defaults under the contract and must provide 64.15 for oversight by the commissioner of transportation. 64.16 Notwithstanding the provisions of any other law, money received 64.17 by the state under a lease of state trunk highway bond-financed 64.18 property must be paid to the commissioner of transportation, 64.19 deposited in the state trunk highway fund, and used to pay or 64.20 redeem or defease any outstanding state trunk highway bonds in 64.21 accordance with the commissioner of finance's order authorizing 64.22 their issuance. The money paid to the commissioner of 64.23 transportation is appropriated for this purpose. Money in 64.24 excess of the foregoing requirement must be applied as otherwise 64.25 required by law. 64.26 Subd. 3. [SALES.] State trunk highway bond-financed 64.27 property must not be sold unless the sale is for a purpose 64.28 authorized by law, the sale is conducted in accordance with 64.29 applicable law and duly adopted rules, the sale is made in 64.30 accordance with orders, if any, of the commissioner of finance 64.31 intended to ensure the legality and tax-exempt status of 64.32 outstanding state trunk highway bonds, and the sale is approved 64.33 by the commissioner of finance. Notwithstanding the provisions 64.34 of any other law, the net proceeds of a sale of any state trunk 64.35 highway bond-financed property must be paid to the commissioner 64.36 of transportation, deposited in the state trunk highway fund, 65.1 and used to pay or redeem or defease any outstanding trunk 65.2 highway bonds in accordance with the commissioner of finance's 65.3 order authorizing their issuance. The net proceeds of sale paid 65.4 to the commissioner of transportation are appropriated for these 65.5 purposes. Any net proceeds of sale in excess of the foregoing 65.6 requirement must be applied as otherwise required by law. When 65.7 all of the net proceeds of sale have been applied as provided in 65.8 this subdivision, the sold property is no longer considered 65.9 state trunk highway bond-financed property. 65.10 Subd. 4. [RELATION TO OTHER LAWS.] This section applies to 65.11 all state trunk highway bond-financed property unless otherwise 65.12 provided by law. 65.13 Sec. 18. Minnesota Statutes 2000, section 167.51, 65.14 subdivision 2, is amended to read: 65.15 Subd. 2. [TRANSFERS.] All money transferred from the trunk 65.16 highway fund or from any other source to the Minnesota trunk 65.17 highway bond account and all income from the investment thereof 65.18 shall be available for the payment of outstanding state trunk 65.19 highway bonds and interest thereon, whether or not issued 65.20 pursuant to section 167.50, in the same manner as the proceeds 65.21 of taxes paid into the trunk highway fund, and so much thereof 65.22 as may be necessary is appropriated for such payments. The 65.23 legislature may appropriate and transfer to the Minnesota trunk 65.24 highway bond account, for the payment of such trunk highway 65.25 bonds and interest thereon, any other moneys in the state 65.26 treasury not otherwise appropriated. The commissioner of 65.27 finance and the state treasurer are directed to make the 65.28 appropriate entries in the accounts of the respective funds. 65.29 Sec. 19. Minnesota Statutes 2000, section 168.013, 65.30 subdivision 1d, is amended to read: 65.31 Subd. 1d. [TRAILER.] (a) On trailers registered at a gross 65.32 vehicle weight of greater than 3,000 pounds, the annual tax is 65.33 based on total gross weight and is 30 percent of the Minnesota 65.34 base rate prescribed in subdivision 1e, when the gross weight is 65.35 15,000 pounds or less, and when the gross weight of a trailer is 65.36 more than 15,000 pounds, the tax for the first eight years of 66.1 vehicle life is 100 percent of the tax imposed in the Minnesota 66.2 base rate schedule, and during the ninth and succeeding years of 66.3 vehicle life the tax is 75 percent of the Minnesota base rate 66.4 prescribed by subdivision 1e, but in no event less than $5,66.5provided, that the tax on trailers with a total gross weight of66.63,000 pounds or less is payable biennially. 66.7 (b) Farm trailers with a gross weight in excess of 10,000 66.8 pounds and as described in section 168.011, subdivision 17, are 66.9 taxed as farm trucks as prescribed in subdivision 1c. 66.10 (c) Effective on and after July 1, 2001, trailers 66.11 registered at a gross vehicle weight of 3,000 pounds or less 66.12 must display a distinctive plate. The registration on the 66.13 license plate is valid for the life of the trailer only if it 66.14 remains registered at the same gross vehicle weight. The 66.15 one-time registration tax for trailers registered for the first 66.16 time in Minnesota is $55. For trailers registered in Minnesota 66.17 before July 1, 2001, and for which: 66.18 (1) registration is desired for the remaining life of the 66.19 trailer, the registration tax is $25; or 66.20 (2) permanent registration is not desired, the biennial 66.21 registration tax is $10 for the first renewal if registration is 66.22 renewed between and including July 1, 2001, and June 30, 2003. 66.23 These trailers must be issued permanent registration at the 66.24 first renewal on or after July 1, 2003, and the registration tax 66.25 is $20. 66.26 For trailers registered at a gross weight of 3,000 pounds or 66.27 less before July 1, 2001, but not renewed until on or after July 66.28 1, 2003, the registration tax is $20 and permanent registration 66.29 must be issued. 66.30 Sec. 20. Minnesota Statutes 2000, section 168.33, 66.31 subdivision 7, is amended to read: 66.32 Subd. 7. [FILING FEE.] (a) In addition to all other 66.33 statutory fees and taxes, a filing fee of$3.50$4.50 is imposed 66.34 on everyapplicationmotor vehicle registration renewal, 66.35 excluding prorate, and a filing fee of $7 is imposed on every 66.36 other type of vehicle transaction; except that a filing fee may 67.1 not be charged for a document returned for a refund or for a 67.2 correction of an error made by the department of public safety 67.3 or a deputy registrar. The filing feeshallmust be shown as a 67.4 separate item on all registration renewal notices sent out by 67.5 the departmentof public safety. No filing fee or other fee may 67.6 be charged for the permanent surrender of a certificate of title 67.7 and license plates for a motor vehicle. 67.8 (b) Filing fees collected under this subdivision by the 67.9registrardepartment must be paid into the state treasury and 67.10 credited to the highway user tax distribution fund, except fees 67.11 for registrations of motor vehicles. Filing fees collected for 67.12 registrations of motor vehicles in conjunction with a title 67.13 transfer or first application in this state must be paid into 67.14 the state treasury with 50 percent of the money credited to the 67.15 general fund and 50 percent credited to the highway user tax 67.16 distribution fund. 67.17 Sec. 21. Minnesota Statutes 2000, section 168.381, is 67.18 amended to read: 67.19 168.381 [MANUFACTURE OF VEHICLE LICENSENUMBERPLATES; 67.20 APPROPRIATIONS.] 67.21 Subdivision 1. [CORRECTIONAL FACILITIES; OTHER 67.22 MANUFACTURERS.] (a) License number plates required by law may be 67.23 manufactured by the Minnesota correctional facility-St. Cloud, 67.24 the Minnesota correctional facility-Stillwater, or other 67.25 facility established by law for the confinement of persons 67.26 convicted of felony, upon order from the registrar of motor 67.27 vehicles, such. The ordertomust state the quality of material 67.28 desired insuchthe plates, the plate specificationsthereof, 67.29 and the amount or number desired. 67.30 (b) Should the commissioner of corrections decide not to 67.31 supply the required quantity of license plates, or discontinue 67.32 the manufacture of plates, the commissioner of public safety is 67.33 authorized to seek other suppliers on a competitive basis. 67.34 Subd. 2. [LABORATORY TESTING; COSTS.] (a) Materials 67.35 purchased to be used in the manufacture ofsuchmotor vehicle 67.36 number platesshallmust be tested as to conformance with 68.1 specifications established by the commissioner of public safety 68.2 in a privately operated laboratory service to be designated by 68.3 the commissioner. The cost ofsuchthe laboratoryshallmust be 68.4 included in the cost of materials purchased. 68.5 (b) The cost of delivery ofsuchnumber plates to the 68.6 commissioner of public safety at placeswhichdesignated by the 68.7 commissionermay designate shallmust be included in the 68.8 expenses incurred in their manufacture. 68.9 Subd. 3. [SPECIFICATIONS.] The commissioner of public 68.10 safety shall establish new or revised specifications for the 68.11 material and equipment used in the manufacture of number plates 68.12 ordered for manufacture after August 1, 1975, and may from time 68.13 to time revisesuchthe specifications,; provided thatsuch68.14 the specifications conform to the requirements of section 168.12. 68.15 In establishing new or revised specifications, the commissioner 68.16 shall consult with and give consideration to the advice and 68.17 recommendations of representatives of the Minnesota state 68.18 patrol, local police officers' associations, and the county 68.19 sheriffs' association. 68.20(c)Subd. 4. [APPROPRIATIONS.] (a) Money appropriated to 68.21 the department of public safety to procure the plates for any 68.22 fiscal year or yearsshall beare available for allotment, 68.23 encumbrance, and expenditure from and after the date of the 68.24 enactment ofsuchthe appropriation. Materials and equipment 68.25 used in the manufacture ofsuchnumber plates are subject only 68.26 to the approval of the commissioner of public safety. 68.27(d)(b) This section contemplates that money to be 68.28 appropriated to the department of public safety in order to 68.29 carry out the terms and provisions of this section will be 68.30 appropriated by the legislature from the highway user tax 68.31 distribution fund. 68.32 (c) A sum sufficient is appropriated annually from the 68.33 highway user tax distribution fund to the commissioner of public 68.34 safety to pay the costs of purchasing, delivering, and mailing 68.35 motor vehicle license number plates, license plate registration 68.36 tabs or stickers, and license plate registration notices. 69.1 Sec. 22. Minnesota Statutes 2000, section 169.06, is 69.2 amended by adding a subdivision to read: 69.3 Subd. 5b. [SIGNAL VIOLATION CITED USING PHOTOGRAPHIC 69.4 EVIDENCE.] (a) Notwithstanding section 169.89, subdivision 1, if 69.5 a motor vehicle is operated in violation of subdivision 4 and 69.6 the violation is detected through use of photographic evidence, 69.7 the owner of the vehicle or, for a leased motor vehicle, the 69.8 lessee of the vehicle, is guilty of a petty misdemeanor and may 69.9 be fined up to $100. Notwithstanding any other law, a peace 69.10 officer may issue a citation to the owner or lessee of the 69.11 vehicle through United States mail. 69.12 (b) This subdivision does not apply to (1) an owner who 69.13 presents written evidence that the motor vehicle had been 69.14 reported to a law enforcement agency as stolen at the time of 69.15 the violation, or (2) a lessor of a motor vehicle if the lessor 69.16 keeps a record of the name and address of the lessee. 69.17 (c) This subdivision does not prohibit or limit the 69.18 prosecution of a motor vehicle operator for violating 69.19 subdivision 4. 69.20 (d) It is an affirmative defense to a violation of this 69.21 subdivision if the owner or lessee proves by a preponderance of 69.22 the evidence that the owner or lessee was not the driver of the 69.23 vehicle at the time of the violation. 69.24 [EFFECTIVE DATE.] This section is effective August 1, 2001. 69.25 Sec. 23. [169.062] [SIGNAL VIOLATION DETECTED WITH 69.26 PHOTOGRAPHIC EVIDENCE.] 69.27 Subdivision 1. [LOCAL GOVERNMENT AUTHORITY.] (a) A 69.28 statutory or home rule charter city or urban town, as defined in 69.29 chapter 368, may by ordinance develop and implement a program to 69.30 allow peace officers to detect violations of section 169.06, 69.31 subdivision 4, through photographic evidence, as provided in 69.32 section 169.06, subdivision 5b. A program established under 69.33 this section must: 69.34 (1) be limited to enforcement of traffic signals only; 69.35 (2) issue citations for traffic signal violations only 69.36 through United States mail within seven working days of the 70.1 offense; 70.2 (3) provide that any fine revenues in excess of the costs 70.3 of the program be transferred to the commissioner of 70.4 transportation to be used for the crosswalk safety awareness 70.5 campaign; 70.6 (4) operate photographic systems in such a manner that the 70.7 violating vehicle is identified by the photograph but the 70.8 occupants of the vehicle are not; 70.9 (5) provide that all records of convictions resulting from 70.10 violations detected through the use of photographic systems 70.11 contain a notation to that effect; and 70.12 (6) require signage notifying drivers that photographic 70.13 systems are in place to detect traffic signal violations. 70.14 (b) The city or town shall consult with the department of 70.15 public safety in establishing the program. 70.16 Any contract with a private person for operation of a 70.17 program under this section must not include a provision that 70.18 provides for a payment to the private person based on the number 70.19 of citations issued. 70.20 Subd. 2. [FINES.] A city or town participating in the 70.21 program may by ordinance establish a schedule of fines for 70.22 violations detected by photographic equipment. 70.23 Subd. 3. [DATA.] Photographic evidence and records of 70.24 convictions obtained under this section are private data on 70.25 individuals or nonpublic data as defined in section 13.02 but 70.26 are accessible to the owner or lessee of the vehicle. Section 70.27 13.05, subdivision 11, applies to a contract with a private 70.28 person for operation of a program under this section. The 70.29 private person may use the data only for purposes of this 70.30 program. 70.31 [EFFECTIVE DATE.] This section is effective August 1, 2001. 70.32 Sec. 24. Minnesota Statutes 2000, section 169.09, 70.33 subdivision 13, is amended to read: 70.34 Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 70.35 APPROPRIATION.] (a) All written reports and supplemental reports 70.36 required under this section shall be for the use of the 71.1 commissioner of public safety and other appropriate state, 71.2 federal, county, and municipal governmental agencies for 71.3 accident analysis purposes, except: 71.4 (1) the commissioner of public safety or any law 71.5 enforcement agency shall, upon written request of any person 71.6 involved in an accident or upon written request of the 71.7 representative of the person's estate, surviving spouse, or one 71.8 or more surviving next of kin, or a trustee appointed pursuant 71.9 to section 573.02, disclose to the requester, the requester's 71.10 legal counsel, or a representative of the requester's insurer 71.11 the report required under subdivision 8; 71.12 (2) the commissioner of public safety shall, upon written 71.13 request, provide the driver filing a report under subdivision 7 71.14 with a copy of the report filed by the driver; 71.15 (3) the commissioner of public safety may verify with 71.16 insurance companies vehicle insurance information to enforce 71.17 sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 71.18 (4) the commissioner of public safety shall provide the 71.19 commissioner of transportation the information obtained for each 71.20 traffic accident involving a commercial motor vehicle, for 71.21 purposes of administering commercial vehicle safety regulations; 71.22 and 71.23 (5) the commissioner of public safety may give to the 71.24 United States Department of Transportation commercial vehicle 71.25 accident information in connection with federal grant programs 71.26 relating to safety. 71.27 (b) Accident reports and data contained in the reports 71.28 shall not be discoverable under any provision of law or rule of 71.29 court. No report shall be used as evidence in any trial, civil 71.30 or criminal, arising out of an accident, except that the 71.31 commissioner of public safety shall furnish upon the demand of 71.32 any person who has, or claims to have, made a report, or, upon 71.33 demand of any court, a certificate showing that a specified 71.34 accident report has or has not been made to the commissioner 71.35 solely to prove compliance or failure to comply with the 71.36 requirements that the report be made to the commissioner. 72.1 (c) Nothing in this subdivision prevents any person who has 72.2 made a report pursuant to this section from providing 72.3 information to any persons involved in an accident or their 72.4 representatives or from testifying in any trial, civil or 72.5 criminal, arising out of an accident, as to facts within the 72.6 person's knowledge. It is intended by this subdivision to 72.7 render privileged the reports required, but it is not intended 72.8 to prohibit proof of the facts to which the reports relate. 72.9 (d) Disclosing any information contained in any accident 72.10 report, except as provided in this subdivision, section 13.82, 72.11 subdivision 3 or 4, or other statutes, is a misdemeanor. 72.12 (e) The commissioner of public safety may charge authorized 72.13 persons a $5 fee for a copy of an accident report. The fees 72.14 collected must be credited to the driver's license account in 72.15 the special revenue fund. 72.16 (f) The commissioner and law enforcement agencies may 72.17 charge commercial users who request access to response or 72.18 incident data relating to accidents a fee not to exceed 50 cents 72.19 per report. "Commercial user" is a user who in one location 72.20 requests access to data in more than five accident reports per 72.21 month, unless the user establishes that access is not for a 72.22 commercial purpose. Money collected by the commissioner under 72.23 this paragraph is appropriated to the commissioner. 72.24 Sec. 25. Minnesota Statutes 2000, section 169.18, 72.25 subdivision 1, is amended to read: 72.26 Subdivision 1. [KEEP TO THE RIGHT.] Upon all roadways of 72.27 sufficient width a vehicle shall be driven upon the right half 72.28 of the roadway, except as follows: 72.29 (1) when overtaking and passing another vehicle proceeding 72.30 in the same direction under the rules governing such movement; 72.31 (2) when the right half of a roadway is closed to traffic 72.32 while under construction or repair; 72.33 (3) upon a roadway divided into three marked lanes for 72.34 traffic under the rules applicable thereon;or72.35 (4) upon a roadway designated and signposted for one-way 72.36 traffic as a one-way roadway; or 73.1 (5) as necessary to comply with subdivision 11 when 73.2 approaching an authorized emergency vehicle parked or stopped on 73.3 the roadway. 73.4 [EFFECTIVE DATE.] This section is effective June 1, 2001. 73.5 Sec. 26. Minnesota Statutes 2000, section 169.18, is 73.6 amended by adding a subdivision to read: 73.7 Subd. 11. [PASSING PARKED EMERGENCY VEHICLE.] When 73.8 approaching and before passing an authorized emergency vehicle 73.9 that is parked or otherwise stopped on or next to a street or 73.10 highway having two or more lanes in the same direction, the 73.11 driver of a vehicle shall safely move the vehicle to a lane away 73.12 from the emergency vehicle. 73.13 [EFFECTIVE DATE.] This section is effective June 1, 2001. 73.14 Sec. 27. Minnesota Statutes 2000, section 169.825, 73.15 subdivision 11, is amended to read: 73.16 Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The 73.17 limitations provided in this section are increased: 73.18 (1) by ten percentfrom January 1 to March 7between the 73.19 dates set by the commissioner based on frost depth, each winter, 73.20 statewide; 73.21 (2) by ten percentfrom December 1 through December 3173.22 between the dates set by the commissioner based on frost depth, 73.23 each winter in the zone bounded as follows: beginning at Pigeon 73.24 River in the northeast corner of Minnesota; thence in a 73.25 southwesterly direction along the north shore of Lake Superior 73.26 along trunk highway No. 61 to the junction with trunk highway 73.27 No. 210; thence westerly along trunk highway No. 210 to the 73.28 junction with trunk highway No. 10; thence northwesterly along 73.29 trunk highway No. 10 to the Minnesota-North Dakota border; 73.30 thence northerly along that border to the Minnesota-Canadian 73.31 Border; thence easterly along said Border to Lake Superior; and 73.32 (3) by ten percent from the beginning of harvest to 73.33 November 30 each year for the movement of sugar beets, sweet 73.34 corn, and potatoes within an area having a 75-mile radius from 73.35 the field of harvest to the point of the first unloading. The 73.36 commissioner shall not issue permits under this clause if to do 74.1 so will result in a loss of federal highway funding to the state. 74.2 (b) The duration of a ten percent increase in load limits 74.3 is subject to limitation by order of the commissioner, subject 74.4 to implementation of springtime load restrictions, or March 7. 74.5 (c) When the ten percent increase is in effect, a permit is 74.6 required for a motor vehicle, trailer, or semitrailer 74.7 combination that has a gross weight in excess of 80,000 pounds, 74.8 an axle group weight in excess of that prescribed in subdivision 74.9 10, or a single axle weight in excess of 20,000 pounds and which 74.10 travels on interstate routes. 74.11 (d) In cases where gross weights in an amount less than 74.12 that set forth in this section are fixed, limited, or restricted 74.13 on a highway or bridge by or under another section of this 74.14 chapter, the lesser gross weight as fixed, limited, or 74.15 restricted may not be exceeded and must control instead of the 74.16 gross weights set forth in this section. 74.17 (e) Notwithstanding any other provision of this 74.18 subdivision, no vehicle may exceed a total gross vehicle weight 74.19 of 80,000 pounds on routes which have not been designated by the 74.20 commissioner under section 169.832, subdivision 11. 74.21 (f) The commissioner may, after determining the ability of 74.22 the highway structure and frost condition to support additional 74.23 loads, grant a permit extending seasonal increases for vehicles 74.24 using portions of routes falling within two miles of the 74.25 southern boundary of the zone described under paragraph (a), 74.26 clause (2). 74.27 Sec. 28. Minnesota Statutes 2000, section 169.87, 74.28 subdivision 4, is amended to read: 74.29 Subd. 4. [VEHICLE TRANSPORTING MILK, LIVESTOCK, OR 74.30 FEED.] (a) Until June 1, 2003, a weight restriction imposed 74.31 under subdivision 1 by the commissioner of transportation or a 74.32 local road authority, or imposed by subdivision 2, does not 74.33 apply to: 74.34 (1) a vehicle transporting milk from the point of 74.35 production to the point of first processing if, at the time the 74.36 weight restriction is exceeded, the vehicle is carrying milk 75.1 loaded at only one point of production; 75.2 (2) a vehicle delivering animal feed to a farm or other 75.3 livestock production facility, whether or not the feed is in a 75.4 raw or manufactured state; 75.5 (3) a vehicle transporting livestock to a farm or other 75.6 livestock production facility for care and rearing; or 75.7 (4) a vehicle transporting livestock from a farm or other 75.8 livestock production facility to point of slaughter. 75.9 (b) This subdivision does not authorize a vehicle described 75.10 in this subdivision to exceed a weight restriction of five tons 75.11 per axle by more than two tons per axle. 75.12 Sec. 29. Minnesota Statutes 2000, section 170.23, is 75.13 amended to read: 75.14 170.23 [ABSTRACT; FEE; ADMISSIBLE IN EVIDENCE.] 75.15 The commissioner shall upon request furnish any person a 75.16 certified abstract of the operating record of any person subject 75.17 to the provisions of this chapter, and, if there shall be no 75.18 record of any conviction of such person of violating any law 75.19 relating to the operation of a motor vehicle or of any injury or 75.20 damage caused by such person, the commissioner shall so 75.21 certify. Such abstracts shall not be admissible as evidence in 75.22 any action for damages or criminal proceedings arising out of a 75.23 motor vehicle accident. A fee of $5 shall be paid for each such 75.24 abstract. The commissioner shall permit a person to inquire 75.25 into the operating record of any person by means of the 75.26 inquiring person's own computer facilities for a fee to be 75.27 determined by the commissioner of at least $2 for each inquiry. 75.28 The commissioner shall furnish an abstract that is not certified 75.29 for a fee to be determined by the commissioner in an amount less 75.30 than the fee for a certified abstract but more than the fee for 75.31 an inquiry by computer. Fees collected under this section must 75.32 be paid into the state treasury with 90 percent of the money 75.33 credited to thetrunk highwaydriver's license account in the 75.34 special revenue fund and ten percent credited to the general 75.35 fund. 75.36 Sec. 30. Minnesota Statutes 2000, section 171.06, 76.1 subdivision 2a, is amended to read: 76.2 Subd. 2a. [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 76.3 (a) The fee for any duplicate driver's license which is obtained 76.4 for the purpose of adding a two-wheeled vehicle endorsement is 76.5 increased by $18.50 for each first such duplicate license and 76.6 $13 for each renewal thereof. The additional fee shall be paid 76.7 into the state treasury and credited as follows: 76.8 (1) $11 of the additional fee for each first duplicate 76.9 license, and $7 of the additional fee for each renewal, must be 76.10 credited to the motorcycle safety fund which is hereby created; 76.11 provided that any fee receipts in excess of $750,000 in a fiscal 76.12 year shall be credited 90 percent to thetrunk highwaydriver's 76.13 license account in the special revenue fund and ten percent to 76.14 the general fund, as provided in section 171.26. 76.15 (2) The remainder of the additional fee must be credited to 76.16 the general fund. 76.17 (b) All application forms prepared by the commissioner for 76.18 two-wheeled vehicle endorsements shall clearly state the amount 76.19 of the total fee that is dedicated to the motorcycle safety fund. 76.20 Sec. 31. Minnesota Statutes 2000, section 171.07, 76.21 subdivision 11, is amended to read: 76.22 Subd. 11. [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the 76.23 written request of the applicant and upon payment of an 76.24 additional fee of $3.50, the department shall issue a driver's 76.25 license or Minnesota identification card bearing a symbol or 76.26 other appropriate identifier indicating that the license holder 76.27 has appointed an individual to serve as a standby or temporary 76.28 custodian under chapter 257B. 76.29 (b) The request must be accompanied by a copy of the 76.30 designation executed under section 257B.04. 76.31 (c) The department shall maintain a computerized records 76.32 system of all persons listed as standby or temporary custodians 76.33 by driver's license and identification card applicants. This 76.34 data shall be released to appropriate law enforcement agencies 76.35 under section 13.69. Upon a parent's request and payment of a 76.36 fee of $3.50, the department shall revise its list of standby or 77.1 temporary custodians to reflect a change in the appointment. 77.2 (d) At the request of the license or card holder, the 77.3 department shall cancel the standby or temporary custodian 77.4 indication without additional charge. However, this paragraph 77.5 does not prohibit a fee that may be applicable for a duplicate 77.6 or replacement license or card, renewal of a license, or other 77.7 service applicable to a driver's license or identification card. 77.8 (e) Notwithstanding sections 13.08, subdivision 1, and 77.9 13.69, the department and department employees are conclusively 77.10 presumed to be acting in good faith when employees rely on 77.11 statements made, in person or by telephone, by persons 77.12 purporting to be law enforcement and subsequently release 77.13 information described in paragraph (b). When acting in good 77.14 faith, the department and department personnel are immune from 77.15 civil liability and not subject to suit for damages resulting 77.16 from the release of this information. 77.17 (f) The department and its employees: 77.18 (1) have no duty to inquire or otherwise determine whether 77.19 a designation submitted under this subdivision is legally valid 77.20 and enforceable; and 77.21 (2) are immune from all civil liability and not subject to 77.22 suit for damages resulting from a claim that the designation was 77.23 not legally valid and enforceable. 77.24 (g) Of the fees received by the department under this 77.25 subdivision: 77.26 (1) Up to $111,000 received in fiscal year 1997 and up to 77.27 $61,000 received in subsequent fiscal years must be deposited in 77.28 the general fund. 77.29 (2) All other fees must be deposited in thetrunk highway77.30 driver's license account in the special revenue fund. 77.31 Sec. 32. Minnesota Statutes 2000, section 171.12, 77.32 subdivision 6, is amended to read: 77.33 Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] (a) The 77.34 department shall not keep on the record of a driver any 77.35 conviction for a violation of section 169.14, subdivision 2, 77.36 paragraph (a), clause (3), unless the violation consisted of a 78.1 speed greater than ten miles per hour in excess of the lawful 78.2 speed. 78.3 (b) The department shall not keep on the record of a driver 78.4 a conviction for failure to obey traffic signals if the record 78.5 of conviction indicates that the conviction was obtained through 78.6 the use of photographic evidence. 78.7 [EFFECTIVE DATE.] This section is effective August 1, 2001. 78.8 Sec. 33. Minnesota Statutes 2000, section 171.13, 78.9 subdivision 6, is amended to read: 78.10 Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person 78.11 applying for an initial motorcycle endorsement on a driver's 78.12 license shall pay at the place of examination a total fee of 78.13 $21, which includes the examination fee and endorsement fee, but 78.14 does not include the fee for a duplicate driver's license 78.15 prescribed in section 171.06, subdivision 2. Of this amount, 78.16 $11 must be credited as provided in section 171.06, subdivision 78.17 2a, paragraph (a), clause (1), $2.50 must be credited to 78.18 thetrunk highwaydriver's license account in the special 78.19 revenue fund, and the remainder must be credited to the general 78.20 fund. 78.21 Sec. 34. Minnesota Statutes 2000, section 171.185, is 78.22 amended to read: 78.23 171.185 [COSTS PAID FROMTRUNK HIGHWAY FUNDDRIVER'S 78.24 LICENSE ACCOUNT.] 78.25 All costs incurred by the commissioner in carrying out the 78.26 provisions of sections 171.182 to 171.184 shall be paid from the 78.27trunk highwaydriver's license account in the special revenue 78.28 fund. 78.29 Sec. 35. Minnesota Statutes 2000, section 171.26, is 78.30 amended to read: 78.31 171.26 [DRIVER'S LICENSE ACCOUNT; MONEY CREDITEDTO FUNDS78.32 AND APPROPRIATED.] 78.33 (a) The driver's license account is created in the special 78.34 revenue fund. Money credited to this account may be 78.35 appropriated to the commissioner of public safety for the 78.36 purpose of providing driver's license and other related services 79.1 as authorized under this chapter. 79.2 (b) All money received under this chapter must be paid into 79.3 the state treasury and credited to thetrunk highwaydriver's 79.4 license account in the special revenue fund, except as provided 79.5 in sections 171.06, subdivision 2a; 171.07, subdivision 11, 79.6 paragraph (g); 171.12, subdivision 8; and 171.29, subdivision 2, 79.7 paragraph (b). 79.8 (c) A sum sufficient is appropriated annually from the 79.9 driver's license account to pay the costs of mailing driver's 79.10 license renewal notices and producing and mailing driver's 79.11 licenses, permits, and identification cards. Beginning in 2002, 79.12 the commissioner shall submit to the commissioner of finance, 79.13 with copies to the chairs of the senate and house of 79.14 representatives committees having jurisdiction over 79.15 transportation finance, by October 15, an audited report 79.16 summarizing expenditures under this paragraph for the previous 79.17 fiscal year and projections for the current fiscal year. 79.18 Sec. 36. Minnesota Statutes 2000, section 171.29, 79.19 subdivision 2, is amended to read: 79.20 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 79.21 license has been revoked as provided in subdivision 1, except 79.22 under section 169A.52 or 169A.54, shall pay a $30 fee before the 79.23 driver's license is reinstated. 79.24 (b) A person whose driver's license has been revoked as 79.25 provided in subdivision 1 under section 169A.52 or 169A.54 shall 79.26 pay a $250 fee plus a $40 surcharge before the driver's license 79.27 is reinstated. The $250 fee is to be credited as follows: 79.28 (1) Twenty percent must be credited to thetrunk highway79.29 driver's license account in the special revenue fund. 79.30 (2) Fifty-five percent must be credited to the general fund. 79.31 (3) Eight percent must be credited to a separate account to 79.32 be known as the bureau of criminal apprehension account. Money 79.33 in this account may be appropriated to the commissioner of 79.34 public safety and the appropriated amount must be apportioned 80 79.35 percent for laboratory costs and 20 percent for carrying out the 79.36 provisions of section 299C.065. 80.1 (4) Twelve percent must be credited to a separate account 80.2 to be known as the alcohol-impaired driver education account. 80.3 Money in the account is appropriatedas follows:80.4(i) the first $200,000 in a fiscal year to the commissioner80.5of children, families, and learning for programs for elementary80.6and secondary school students; and80.7(ii) the remainder credited in a fiscal year to the80.8commissioner of transportation to be spent as grants to the80.9Minnesota highway safety center at St. Cloud State Universityto 80.10 the Minnesota safety council for programs relating to alcohol 80.11 and highway safety education in elementary and secondary schools. 80.12 (5) Five percent must be credited to a separate account to 80.13 be known as the traumatic brain injury and spinal cord injury 80.14 account. The money in the account is annually appropriated to 80.15 the commissioner of health to be used as follows: 35 percent 80.16 for a contract with a qualified community-based organization to 80.17 provide information, resources, and support to assist persons 80.18 with traumatic brain injury and their families to access 80.19 services, and 65 percent to maintain the traumatic brain injury 80.20 and spinal cord injury registry created in section 144.662. For 80.21 the purposes of this clause, a "qualified community-based 80.22 organization" is a private, not-for-profit organization of 80.23 consumers of traumatic brain injury services and their family 80.24 members. The organization must be registered with the United 80.25 States Internal Revenue Service under section 501(c)(3) as a 80.26 tax-exempt organization and must have as its purposes: 80.27 (i) the promotion of public, family, survivor, and 80.28 professional awareness of the incidence and consequences of 80.29 traumatic brain injury; 80.30 (ii) the provision of a network of support for persons with 80.31 traumatic brain injury, their families, and friends; 80.32 (iii) the development and support of programs and services 80.33 to prevent traumatic brain injury; 80.34 (iv) the establishment of education programs for persons 80.35 with traumatic brain injury; and 80.36 (v) the empowerment of persons with traumatic brain injury 81.1 through participation in its governance. 81.2 No patient's name, identifying information or identifiable 81.3 medical data will be disclosed to the organization without the 81.4 informed voluntary written consent of the patient or patient's 81.5 guardian, or if the patient is a minor, of the parent or 81.6 guardian of the patient. 81.7 (c) The $40 surcharge must be credited to a separate 81.8 account to be known as the remote electronic alcohol monitoring 81.9 program account. The commissioner shall transfer the balance of 81.10 this account to the commissioner of finance on a monthly basis 81.11 for deposit in the general fund. 81.12 (d) When these fees are collected by a licensing agent, 81.13 appointed under section 171.061, a handling charge is imposed in 81.14 the amount specified under section 171.061, subdivision 4. The 81.15 reinstatement fees and surcharge must be deposited in an 81.16 approved state depository as directed under section 171.061, 81.17 subdivision 4. 81.18 Sec. 37. Minnesota Statutes 2000, section 171.36, is 81.19 amended to read: 81.20 171.36 [LICENSE RENEWAL; FEES; PROCEEDS TOTRUNK HIGHWAY81.21 SPECIAL REVENUE FUND.] 81.22 All licenses shall expire one year from date of issuance 81.23 and may be renewed upon application to the commissioner. Each 81.24 application for an original or renewal school license shall be 81.25 accompanied by a fee of $150 and each application for an 81.26 original or renewal instructor's license shall be accompanied by 81.27 a fee of $50. The license fees collected under sections 171.33 81.28 to 171.41 shall be paid into thetrunk highwaydriver's license 81.29 account in the special revenue fund. No license fee shall be 81.30 refunded in the event that the license is rejected or revoked. 81.31 Sec. 38. [174.026] [PAVEMENT STRIPING.] 81.32 The commissioner of transportation may bill highway 81.33 maintenance operating units of the department and local road 81.34 authorities for the costs of a centrally managed pavement 81.35 marking program. Such costs may include equipment acquisition 81.36 and rental, labor, materials, and other costs as determined by 82.1 the commissioner. Receipts must be credited to a special 82.2 account which is established in the trunk highway fund and are 82.3 appropriated to the commissioner to pay the costs for which the 82.4 billings are made. Amounts credited to the account are exempt 82.5 from statewide and agency indirect costs payments. 82.6 Sec. 39. Minnesota Statutes 2000, section 174.03, is 82.7 amended by adding a subdivision to read: 82.8 Subd. 2a. [HIGHWAY SPENDING IN METROPOLITAN DISTRICT.] In 82.9 any year during the period of imposition of the taxes authorized 82.10 in section 473.922, subdivisions 4 and 5, and exclusive of the 82.11 expenditure of these revenues, (1) the percentage of total trunk 82.12 highway fund expenditures attributable to projects in the 82.13 metropolitan district may not vary more than two percentage 82.14 points from the average of the previous five years of trunk 82.15 highway fund metropolitan district expenditures and (2) of the 82.16 additional trunk highway funds made available by the tax 82.17 revenues collected under section 473.922, subdivisions 4 and 5, 82.18 no less than $100,000,000 must be spent in each of the counties 82.19 of Anoka, Carver, Dakota, Scott, and Washington during the 82.20 period of imposition of these taxes. The commissioner must let 82.21 each project funded as described in this clause no later than 82.22 June 30, 2011. 82.23 Sec. 40. Minnesota Statutes 2000, section 174.24, 82.24 subdivision 3b, is amended to read: 82.25 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 82.26 shall determine the total operating cost of any public transit 82.27 system receiving or applying for assistance in accordance with 82.28 generally accepted accounting principles. To be eligible for 82.29 financial assistance, an applicant or recipient shall provide to 82.30 the commissioner all financial records and other information and 82.31 shall permit any inspection reasonably necessary to determine 82.32 total operating cost and correspondingly the amount of 82.33 assistance which may be paid to the applicant or recipient. 82.34 Where more than one county or municipality contributes 82.35 assistance to the operation of a public transit system, the 82.36 commissioner shall identify one as lead agency for the purpose 83.1 of receivingmoneysmoney under this section. 83.2 (b) Prior to distributing operating assistance to eligible 83.3 recipients for any contract period, the commissioner shall place 83.4 all recipients into one of the following classifications:large83.5urbanized area service,urbanized area service, small urban area 83.6 service, rural area service, and elderly and handicapped 83.7 service. The commissioner shall distribute funds under this 83.8 section so that the percentage of total operating cost paid by 83.9 any recipient from local sources will not exceed the percentage 83.10 for that recipient's classification, except as provided in an 83.11 undue hardship case. The percentagesshallmust be:for large83.12urbanized area service, 50 percent;for urbanized area service 83.13 and small urban area service, 40 percent; for rural area 83.14 service, 35 percent; and for elderly and handicapped service, 35 83.15 percent. The remainder of the total operating cost will be paid 83.16 from state funds less any assistance received by the recipient 83.17 from any federal source. For purposes of this subdivision 83.18 "local sources" means all local sources of funds and includes 83.19 all operating revenue, tax levies, and contributions from public 83.20 funds, except that the commissioner may exclude from the total 83.21 assistance contract revenues derived from operations the cost of 83.22 which is excluded from the computation of total operating cost. 83.23 Total operating costs of the Duluth transit authority shall not 83.24 include costs related to the Superior, Wisconsin service 83.25 contract and the school bus service contract. 83.26 (c) If a recipient informs the commissioner in writing 83.27 after the establishment of these percentages but prior to the 83.28 distribution of financial assistance for any year that paying 83.29 its designated percentage of total operating cost from local 83.30 sources will cause undue hardship, the commissioner may reduce 83.31 the percentage to be paid from local sources by the recipient 83.32 and increase the percentage to be paid from local sources by one 83.33 or more other recipients inside or outside the classification, 83.34 provided that no recipient shall have its percentage thus 83.35 reduced or increased for more than two years successively. If 83.36 for any year the funds appropriated to the commissioner to carry 84.1 out the purposes of this section are insufficient to allow the 84.2 commissioner to pay the state share of total operating cost as 84.3 provided in this paragraph, the commissioner shall reduce the 84.4 state share in each classification to the extent necessary. 84.5 Sec. 41. Minnesota Statutes 2000, section 174.32, 84.6 subdivision 5, is amended to read: 84.7 Subd. 5. [ELIGIBLE ACTIVITYEXPENDITURES FROM 84.8 FUND.]Activities eligible for assistance under the program84.9include but are not limited to:84.10(1) planning and engineering design for transit services;84.11(2) capital assistance to purchase or refurbish transit84.12vehicles, purchase rail lines and associated facilities for84.13light rail transit, purchase rights-of-way, and other capital84.14expenditures necessary to provide a transit service; and84.15(3) other assistance for public transit services.Money in 84.16 the transit assistance fund may be spent by law only for 84.17 operating assistance. 84.18 [EFFECTIVE DATE.] This section is effective July 1, 2003. 84.19 Sec. 42. [174.52] [LOCAL ROAD IMPROVEMENT FUND.] 84.20 Subdivision 1. [FUND CREATED.] A local road improvement 84.21 fund is created in the state treasury. The fund consists of 84.22 money transferred to the fund through appropriation, gift, or 84.23 grant. Money in the fund is annually appropriated to the 84.24 commissioner for expenditure as specified in this section. 84.25 Subd. 2. [ADVISORY COMMITTEE.] The commissioner of 84.26 transportation shall annually consult with a local road 84.27 improvement advisory committee concerning criteria for 84.28 expenditure and allocations from the fund. The advisory 84.29 committee consists of 11 members appointed as follows: 84.30 (1) three representatives appointed by the commissioner, 84.31 one of whom shall be designated as the chair of the advisory 84.32 committee; 84.33 (2) two representatives appointed by the association of 84.34 Minnesota counties, of which one must represent a county in the 84.35 metropolitan area; 84.36 (3) two representatives of cities with a population under 85.1 5,000 appointed by the league of Minnesota cities, of which one 85.2 must represent a city in the metropolitan area; 85.3 (4) two representatives of cities with a population of 85.4 5,000 and over, appointed by the league of Minnesota cities, of 85.5 which one must represent a city in the metropolitan area; and 85.6 (5) two representatives appointed by the Minnesota township 85.7 association. 85.8 The committee shall by September 1, 2001, establish criteria for 85.9 making grants from the fund and a process for cities, counties, 85.10 and townships to apply for grants. The committee must award at 85.11 least 50 percent of the funds to local projects by December 15, 85.12 2001. 85.13 Subd. 3. [TRUNK HIGHWAY CORRIDOR ACCOUNT.] (a) A trunk 85.14 highway corridor account is established in the local road 85.15 improvement fund. Money in the account must be used as grants 85.16 to cities, towns, and counties to assist in paying the local 85.17 share of projects that: 85.18 (1) involve the reconstruction or improvement of a trunk 85.19 highway; 85.20 (2) have local costs that are not funded, or are only 85.21 partially funded with other state and federal funds; and 85.22 (3) where the local share of the costs are directly or 85.23 partially related to the trunk highway improvement. 85.24 (b) A city, county, or town is eligible to receive a grant 85.25 from the trunk highway corridor account for the amount of the 85.26 project costs that exceed: 85.27 (1) three percent of the city, county, or town's adjusted 85.28 net tax capacity in the previous calendar year; plus 85.29 (2) ten percent of any county or municipal state-aid 85.30 allocation received in the previous fiscal year. 85.31 In making allocations from the trunk highway corridor account, 85.32 the advisory committee must give priority to projects that 85.33 involve the relocation of municipally owned utilities that have 85.34 a remaining useful life of at least five years. 85.35 Subd. 4. [LOCAL ROAD DEVELOPMENT ACCOUNT.] A local road 85.36 development account is established in the local road improvement 86.1 fund. Money in the account must be used as grants to cities, 86.2 towns, and counties to assist in paying the costs of 86.3 constructing or reconstructing local roads. To be eligible for 86.4 allocation from the local road development account, projects 86.5 must meet at least one of the following criteria: 86.6 (1) the local road is of regional significance and connects 86.7 to the regional roadway system; 86.8 (2) the project is designated to receive federal funds; 86.9 (3) the project is part of a larger economic development or 86.10 redevelopment effort; 86.11 (4) the local road serves as a farm-to-market corridor; 86.12 (5) the local road serves as a tourism route through a 86.13 national forest; or 86.14 (6) the project is for the construction of a regional trail 86.15 along a trunk highway or local roads. 86.16 Subd. 5. [SMALL CITIES AND TOWNS ACCOUNT.] A small cities 86.17 and towns account is established in the local road development 86.18 fund. Money in the account must be used as grants to cities 86.19 with a population under 5,000 to assist in paying costs related 86.20 to maintenance and construction of the local road system and to 86.21 towns to assist in paying costs related to maintenance 86.22 snowplowing costs and reconstruction costs necessitated by 86.23 severe weather or natural disaster. In making allocations from 86.24 the small cities and towns account, the advisory committee must 86.25 establish criteria that at a minimum considers the population 86.26 and street mileage within the city and town. 86.27 Subd. 6. [NOISE WALL ACCOUNT.] A noise wall account is 86.28 established in the local road development fund. Money in the 86.29 account must be used as grants to cities, towns, and counties to 86.30 assist in paying the cost of constructing a noise wall along a 86.31 trunk highway. In making allocations from the noise wall 86.32 account, the advisory committee must give priority to projects 86.33 that provide local matching funds for at least one-third of the 86.34 project costs. 86.35 Sec. 43. Minnesota Statutes 2000, section 174.70, 86.36 subdivision 2, is amended to read: 87.1 Subd. 2. [IMPLEMENTATION.] In order to facilitate 87.2 construction and maintenance ofthe initial backbone of thethe 87.3 state's communicationssystem described in subdivision 1systems 87.4 and to reduce the proliferation of communications towers, the 87.5 commissionershallmay, by purchase, lease, gift, exchange, or 87.6 other means, obtain sites for the erection of towers and the 87.7 location of equipment andshallmay construct buildings and 87.8 structures needed for developing thesystemstate's 87.9 communications systems. The commissioner may negotiate with 87.10 commercial wireless service providers and other tower owners to 87.11 obtain sites, towers, and equipment. Notwithstanding sections 87.12 161.433, 161.434, 161.45, and 161.46, the commissioner may by 87.13 agreement lease, allow, or permit commercial wireless service 87.14 providers or other tower owners to install privately owned 87.15 equipment on state-owned lands, buildings, and other structures 87.16 under the jurisdiction of the commissioner when it is practical 87.17 and feasible to do so. The commissioner shall annually publish 87.18 a list of state-owned tower sites that are available to 87.19 commercial wireless service providers and other tower owners for 87.20 installation of their equipment on a first-come, first-served 87.21 basis for each tower or site. The commissioner may not make 87.22 agreements that grant the exclusive use of towers. After the 87.23 commissioner has agreed to make space available on a specific 87.24 tower or at a specific site, the commissioner shall charge a 87.25 site use fee for the value of the real property or structure 87.26 made available. In lieu of a site use fee, the commissioner may 87.27 make agreements with commercial wireless service providers or 87.28 other tower owners to place state equipment on privately owned 87.29 towers and may accept(1)improvements such as tower 87.30 reinforcement, reconstruction, site development, or other site 87.31 improvements tostate-ownedthe state's publicsafety87.32 communications system facilities or real or personal property,87.33or (2) services provided by a commercial wireless service87.34provider. This section is not intended to create a right to 87.35 install privately owned towers on the trunk highway right-of-way. 87.36 [EFFECTIVE DATE.] This section is effective the day 88.1 following final enactment. 88.2 Sec. 44. Minnesota Statutes 2000, section 174.70, 88.3 subdivision 3, is amended to read: 88.4 Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 88.5 under subdivision 2 must be deposited in the trunk highway 88.6 fund. The feessocollected are appropriated to the 88.7 commissioner to pay forthe commissioner's share and state88.8patrol's share of the costs of constructingdeveloping and 88.9 maintaining thecommunication system sitescommunications 88.10 systems that serve state agencies. 88.11 [EFFECTIVE DATE.] This section is effective the day 88.12 following final enactment. 88.13 Sec. 45. [174.92] [WHISTLE-BLOWING.] 88.14 Subject to applicable federal law and regulations, a city, 88.15 town, or county may prohibit whistle-blowing within one-half 88.16 mile of a commuter rail station. 88.17 Sec. 46. Minnesota Statutes 2000, section 297B.09, 88.18 subdivision 1, is amended to read: 88.19 Subdivision 1. [GENERAL FUND SHAREDEPOSIT OF REVENUES.] 88.20 Money collected and received under this chapter must be 88.21 deposited as provided in this subdivision. 88.22 Thirty-two percent of the money collected and received must 88.23 be deposited in the highway user tax distribution fund, 18 88.24 percent of the money collected and received must be deposited in 88.25 the transit assistance fund, and the remaining6850 percent of 88.26 the money must be deposited in the general fund. 88.27 [EFFECTIVE DATE.] This section is effective July 1, 2003. 88.28 Sec. 47. Minnesota Statutes 2000, section 299D.03, 88.29 subdivision 5, is amended to read: 88.30 Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines 88.31 and forfeited bail money, from traffic and motor vehicle law 88.32 violations, collected from persons apprehended or arrested by 88.33 officers of the state patrol, shall be paid by the person or 88.34 officer collecting the fines, forfeited bail money or 88.35 installments thereof, on or before the tenth day after the last 88.36 day of the month in which these moneys were collected, to the 89.1 county treasurer of the county where the violation occurred. 89.2 Three-eighths of these receipts shall be credited to the general 89.3 revenue fund of the county, except that in a county in a 89.4 judicial district under section 480.181, subdivision 1, 89.5 paragraph (b), as added in Laws 1999, chapter 216, article 7, 89.6 section 26, this three-eighths share must be transmitted to the 89.7 state treasurer for deposit in the state treasury and credited 89.8 to the general fund. The other five-eighths of these receipts 89.9 shall be transmitted by that officer to the state treasurer and 89.10 shall be creditedas follows:89.11(1) In the fiscal year ending June 30, 1991, the first89.12$275,000 in money received by the state treasurer after June 4,89.131991, must be credited to the transportation services fund, and89.14the remainder in the fiscal year credited to the trunk highway89.15fund.89.16(2) In fiscal year 1992, the first $215,000 in money89.17received by the state treasurer in the fiscal year must be89.18credited to the transportation services fund, and the remainder89.19credited to the trunk highway fund.89.20(3) In fiscal year 1993 and subsequent years, the entire89.21amount received by the state treasurer must be credited9/16 to 89.22 the trunk highway fund and 1/16 to the trooper training account 89.23 created in subdivision 6a. If, however, the violation occurs 89.24 within a municipality and the city attorney prosecutes the 89.25 offense, and a plea of not guilty is entered, one-third of the 89.26 receipts shall be credited to the general revenue fund of the 89.27 county, one-third of the receipts shall be paid to the 89.28 municipality prosecuting the offense, and one-third shall be 89.29 transmitted to the state treasureras provided in this89.30subdivisionand credited to the trunk highway fund. All costs 89.31 of participation in a nationwide police communication system 89.32 chargeable to the state of Minnesota shall be paid from 89.33 appropriations for that purpose. 89.34 (b) Notwithstanding any other provisions of law, all fines 89.35 and forfeited bail money from violations of statutes governing 89.36 the maximum weight of motor vehicles, collected from persons 90.1 apprehended or arrested by employees of the state of Minnesota, 90.2 by means of stationary or portable scales operated by these 90.3 employees, shall be paid by the person or officer collecting the 90.4 fines or forfeited bail money, on or before the tenth day after 90.5 the last day of the month in which the collections were made, to 90.6 the county treasurer of the county where the violation 90.7 occurred. Five-eighths of these receipts shall be transmitted 90.8 by that officer to the state treasurer and shall be credited to 90.9 the highway user tax distribution fund. Three-eighths of these 90.10 receipts shall be credited to the general revenue fund of the 90.11 county, except that in a county in a judicial district under 90.12 section 480.181, subdivision 1, paragraph (b), as added in Laws 90.13 1999, chapter 216, article 7, section 26, this three-eighths 90.14 share must be transmitted to the state treasurer for deposit in 90.15 the state treasury and credited to the general fund. 90.16 Sec. 48. Minnesota Statutes 2000, section 299D.03, 90.17 subdivision 6, is amended to read: 90.18 Subd. 6. [TRAINING PROGRAM.] The commissioner of public 90.19 safety may provide training programs for the purpose of 90.20 obtaining qualified personnel for the state patrol. Persons 90.21 accepted by the commissioner of public safety for training under 90.22 this training program shall be designated state patrol trainees 90.23 and shall receive a salary not to exceed 70 percent of the basic 90.24 salary for patrol officers as prescribed in subdivision 2, 90.25 during the period of the training. Nothing contained in this 90.26 subdivision shall be construed to prevent the commissioner of 90.27 public safety from providing in-service training programs for 90.28 state patrol officers. The commissioner of transportation shall 90.29 furnish the commissioner of public safety with lands and 90.30 buildings necessary in providing in-service training programs 90.31 and the department of public safety shall reimburse the 90.32 department of transportation for all reasonable costs incurred 90.33 due to the provision of these training facilities. All costs 90.34 related to in-service training programs for existing state 90.35 patrol troopers shall first be paid by the commissioner from 90.36 money in the trooper training account created in subdivision 6a 91.1 to the extent that funds are available in the account. 91.2 Sec. 49. Minnesota Statutes 2000, section 299D.03, is 91.3 amended by adding a subdivision to read: 91.4 Subd. 6a. [TROOPER TRAINING ACCOUNT.] A trooper training 91.5 account is created in the special revenue fund. The account 91.6 receives fines credited under subdivision 5 and other money as 91.7 specified by law. All funds in the account are annually 91.8 appropriated to the commissioner of public safety to be used for 91.9 in-service training programs for existing state patrol 91.10 troopers. The commissioner, as part of the department's 91.11 biennial budget, shall provide information on revenues deposited 91.12 in the account, past and proposed uses of the account, and the 91.13 available account balance. 91.14 Sec. 50. Minnesota Statutes 2000, section 299M.10, is 91.15 amended to read: 91.16 299M.10 [MONEY CREDITED TOGENERALSPECIAL REVENUE FUND; 91.17 APPROPRIATION.] 91.18 (a) The fees and penalties collected under this chapter, 91.19 except as provided in section 299M.07, must be deposited in the 91.20 state treasury and credited tothe generala state fire marshal 91.21 account in the special revenue fund. 91.22 (b) Money received by the state fire marshal division in 91.23 the form of gifts, grants, reimbursements, or appropriation from 91.24 any source for the administration of this chapter must also be 91.25 deposited in the state treasury and credited tothe generala 91.26 state fire marshal account in the special revenue fund. 91.27 (c) All money in the state fire marshal account is annually 91.28 appropriated to the commissioner for purposes of administering 91.29 this chapter. 91.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 91.31 Sec. 51. Minnesota Statutes 2000, section 299M.11, 91.32 subdivision 5, is amended to read: 91.33 Subd. 5. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 91.34 under this section must be deposited in the state treasury and 91.35 credited tothe generala state fire marshal account in the 91.36 special revenue fund. All money in the state fire marshal 92.1 account is annually appropriated to the commissioner for 92.2 purposes of administering this chapter. 92.3 [EFFECTIVE DATE.] This section is effective July 1, 2003. 92.4 Sec. 52. Minnesota Statutes 2000, section 446A.085, is 92.5 amended to read: 92.6 446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 92.7 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 92.8 section, the terms defined in this subdivision have the meanings 92.9 given them. 92.10(a) [ACT.](b) "Act" means the National Highway System 92.11 Designation Act of 1995, Public Law Number 104-59, as amended. 92.12(b) [BORROWER.](c) "Borrower" means the state, counties, 92.13 cities, and other governmental entities eligible under the act 92.14 and state law to apply for and receive loans from the 92.15 transportation revolving loan fund, the trunk highway revolving92.16loan account, the county state-aid highway revolving loan92.17account, and the municipal state-aid street revolving loan92.18account. 92.19(c) [DEPARTMENT.] "Department" means the department of92.20transportation.92.21 (d)[LOAN.]"Loan" means financial assistance provided for 92.22 all or part of the cost of a project including money disbursed 92.23 in anticipation of reimbursement or repayment, loan guarantees, 92.24 lines of credit, credit enhancements, equipment financing 92.25 leases, bond insurance, or other forms of financial assistance. 92.26 (e)[TRANSPORTATION COMMITTEE.]"Transportation committee" 92.27 means a committee of the Minnesota public facilities authority, 92.28 acting on behalf of the Minnesota public facilities authority, 92.29 consisting of the commissioner of the department of trade and 92.30 economic development, the commissioner of finance, and the 92.31 commissioner of transportation. 92.32 Subd. 2. [PURPOSE.] The purpose of the transportation 92.33 revolving loan fund, the trunk highway revolving loan account,92.34the county state-aid highway revolving loan account, and the92.35municipal state-aid street revolving loan accountis to provide 92.36 loansand matching moneyfor public transportation projects 93.1 eligible for financing or aid under any federal act or program 93.2 or state law, including, without limitation, the study of the 93.3 feasibility of construction, reconstruction, resurfacing, 93.4 restoring, rehabilitation, or replacement of transportation 93.5 facilities; acquisition of right-of-way; and maintenance, 93.6 repair, improvement, or construction of city, town, county, or 93.7 state highways, roads, streets, rights-of-way, bridges, tunnels, 93.8 railroad-highway crossings, drainage structures, signs, 93.9 maintenance and operation facilities, guardrails, and protective 93.10 structures used in connection with highways or transit projects. 93.11 Enhancement items, including without limitation bicycle paths, 93.12 ornamental lighting, and landscaping, are eligible for financing 93.13 provided they are an integral part of overall project design and 93.14 construction of a federal-aid highway. Money in the fund may 93.15 not be used for any toll facilities project or 93.16 congestion-pricing project. 93.17 Subd. 3. [ESTABLISHMENT OF FUND.] A transportation 93.18 revolving loan fund is established to make loans for the 93.19 purposes described in subdivision 2. A highway account is 93.20 established in the fund for highway projects eligible under 93.21 United States Code, title 23. A transit account is established 93.22 in the fund for transit capital projects eligible under United 93.23 States Code, title 49. A state funds general loan account is 93.24 established in the fund for transportation projects eligible 93.25 under state law. Other accounts may be established in the fund 93.26 as necessary for its management and administration. The 93.27 transportation revolving loan fundshall receivereceives 93.28 federal money under the act and money from any source. Money 93.29 received under this section must be paid to the state treasurer 93.30 and credited to the transportation revolving loan fund. Money 93.31 in the fund is annually appropriated to thecommissioner93.32 authority and does not lapse. The fund must be credited with 93.33 investment income, and with repayments of principal and 93.34 interest, except for servicing fees assessed under sections 93.35 446A.04, subdivision 5, and 446A.11, subdivision 8. 93.36 Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 94.1 shall manage and administer the transportation revolving loan 94.2 fund, the trunk highway revolving loan account, the county94.3state-aid highway revolving loan account, and the municipal94.4state-aid street revolving loan accountand individual accounts 94.5 in the fund. For those purposes, the authority may exercise all 94.6 powers provided in this chapter. 94.7Subd. 5. [TRANSFER OF MONEY.] With the consent of the94.8transportation committee, the commissioner of transportation may94.9transfer money from the trunk highway revolving loan account to94.10the trunk highway fund, from the county state-aid highway94.11revolving loan account to the county state-aid highway fund, and94.12from the municipal state-aid street revolving loan account to94.13the municipal state-aid street fund.94.14 Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation 94.15 committee may authorize the making of loans to borrowers by the 94.16 authority for transportation purposes authorized by the act or 94.17 this section, without further action by the authority. The 94.18 authority may not make loans for transportation purposes without 94.19 the approval of the transportation committee. Each project must 94.20 be certified by the commissioner of transportation before its 94.21 consideration by the transportation committee. 94.22 Subd. 7. [APPLICATIONS.] Applicants for loans must submit 94.23 an application to the transportation committee on forms 94.24 prescribed by the transportation committee. The applicant must 94.25 provide the following information: 94.26 (1) the estimated cost of the project and the amount of the 94.27 loan sought; 94.28 (2) other possible sources of funding in addition to loans 94.29 sought from the transportation revolving loan fund, the trunk94.30highway revolving loan account, the county state-aid highway94.31revolving loan account, or the municipal state-aid street94.32revolving loan account; 94.33 (3) the proposed methods and sources of funds to be used 94.34 for repayment of loans received; and 94.35 (4) information showing the financial status and ability of 94.36 the borrower to repay loans. 95.1 Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of 95.2 transportation shall consider the following information when 95.3 evaluating projects to certify for funding to the transportation 95.4 committee: 95.5 (1) a description of the nature and purpose of the proposed 95.6 transportation project including an explanation of the need for 95.7 the project and the reasons why it is in the public interest; 95.8 (2) the relationship of the project to the area 95.9 transportation improvement program, the approved statewide 95.10 transportation improvement program, and to anyother95.11 transportation plans required under state or federal law; 95.12 (3) the estimated cost of the project and the amount of 95.13 loans sought; 95.14 (4) proposed sources of funding in addition to loans sought 95.15 from the transportation revolving loan fund, the trunk highway95.16revolving loan account, the county state-aid highway revolving95.17loan account, or municipal state-aid street revolving loan95.18account; 95.19 (5) the need for the project as part of the overall 95.20 transportation system; 95.21 (6) the overall economic impact of the project; and 95.22 (7) the extent to which completion of the project will 95.23 improve the movement of people and freight. 95.24 Subd. 9. [LOAN CONDITIONS.] When making loans from the 95.25 transportation revolving loan fund,the trunk highway revolving95.26loan account, the county state-aid highway revolving loan95.27account, or the municipal state-aid street revolving loan95.28account,the transportation committee shall comply with the 95.29conditionsapplicable provisions of the act and state law. In 95.30 addition, a loan made under this section must: 95.31 (1) bear interest at or below market rates or as otherwise 95.32 specified in federal law; 95.33 (2) have a repayment term not longer than 30 years; 95.34 (3) be fully amortized no later than 30 years after project 95.35 completion; 95.36 (4) be subject to repayment of principal and interest 96.1 beginning not later than five years after the facility financed 96.2 with a loan has been completed, or in the case of a highway 96.3 project, five years after the facility has opened to traffic; 96.4 and 96.5 (5) bemadedisbursed for specific project elements only 96.6 after allfederalapplicable environmental requirements 96.7applicable to the projecthave beencomplied with and all96.8federal environmental requirements have beenmet. 96.9 Subd. 10. [LOANS IN ANTICIPATION OF FUTURE 96.10 APPORTIONMENTS.] A loan may be made to a county, or to a 96.11 statutory or home rule charter city having a population of 5,000 96.12 or more, in anticipation of repayment of the loan from sums that 96.13 will be apportioned to a county from the county state-aid 96.14 highway fund under section 162.07 or to a city from the 96.15 municipal state-aid street fund under section 162.14. 96.16 Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 96.17 allocation provisions of section 162.08 for counties, and the 96.18 apportionment provisions of section 162.14 for cities, sums 96.19 apportioned under section 162.13 to a statutory or home rule 96.20 charter city, or under section 162.07 to a county, that has loan 96.21 repayments due to the transportation revolving loan fund,the96.22trunk highway revolving loan account, the county state-aid96.23highway revolving loan account, or the municipal state-aid96.24street revolving loan accountshall be paid by the commissioner 96.25 of transportation to the appropriate loan fundor accountto 96.26 offset the loan repayments that are due. 96.27 Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND 96.28 AUTHORITY.] The commissioner of the department of trade and 96.29 economic development shall adopt administrative rules specifying 96.30 the procedures that will be used for the administration of the 96.31 duties of the transportation committee and authority. The rules 96.32 must include criteria, standards, and procedures that will be 96.33 used for making loans, determining interest rates to be charged 96.34 on loans, the amount of project financing to be provided, the 96.35 collateral that will be required, the requirements for dedicated 96.36 sources of revenue or income streams to ensure repayment of 97.1 loans, and the length of repayment terms. 97.2 Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The 97.3 commissioner of transportation shall establish, adopt rules for, 97.4 and implement a program to identify, assist with the development 97.5 of, and certify projects eligible for loans under the act to the 97.6 transportation committee. Until rules are adopted by the 97.7 commissioner of transportation, the commissioner of 97.8 transportation may certify to the transportation committee any 97.9 project that has been reviewed through an approved planning 97.10 process that qualifies the project to be included in the 97.11 statewide transportation program or amended into the statewide 97.12 transportation improvement program. 97.13 Subd. 14. [JOINT RULES.] The commissioner of the 97.14 department of trade and economic development and the 97.15 commissioner of transportation may adopt a single set of rules. 97.16 [EFFECTIVE DATE.] This section is effective the day 97.17 following final enactment. 97.18 Sec. 53. Minnesota Statutes 2000, section 473.859, 97.19 subdivision 2, is amended to read: 97.20 Subd. 2. [LAND USE PLAN.] A land use plan shall include 97.21 the water management plan required by section 103B.235, and 97.22 shall designate the existing and proposed location, intensity 97.23 and extent of use of land and water, including lakes, wetlands, 97.24 rivers, streams, natural drainage courses, and adjoining land 97.25 areas that affect water natural resources, for agricultural, 97.26 residential, commercial, industrial and other public and private 97.27 purposes, or any combination of such purposes. A land use plan 97.28 shall contain a protection element, as appropriate, for historic 97.29 sites, the matters listed in the water management plan required 97.30 by section 103B.235, and an element for protection and 97.31 development of access to direct sunlight for solar energy 97.32 systems. A land use plan shall also include a housing element 97.33 containing standards, plans and programs for providing adequate 97.34 housing opportunities to meet existing and projected local and 97.35 regional housing needs, including but not limited to the use of 97.36 official controls and land use planning to promote the 98.1 availability of land for the development of low and moderate 98.2 income housing. A land use plan shall also include 98.3 consideration of the protection and development of aggregate 98.4 resources. 98.5 [EFFECTIVE DATE.] This section is effective July 1, 2001, 98.6 and applies in the counties of Anoka, Carver, Dakota, Hennepin, 98.7 Ramsey, Scott, and Washington. 98.8 Sec. 54. [473.920] [METROPOLITAN TRANSPORTATION 98.9 IMPROVEMENT BOARD.] 98.10 Subdivision 1. [GENERAL.] The metropolitan transportation 98.11 improvement board is established and shall be organized, 98.12 structured, and administered as provided in this section. 98.13 Subd. 2. [MEMBERSHIP; QUALIFICATIONS.] The board shall 98.14 consist of seven members appointed one each by the county boards 98.15 of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 98.16 Scott, and Washington. 98.17 Subd. 3. [CHAIR.] The chair shall annually be elected by 98.18 and from among the seven board members. The chair shall preside 98.19 at all meetings of the board, if present, and shall perform all 98.20 other duties and functions assigned by the board or by law. The 98.21 board may appoint from among its members a vice-chair to act for 98.22 the chair during temporary absence or disability. 98.23 Subd. 4. [TERMS.] The term of each member shall be two 98.24 years. The terms shall continue until a successor is appointed 98.25 and qualified. 98.26 Subd. 5. [VACANCIES.] A vacancy shall be filled by the 98.27 appointing authority in the same manner in which the original 98.28 appointment was made. 98.29 Subd. 6. [COMPENSATION.] Members serve without 98.30 compensation but shall be reimbursed for all actual and 98.31 necessary expenses incurred in the performance of duties. The 98.32 annual budget of the board shall provide a separate account for 98.33 anticipated expenditures and associated expenses for the chair 98.34 and members. Reimbursement shall be made only when budgeted. 98.35 Subd. 7. [MEETINGS.] The board shall meet at least once 98.36 per year at such time and place as the board shall by resolution 99.1 designate. Special meetings may be held at any time upon the 99.2 call of the chair or a majority of the members upon written 99.3 notice to each member at least three days before the meeting or 99.4 upon other notice the board may by resolution provide. Unless 99.5 otherwise provided, any action within the authority of the board 99.6 may be taken by affirmative vote of a majority of the members. 99.7 A majority of all of the members of the board shall constitute a 99.8 quorum. 99.9 [EFFECTIVE DATE.] This section does not take effect if the 99.10 question in the special election in section 57 does not receive 99.11 an affirmative vote. If the question does receive an 99.12 affirmative vote, this section is repealed when all projects 99.13 referenced in section 473.922, subdivision 6, clause (2), are 99.14 completed. 99.15 Sec. 55. [473.922] [POWERS OF THE METROPOLITAN 99.16 TRANSPORTATION IMPROVEMENT BOARD.] 99.17 Subdivision 1. [METROPOLITAN TRANSPORTATION AREA.] 99.18 "Metropolitan transportation area" means the counties of: 99.19 Anoka; Carver; Dakota, excluding the city of Northfield; 99.20 Hennepin, excluding the city of Hanover; Ramsey; Scott, 99.21 excluding the city of New Prague; and Washington. 99.22 Subd. 2. [GENERAL.] The board shall have all powers 99.23 necessary to discharge the duties imposed by law, including, but 99.24 not limited to, those specified in this section. 99.25 Subd. 3. [ACTIONS.] The board may sue and be sued and 99.26 shall be a public body within the meaning of chapter 562. 99.27 Subd. 4. [SALES AND USE TAX AUTHORIZED.] Notwithstanding 99.28 section 477A.016 or any other provision of law, ordinance, or 99.29 city charter, if approved by a majority of the voters in the 99.30 metropolitan transportation area at an election described in 99.31 section 57, the board may impose by resolution a sales and use 99.32 tax of up to one-half of one percent on sales in the 99.33 metropolitan transportation area for the purposes specified in 99.34 subdivision 6. Except as otherwise provided in this section, 99.35 the provisions of section 297A.99 govern the imposition, 99.36 administration, collection, and enforcement of the tax 100.1 authorized under this subdivision. 100.2 Subd. 5. [EXCISE TAX AUTHORIZED.] Notwithstanding section 100.3 477A.016 or any other provision of law, ordinance, or city 100.4 charter, if approved by a majority of the voters in the 100.5 metropolitan transportation area at an election described in 100.6 section 57, the board may impose by resolution, for the purposes 100.7 specified in subdivision 6, an excise tax of up to $20 per motor 100.8 vehicle, as defined by resolution, purchased or acquired from 100.9 any person engaged within the metropolitan transportation area 100.10 in the business of selling motor vehicles at retail. 100.11 Subd. 6. [USE OF REVENUES.] Revenues received from taxes 100.12 authorized by subdivisions 4 and 5 must be used by the 100.13 metropolitan transportation improvement board to pay the cost of 100.14 collecting the taxes, expenses of the board, cost of the audit 100.15 under subdivision 8, and for transfer as follows: 100.16 (1) at least $30,000,000 each year to the metropolitan 100.17 council, upon its request, to pay for acquisition of buses, 100.18 highway shoulder improvements for buses, and other capital 100.19 expenses related to the metropolitan area bus system; and 100.20 (2) the remaining amount to the trunk highway fund for 100.21 expenditure by the commissioner of transportation, at the times 100.22 and in the amounts requested by the commissioner, to pay to 100.23 complete those metropolitan highway system improvement, 100.24 replacement, and bottleneck removal projects and those 100.25 metropolitan system highway expansion projects identified in the 100.26 transportation policy plan, tables 8 and 10, adopted January 24, 100.27 2001, by the metropolitan council. The commissioner must 100.28 complete letting all the projects referenced in this clause no 100.29 later than June 30, 2011. 100.30 Subd. 7. [TERMINATION OF TAXES.] Notwithstanding section 100.31 297A.99, the taxes imposed under subdivisions 4 and 5 expire 100.32 when the commissioner of transportation has completed 100.33 construction of all projects referenced in subdivision 6, clause 100.34 (2). 100.35 Subd. 8. [AUDIT.] The legislative auditor shall make an 100.36 independent audit of the board's books and accounts once each 101.1 year or as often as the legislative auditor's funds and 101.2 personnel permit. The costs of the audits shall be paid by the 101.3 board under section 3.9741. 101.4 [EFFECTIVE DATE.] This section is effective upon an 101.5 affirmative vote by a majority of the electors in the special 101.6 election held under section 57, except that subdivisions 5 and 101.7 6, following an affirmative vote, are effective as to sales made 101.8 on and after July 1, 2002. This section is repealed when all 101.9 projects referenced in subdivision 6, clause (2), are completed. 101.10 Sec. 56. Laws 1999, chapter 238, article 1, section 2, 101.11 subdivision 7, is amended to read: 101.12 Subd. 7. State Roads 912,625,000 923,769,000 101.13 Summary by Fund 101.14 General 59,000 9,000 101.15 Trunk Highway 912,566,000 923,760,000 101.16 The amounts that may be spent from this 101.17 appropriation for each activity are as 101.18 follows: 101.19 (a) State Road Construction 101.20 516,684,000 521,707,000 101.21 It is estimated that these 101.22 appropriations will be funded as 101.23 follows: 101.24 Federal Highway Aid 101.25 275,000,000 275,000,000 101.26 Highway User Taxes 101.27 241,684,000 246,707,000 101.28 The commissioner of transportation 101.29 shall notify the chair of the 101.30 transportation budget division of the 101.31 senate and chair of the transportation 101.32 finance committee of the house of 101.33 representatives quarterly of any events 101.34 that should cause these estimates to 101.35 change. 101.36 This appropriation is for the actual 101.37 construction, reconstruction, and 101.38 improvement of trunk highways. This 101.39 includes the cost of actual payment to 101.40 landowners for lands acquired for 101.41 highway rights-of-way, payment to 101.42 lessees, interest subsidies, and 101.43 relocation expenses. 101.44 The commissioner may transfer up to 101.45 $15,000,000 each year to the trunk 101.46 highway revolving loan account. 102.1 The commissioner may receive money 102.2 covering other shares of the cost of 102.3 partnership projects. These receipts 102.4 are appropriated to the commissioner 102.5 for these projects. 102.6 (b) Highway Debt Service 102.7 13,949,000 13,175,000 102.8 $3,949,000 the first year and 102.9 $3,175,000 the second year are for 102.10 transfer to the state bond fund. 102.11 If this appropriation is insufficient 102.12 to make all transfers required in the 102.13 year for which it is made, the 102.14 commissioner of finance shall notify 102.15 the committee on state government 102.16 finance of the senate and the committee 102.17 on ways and means of the house of 102.18 representatives of the amount of the 102.19 deficiency and shall then transfer that 102.20 amount under the statutory open 102.21 appropriation. 102.22 Any excess appropriation must be 102.23 canceled to the trunk highway fund. 102.24 (c) Research and Investment Management 102.25 12,450,000 12,597,000 102.26 $600,000 the first year and $600,000 102.27 the second year are available for 102.28 grants for transportation studies 102.29 outside the metropolitan area to 102.30 identify critical concerns, problems, 102.31 and issues. These grants are available 102.32 to (1) regional development 102.33 commissions, and (2) in regions where 102.34 no regional development commission is 102.35 functioning, joint powers boards 102.36 established under agreement of two or 102.37 more political subdivisions in the 102.38 region to exercise the planning 102.39 functions of a regional development 102.40 commission, and (3) in regions where no 102.41 regional development commission or 102.42 joint powers board is functioning, the 102.43 department's district office for that 102.44 region. 102.45 $216,000 the first year and $216,000 102.46 the second year are available for 102.47 grants to metropolitan planning 102.48 organizations outside the seven-county 102.49 metropolitan area. 102.50 $75,000 the first year and $25,000 the 102.51 second year are for transportation 102.52 planning relating to the 2000 census. 102.53 This appropriation may not be added to 102.54 the agency's budget base. 102.55 $75,000 the first year and $75,000 the 102.56 second year are for a transportation 102.57 research contingent account to finance 102.58 research projects that are reimbursable 102.59 from the federal government or from 102.60 other sources. If the appropriation 103.1 for either year is insufficient, the 103.2 appropriation for the other year is 103.3 available for it. 103.4 (d) Central Engineering Services 103.5 68,563,000 70,940,000 103.6 (e) Design and Construction Engineering 103.7 80,592,000 83,246,000 103.8 $1,000,000 the first year and $500,000 103.9 the second year are for transportation 103.10 planning relating to the 2000 census. 103.11 This appropriation may not be added to 103.12 the agency's budget base. 103.13 (f) State Road Operations 103.14 214,703,000 216,561,000 103.15 $1,000,000 each year are for 103.16 enhancements to the freeway operations 103.17 program in the metropolitan area. 103.18 $1,000,000 the first year and 103.19 $1,000,000 the second year are for 103.20 maintenance services including rest 103.21 area maintenance, vehicle insurance, 103.22 ditch assessments, and tort claims. 103.23 $3,000,000 the first year and 103.24 $1,000,000 the second year are for 103.25 improved highway striping. 103.26 $500,000 the first year and $500,000 103.27 the second year are for safety 103.28 technology applications. 103.29 $150,000 the first year and $150,000 103.30 the second year are for statewide asset 103.31 preservation and repair. 103.32 $750,000 the first year and $750,000 103.33 the second year are for the 103.34 implementation of the transportation 103.35 worker concept. 103.36 The commissioner shall establish a task 103.37 force to study seasonal road 103.38 restrictions and report to the 103.39 legislature its findings and any 103.40 recommendations for legislative 103.41 action. The commissioner shall appoint 103.42 members representing: 103.43 (1) aggregate and ready-mix producers; 103.44 (2) solid waste haulers; 103.45 (3) liquid waste haulers; 103.46 (4) the logging industry; 103.47 (5) the construction industry; and 103.48 (6) agricultural interests. 103.49 The task force shall report to the 103.50 legislature by February 1, 2000, on its 104.1 findings and recommendations. 104.2 (g) Electronic Communications 104.3 5,684,000 5,543,000 104.4 Summary by Fund 104.5 General 59,000 9,000 104.6 Trunk Highway 5,625,000 5,534,000 104.7 $9,000 the first year and $9,000 the 104.8 second year are from the general fund 104.9 for equipment and operation of the 104.10 Roosevelt signal tower for Lake of the 104.11 Woods weather broadcasting. 104.12 $50,000 the first year from the general 104.13 fund is for purchase of equipment for 104.14 the 800 MHz public safety radio system. 104.15 $200,000 the first year is from the 104.16 trunk highway fund for costs resulting 104.17 from the termination of agreements made 104.18 under article 2, sections 31 and 89, 104.19 and Minnesota Statutes, section 174.70, 104.20 subdivision 2. This appropriation does 104.21 not cancel but is available until spent. 104.22 In each year of the biennium the 104.23 commissioner shall request the 104.24 commissioner of administration to 104.25 request bids for the purchase of 104.26 digital mobile and portable radios to 104.27 be used on the metropolitan regional 104.28 public safety radio communications 104.29 system. 104.30 [EFFECTIVE DATE.] This section is effective the day 104.31 following final enactment. 104.32 Sec. 57. [ELECTION.] 104.33 The secretary of state, in cooperation with the county 104.34 auditors of the metropolitan transportation area, shall conduct 104.35 a special election in the metropolitan transportation area at 104.36 the time of the general election the Tuesday after the first 104.37 Monday in November 2001. The following question shall appear on 104.38 the ballot: 104.39 "Shall an additional tax of one-half of one percent be 104.40 temporarily imposed on sales in the metropolitan area and an 104.41 excise tax of $20 on each motor vehicle retail sale by a dealer 104.42 in the metropolitan area to pay for transportation improvements 104.43 to relieve traffic congestion in the metropolitan area?" 104.44 If a majority of the electors voting on the question answer 104.45 the question in the affirmative, the metropolitan transportation 105.1 improvement board is authorized to impose the taxes described in 105.2 Minnesota Statutes, section 473.922, subdivisions 4 and 5. 105.3 Sec. 58. [REPORT.] 105.4 In each year during the period of imposition of the taxes 105.5 authorized in Minnesota Statutes, section 473.922, subdivisions 105.6 4 and 5, the commissioner of transportation and the metropolitan 105.7 council shall report by February 1 to the house and senate 105.8 committees having jurisdiction over transportation policy and 105.9 finance, concerning the revenues received from the metropolitan 105.10 transportation improvement board and the expenditures of that 105.11 money. 105.12 Sec. 59. [IMPORTANCE.] 105.13 The Little Elk Heritage Preserve, a 92.25-acre 105.14 archaeological park and nature preserve on the Mississippi river 105.15 near Little Falls, contains a unique cluster of cultural and 105.16 natural resources that together document diverse human 105.17 activities and connections to natural environments in central 105.18 Minnesota over thousands of years. The resources at Little Elk 105.19 Heritage Preserve include archaeological remains identified with 105.20 ancient native America, the colonial fur trade, early Dakota and 105.21 Ojibwe life, Black and women's history, Mississippi valley 105.22 exploration, a mission farm and school, United States Indian 105.23 treaties, territorial period homesteading and townsite 105.24 development, the conflict of 1862, hunting, gathering, 105.25 portaging, quarrying, logging, farming, dam-building, grist 105.26 milling, saw milling, and wood products manufacturing. Ongoing 105.27 research programs explore and interpret these important 105.28 resources. 105.29 Sec. 60. [OWNERSHIP.] 105.30 The site described in section 59 is owned and administered 105.31 by the Institute for Minnesota Archaeology. The state register 105.32 of historic places listing includes those portions of the 105.33 preserve that contain significant archaeological or historic 105.34 resources. The Institute for Minnesota Archaeology is a private 105.35 nonprofit organization dedicated to historical and 105.36 archaeological research, education, and stewardship. 106.1 Sec. 61. [TEMPORARY SUSPENSION OF I-35W/TRUNK HIGHWAY NO. 106.2 62 CLOSURE AND TRANSPORTATION CONSTRUCTION PROJECT.] 106.3 Subdivision 1. [SUSPENSION OF WORK.] The commissioner of 106.4 transportation, for 12 months after enactment of this section, 106.5 shall suspend work on the marked interstate highway I-35W/trunk 106.6 highway marked No. 62 closure and improvement project, involving 106.7 separation of the two roadways in the commons area, replacement 106.8 of ramps, construction of a high-occupancy vehicle lane, and 106.9 changes in access. 106.10 Subd. 2. [REPORT.] On or before February 15, 2002, the 106.11 commissioner of transportation shall submit a report and 106.12 recommendations to the house of representatives and senate 106.13 committees with jurisdiction over transportation policy and 106.14 finance. The report and recommendations must include: 106.15 (1) a plan, developed in consultation with the metropolitan 106.16 council, to provide adequate public transit during the period of 106.17 highway closure among and within the affected communities, and 106.18 specific plans for detours; 106.19 (2) alternative, feasible designs for the construction 106.20 project described in subdivision 1 that will: 106.21 (i) increase capacity; 106.22 (ii) maintain the current right-of-way; 106.23 (iii) not close the Lyndale access; and 106.24 (iv) include a transit component, which may require buses, 106.25 busways, rail, or high occupancy vehicle lanes; 106.26 (3) a 20-year study/projection of traffic demand in the 106.27 corridors affected by the construction project; and 106.28 (4) methods for completing the project in the most timely 106.29 manner and costs associated with accelerating completion of the 106.30 project. 106.31 Sec. 62. [STUDY OF BRIDGE JURISDICTION.] 106.32 (a) The commissioner of transportation shall study the 106.33 advantages, disadvantages, concerns, desirability, and 106.34 feasibility of assuming, sharing, or not assuming jurisdiction 106.35 and responsibility for all or a portion of bridges comprising 106.36 the major, navigable river crossings in Minnesota that are now, 107.1 or are scheduled to be, under the jurisdiction of local road 107.2 authorities. The commissioner shall evaluate jurisdiction and 107.3 responsibility for the bridges in terms of: 107.4 (1) present and future needs for financing and conducting 107.5 emergency or scheduled construction, replacement, 107.6 reconstruction, rehabilitation, expansion, repair, maintenance, 107.7 and inspection; and 107.8 (2) expectations of complete, partial, or matching federal 107.9 or state funding. 107.10 (b) The commissioner shall make findings and 107.11 recommendations and submit a written report to the chairs of the 107.12 transportation policy and budget committees of the senate and 107.13 house of representatives, as well as the required number of 107.14 copies to the legislative reference library, by January 2, 2002. 107.15 Sec. 63. [SPEED REDUCTION AWARENESS.] 107.16 The commissioner of public safety shall develop and 107.17 implement a long-range plan to promote awareness among drivers 107.18 of the need for reduced speed in proximity to stopped emergency 107.19 vehicles. 107.20 Sec. 64. [STATE TROOPER TRAINING REPORT.] 107.21 On or before February 15, 2002, the commissioner of public 107.22 safety shall present to the committees having jurisdiction over 107.23 transportation policy and finance in the house of 107.24 representatives and the senate an evaluation of the efficiency 107.25 and cost-effectiveness of the present recruit training program, 107.26 and a comparison of the effectiveness and potential cost-savings 107.27 of alternative training formats with the current academy format. 107.28 Sec. 65. [ADJUSTMENT TO CITY OF CHISHOLM POPULATION BY 107.29 ERROR MARGIN TO KEEP AID.] 107.30 If, by an upward adjustment of three percent in the 2000 107.31 United States census of population of the city of Chisholm, the 107.32 city's population continues eligibility for an aid, grant, loan, 107.33 or other program of financial assistance of the state, the 107.34 upward adjustment must be included in the city's population 107.35 solely for purposes of the program's benefits until a later 107.36 federal census, as similarly adjusted, no longer makes the city 108.1 eligible for the program's benefits. 108.2 Sec. 66. [REPEALER.] 108.3 Minnesota Statutes 2000, sections 174.22, subdivision 9; 108.4 and 174.32, subdivisions 2 and 4, are repealed. 108.5 ARTICLE 5 108.6 PUBLIC SERVICE CONSOLIDATION 108.7 Section 1. [CONSOLIDATION OF STATE REGULATION OF 108.8 COMMERCE.] 108.9 In order to make state government more efficient and 108.10 effective and to accomplish more efficient and effective 108.11 regulation of commerce in Minnesota, all of the powers, rights, 108.12 responsibilities, and duties that remain in the department of 108.13 public service after reorganization order No. 181 are 108.14 transferred to the department of commerce under Minnesota 108.15 Statutes, section 15.039. This transfer is governed in all 108.16 respects by Minnesota Statutes, section 15.039. The department 108.17 of public service is abolished. 108.18 Sec. 2. Minnesota Statutes 2000, section 3C.12, 108.19 subdivision 2, is amended to read: 108.20 Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute 108.21 without charge copies of each edition of Minnesota Statutes, 108.22 supplements to Minnesota Statutes, and Laws of Minnesota to the 108.23 persons or bodies listed in this subdivision. Before 108.24 distributing the copies, the revisor shall inform these persons 108.25 or bodies of the cost of the publication and the availability of 108.26 statutes and session laws on the Internet, and shall ask whether 108.27 their work requires the full number of copies authorized by this 108.28 subdivision. Unless a smaller number is needed, the revisor 108.29 shall distribute: 108.30 (a) 30 copies to the supreme court; 108.31 (b) 30 copies to the court of appeals; 108.32 (c) one copy to each judge of a district court; 108.33 (d) one copy to the court administrator of each district 108.34 court for use in each courtroom of the district court; 108.35 (e) one copy to each judge, district attorney, clerk of 108.36 court of the United States, and deputy clerk of each division of 109.1 the United States district court in Minnesota; 109.2 (f) 100 copies to the office of the attorney general; 109.3 (g) ten copies each to the governor's office, the 109.4 departments of agriculture,commerce,corrections, children, 109.5 families, and learning, finance, health, transportation, labor 109.6 and industry, economic security, natural resources, public 109.7 safety,public service,human services, revenue, and the 109.8 pollution control agency; 109.9 (h) two copies each to the lieutenant governor and the 109.10 state treasurer; 109.11 (i) 20 copies each to thedepartmentdepartments of 109.12 administration and commerce, state auditor, and legislative 109.13 auditor; 109.14 (j) one copy each to other state departments, agencies, 109.15 boards, and commissions not specifically named in this 109.16 subdivision; 109.17 (k) one copy to each member of the legislature; 109.18 (l) 150 copies for the use of the senate and 200 copies for 109.19 the use of the house of representatives; 109.20 (m) 50 copies to the revisor of statutes from which the 109.21 revisor shall send the appropriate number to the Library of 109.22 Congress for copyright and depository purposes; 109.23 (n) four copies to the secretary of the senate; 109.24 (o) four copies to the chief clerk of the house of 109.25 representatives; 109.26 (p) 100 copies to the state law library; 109.27 (q) 100 copies to the law school of the University of 109.28 Minnesota; 109.29 (r) five copies each to the Minnesota historical society 109.30 and the secretary of state; 109.31 (s) one copy each to the public library of the largest 109.32 municipality of each county if the library is not otherwise 109.33 eligible to receive a free copy under this section or section 109.34 15.18; and 109.35 (t) one copy to each county library maintained pursuant to 109.36 chapter 134, except in counties containing cities of the first 110.1 class. If a county has not established a county library 110.2 pursuant to chapter 134, the copy shall be provided to any 110.3 public library in the county. 110.4 Sec. 3. Minnesota Statutes 2000, section 13.679, is 110.5 amended to read: 110.6 13.679 [DEPARTMENT OF PUBLIC SERVICE DATA.] 110.7 Subdivision 1. [TENANT.] Data collected by thedepartment110.8of public servicecommissioner of commerce that reveals the 110.9 identity of a tenant who makes a complaint regarding energy 110.10 efficiency standards for rental housing are private data on 110.11 individuals. 110.12 Subd. 2. [UTILITY OR TELEPHONE COMPANY EMPLOYEE OR 110.13 CUSTOMER.] (a) The following are private data on individuals: 110.14 data collected by thedepartment of public servicecommissioner 110.15 of commerce or the public utilities commission, including the 110.16 names or any other data that would reveal the identity of either 110.17 an employee or customer of a telephone company or public utility 110.18 who files a complaint or provides information regarding a 110.19 violation or suspected violation by the telephone company or 110.20 public utility of any federal or state law or rule; except this 110.21 data may be released as needed to law enforcement authorities. 110.22 (b) The following are private data on individuals: data 110.23 collected by the commission or thedepartment of public service110.24 commissioner of commerce on individual public utility or 110.25 telephone company customers or prospective customers, including 110.26 copies of tax forms, needed to administer federal or state 110.27 programs that provide relief from telephone company bills, 110.28 public utility bills, or cold weather disconnection. The 110.29 determination of eligibility of the customers or prospective 110.30 customers may be released to public utilities or telephone 110.31 companies to administer the programs. 110.32 Sec. 4. Minnesota Statutes 2000, section 15.01, is amended 110.33 to read: 110.34 15.01 [DEPARTMENTS OF THE STATE.] 110.35 The following agencies are designated as the departments of 110.36 the state government: the department of administration; the 111.1 department of agriculture; the department of commerce; the 111.2 department of corrections; the department of children, families, 111.3 and learning; the department of economic security; the 111.4 department of trade and economic development; the department of 111.5 finance; the department of health; the department of human 111.6 rights; the department of labor and industry; the department of 111.7 military affairs; the department of natural resources; the 111.8 department of employee relations; the department of public 111.9 safety;the department of public service;the department of 111.10 human services; the department of revenue; the department of 111.11 transportation; the department of veterans affairs; and their 111.12 successor departments. 111.13 Sec. 5. Minnesota Statutes 2000, section 15.06, 111.14 subdivision 1, is amended to read: 111.15 Subdivision 1. [APPLICABILITY.] This section applies to 111.16 the following departments or agencies: the departments of 111.17 administration, agriculture, commerce, corrections, economic 111.18 security, children, families, and learning, employee relations, 111.19 trade and economic development, finance, health, human rights, 111.20 labor and industry, natural resources, public safety,public111.21service,human services, revenue, transportation, and veterans 111.22 affairs; the housing finance and pollution control agencies; the 111.23 office of commissioner of iron range resources and 111.24 rehabilitation; the bureau of mediation services; and their 111.25 successor departments and agencies. The heads of the foregoing 111.26 departments or agencies are "commissioners." 111.27 Sec. 6. Minnesota Statutes 2000, section 15A.0815, 111.28 subdivision 2, is amended to read: 111.29 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 111.30 positions in this subdivision may not exceed 95 percent of the 111.31 salary of the governor: 111.32 Commissioner of administration; 111.33 Commissioner of agriculture; 111.34 Commissioner of children, families, and learning; 111.35 Commissioner of commerce; 111.36 Commissioner of corrections; 112.1 Commissioner of economic security; 112.2 Commissioner of employee relations; 112.3 Commissioner of finance; 112.4 Commissioner of health; 112.5 Executive director, higher education services office; 112.6 Commissioner, housing finance agency; 112.7 Commissioner of human rights; 112.8 Commissioner of human services; 112.9 Executive director, state board of investment; 112.10 Commissioner of labor and industry; 112.11 Commissioner of natural resources; 112.12 Director of office of strategic and long-range planning; 112.13 Commissioner, pollution control agency; 112.14 Commissioner of public safety; 112.15Commissioner, department of public service;112.16 Commissioner of revenue; 112.17 Commissioner of trade and economic development; 112.18 Commissioner of transportation; and 112.19 Commissioner of veterans affairs. 112.20 Sec. 7. Minnesota Statutes 2000, section 16B.32, 112.21 subdivision 2, is amended to read: 112.22 Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 112.23 (a) The commissioner of administration in consultation with 112.24 thedepartment of public servicecommissioner of commerce, in 112.25 cooperation with one or more public utilities or comprehensive 112.26 energy services providers, may conduct a shared-savings program 112.27 involving energy conservation expenditures on state-owned 112.28 buildings. The public utility or energy services provider shall 112.29 contract with appropriate state agencies to implement energy 112.30 efficiency improvements in the selected buildings. A contract 112.31 must require the public utility or energy services provider to 112.32 include all energy efficiency improvements in selected buildings 112.33 that are calculated to achieve a cost payback within ten years. 112.34 The contract must require that the public utility or energy 112.35 services provider be repaid solely from energy cost savings and 112.36 only to the extent of energy cost savings. Repayments must be 113.1 interest-free. The goal of the program in this paragraph is to 113.2 demonstrate that through effective energy conservation the total 113.3 energy consumption per square foot of state-owned and wholly 113.4 state-leased buildings could be reduced by at least 25 percent 113.5 from consumption in the base year of 1990. All agencies 113.6 participating in the program must report to the commissioner of 113.7 administration their monthly energy usage, building schedules, 113.8 inventory of energy-consuming equipment, and other information 113.9 as needed by the commissioner to manage and evaluate the program. 113.10 (b) The commissioner may exclude from the program of 113.11 paragraph (a) a building in which energy conservation measures 113.12 are carried out. "Energy conservation measures" means measures 113.13 that are applied to a state building that improve energy 113.14 efficiency and have a simple return of investment in ten years 113.15 or within the remaining period of a lease, whichever time is 113.16 shorter, and involves energy conservation, conservation 113.17 facilities, renewable energy sources, improvements in operations 113.18 and maintenance efficiencies, or retrofit activities. 113.19 (c) This subdivision expires January 1, 2001. 113.20 Sec. 8. Minnesota Statutes 2000, section 16B.335, 113.21 subdivision 4, is amended to read: 113.22 Subd. 4. [ENERGY CONSERVATION.] A recipient to whom a 113.23 direct appropriation is made for a capital improvement project 113.24 shall ensure that the project complies with the applicable 113.25 energy conservation standards contained in law, including 113.26 sections 216C.19 to 216C.20, and rules adopted thereunder. The 113.27 recipient mayuse the energy planning and intervention and113.28energy technologies units of the department of public service to113.29 obtain information and technical assistance from the state 113.30 energy office in the department of commerce on energy 113.31 conservation and alternative energy development relating to the 113.32 planning and construction of the capital improvement project. 113.33 Sec. 9. Minnesota Statutes 2000, section 16B.56, 113.34 subdivision 1, is amended to read: 113.35 Subdivision 1. [EMPLOYEE TRANSPORTATION PROGRAM.] (a) 113.36 [ESTABLISHMENT.] To conserve energy and alleviate traffic 114.1 congestion around state offices, the commissioner shall, in 114.2 cooperation withthe commissioner of public service,the 114.3 commissioner of transportation, the state energy office in the 114.4 department of commerce, and interested nonprofit agencies, 114.5 establish and operate an employee transportation program using 114.6 commuter vans with a capacity of not less than seven nor more 114.7 than 16 passengers. Commuter vans may be used by state 114.8 employees and others to travel between their homes and their 114.9 work locations. However, only state employee drivers may use 114.10 the van for personal purposes after working hours, not including 114.11 partisan political activity. The commissioner shall acquire or 114.12 lease commuter vans, or otherwise contract for the provision of 114.13 commuter vans, and shall make the vans available for the use of 114.14 state employees and others in accordance with standards and 114.15 procedures adopted by the commissioner. The commissioner shall 114.16 promote the maximum participation of state employees and others 114.17 in the use of the vans. 114.18 (b) [ADMINISTRATIVE POLICIES.] The commissioner shall adopt 114.19 standards and procedures under this section without regard to 114.20 chapter 14. The commissioner shall provide for the recovery by 114.21 the state of vehicle acquisition, lease, operation, and 114.22 insurance costs through efficient and convenient assignment of 114.23 vans, and for the billing of costs and collection of fees. A 114.24 state employee using a van for personal use shall pay, pursuant 114.25 to the standards and procedures adopted by the commissioner, for 114.26 operating and routine maintenance costs incurred as a result of 114.27 the personal use. Fees collected under this subdivision shall 114.28 be deposited in the accounts from which the costs of operating, 114.29 maintaining, and leasing or amortization for the specific 114.30 vehicle are paid. 114.31 Sec. 10. Minnesota Statutes 2000, section 16B.76, 114.32 subdivision 1, is amended to read: 114.33 Subdivision 1. [MEMBERSHIP.] (a) The construction codes 114.34 advisory council consists of the following members: 114.35 (1) the commissioner of administration or the 114.36 commissioner's designee representing the department's building 115.1 codes and standards division; 115.2 (2) the commissioner of health or the commissioner's 115.3 designee representing an environmental health section of the 115.4 department; 115.5 (3) the commissioner of public safety or the commissioner's 115.6 designee representing the department's state fire marshal 115.7 division; 115.8 (4) the commissioner ofpublic servicecommerce or the 115.9 commissioner's designee representing the department'senergy115.10regulation and resource management divisionstate energy office; 115.11 and 115.12 (5) one member representing each of the following 115.13 occupations or entities, appointed by the commissioner of 115.14 administration: 115.15 (i) a certified building official; 115.16 (ii) a fire service representative; 115.17 (iii) a licensed architect; 115.18 (iv) a licensed engineer; 115.19 (v) a building owners and managers representative; 115.20 (vi) a licensed residential building contractor; 115.21 (vii) a commercial building contractor; 115.22 (viii) a heating and ventilation contractor; 115.23 (ix) a plumbing contractor; 115.24 (x) a representative of a construction and building trades 115.25 union; and 115.26 (xi) a local unit of government representative. 115.27 (b) For members who are not state officials or employees, 115.28 terms, compensation, removal, and the filling of vacancies are 115.29 governed by section 15.059. The council shall select one of its 115.30 members to serve as chair. 115.31 (c) The council expires June 30, 2001. 115.32 Sec. 11. Minnesota Statutes 2000, section 17.86, 115.33 subdivision 3, is amended to read: 115.34 Subd. 3. [INFORMATION.] The University of Minnesota 115.35 extension service, in cooperation with the commissioners of 115.36 agriculture, children, families, and learning, natural 116.1 resources, andpublic servicecommerce, shall serve as the 116.2 principal agency for publishing and circulating information 116.3 derived from research under subdivision 2 among the various 116.4 municipalities and individual property owners in the state. 116.5 Where practical, the extension service and the state energy 116.6 office in the department ofpublic servicecommerce shall secure 116.7 the advice and assistance of various energy utilities interested 116.8 and concerned with conservation. The commissioner of 116.9 agriculture shall establish an information source for requests 116.10 for nursery stock, to match needs of municipalities with stocks 116.11 of trees available for planting from private and governmental 116.12 sources. 116.13 Sec. 12. Minnesota Statutes 2000, section 18.024, 116.14 subdivision 1, is amended to read: 116.15 Subdivision 1. [WOOD UTILIZATION.] The departments of 116.16 agriculture and natural resources, after consultation with the 116.17 Minnesota shade tree advisory committee and thecommissioner of116.18public servicestate energy office in the department of 116.19 commerce, shall investigate, evaluate, and make recommendations 116.20 to the legislature concerning the potential uses of wood from 116.21 community trees removed due to disease or other disorders. 116.22 These recommendations shall include maximum resource recovery 116.23 through recycling, use as an alternative energy source, or use 116.24 in construction or the manufacture of new products. Wood 116.25 utilization or disposal systems as defined in section 18.023 116.26 must be included to ensure maximum utilization of diseased shade 116.27 trees with designs and procedures to ensure public safety and to 116.28 assure compliance with approved disease control programs. 116.29 Sec. 13. Minnesota Statutes 2000, section 43A.08, 116.30 subdivision 1a, is amended to read: 116.31 Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 116.32 authorities for the following agencies may designate additional 116.33 unclassified positions according to this subdivision: the 116.34 departments of administration; agriculture; commerce; 116.35 corrections; economic security; children, families, and 116.36 learning; employee relations; trade and economic development; 117.1 finance; health; human rights; labor and industry; natural 117.2 resources; public safety;public service;human services; 117.3 revenue; transportation; and veterans affairs; the housing 117.4 finance and pollution control agencies; the state lottery; the 117.5 state board of investment; the office of administrative 117.6 hearings; the office of environmental assistance; the offices of 117.7 the attorney general, secretary of state, state auditor, and 117.8 state treasurer; the Minnesota state colleges and universities; 117.9 the higher education services office; the Perpich center for 117.10 arts education; and the Minnesota zoological board. 117.11 A position designated by an appointing authority according 117.12 to this subdivision must meet the following standards and 117.13 criteria: 117.14 (1) the designation of the position would not be contrary 117.15 to other law relating specifically to that agency; 117.16 (2) the person occupying the position would report directly 117.17 to the agency head or deputy agency head and would be designated 117.18 as part of the agency head's management team; 117.19 (3) the duties of the position would involve significant 117.20 discretion and substantial involvement in the development, 117.21 interpretation, and implementation of agency policy; 117.22 (4) the duties of the position would not require primarily 117.23 personnel, accounting, or other technical expertise where 117.24 continuity in the position would be important; 117.25 (5) there would be a need for the person occupying the 117.26 position to be accountable to, loyal to, and compatible with, 117.27 the governor and the agency head, the employing statutory board 117.28 or commission, or the employing constitutional officer; 117.29 (6) the position would be at the level of division or 117.30 bureau director or assistant to the agency head; and 117.31 (7) the commissioner has approved the designation as being 117.32 consistent with the standards and criteria in this subdivision. 117.33 Sec. 14. Minnesota Statutes 2000, section 45.012, is 117.34 amended to read: 117.35 45.012 [COMMISSIONER.] 117.36 (a) The department of commerce is under the supervision and 118.1 control of the commissioner of commerce. The commissioner is 118.2 appointed by the governor in the manner provided by section 118.3 15.06. 118.4 (b) Data that is received by the commissioner or the 118.5 commissioner's designee by virtue of membership or participation 118.6 in an association, group, or organization that is not otherwise 118.7 subject to chapter 13 is confidential or protected nonpublic 118.8 data but may be shared with the department employees as the 118.9 commissioner considers appropriate. The commissioner may 118.10 release the data to any person, agency, or the public if the 118.11 commissioner determines that the access will aid the law 118.12 enforcement process, promote public health or safety, or dispel 118.13 widespread rumor or unrest. 118.14 (c) It is part of the department's mission that within the 118.15 department's resources the commissioner shall endeavor to: 118.16 (1) prevent the waste or unnecessary spending of public 118.17 money; 118.18 (2) use innovative fiscal and human resource practices to 118.19 manage the state's resources and operate the department as 118.20 efficiently as possible; 118.21 (3) coordinate the department's activities wherever 118.22 appropriate with the activities of other governmental agencies; 118.23 (4) use technology where appropriate to increase agency 118.24 productivity, improve customer service, increase public access 118.25 to information about government, and increase public 118.26 participation in the business of government; 118.27 (5) utilize constructive and cooperative labor-management 118.28 practices to the extent otherwise required by chapters 43A and 118.29 179A; 118.30 (6) report to the legislature on the performance of agency 118.31 operations and the accomplishment of agency goals in the 118.32 agency's biennial budget according to section 16A.10, 118.33 subdivision 1; and 118.34 (7) recommend to the legislature appropriate changes in law 118.35 necessary to carry out the mission and improve the performance 118.36 of the department. 119.1 (d) The commissioner also has all the powers and 119.2 responsibilities and shall perform all the duties previously 119.3 assigned to the commissioner of public service and the 119.4 department of public service under chapters 216, 216A, 216B, 119.5 216C, 237, 238, 239, and other statutes prior to the date of 119.6 final enactment of this act, except in the case where those 119.7 powers, responsibilities, or duties have been specifically 119.8 otherwise assigned by law. 119.9 Sec. 15. Minnesota Statutes 2000, section 103F.325, 119.10 subdivision 2, is amended to read: 119.11 Subd. 2. [REVIEW AND HEARING.] (a) The commissioner shall 119.12 make the proposed management plan available to affected local 119.13 governmental bodies, shoreland owners, conservation and outdoor 119.14 recreation groups, the commissioner of trade and economic 119.15 development, the commissioner ofpublic servicecommerce, the 119.16 governor, and the general public. The commissioners of trade 119.17 and economic developmentand of public service, the state energy 119.18 office in the department of commerce, and the governor shall 119.19 review the proposed management plan in accordance with the 119.20 criteria in section 86A.09, subdivision 3, and submit any 119.21 written comments to the commissioner within 60 days after 119.22 receipt of the proposed management plan. 119.23 (b) By 60 days after making the information available, the 119.24 commissioner shall conduct a public hearing on the proposed 119.25 management plan in the county seat of each county that contains 119.26 a portion of the designated system area, in the manner provided 119.27 in chapter 14. 119.28 Sec. 16. Minnesota Statutes 2000, section 103F.325, 119.29 subdivision 3, is amended to read: 119.30 Subd. 3. [POST HEARING REVIEW.] Upon receipt of the 119.31 administrative law judge's report, the commissioner shall 119.32 immediately forward the proposed management plan and the 119.33 administrative law judge's report to the commissioners of trade 119.34 and economic development and ofpublic servicecommerce for 119.35 review under section 86A.09, subdivision 3, except that the 119.36 review by the commissioners must be completed or be deemed 120.1 completed within 30 days after receiving the administrative law 120.2 judge's report, and the review by the governor must be completed 120.3 or be deemed completed within 15 days after receipt. 120.4 Sec. 17. Minnesota Statutes 2000, section 115A.15, 120.5 subdivision 5, is amended to read: 120.6 Subd. 5. [REPORTS.] (a) By January 1 of each odd-numbered 120.7 year, the commissioner of administration shall submit a report 120.8 to the governor and to the environment and natural resources 120.9 committees of the senate and house of representatives, the 120.10 finance division of the senate committee on environment and 120.11 natural resources, and the house of representatives committee on 120.12 environment and natural resources finance summarizing past 120.13 activities and proposed goals of the program for the following 120.14 biennium. The report shall include at least: 120.15 (1) a summary list of product and commodity purchases that 120.16 contain recycled materials; 120.17 (2) the results of any performance tests conducted on 120.18 recycled products and agencies' experience with recycled 120.19 products used; 120.20 (3) a list of all organizations participating in and using 120.21 the cooperative purchasing program; and 120.22 (4) a list of products and commodities purchased for their 120.23 recyclability and of recycled products reviewed for purchase. 120.24 (b) By July 1 of each even-numbered year, the director of 120.25 the office of environmental assistance and the commissioner of 120.26public servicecommerce through the state energy office shall 120.27 submit recommendations to the commissioner regarding the 120.28 operation of the program. 120.29 Sec. 18. Minnesota Statutes 2000, section 116O.06, 120.30 subdivision 2, is amended to read: 120.31 Subd. 2. [EQUITY INVESTMENTS.] The corporation may acquire 120.32 an interest in a product or a private business entity, except 120.33 that the corporation may not acquire an interest in a business 120.34 entity engaged in a trade or industry whose profits are directly 120.35 regulated by the commissioner of commerce or thedepartment of120.36public servicepublic utilities commission. The corporation may 121.1 enter into joint venture agreements with other private 121.2 corporations to promote economic development and job creation. 121.3 Sec. 19. Minnesota Statutes 2000, section 123B.65, 121.4 subdivision 1, is amended to read: 121.5 Subdivision 1. [DEFINITIONS.] The definitions in this 121.6 subdivision apply to this section. 121.7 (a) "Energy conservation measure" means a training program 121.8 or facility alteration designed to reduce energy consumption or 121.9 operating costs and includes: 121.10 (1) insulation of the building structure and systems within 121.11 the building; 121.12 (2) storm windows and doors, caulking or weatherstripping, 121.13 multiglazed windows and doors, heat absorbing or heat reflective 121.14 glazed and coated window and door systems, additional glazing, 121.15 reductions in glass area, and other window and door system 121.16 modifications that reduce energy consumption; 121.17 (3) automatic energy control systems; 121.18 (4) heating, ventilating, or air conditioning system 121.19 modifications or replacements; 121.20 (5) replacement or modifications of lighting fixtures to 121.21 increase the energy efficiency of the lighting system without 121.22 increasing the overall illumination of a facility, unless such 121.23 increase in illumination is necessary to conform to the 121.24 applicable state or local building code for the lighting system 121.25 after the proposed modifications are made; 121.26 (6) energy recovery systems; 121.27 (7) cogeneration systems that produce steam or forms of 121.28 energy such as heat, as well as electricity, for use primarily 121.29 within a building or complex of buildings; 121.30 (8) energy conservation measures that provide long-term 121.31 operating cost reductions. 121.32 (b) "Guaranteed energy savings contract" means a contract 121.33 for the evaluation and recommendations of energy conservation 121.34 measures, and for one or more energy conservation measures. The 121.35 contract must provide that all payments, except obligations on 121.36 termination of the contract before its expiration, are to be 122.1 made over time, but not to exceed 15 years from the date of 122.2 final installation, and the savings are guaranteed to the extent 122.3 necessary to make payments for the systems. 122.4 (c) "Qualified provider" means a person or business 122.5 experienced in the design, implementation, and installation of 122.6 energy conservation measures. A qualified provider to whom the 122.7 contract is awarded shall give a sufficient bond to the school 122.8 district for its faithful performance. 122.9 (d) "Commissioner" means the commissioner ofpublic service122.10 commerce through the state energy office. 122.11 Sec. 20. Minnesota Statutes 2000, section 123B.65, 122.12 subdivision 3, is amended to read: 122.13 Subd. 3. [EVALUATION BY COMMISSIONER.] Upon request of the 122.14 board, the commissionerof public serviceshall review the 122.15 report required in subdivision 2 and provide an evaluation to 122.16 the board on the proposed contract within 15 working days of 122.17 receiving the report. In evaluating the proposed contract, the 122.18 commissioner shall determine whether the detailed calculations 122.19 of the costs and of the energy and operating savings are 122.20 accurate and reasonable. The commissioner may request 122.21 additional information about a proposed contract as the 122.22 commissioner deems necessary. If the commissioner requests 122.23 additional information, the commissioner shall not be required 122.24 to submit an evaluation to the board within fewer than ten 122.25 working days of receiving the requested information. 122.26 Sec. 21. Minnesota Statutes 2000, section 123B.65, 122.27 subdivision 5, is amended to read: 122.28 Subd. 5. [PAYMENT OF REVIEW EXPENSES.] The commissionerof122.29public servicemay charge a district requesting services under 122.30 subdivisions 3 and 4 actual costs incurred by the department 122.31 ofpublic servicecommerce while conducting the review, or 122.32 one-half percent of the total identified project cost, whichever 122.33 is less. Before conducting the review, the commissioner shall 122.34 notify a district requesting review services that expenses will 122.35 be charged to the district. The commissioner shall bill the 122.36 district upon completion of the contract review. Money 123.1 collected by the commissioner under this subdivision must be 123.2 deposited in the general fund. A district may include the cost 123.3 of a review by the commissioner under subdivision 3 in a 123.4 contract made pursuant to this section. 123.5 Sec. 22. Minnesota Statutes 2000, section 161.45, 123.6 subdivision 1, is amended to read: 123.7 Subdivision 1. [RULES.] Electric transmission, telephone 123.8 or telegraph lines, pole lines, community antenna television 123.9 lines, railways, ditches, sewers, water, heat or gas mains, gas 123.10 and other pipe lines, flumes, or other structures which, under 123.11 the laws of this state or the ordinance of any city, may be 123.12 constructed, placed, or maintained across or along any trunk 123.13 highway, or the roadway thereof, by any person, persons, 123.14 corporation, or any subdivision of the state, may be so 123.15 maintained or hereafter constructed only in accordance with such 123.16 rules as may be prescribed by the commissioner who shall have 123.17 power to prescribe and enforce reasonable rules with reference 123.18 to the placing and maintaining along, across, or in any such 123.19 trunk highway of any of the utilities hereinbefore set forth. 123.20 Nothing herein shall restrict the actions of public authorities 123.21 in extraordinary emergencies nor restrict the power and 123.22 authority of thedepartment of public servicecommissioner of 123.23 commerce as provided for in other provisions of law. Provided, 123.24 however, that in the event any local subdivision of government 123.25 has enacted ordinances relating to the method of installation or 123.26 requiring underground installation of such community antenna 123.27 television lines, the permit granted by the commissioner of 123.28 transportation shall require compliance with such local 123.29 ordinance. 123.30 Sec. 23. Minnesota Statutes 2000, section 168.61, 123.31 subdivision 1, is amended to read: 123.32 Subdivision 1. [DEFINITION.] The term "intercity bus" as 123.33 used in sections 168.61 to 168.65 means a motor bus as defined 123.34 in section 168.011, subdivision 9, which is owned or operated by 123.35 either a resident or nonresident of Minnesota in interstate 123.36 commerce under authority of the Interstate Commerce Commission 124.1 or in combined interstate and intrastate commerce under 124.2 authority of the Interstate Commerce Commission and the 124.3 department ofpublic servicetransportation of Minnesota, as a 124.4 result of which operation such bus operates both within and 124.5 without the territorial limits of the state of Minnesota. 124.6 Sec. 24. Minnesota Statutes 2000, section 169.073, is 124.7 amended to read: 124.8 169.073 [PROHIBITED LIGHT OR SIGNAL.] 124.9 (a) No person or corporation shall place, maintain or 124.10 display any red light or red sign, signal, or lighting device or 124.11 maintain it in view of any highway or any line of railroad on or 124.12 over which trains are operated in such a way as to interfere 124.13 with the effectiveness or efficiency of any highway 124.14 traffic-control device or signals or devices used in the 124.15 operation of a railroad. Upon written notice from the 124.16 commissioner of transportation, a person or corporation 124.17 maintaining or owning or displaying a prohibited light shall 124.18 promptly remove it, or change the color of it to some other 124.19 color than red. Where a prohibited light or sign interferes 124.20 with the effectiveness or efficiency of the signals or devices 124.21 used in the operation of a railroad, the department ofpublic124.22servicetransportation may cause the removal of it and the 124.23 department may issue notices and orders for its removal. The 124.24 department shall proceed as provided in sections 216.13, 216.14, 124.25 216.15, 216.16, and 216.17, with a right of appeal to the 124.26 aggrieved party in accordance with chapter 14. 124.27 (b) No person or corporation shall maintain or display any 124.28 light after written notice from the commissioner of 124.29 transportation or the department of public service that the 124.30 light constitutes a traffic hazard and that it has ordered the 124.31 removal thereof. 124.32 Sec. 25. Minnesota Statutes 2000, section 174.03, 124.33 subdivision 7, is amended to read: 124.34 Subd. 7. [ENERGY CONSERVATION.] The commissioner, in 124.35 cooperation with the commissioner ofpublic servicecommerce 124.36 through the state energy office, shall evaluate all modes of 125.1 transportation in terms of their levels of energy consumption. 125.2 The commissioner ofpublic servicecommerce shall provide the 125.3 commissioner with projections of the future availability of 125.4 energy resources for transportation. The commissioner shall use 125.5 the results of this evaluation and the projections to evaluate 125.6 alternative programs and facilities to be included in the 125.7 statewide plan and to otherwise promote the more efficient use 125.8 of energy resources for transportation purposes. 125.9 Sec. 26. Minnesota Statutes 2000, section 181.30, is 125.10 amended to read: 125.11 181.30 [DUTY OF DEPARTMENT OF PUBLIC SERVICE.] 125.12 Any officer of any railroad company in the state violating 125.13 any of the provisions of section 181.29 shall be guilty of a 125.14 misdemeanor; and, upon conviction, punished by a fine of not 125.15 less than $100, and not more than $700, for each offense, or by 125.16 imprisonment in the county jail not more than 60 days, or both 125.17 fine and imprisonment, at the discretion of the court. It shall 125.18 be the duty of the state department ofpublic125.19servicetransportation, upon complaint properly filed with it 125.20 alleging a violation of section 181.29, to make a full 125.21 investigation in relation thereto, and for such purpose it shall 125.22 have the power to administer oaths, interrogate witnesses, take 125.23 testimony and require the production of books and papers, and if 125.24 such report shall show a violation of the provisions of section 125.25 181.29, the department ofpublic servicetransportation shall, 125.26 through the attorney general, begin the prosecution of all 125.27 parties against whom evidence of such violation is found; but 125.28 section 181.29 shall not be construed to prevent any other 125.29 person from beginning prosecution for the violation of the 125.30 provisions thereof. 125.31 Sec. 27. Minnesota Statutes 2000, section 216A.01, is 125.32 amended to read: 125.33 216A.01 [ESTABLISHMENT OFDEPARTMENT AND COMMISSION; POWERS 125.34 AND DUTIES.] 125.35There are hereby created and established the department of125.36public service, and the public utilities commission.The 126.1 department ofpublic servicecommerce shall have and possess all 126.2 of the rights and powers and perform all of the duties vested in 126.3 it by this chapter. The public utilities commission shall have 126.4 and possess all of the rights and powers and perform all of the 126.5 duties vested in it by this chapter, and those formerly vested 126.6 by law in the railroad and warehouse commission. 126.7 Sec. 28. Minnesota Statutes 2000, section 216A.035, is 126.8 amended to read: 126.9 216A.035 [CONFLICT OF INTEREST.] 126.10 (a) No person, while a member of the public utilities 126.11 commission, while acting as executive secretary of the 126.12 commission, or while employed in a professional capacity by the 126.13 commission, shall receive any income, other than dividends or 126.14 other earnings from a mutual fund or trust if these earnings do 126.15 not constitute a significant portion of the person's income, 126.16 directly or indirectly from any public utility or other 126.17 organization subject to regulation by the commission. 126.18 (b) No person is eligible to be appointed as a member of 126.19 the commission if the person has been employed with an entity, 126.20 or an affiliated company of an entity, that is subject to rate 126.21 regulation by the commission within one year from the date when 126.22 the person's term on the commission will begin. 126.23 (c) No person who is an employee of thepublic service126.24 department of commerce shall participate in any manner in any 126.25 decision or action of the commission where that person has a 126.26 direct or indirect financial interest. Each commissioner or 126.27 employee of thepublic servicedepartment who is in the general 126.28 professional, supervisory, or technical units established in 126.29 section 179A.10 or who is a professional, supervisory, or 126.30 technical employee defined as confidential in section 179A.03, 126.31 subdivision 4, or who is a management classification employee 126.32 and whose duties are related to publicutilities or126.33transportationutility, telephone company, or telecommunications 126.34 company regulation shall report to the campaign finance and 126.35 public disclosure board annually before April 15 any interest in 126.36 an industry or business regulated by the commission. Each 127.1 commissioner shall file a statement of economic interest as 127.2 required by section 10A.09 with the campaign finance and public 127.3 disclosure board and the public utilities commission before 127.4 taking office. The statement of economic interest must state 127.5 any interest that the commissioner has in an industry or 127.6 business regulated by the commission. 127.7 (d) A professional employee of the commission or department 127.8 must immediately disclose to the commission or to the 127.9 commissioner of the department, respectively, any communication, 127.10 direct or indirect, with a person who is a party to a pending 127.11 proceeding before the commission regarding future benefits, 127.12 compensation, or employment to be received from that person. 127.13 Sec. 29. Minnesota Statutes 2000, section 216A.036, is 127.14 amended to read: 127.15 216A.036 [EMPLOYMENT RESTRICTIONS.] 127.16 (a) A person who serves as (1) a commissioner of the public 127.17 utilities commission, (2) commissioner ofthe department of127.18public servicecommerce, or (3) deputy commissioner ofthe127.19departmentcommerce, shall not, while employed with or within 127.20 one year after leaving the commission, or department, accept 127.21 employment with, receive compensation directly or indirectly 127.22 from, or enter into a contractual relationship with an entity, 127.23 or an affiliated company of an entity, that is subject to rate 127.24 regulation by the commission. 127.25 (b) An entity or an affiliated company of an entity that is 127.26 subject to rate regulation by the commission, or a person acting 127.27 on behalf of the entity, shall not negotiate or offer to employ 127.28 or compensate a commissioner of the public utilities commission, 127.29 the commissioner ofpublic servicecommerce, or the deputy 127.30 commissioner of commerce, while the person is so employed or 127.31 within one year after the person leaves that employment. 127.32 (c) For the purposes of this section, "affiliated company" 127.33 means a company that controls, is controlled by, or is under 127.34 common control with an entity subject to rate regulation by the 127.35 commission. 127.36 (d) A person who violates this section is subject to a 128.1 civil penalty not to exceed $10,000 for each violation. The 128.2 attorney general may bring an action in district court to 128.3 collect the penalties provided in this section. 128.4 Sec. 30. Minnesota Statutes 2000, section 216A.05, 128.5 subdivision 1, is amended to read: 128.6 Subdivision 1. [LEGISLATIVE AND QUASI-JUDICIAL FUNCTIONS.] 128.7 The functions of the commission shall be legislative and 128.8 quasi-judicial in nature. It may make such investigations and 128.9 determinations, hold such hearings, prescribe such rules and 128.10 issue such orders with respect to the control and conduct of the 128.11 businesses coming within its jurisdiction as the legislature 128.12 itself might make but only as it shall from time to time 128.13 authorize. It may adjudicate all proceedings brought before it 128.14 in which the violation of any law or rule administered by the 128.15 department of commerce is alleged. 128.16 Sec. 31. Minnesota Statutes 2000, section 216A.07, 128.17 subdivision 1, is amended to read: 128.18 Subdivision 1. [ADMINISTRATIVECOMMISSIONER DUTIES.] The 128.19 commissionershall be the executive and administrative head of128.20the public service department and shall have and possessof 128.21 commerce has all the rights and powers and shall perform all the 128.22 dutiesrelating to the administrative function of the department128.23asset forth in this chapter. The commissioner may: 128.24 (1) prepare all forms or blanks for the purpose of 128.25 obtaining information which the commissioner may deem necessary 128.26 or useful in the proper exercise of the authority and duties of 128.27 the commissioner in connection with regulated businesses; 128.28 (2) prescribe the time and manner within which forms or 128.29 blanks shall be filed with the department; 128.30 (3) inspect at all reasonable times, and copy the books, 128.31 records, memoranda and correspondence or other documents and 128.32 records of any person relating to any regulated business; and 128.33 (4) cause the deposition to be taken of any person 128.34 concerning the business and affairs of any business regulated by 128.35 the department. Information sought through said deposition 128.36 shall be for a lawfully authorized purpose and shall be relevant 129.1 and material to the investigation or hearing before the 129.2 commission. Information obtained from said deposition shall be 129.3 used by the department only for a lawfully authorized purpose 129.4 and pursuant to powers and responsibilities conferred upon the 129.5 department. Said deposition is to be taken in the manner 129.6 prescribed by law for taking depositions in civil actions in the 129.7 district court. 129.8 Sec. 32. Minnesota Statutes 2000, section 216A.08, is 129.9 amended to read: 129.10 216A.08 [CONTINUATION OF RULES OF PUBLIC SERVICE 129.11 DEPARTMENT.] 129.12 All valid rules, orders, and directives heretofore 129.13 enforced, issued, or promulgated by the public service 129.14 department under authority of chapter 216, 216A, 216B, 216C, 129.15 218, 219, 221,or222, 237, 238, or 239 shall remain and 129.16 continue in force and effect until repealed, modified, or 129.17 superseded by duly authorized rules, orders, or directives of 129.18 the public utilities commissionor, the commissioner of 129.19 transportation, or the commissioner of commerce. 129.20 Sec. 33. Minnesota Statutes 2000, section 216A.085, 129.21 subdivision 3, is amended to read: 129.22 Subd. 3. [STAFFING.] The intervention office shall be 129.23 under the control and supervision of the commissioner ofthe129.24department of public servicecommerce. The commissioner may 129.25 hire staff or contract for outside services as needed to carry 129.26 out the purposes of this section. The attorney general shall 129.27 act as counsel in all intervention proceedings. 129.28 Sec. 34. Minnesota Statutes 2000, section 216B.02, 129.29 subdivision 1, is amended to read: 129.30 Subdivision 1. [SCOPE.] For the purposes ofLaws 1974,129.31chapter 429this chapter the terms defined in this section have 129.32 the meanings given them. 129.33 Sec. 35. Minnesota Statutes 2000, section 216B.02, 129.34 subdivision 7, is amended to read: 129.35 Subd. 7. [COMMISSION.] "Commission" means the public 129.36 utilities commissionof the department of public service. 130.1 Sec. 36. Minnesota Statutes 2000, section 216B.02, 130.2 subdivision 8, is amended to read: 130.3 Subd. 8. [DEPARTMENT.] "Department" means the department 130.4 ofpublic servicecommerce of the state of Minnesota. 130.5 Sec. 37. Minnesota Statutes 2000, section 216B.16, 130.6 subdivision 1, is amended to read: 130.7 Subdivision 1. [NOTICE.] Unless the commission otherwise 130.8 orders, no public utility shall change a rate which has been 130.9 duly established under this chapter, except upon 60 days' notice 130.10 to the commission. The notice shall include statements of 130.11 facts, expert opinions, substantiating documents, and exhibits, 130.12 supporting the change requested, and state the change proposed 130.13 to be made in the rates then in force and the time when the 130.14 modified rates will go into effect. If the filing utility does 130.15 not have an approved conservation improvement plan on file with 130.16 the departmentof public service, it shall also include in its 130.17 notice an energy conservation plan pursuant to section 130.18 216B.241. The filing utility shall give written notice, as 130.19 approved by the commission, of the proposed change to the 130.20 governing body of each municipality and county in the area 130.21 affected. All proposed changes shall be shown by filing new 130.22 schedules or shall be plainly indicated upon schedules on file 130.23 and in force at the time. 130.24 Sec. 38. Minnesota Statutes 2000, section 216B.16, 130.25 subdivision 2, is amended to read: 130.26 Subd. 2. [SUSPENSION OF PROPOSED RATE; HEARING; FINAL 130.27 DETERMINATION DEFINED.] (a) Whenever there is filed with the 130.28 commission a schedule modifying or resulting in a change in any 130.29 rates then in force as provided in subdivision 1, the commission 130.30 may suspend the operation of the schedule by filing with the 130.31 schedule of rates and delivering to the affected utility a 130.32 statement in writing of its reasons for the suspension at any 130.33 time before the rates become effective. The suspension shall 130.34 not be for a longer period than ten months beyond the initial 130.35 filing date except as provided in this subdivision or 130.36 subdivision 1a. 131.1 (b) During the suspension the commission shall determine 131.2 whether all questions of the reasonableness of the rates 131.3 requested raised by persons deemed interested or by the 131.4administrative division of thedepartmentof public servicecan 131.5 be resolved to the satisfaction of the commission. If the 131.6 commission finds that all significant issues raised have not 131.7 been resolved to its satisfaction, or upon petition by ten 131.8 percent of the affected customers or 250 affected customers, 131.9 whichever is less, it shall refer the matter to the office of 131.10 administrative hearings with instructions for a public hearing 131.11 as a contested case pursuant to chapter 14, except as otherwise 131.12 provided in this section. 131.13 (c) The commission may order that the issues presented by 131.14 the proposed rate changes be bifurcated into two separate 131.15 hearings as follows: (1) determination of the utility's revenue 131.16 requirements and (2) determination of the rate design. Upon 131.17 issuance of both administrative law judge reports, the issues 131.18 shall again be joined for consideration and final determination 131.19 by the commission. 131.20 (d) All prehearing discovery activities of state agency 131.21 intervenors shall be consolidated and conducted by the 131.22 department ofpublic servicecommerce. 131.23 (e) If the commission does not make a final determination 131.24 concerning a schedule of rates within ten months after the 131.25 initial filing date, the schedule shall be deemed to have been 131.26 approved by the commission; except if: 131.27 (1) an extension of the procedural schedule has been 131.28 granted under subdivision 1a, in which case the schedule of 131.29 rates is deemed to have been approved by the commission on the 131.30 last day of the extended period of suspension; or 131.31 (2) a settlement has been submitted to and rejected by the 131.32 commission and the commission does not make a final 131.33 determination concerning the schedule of rates, the schedule of 131.34 rates is deemed to have been approved 60 days after the initial 131.35 or, if applicable, the extended period of suspension. 131.36 (f) If the commission finds that it has insufficient time 132.1 during the suspension period to make a final determination of a 132.2 case involving changes in general rates because of the need to 132.3 make a final determination of another previously filed case 132.4 involving changes in general rates under this section or section 132.5 237.075, the commission may extend the suspension period to the 132.6 extent necessary to allow itself 20 working days to make the 132.7 final determination after it has made a final determination in 132.8 the previously filed case. An extension of the suspension 132.9 period under this paragraph does not alter the setting of 132.10 interim rates under subdivision 3. 132.11 (g) For the purposes of this section, "final determination" 132.12 means the initial decision of the commission and not any order 132.13 which may be entered by the commission in response to a petition 132.14 for rehearing or other further relief. The commission may 132.15 further suspend rates until it determines all those petitions. 132.16 Sec. 39. Minnesota Statutes 2000, section 216B.16, 132.17 subdivision 6b, is amended to read: 132.18 Subd. 6b. [ENERGY CONSERVATION IMPROVEMENT.] (a) Except as 132.19 otherwise provided in this subdivision, all investments and 132.20 expenses of a public utility as defined in section 216B.241, 132.21 subdivision 1, paragraph (e), incurred in connection with energy 132.22 conservation improvements shall be recognized and included by 132.23 the commission in the determination of just and reasonable rates 132.24 as if the investments and expenses were directly made or 132.25 incurred by the utility in furnishing utility service. 132.26 (b) After December 31, 1999, investments and expenses for 132.27 energy conservation improvements shall not be included by the 132.28 commission in the determination of just and reasonable electric 132.29 and gas rates for retail electric and gas service provided to 132.30 large electric customer facilities that have been exempted by 132.31 the commissioner of the departmentof public servicepursuant to 132.32 section 216B.241, subdivision 1a, paragraph (b). However, no 132.33 public utility shall be prevented from recovering its investment 132.34 in energy conservation improvements from all customers that were 132.35 made on or before December 31, 1999, in compliance with the 132.36 requirements of section 216B.241. 133.1 (c) The commission may permit a public utility to file rate 133.2 schedules providing for annual recovery of the costs of energy 133.3 conservation improvements. These rate schedules may be 133.4 applicable to less than all the customers in a class of retail 133.5 customers if necessary to reflect the differing minimum spending 133.6 requirements of section 216B.241, subdivision 1a. After 133.7 December 31, 1999, the commission shall allow a public utility, 133.8 without requiring a general rate filing under this section, to 133.9 reduce the electric and gas rates applicable to large electric 133.10 customer facilities that have been exempted by the commissioner 133.11 of the departmentof public servicepursuant to section 133.12 216B.241, subdivision 1a, paragraph (b), by an amount that 133.13 reflects the elimination of energy conservation improvement 133.14 investments or expenditures for those facilities required on or 133.15 before December 31, 1999. In the event that the commission has 133.16 set electric or gas rates based on the use of an accounting 133.17 methodology that results in the cost of conservation 133.18 improvements being recovered from utility customers over a 133.19 period of years, the rate reduction may occur in a series of 133.20 steps to coincide with the recovery of balances due to the 133.21 utility for conservation improvements made by the utility on or 133.22 before December 31, 1999. 133.23 Sec. 40. Minnesota Statutes 2000, section 216B.16, 133.24 subdivision 15, is amended to read: 133.25 Subd. 15. [LOW-INCOME RATE PROGRAMS; REPORT.] (a) The 133.26 commission may consider ability to pay as a factor in setting 133.27 utility rates and may establish programs for low-income 133.28 residential ratepayers in order to ensure affordable, reliable, 133.29 and continuous service to low-income utility customers. The 133.30 commission shall order a pilot program for at least one 133.31 utility. In ordering pilot programs, the commission shall 133.32 consider the following: 133.33 (1) the potential for low-income programs to provide 133.34 savings to the utility for all collection costs including but 133.35 not limited to: costs of disconnecting and reconnecting 133.36 residential ratepayers' service, all activities related to the 134.1 utilities' attempt to collect past due bills, utility working 134.2 capital costs, and any other administrative costs related to 134.3 inability to pay programs and initiatives; 134.4 (2) the potential for leveraging federal low-income energy 134.5 dollars to the state; and 134.6 (3) the impact of energy costs as a percentage of the total 134.7 income of a low-income residential customer. 134.8 (b) In determining the structure of the pilot utility 134.9 program, the commission shall: 134.10 (1) consult with advocates for and representatives of 134.11 low-income utility customers, administrators of energy 134.12 assistance and conservation programs, and utility 134.13 representatives; 134.14 (2) coordinate eligibility for the program with the state 134.15 and federal energy assistance program and low-income residential 134.16 energy programs, including weatherization programs; and 134.17 (3) evaluate comprehensive low-income programs offered by 134.18 utilities in other states. 134.19 (c) The commission shall implement at least one pilot 134.20 project by January 1, 1995, and shall allow a utility required 134.21 to implement a pilot project to recover the net costs of the 134.22 project in the utility's rates. 134.23(d) The commission, in conjunction with the commissioner of134.24the department of public service and the commissioner of134.25economic security, shall review low-income rate programs and134.26shall report to the legislature by January 1, 1998. The report134.27must include:134.28(1) the increase in federal energy assistance money134.29leveraged by the state as a result of this program;134.30(2) the effect of the program on low-income customer's134.31ability to pay energy costs;134.32(3) the effect of the program on utility customer bad debt134.33and arrearages;134.34(4) the effect of the program on the costs and numbers of134.35utility disconnections and reconnections and other costs134.36incurred by the utility in association with inability to pay135.1programs;135.2(5) the ability of the utility to recover the costs of the135.3low-income program without a general rate change;135.4(6) how other ratepayers have been affected by this135.5program;135.6(7) recommendations for continuing, eliminating, or135.7expanding the low-income pilot program; and135.8(8) how general revenue funds may be utilized in135.9conjunction with low-income programs.135.10 Sec. 41. Minnesota Statutes 2000, section 216B.162, 135.11 subdivision 7, is amended to read: 135.12 Subd. 7. [COMMISSION DETERMINATION.] (a) Except as 135.13 provided under subdivision 6, competitive rates offered by 135.14 electric utilities under this section must be filed with the 135.15 commission and must be approved, modified, or rejected by the 135.16 commission within 90 days. The utility's filing must include 135.17 statements of fact demonstrating that the proposed rates meet 135.18 the standards of this subdivision. The filing must be served on 135.19 the departmentof public serviceand the office of the attorney 135.20 general at the same time as it is served on the commission. 135.21 (b) In reviewing a specific rate proposal, the commission 135.22 shall determine: 135.23 (1) that the rate meets the terms and conditions in 135.24 subdivision 4, unless the commission determines that waiver of 135.25 one or more terms and conditions would be in the public 135.26 interest; 135.27 (2) that the consumer can obtain its energy requirements 135.28 from an energy supplier not rate-regulated by the commission 135.29 under section 216B.16; 135.30 (3) that the customer is not likely to take service from 135.31 the electric utility seeking to offer the competitive rate if 135.32 the customer was charged the electric utility's standard 135.33 tariffed rate; and 135.34 (4) that after consideration of environmental and 135.35 socioeconomic impacts it is in the best interest of all other 135.36 customers to offer the competitive rate to the customer subject 136.1 to effective competition. 136.2 (c) If the commission approves the competitive rate, it 136.3 becomes effective as agreed to by the electric utility and the 136.4 customer. If the competitive rate is modified by the 136.5 commission, the commission shall issue an order modifying the 136.6 competitive rate subject to the approval of the electric utility 136.7 and the customer. Each party has ten days in which to reject 136.8 the proposed modification. If no party rejects the proposed 136.9 modification, the commissioner's order becomes final. If either 136.10 party rejects the commission's proposed modification, the 136.11 electric utility, on its behalf or on the behalf of the 136.12 customer, may submit to the commission a modified version of the 136.13 commission's proposal. The commission shall accept or reject 136.14 the modified version within 30 days. If the commission rejects 136.15 the competitive rate, it shall issue an order indicating the 136.16 reasons for the rejection. 136.17 Sec. 42. Minnesota Statutes 2000, section 216B.162, 136.18 subdivision 11, is amended to read: 136.19 Subd. 11. [COMMISSION DETERMINATION.] (a) Proposals for 136.20 discretionary rate reductions offered by utilities must be filed 136.21 with the commission, with copies of the filing served upon the 136.22 departmentof public serviceand the office of attorney general 136.23 at the same time it is served upon the commission. The 136.24 commission shall review the proposals according to procedures 136.25 developed under section 216B.05, subdivision 2a. The commission 136.26 shall not approve discretionary rate reductions offered by 136.27 public utilities that do not have an accepted resource plan on 136.28 file with the commission. The commission shall not approve 136.29 discretionary rate reductions unless the utility has made the 136.30 customer aware of all cost-effective opportunities for energy 136.31 efficiency improvements offered by the utility. 136.32 (b) Public utilities that provide service under 136.33 discretionary rate reductions shall not, through increased 136.34 revenue requirements or through prospective rate design changes, 136.35 recover any revenues foregone due to the discretionary rate 136.36 reductions, nor shall the commission grant such recovery. 137.1 Sec. 43. Minnesota Statutes 2000, section 216B.1675, 137.2 subdivision 9, is amended to read: 137.3 Subd. 9. [COMMISSION FINDINGS.] The commission shall issue 137.4 findings concerning the appropriateness of the proposed plan. 137.5 The commission may approve, reject, or modify the plan in a 137.6 manner which meets the requirements of this section. An 137.7 approved or modified plan becomes effective unless the plan is 137.8 withdrawn by the utility within 30 days of a final appealable 137.9 order. If the utility withdraws an approved or modified plan, 137.10 all of the administrative costs related to the plan that are 137.11 charged by the commission or the departmentof public serviceto 137.12 the utility may not be recovered from ratepayers in current or 137.13 subsequent rates. A utility that withdraws an approved or 137.14 modified plan may not file another plan under this section for a 137.15 period of one year following the withdrawal of the plan. 137.16 Sec. 44. Minnesota Statutes 2000, section 216B.241, 137.17 subdivision 1a, is amended to read: 137.18 Subd. 1a. [INVESTMENT, EXPENDITURE, AND CONTRIBUTION; 137.19 PUBLIC UTILITY.] (a) For purposes of this subdivision and 137.20 subdivision 2, "public utility" has the meaning given it in 137.21 section 216B.02, subdivision 4. Each public utility shall spend 137.22 and invest for energy conservation improvements under this 137.23 subdivision and subdivision 2 the following amounts: 137.24 (1) for a utility that furnishes gas service, 0.5 percent 137.25 of its gross operating revenues from service provided in the 137.26 state; 137.27 (2) for a utility that furnishes electric service, 1.5 137.28 percent of its gross operating revenues from service provided in 137.29 the state; and 137.30 (3) for a utility that furnishes electric service and that 137.31 operates a nuclear-powered electric generating plant within the 137.32 state, two percent of its gross operating revenues from service 137.33 provided in the state. 137.34 For purposes of this paragraph (a), "gross operating 137.35 revenues" do not include revenues from large electric customer 137.36 facilities exempted by the commissioner of the departmentof138.1public servicepursuant to paragraph (b). 138.2 (b) The owner of a large electric customer facility may 138.3 petition the commissioner of the departmentof public serviceto 138.4 exempt both electric and gas utilities serving the large energy 138.5 customer facility from the investment and expenditure 138.6 requirements of paragraph (a) with respect to retail revenues 138.7 attributable to the facility. At a minimum, the petition must 138.8 be supported by evidence relating to competitive or economic 138.9 pressures on the customer and a showing by the customer of 138.10 reasonable efforts to identify, evaluate, and implement 138.11 cost-effective conservation improvements at the facility. If a 138.12 petition is filed on or before October 1 of any year, the order 138.13 of the commissioner to exempt revenues attributable to the 138.14 facility can be effective no earlier than January 1 of the 138.15 following year. The commissioner shall not grant an exemption 138.16 if the commissioner determines that granting the exemption is 138.17 contrary to the public interest. The commissioner may, after 138.18 investigation, rescind any exemption granted under this 138.19 paragraph upon a determination that cost-effective energy 138.20 conservation improvements are available at the large electric 138.21 customer facility. For the purposes of this paragraph, 138.22 "cost-effective" means that the projected total cost of the 138.23 energy conservation improvement at the large electric customer 138.24 facility is less than the projected present value of the energy 138.25 and demand savings resulting from the energy conservation 138.26 improvement. For the purposes of investigations by the 138.27 commissioner under this paragraph, the owner of any large 138.28 electric customer facility shall, upon request, provide the 138.29 commissioner with updated information comparable to that 138.30 originally supplied in or with the owner's original petition 138.31 under this paragraph. 138.32 (c) The commissioner may require investments or spending 138.33 greater than the amounts required under this subdivision for a 138.34 public utility whose most recent advance forecast required under 138.35 section 216B.2422 or 216C.17 projects a peak demand deficit of 138.36 100 megawatts or greater within five years under mid-range 139.1 forecast assumptions. 139.2 (d) A public utility or owner of a large electric customer 139.3 facility may appeal a decision of the commissioner under 139.4 paragraph (b) or (c) to the commission under subdivision 2. In 139.5 reviewing a decision of the commissioner under paragraph (b) or 139.6 (c), the commission shall rescind the decision if it finds that 139.7 the required investments or spending will: 139.8 (1) not result in cost-effective energy conservation 139.9 improvements; or 139.10 (2) otherwise not be in the public interest. 139.11 (e) Each utility shall determine what portion of the amount 139.12 it sets aside for conservation improvement will be used for 139.13 conservation improvements under subdivision 2 and what portion 139.14 it will contribute to the energy and conservation account 139.15 established in subdivision 2a. A public utility may propose to 139.16 the commissioner to designate that all or a portion of funds 139.17 contributed to the account established in subdivision 2a be used 139.18 for research and development projects. Contributions must be 139.19 remitted to the commissionerof public serviceby February 1 of 139.20 each year. Nothing in this subdivision prohibits a public 139.21 utility from spending or investing for energy conservation 139.22 improvement more than required in this subdivision. 139.23 Sec. 45. Minnesota Statutes 2000, section 216B.241, 139.24 subdivision 1b, is amended to read: 139.25 Subd. 1b. [CONSERVATION IMPROVEMENT BY COOPERATIVE 139.26 ASSOCIATION OR MUNICIPALITY.] (a) This subdivision applies to: 139.27 (1) a cooperative electric association that generates and 139.28 transmits electricity to associations that provide electricity 139.29 at retail including a cooperative electric association not 139.30 located in this state that serves associations or others in the 139.31 state; 139.32 (2) a municipality that provides electric service to retail 139.33 customers; and 139.34 (3) a municipality with gross operating revenues in excess 139.35 of $5,000,000 from sales of natural gas to retail customers. 139.36 (b) Each cooperative electric association and municipality 140.1 subject to this subdivision shall spend and invest for energy 140.2 conservation improvements under this subdivision the following 140.3 amounts: 140.4 (1) for a municipality, 0.5 percent of its gross operating 140.5 revenues from the sale of gas and one percent of its gross 140.6 operating revenues from the sale of electricity not purchased 140.7 from a public utility governed by subdivision 1a or a 140.8 cooperative electric association governed by this subdivision, 140.9 excluding gross operating revenues from electric and gas service 140.10 provided in the state to large electric customer facilities; and 140.11 (2) for a cooperative electric association, 1.5 percent of 140.12 its gross operating revenues from service provided in the state, 140.13 excluding gross operating revenues from service provided in the 140.14 state to large electric customer facilities indirectly through a 140.15 distribution cooperative electric association. 140.16 (c) Each municipality and cooperative association subject 140.17 to this subdivision shall identify and implement energy 140.18 conservation improvement spending and investments that are 140.19 appropriate for the municipality or association, except that a 140.20 municipality or association may not spend or invest for energy 140.21 conservation improvements that directly benefit a large electric 140.22 customer facility. Each municipality and cooperative electric 140.23 association subject to this subdivision may spend and invest 140.24 annually up to 15 percent of the total amount required to be 140.25 spent and invested on energy conservation improvements under 140.26 this subdivision on research and development projects that meet 140.27 the definition of energy conservation improvement in subdivision 140.28 1 and that are funded directly by the municipality or 140.29 cooperative electric association. Load management may be used 140.30 to meet the requirements of this subdivision if it reduces the 140.31 demand for or increases the efficiency of electric services. A 140.32 generation and transmission cooperative electric association may 140.33 include as spending and investment required under this 140.34 subdivision conservation improvement spending and investment by 140.35 cooperative electric associations that provide electric service 140.36 at retail to consumers and that are served by the generation and 141.1 transmission association. 141.2 (d) By February 1 of each year, each municipality or 141.3 cooperative shall report to the commissioner its energy 141.4 conservation improvement spending and investments with a brief 141.5 analysis of effectiveness in reducing consumption of electricity 141.6 or gas. The commissioner shall review each report and make 141.7 recommendations, where appropriate, to the municipality or 141.8 association to increase the effectiveness of conservation 141.9 improvement activities. The commissioner shall also review each 141.10 report for whether a portion of the money spent on residential 141.11 conservation improvement programs is devoted to programs that 141.12 directly address the needs of renters and low-income persons 141.13 unless an insufficient number of appropriate programs are 141.14 available. For the purposes of this subdivision and subdivision 141.15 2, "low-income" means an income of less than 185 percent of the 141.16 federal poverty level. 141.17 (e) As part of its spending for conservation improvement, a 141.18 municipality or association may contribute to the energy and 141.19 conservation account. A municipality or association may propose 141.20 to the commissioner to designate that all or a portion of funds 141.21 contributed to the account be used for research and development 141.22 projects. Any amount contributed must be remitted to the 141.23 commissionerof public serviceby February 1 of each year. 141.24 Sec. 46. Minnesota Statutes 2000, section 216B.241, 141.25 subdivision 2b, is amended to read: 141.26 Subd. 2b. [RECOVERY OF EXPENSES.] The commission shall 141.27 allow a utility to recover expenses resulting from a 141.28 conservation improvement program required by the department and 141.29 contributions to the energy and conservation account, unless the 141.30 recovery would be inconsistent with a financial incentive 141.31 proposal approved by the commission. In addition, a utility may 141.32 file annually, or the public utilities commission may require 141.33 the utility to file, and the commission may approve, rate 141.34 schedules containing provisions for the automatic adjustment of 141.35 charges for utility service in direct relation to changes in the 141.36 expenses of the utility for real and personal property taxes, 142.1 fees, and permits, the amounts of which the utility cannot 142.2 control. A public utility is eligible to file for adjustment 142.3 for real and personal property taxes, fees, and permits under 142.4 this subdivision only if, in the year previous to the year in 142.5 which it files for adjustment, it has spent or invested at least 142.6 1.75 percent of its gross revenues from provision of electric 142.7 service, excluding gross operating revenues from electric 142.8 service provided in the state to large electric customer 142.9 facilities for which the commissionerof public servicehas 142.10 issued an exemption under subdivision 1a, paragraph (b), and 0.6 142.11 percent of its gross revenues from provision of gas service, 142.12 excluding gross operating revenues from gas services provided in 142.13 the state to large electric customer facilities for which the 142.14 commissionerof public servicehas issued an exemption under 142.15 subdivision 1a, paragraph (b), for that year for energy 142.16 conservation improvements under this section. 142.17 Sec. 47. Minnesota Statutes 2000, section 216C.01, 142.18 subdivision 1, is amended to read: 142.19 Subdivision 1. [APPLICABILITY.] The definitions in this 142.20 section apply tosections 216C.02, 216C.05, 216C.07 to 216C.19,142.21216C.20 to 216C.35, and 216C.373 to 216C.381this chapter. 142.22 Sec. 48. Minnesota Statutes 2000, section 216C.01, 142.23 subdivision 2, is amended to read: 142.24 Subd. 2. [COMMISSIONER.] "Commissioner" means the 142.25 commissioner ofthe department of public servicecommerce. 142.26 Sec. 49. Minnesota Statutes 2000, section 216C.01, 142.27 subdivision 3, is amended to read: 142.28 Subd. 3. [DEPARTMENT.] "Department" means the department 142.29 ofpublic servicecommerce. 142.30 Sec. 50. Minnesota Statutes 2000, section 216C.051, 142.31 subdivision 6, is amended to read: 142.32 Subd. 6. [ASSESSMENT; APPROPRIATION.] On request by the 142.33 cochairs of the legislative task force and after approval of the 142.34 legislative coordinating commission, the commissioner ofthe142.35department of public servicecommerce shall assess from electric 142.36 utilities, in addition to assessments made under section 143.1 216B.62, the amount requested for the operation of the task 143.2 force not to exceed $700,000. This authority to assess 143.3 continues until the commissioner has assessed a total of 143.4 $700,000. The amount assessed under this section is 143.5 appropriated to the director of the legislative coordinating 143.6 commission for those purposes, and is available until expended. 143.7 Sec. 51. Minnesota Statutes 2000, section 216C.37, 143.8 subdivision 1, is amended to read: 143.9 Subdivision 1. [DEFINITIONS.] In this section: 143.10 (a) "Commissioner" means the commissioner ofpublic service143.11 commerce. 143.12 (b) "Energy conservation investments" means all capital 143.13 expenditures that are associated with conservation measures 143.14 identified in an energy project study, and that have a ten-year 143.15 or less payback period. 143.16 (c) "Municipality" means any county, statutory or home rule 143.17 charter city, town, school district, or any combination of those 143.18 units operating under an agreement to jointly undertake projects 143.19 authorized in this section. 143.20 (d) "Energy project study" means a study of one or more 143.21 energy-related capital improvement projects analyzed in 143.22 sufficient detail to support a financing application. At a 143.23 minimum, it must include one year of energy consumption and cost 143.24 data, a description of existing conditions, a description of 143.25 proposed conditions, a detailed description of the costs of the 143.26 project, and calculations sufficient to document the proposed 143.27 energy savings. 143.28 Sec. 52. Minnesota Statutes 2000, section 216C.40, 143.29 subdivision 4, is amended to read: 143.30 Subd. 4. [CONDITION PRECEDENT.] The duties of the 143.31 department under this section are conditional on the 143.32 commissionerof public servicefinding that there will be at 143.33 least one public utility that will be subject to the assessment 143.34 created by Laws 1993, chapter 254, section 7. 143.35 Sec. 53. Minnesota Statutes 2000, section 237.02, is 143.36 amended to read: 144.1 237.02 [GENERAL AUTHORITY OF DEPARTMENT AND COMMISSION; 144.2 DEFINITIONS.] 144.3 The department ofpublic servicecommerce and the public 144.4 utilities commission, now existing under the laws of this state,144.5 are hereby vested with the same jurisdiction and supervisory 144.6 power over telephone and telecommunications companies doing 144.7 business in this state asit now hasthe commission's 144.8 predecessor, the railroad and warehouse commission, had over 144.9 railroad and express companies. The definitions set forth 144.10 insectionsections 216A.02shall applyand 216B.02 also apply 144.11 to this chapter. 144.12 Sec. 54. Minnesota Statutes 2000, section 237.075, 144.13 subdivision 2, is amended to read: 144.14 Subd. 2. [SUSPENSION OF PROPOSED RATE; HEARING; FINAL 144.15 DETERMINATION DEFINED.] (a) Whenever there is filed with the 144.16 commission as provided in subdivision 1 a schedule modifying or 144.17 resulting in a change in any rate then in force, the commission 144.18 may suspend the operation of the schedule by filing with the 144.19 schedule of rates and delivering to the affected telephone 144.20 company a statement in writing of its reasons for the suspension 144.21 at any time before the rates become effective. The suspension 144.22 shall not be for a longer period than ten months beyond the 144.23 initial filing date except as provided in paragraph (b). During 144.24 the suspension the commission shall determine whether all 144.25 questions of the reasonableness of the rates requested raised by 144.26 persons deemed interested or by theadministrative division of144.27thedepartmentof public servicecan be resolved to the 144.28 satisfaction of the commission. If the commission finds that 144.29 all significant issues raised have not been resolved to its 144.30 satisfaction, or upon petition by ten percent of the affected 144.31 customers or 250 affected customers, whichever is less, it shall 144.32 refer the matter to the office of administrative hearings with 144.33 instructions for a public hearing as a contested case pursuant 144.34 to chapter 14, except as otherwise provided in this section. 144.35 The commission may order that the issues presented by the 144.36 proposed rate changes be bifurcated into two separate hearings 145.1 as follows: (1) determination of the telephone company's 145.2 revenue requirements and (2) determination of the rate design. 145.3 Upon issuance of both administrative law judge reports, the 145.4 issues shall again be joined for consideration and final 145.5 determination by the commission. All prehearing discovery 145.6 activities of state agency intervenors shall be consolidated and 145.7 conducted by the department ofpublic servicecommerce. If the 145.8 commission does not make a final determination concerning a 145.9 schedule of rates within ten months after the initial filing 145.10 date, the schedule shall be deemed to have been approved by the 145.11 commission; except if a settlement has been submitted to and 145.12 rejected by the commission, the schedule is deemed to have been 145.13 approved 12 months after the initial filing. 145.14 (b) If the commission finds that it has insufficient time 145.15 during the suspension period to make a final determination of a 145.16 case involving changes in general rates because of the need to 145.17 make final determinations of other previously filed cases 145.18 involving changes in general rates under this section or section 145.19 216B.16, the commission may extend the suspension period to the 145.20 extent necessary to allow itself 20 working days to make the 145.21 final determination after it has made final determinations in 145.22 the previously filed cases. An extension of the suspension 145.23 period under this paragraph does not alter the setting of 145.24 interim rates under subdivision 3. 145.25 (c) For the purposes of this section, "final determination" 145.26 means the initial decision of the commission and not any order 145.27 which may be entered by the commission in response to a petition 145.28 for rehearing or other further relief. The commission may 145.29 further suspend rates until it determines all those petitions. 145.30 Sec. 55. Minnesota Statutes 2000, section 237.075, 145.31 subdivision 9, is amended to read: 145.32 Subd. 9. [ELECTION ON REGULATION; COOPERATIVE, MUNICIPAL, 145.33 INDEPENDENT.] For the purposes of this section, "telephone 145.34 company" shall not include a cooperative telephone association 145.35 organized under the provisions of chapter 308A, an independent 145.36 telephone company, or a municipal, unless the cooperative 146.1 telephone association, independent telephone company, or 146.2 municipal makes the election provided in this subdivision. 146.3 A cooperative telephone association may elect to become 146.4 subject to rate regulation by the commission pursuant to this 146.5 section. The election shall be (a) approved by the board of 146.6 directors of the association in accordance with the procedures 146.7 for amending the articles of incorporation contained in section 146.8 308A.135, excluding the filing requirements; or (b) approved by 146.9 a majority of members or stockholders voting by mail ballot 146.10 initiated by petition of no fewer than five percent of the 146.11 members or stockholders of the association. The ballot to be 146.12 used for the election shall be approved by the board of 146.13 directors and the departmentof public service. The department 146.14 shall mail the ballots to the association's members who shall 146.15 return the ballots to the department. The department will keep 146.16 the ballots sealed until a date agreed upon by the department 146.17 and the board of directors. On this date, representatives of 146.18 the department and the association shall count the ballots. If 146.19 a majority of the association's members who vote elect to become 146.20 subject to rate regulation by the commission, the election shall 146.21 be effective 30 days after the date the ballots are counted. 146.22 For purposes of this section, the term "member or stockholder" 146.23 shall mean either the member or stockholder of record or the 146.24 spouse of the member or stockholder unless the association has 146.25 been notified otherwise in writing. 146.26 A municipal may elect to become subject to rate regulation 146.27 by the commission pursuant to this section. The election shall 146.28 be (a) approved by resolution of the governing body of the 146.29 municipality; or (b) approved by a majority of the customers of 146.30 the municipal voting by mail ballot initiated by petition of no 146.31 fewer than 20 percent of the customers of the municipal. The 146.32 ballot to be used for the election shall be approved by the 146.33 governing body of the municipality and the departmentof public146.34service. The department shall mail the ballots to the 146.35 municipal's customers who shall return the ballots to the 146.36 department. The department will keep the ballots sealed until a 147.1 date agreed upon by the department and the governing body of the 147.2 municipality. On this date, representatives of the department 147.3 and the municipal shall count the ballots. If a majority of the 147.4 customers of the municipal who vote elect to become subject to 147.5 rate regulation by the commission, the election shall be 147.6 effective 30 days after the date the ballots are counted. For 147.7 purposes of this section, the term "customer" shall mean either 147.8 the person in whose name the telephone service is registered or 147.9 the spouse of the person unless the municipal utility has been 147.10 notified otherwise in writing. 147.11 An independent telephone company may elect to become 147.12 subject to rate regulation by the commission pursuant to this 147.13 section. The election shall be (a) approved by the board of 147.14 directors of the company in accordance with the procedures for 147.15 amending the articles of incorporation contained in sections 147.16 302A.133 to 302A.139, excluding the filing requirements; or (b) 147.17 approved by a majority of subscribers voting by mail ballot 147.18 initiated by petition of no fewer than five percent of the 147.19 subscribers of the company. The ballot to be used for the 147.20 election shall be approved by the board of directors and the 147.21 departmentof public service. The department shall mail the 147.22 ballots to the company's subscribers who shall return the 147.23 ballots to the department. The department will keep the ballots 147.24 sealed until a date agreed upon by the department and the board 147.25 of directors. On this date, representatives of the department 147.26 and the company shall count the ballots. If a majority of the 147.27 company's subscribers who vote elect to become subject to rate 147.28 regulation by the commission, the election shall be effective 30 147.29 days after the date the ballots are counted. For purposes of 147.30 this section the term "subscriber" shall mean either the person 147.31 in whose name the telephone service is registered or the spouse 147.32 of the person unless the independent telephone company has been 147.33 notified otherwise in writing. 147.34 Sec. 56. Minnesota Statutes 2000, section 237.082, is 147.35 amended to read: 147.36 237.082 [TELECOMMUNICATION SERVICE; POLICY OF INCREASED 148.1 SPEED AND SERVICE.] 148.2 When setting rates, adopting rules, or issuing orders 148.3 related to telecommunication matters that affect deployment of 148.4 the infrastructure, the commission may apply the goals of: 148.5 (1) achieving economically efficient investment in: 148.6 (i) higher speed telecommunication services; and 148.7 (ii) greater capacity for voice, video, and data 148.8 transmission; and 148.9 (2) just and reasonable rates. 148.10 The departmentof public servicemay apply the same goals 148.11 in its regulation of and recommendations regarding 148.12 telecommunication services. 148.13 Sec. 57. Minnesota Statutes 2000, section 237.21, is 148.14 amended to read: 148.15 237.21 [VALUATION OF TELEPHONE PROPERTY.] 148.16 In determining the value of any telephone property for rate 148.17 making purposes, no valuation shall be allowed upon the value of 148.18 any franchise granted by the state or any municipality where no 148.19 payment was or is being made to the state or municipality on 148.20 account thereof. The requirement as to reasonableness of rates 148.21 shall apply to each exchange unit as well as to telephone plants 148.22 as a whole. Provided, that in the case of a company operating a 148.23 telephone system consisting of more than one exchange in the 148.24 state, reasonableness of rates, as measured by earnings, shall 148.25 be determined by a reasonable return from the total operations 148.26 of the system within the state rather than by the return from 148.27 individual exchanges or services. No telephone rates or charges 148.28 shall be allowed or approved by the commission under any 148.29 circumstances, which are inadequate and which are intended to or 148.30 naturally tend to destroy competition or produce a monopoly in 148.31 telephone service in the locality affected. 148.32Laws 1953, chapter 25, shall have no effect on proceedings148.33pending before the courts or the department of public service at148.34the time of its enactment.148.35 Sec. 58. Minnesota Statutes 2000, section 237.30, is 148.36 amended to read: 149.1 237.30 [TELEPHONE INVESTIGATION FUND; APPROPRIATION.] 149.2 The sum of $25,000 is hereby appropriated out of any moneys 149.3 in the state treasury not otherwise appropriated, to establish 149.4 and provide a revolving fund to be known as the Minnesota 149.5 Telephone Investigation Fund for the use of the department of 149.6public servicecommerce and of the attorney general in 149.7 investigations, valuations, and revaluations under section 149.8 237.295. All sums paid by the telephone companies to reimburse 149.9 the departmentof public servicefor its expenses pursuant to 149.10 section 237.295 shall be credited to the revolving fund and 149.11 shall be deposited in a separate bank account and not commingled 149.12 with any other state funds or moneys, but any balance in excess 149.13 of $25,000 in the revolving fund at the end of each fiscal year 149.14 shall be paid into the state treasury and credited to the 149.15 general fund. The sum of $25,000 herein appropriated and all 149.16 subsequent credits to said revolving fund shall be paid upon the 149.17 warrant of the commissioner of finance upon application of the 149.18 department or of the attorney general to an aggregate amount of 149.19 not more than one-half of such sums to each of them, which 149.20 proportion shall be constantly maintained in all credits and 149.21 withdrawals from the revolving fund. 149.22 Sec. 59. Minnesota Statutes 2000, section 237.462, 149.23 subdivision 6, is amended to read: 149.24 Subd. 6. [EXPEDITED PROCEEDING.] (a) The commission may 149.25 order an expedited proceeding under section 237.61 and this 149.26 subdivision, in lieu of a contested case under chapter 14, to 149.27 develop an evidentiary record in any proceeding that involves 149.28 contested issues of material fact either upon request of a party 149.29 or upon the commission's own motion if the complaint alleges a 149.30 violation described in subdivision 1, clauses (1) to (4). The 149.31 commission may order an expedited proceeding under this 149.32 subdivision if the commission finds an expedited proceeding is 149.33 in the public interest, regardless of whether all parties agree 149.34 to the expedited proceeding. In determining whether to grant an 149.35 expedited proceeding, the commission may consider any evidence 149.36 of impairment of the provision of telecommunications service to 150.1 subscribers in the state or impairment of the provision of any 150.2 service or network element subject to the jurisdiction of the 150.3 commission. 150.4 (b) Any request for an expedited proceeding under this 150.5 subdivision must be noted in the title of the first filing by a 150.6 party. The filing shall also state the specific circumstances 150.7 that the party believes warrant an expedited proceeding under 150.8 this subdivision. 150.9 (c) A complaint requesting an expedited proceeding, unless 150.10 filed by the departmentof public serviceor the attorney 150.11 general, must set forth the actions and the dates of the actions 150.12 taken by the party filing the complaint to attempt to resolve 150.13 the alleged violations with the party against whom the complaint 150.14 is filed, including any requests that the party against whom the 150.15 complaint is filed correct the conduct giving rise to the 150.16 violations alleged in the complaint. If no such actions were 150.17 taken by the complainant, the complaint shall set forth the 150.18 reasons why no such actions were taken. The commission may 150.19 order an expedited proceeding even if the filing complaint fails 150.20 to meet this requirement if the commission determines that it 150.21 would be in the public interest to go forward with the expedited 150.22 proceeding without information in the complaint on attempts to 150.23 resolve the dispute. 150.24 (d) The complaining party shall serve the complaint along 150.25 with any written discovery requests by hand delivery and 150.26 facsimile on the party against whom the complaint is filed, the 150.27 departmentof public service, and the office of the attorney 150.28 general on the same day the complaint is filed with the 150.29 commission. 150.30 (e) The party responding to a complaint that includes a 150.31 request for an expedited proceeding under this subdivision shall 150.32 file an answer within 15 days after receiving the complaint. 150.33 The responding party shall state in the answer the party's 150.34 position on the request for an expedited proceeding. The 150.35 responding party shall serve with the answer any objections to 150.36 any written discovery requests as well as any written discovery 151.1 requests the responding party wishes to serve on the complaining 151.2 party. Except for stating any objections, the responding party 151.3 is not required to answer any written discovery requests under 151.4 this subdivision until a time established at a prehearing 151.5 conference. The responding party shall serve a copy of the 151.6 answer and any discovery requests and objections on the 151.7 complaining party, the departmentof public service, and office 151.8 of the attorney general by hand delivery and facsimile on the 151.9 same day as the answer is filed with the commission. 151.10 (f) Within 15 days of receiving the answer to a complaint 151.11 in a proceeding in which a party has requested an expedited 151.12 hearing, the commission shall determine whether the filing 151.13 warrants an expedited proceeding. If the commission decides to 151.14 grant a request by a party or if the commission orders an 151.15 expedited proceeding on its own motion, the commission shall 151.16 conduct within seven days of the decision a prehearing 151.17 conference to schedule the evidentiary hearing. During the 151.18 prehearing conference, the commission shall establish a 151.19 discovery schedule that requires all discovery to be completed 151.20 no later than three days before the start of the hearing. An 151.21 evidentiary hearing under this subdivision must commence no 151.22 later than 45 days after the commission's decision to order an 151.23 expedited proceeding. A quorum of the commission shall preside 151.24 at any evidentiary hearing under this subdivision unless all the 151.25 parties to the proceeding agree otherwise. 151.26 (g) All pleadings submitted under this subdivision must be 151.27 verified and all oral statements of fact made in a hearing or 151.28 deposition under this subdivision must be made under oath or 151.29 affirmation. 151.30 (h) The commission shall issue a written decision and final 151.31 order on the complaint within 15 days after the close of the 151.32 evidentiary hearing under this subdivision. On the day of 151.33 issuance, the commission shall notify the parties by facsimile 151.34 that a final order has been issued and shall provide each party 151.35 with a copy of the final order. 151.36 (i) The commission may extend any time periods under this 152.1 subdivision if all parties to the proceeding agree to the 152.2 extension or if the commission finds the extension is necessary 152.3 to ensure a just resolution of the complaint. 152.4 (j) Except as otherwise provided in this subdivision, an 152.5 expedited proceeding under this subdivision shall be governed by 152.6 the following procedural rules: 152.7 (1) the parties shall have the discovery rights provided in 152.8 Minnesota Rules, parts 1400.6700 to 1400.7000; 152.9 (2) the parties shall have the right to cross-examine 152.10 witnesses as provided in section 14.60, subdivision 3; 152.11 (3) the admissibility of evidence and development of record 152.12 for decision shall be governed by section 14.60 and Minnesota 152.13 Rules, part 1400.7300; and 152.14 (4) the commission may apply other procedures or standards 152.15 included in the rules of the office of administrative hearings, 152.16 as necessary to ensure the fair and expeditious resolution of 152.17 disputes under this section. 152.18 Sec. 60. Minnesota Statutes 2000, section 237.51, 152.19 subdivision 1, is amended to read: 152.20 Subdivision 1. [CREATION.] Thedepartment of public152.21servicecommissioner of commerce shall administer through 152.22 interagency agreement with thedepartmentcommissioner of human 152.23 services a program to distribute communication devices to 152.24 eligible communication-impaired persons and contract with a 152.25 local consumer group that serves communication-impaired persons 152.26 to create and maintain a telecommunication relay service. For 152.27 purposes of sections 237.51 to 237.56, the department ofpublic152.28servicecommerce and any organization with which it contracts 152.29 pursuant to this section or section 237.54, subdivision 2, are 152.30 not telephone companies or telecommunications carriers as 152.31 defined in section 237.01. 152.32 Sec. 61. Minnesota Statutes 2000, section 237.51, 152.33 subdivision 5, is amended to read: 152.34 Subd. 5. [DEPARTMENT OF PUBLIC SERVICECOMMISSIONER OF 152.35 COMMERCE DUTIES.] In addition to any duties specified elsewhere 152.36 in sections 237.51 to 237.56, thedepartment of public service153.1 commissioner of commerce shall: 153.2 (1) prepare the reports required by section 237.55; 153.3 (2) administer the fund created in section 237.52; and 153.4 (3) adopt rules under chapter 14 to implement the 153.5 provisions of sections 237.50 to 237.56. 153.6 Sec. 62. Minnesota Statutes 2000, section 237.51, 153.7 subdivision 5a, is amended to read: 153.8 Subd. 5a. [DEPARTMENT OF HUMAN SERVICES DUTIES.] (a) In 153.9 addition to any duties specified elsewhere in sections 237.51 to 153.10 237.56, thedepartmentcommissioner of human services shall: 153.11 (1) define economic hardship, special needs, and household 153.12 criteria so as to determine the priority of eligible applicants 153.13 for initial distribution of devices and to determine 153.14 circumstances necessitating provision of more than one 153.15 communication device per household; 153.16 (2) establish a method to verify eligibility requirements; 153.17 (3) establish specifications for communication devices to 153.18 be purchased under section 237.53, subdivision 3; and 153.19 (4) inform the public and specifically the community of 153.20 communication-impaired persons of the program. 153.21 (b) Thedepartmentcommissioner may establish an advisory 153.22 board to advise the department in carrying out the duties 153.23 specified in this section and to advise thedepartment of public153.24servicecommissioner of commerce in carrying outitsduties 153.25 under section 237.54. If so established, the advisory board 153.26 must include, at a minimum, the following communication-impaired 153.27 persons: 153.28 (1) at least one member who is deaf; 153.29 (2) at least one member who is speech impaired; 153.30 (3) at least one member who is mobility impaired; and 153.31 (4) at least one member who is hard-of-hearing. 153.32 The membership terms, compensation, and removal of members 153.33 and the filling of membership vacancies are governed by section 153.34 15.059. Advisory board meetings shall be held at the discretion 153.35 of the commissioner. 153.36 Sec. 63. Minnesota Statutes 2000, section 237.52, 154.1 subdivision 2, is amended to read: 154.2 Subd. 2. [ASSESSMENT.] Thedepartment of public154.3servicecommissioner of commerce shall annually recommend to the 154.4 commission an adequate and appropriate surcharge and budget to 154.5 implement sections 237.50 to 237.56. The public utilities 154.6 commission shall review the budget for reasonableness and may 154.7 modify the budget to the extent it is unreasonable. The 154.8 commission shall annually determine the funding mechanism to be 154.9 used within 60 days of receipt of the recommendation of the 154.10 department and shall order the imposition of surcharges 154.11 effective on the earliest practicable date. The commission 154.12 shall establish a monthly charge no greater than 20 cents for 154.13 each customer access line, including trunk equivalents as 154.14 designated by the commission pursuant to section 403.11, 154.15 subdivision 1. 154.16 Sec. 64. Minnesota Statutes 2000, section 237.52, 154.17 subdivision 4, is amended to read: 154.18 Subd. 4. [APPROPRIATION.] Money in the fund is 154.19 appropriated to thedepartment of public servicecommissioner of 154.20 commerce to implement sections 237.51 to 237.56. 154.21 Sec. 65. Minnesota Statutes 2000, section 237.52, 154.22 subdivision 5, is amended to read: 154.23 Subd. 5. [EXPENDITURES.] Money in the fund may only be 154.24 used for: 154.25 (1) expenses of the department ofpublic servicecommerce, 154.26 including personnel cost, public relations, advisory board 154.27 members' expenses, preparation of reports, and other reasonable 154.28 expenses not to exceed ten percent of total program 154.29 expenditures; 154.30 (2) reimbursing the commissioner of human services for 154.31 purchases made or services provided pursuant to section 237.53; 154.32 (3) reimbursing telephone companies for purchases made or 154.33 services provided under section 237.53, subdivision 5; and 154.34 (4) contracting for establishment and operation of the 154.35 telecommunication relay service required by section 237.54. 154.36 All costs directly associated with the establishment of the 155.1 program, the purchase and distribution of communication devices, 155.2 and the establishment and operation of the telecommunication 155.3 relay service are either reimbursable or directly payable from 155.4 the fund after authorization by thedepartment of public service155.5 commissioner of commerce. Thedepartment of public155.6servicecommissioner of commerce shall contract with the message 155.7 relay service operator to indemnify the local exchange carriers 155.8 of the relay service for any fines imposed by the Federal 155.9 Communications Commission related to the failure of the relay 155.10 service to comply with federal service standards. 155.11 Notwithstanding section 16A.41, thedepartment of public service155.12 commissioner may advance money to the contractor of the 155.13 telecommunication relay service if the contractor establishes to 155.14 thedepartment'scommissioner's satisfaction that the advance 155.15 payment is necessary for the operation of the service. The 155.16 advance payment may be used only for working capital reserve for 155.17 the operation of the service. The advance payment must be 155.18 offset or repaid by the end of the contract fiscal year together 155.19 with interest accrued from the date of payment. 155.20 Sec. 66. Minnesota Statutes 2000, section 237.54, 155.21 subdivision 2, is amended to read: 155.22 Subd. 2. [OPERATION.] Thedepartment of public155.23servicecommissioner of commerce shall contract with a local 155.24 consumer organization that serves communication-impaired persons 155.25 for operation and maintenance of the telecommunication relay 155.26 system. Thedepartmentcommissioner may contract with other 155.27 than a local consumer organization if no local consumer 155.28 organization is available to enter into or perform a reasonable 155.29 contract or the only available consumer organization fails to 155.30 comply with terms of a contract. The operator of the system 155.31 shall keep all messages confidential, shall train personnel in 155.32 the unique needs of communication-impaired people, and shall 155.33 inform communication-impaired persons and the public of the 155.34 availability and use of the system. The operator shall not 155.35 relay a message unless it originates or terminates through a 155.36 communication device for the deaf or a Brailling device for use 156.1 with a telephone. 156.2 Sec. 67. Minnesota Statutes 2000, section 237.55, is 156.3 amended to read: 156.4 237.55 [ANNUAL REPORT ON COMMUNICATION ACCESS.] 156.5 Thedepartment of public servicecommissioner of commerce 156.6 must prepare a report for presentation to the commission by 156.7 January 31 of each year. Each report must review the 156.8 accessibility of the telephone system to communication-impaired 156.9 persons, review the ability of non-communication-impaired 156.10 persons to communicate with communication-impaired persons via 156.11 the telephone system, describe services provided, account for 156.12 money received and disbursed annually for each aspect of the 156.13 program to date, and include predicted future operation. 156.14 Sec. 68. Minnesota Statutes 2000, section 237.59, 156.15 subdivision 2, is amended to read: 156.16 Subd. 2. [PETITION.] (a) A telephone company, or the 156.17 commission on its own motion, may petition to have a service of 156.18 that telephone company classified as subject to effective 156.19 competition or emerging competition. The petition must be 156.20 served on the commission, the departmentof public service, the 156.21 office of the attorney general, and any other person designated 156.22 by the commission. The petition must contain at least: 156.23 (1) a list of the known alternative providers of the 156.24 service available to the company's customers; and 156.25 (2) a description of affiliate relationships with any other 156.26 provider of the service in the company's market. 156.27 (b) At the time the company first offers a service, it 156.28 shall also file a petition with the commission for a 156.29 determination as to how the service should be classified. In 156.30 the event that no interested party or the commission objects to 156.31 the company's proposed classification within 20 days of the 156.32 filing of the petition, the company's proposed classification of 156.33 the service is deemed approved. If an objection is filed, the 156.34 commission shall determine the appropriate classification after 156.35 a hearing conducted pursuant to section 237.61. In either 156.36 event, the company may offer the new service to its customers 157.1 ten days after the company files the price list and incremental 157.2 cost study as provided in section 237.60, subdivision 2, 157.3 paragraph (f). 157.4 (c) A new service may be classified as subject to effective 157.5 competition or emerging competition pursuant to the criteria set 157.6 forth in subdivision 5. A new service must be regulated under 157.7 the emerging competition provisions if it is not integrally 157.8 related to the provision of adequate local service or access to 157.9 the telephone network or to the privacy, health, or safety of 157.10 the company's customers, whether or not it meets the criteria 157.11 set forth in subdivision 5. 157.12 Sec. 69. Minnesota Statutes 2000, section 237.768, is 157.13 amended to read: 157.14 237.768 [PERIODIC FINANCIAL REPORT.] 157.15 In addition to the reports required under section 237.766, 157.16 an alternative regulation plan may require a telephone company 157.17 to file with the department an annual report of financial 157.18 matters for the previous calendar year on or before May 1 of 157.19 each year on report forms furnished by the departmentof public157.20servicein the same manner as is required of other telephone 157.21 companies on August 1, 1995. In addition, any company subject 157.22 to a plan shall file with the commission and department a copy 157.23 of any filings it has made to the Federal Communications 157.24 Commission regarding the provisions of video programming 157.25 provided through a video dial tone facility in Minnesota. An 157.26 alternative regulation plan may require a telephone company to 157.27 maintain its accounts in accordance with the system of accounts 157.28 prescribed for the company by the commission under section 157.29 237.10. 157.30 Sec. 70. Minnesota Statutes 2000, section 239.01, is 157.31 amended to read: 157.32 239.01 [WEIGHTS AND MEASURES DIVISION; JURISDICTION.] 157.33 The weights and measures division, referred to in this 157.34 chapter as the division, is created under the jurisdiction of 157.35 the department ofpublic servicecommerce. The division has 157.36 supervision and control over all weights, weighing devices, and 158.1 measures in the state. 158.2 Sec. 71. Minnesota Statutes 2000, section 239.10, is 158.3 amended to read: 158.4 239.10 [ANNUAL INSPECTION.] 158.5 Subdivision 1. [LIGHT CAPACITY SCALES; RETAIL 158.6 ESTABLISHMENTS.] The director shall inspect light capacity 158.7 scales in retail establishments such as grocery stores, other 158.8 retail food establishments, or hardware stores, not more often 158.9 than once every 36 months except when the owner requests an 158.10 inspection, when the scale is inspected as part of an 158.11 investigation, or when the scale has been repaired. 158.12 Subd. 2. [PACKAGED FOOD COMMODITIES.] The director shall 158.13 inspect packaged food commodities in grocery stores and other 158.14 retail food establishments not more often than once every 36 158.15 months except when the owner requests an inspection or when 158.16 packages are inspected as part of an investigation. 158.17 Subd. 3. [OTHER WEIGHTS AND MEASURES.] The director shall 158.18 inspect all weights and measures, except those specified in 158.19 subdivisions 1 and 2, annually, or as often as deemed possible 158.20 within budget and staff limitations. 158.21 Sec. 72. Minnesota Statutes 2000, section 325E.11, is 158.22 amended to read: 158.23 325E.11 [COLLECTION FACILITIES; NOTICE.] 158.24 (a) Any person selling at retail or offering motor oil or 158.25 motor oil filters for retail sale in this state shall: 158.26 (1) post a notice indicating the nearest location where 158.27 used motor oil and used motor oil filters may be returned at no 158.28 cost for recycling or reuse, post a toll-free telephone number 158.29 that may be called by the public to determine a convenient 158.30 location, or post a listing of locations where used motor oil 158.31 and used motor oil filters may be returned at no cost for 158.32 recycling or reuse; or 158.33 (2) if the person is subject to section 325E.112, 158.34 subdivision 1, paragraph (b), post a notice informing customers 158.35 purchasing motor oil or motor oil filters of the location of the 158.36 used motor oil and used motor oil filter collection site 159.1 established by the retailer in accordance with section 325E.112, 159.2 subdivision 1, paragraph (b), where used motor oil and used 159.3 motor oil filters may be returned at no cost. 159.4 (b) A notice under paragraph (a) shall be posted on or 159.5 adjacent to the motor oil and motor oil filter displays, be at 159.6 least 8-1/2 inches by 11 inches in size, contain the universal 159.7 recycling symbol with the following language: 159.8 (1) "It is illegal to put used oil and used motor oil 159.9 filters in the garbage."; 159.10 (2) "Recycle your used oil and used motor oil filters."; 159.11 and 159.12 (3)(i) "There is a free collection site here for your used 159.13 oil and used motor oil filters."; 159.14 (ii) "There is a free collection site for used oil and used 159.15 motor oil filters located at (name of business and street 159.16 address)."; 159.17 (iii) "For the location of a free collection site for used 159.18 oil and used motor oil filters call (toll-free phone number)."; 159.19 or 159.20 (iv) "Here is a list of free collection sites for used oil 159.21 and used motor oil filters." 159.22 (c) The division of weights and measuresunderin the 159.23 department ofpublic servicecommerce shall enforce compliance 159.24 with this section as provided in section 239.54. The pollution 159.25 control agency shall enforce compliance with this section under 159.26 sections 115.071 and 116.072 in coordination with the division 159.27 of weights and measures. 159.28 Sec. 73. Minnesota Statutes 2000, section 325E.115, 159.29 subdivision 2, is amended to read: 159.30 Subd. 2. [COMPLIANCE; MANAGEMENT.] The division of weights 159.31 and measuresunderin the department ofpublic servicecommerce 159.32 shall enforce compliance of subdivision 1 as provided in section 159.33 239.54. The commissioner of the pollution control agency shall 159.34 inform persons governed by subdivision 1 of requirements for 159.35 managing lead acid batteries. 159.36 Sec. 74. Minnesota Statutes 2000, section 326.243, is 160.1 amended to read: 160.2 326.243 [SAFETY STANDARDS.] 160.3 All electrical wiring, apparatus and equipment for electric 160.4 light, heat and power, alarm and communication systems shall 160.5 comply with the rules of the department ofpublic service, the160.6commissioner ofcommerce,or the department of labor and 160.7 industry, as applicable, and be installed in conformity with 160.8 accepted standards of construction for safety to life and 160.9 property. For the purposes of this chapter, the rules and 160.10 safety standards stated at the time the work is done in the then 160.11 most recently published edition of the National Electrical Code 160.12 as adopted by the National Fire Protection Association, Inc. and 160.13 approved by the American National Standards Institute, and the 160.14 National Electrical Safety Code as published by the Institute of 160.15 Electrical and Electronics Engineers, Inc. and approved by the 160.16 American National Standards Institute, shall be prima facie 160.17 evidence of accepted standards of construction for safety to 160.18 life and property; provided further, that in the event a 160.19 Minnesota Building Code is formulated pursuant to section 160.20 16B.61, containing approved methods of electrical construction 160.21 for safety to life and property, compliance with said methods of 160.22 electrical construction of said Minnesota Building Code shall 160.23 also constitute compliance with this section, and provided 160.24 further, that nothing herein contained shall prohibit any 160.25 political subdivision from making and enforcing more stringent 160.26 requirements than set forth herein and such requirements shall 160.27 be complied with by all licensed electricians working within the 160.28 jurisdiction of such political subdivisions. 160.29 Sec. 75. Minnesota Statutes 2000, section 484.50, is 160.30 amended to read: 160.31 484.50 [SUMMONS; PLACE OF TRIAL; ST. LOUIS COUNTY.] 160.32 A party wishing to have an appeal from an order of the 160.33department of public servicepublic utilities commission, an 160.34 election contest, a lien foreclosure, or a civil cause or 160.35 proceeding of a kind commenced or appealed by a party in the 160.36 court, tried in the city of Virginia shall, in the summons, 161.1 notice of appeal in a matter, or other jurisdictional instrument 161.2 issued, in addition to the usual provisions, print, stamp, or 161.3 write thereon the words, "to be tried at the city of Virginia," 161.4 and a party wishing a matter commenced or appealed by a party in 161.5 the court tried at the city of Hibbing shall, in the summons, 161.6 notice of appeal in a matter, or other jurisdictional instrument 161.7 issued, in addition to the usual provisions, print, stamp, or 161.8 write thereon the words, "to be tried at the city of Hibbing," 161.9 and in a case where a summons, notice of appeal in a matter, or 161.10 other jurisdictional instrument contains a specification, the 161.11 case shall be tried at the city of Virginia, or the city of 161.12 Hibbing, as the case may be, unless the defendant shall have the 161.13 place of trial fixed in the manner specified in this section. 161.14 If the place of trial designated is not the proper place of 161.15 trial, as specified in sections 484.44 to 484.52, the cause 161.16 shall nevertheless be tried in a place, unless the defendant, in 161.17 an answer in addition to the other allegations of defense, shall 161.18 plead the location of the defendant's residence, and demand that 161.19 the action be tried at the place of holding the court nearest 161.20 the defendant's residence, as provided in this section; and in a 161.21 case where the answer of the defendant pleads the place of 161.22 residence and makes a demand of place of trial, the plaintiff, 161.23 in reply, may admit or deny the allegations of residence, and if 161.24 the allegations of residence are not expressly denied, the case 161.25 shall be tried at the place demanded by the defendant, and if 161.26 the allegations of residence are denied, the place of trial 161.27 shall be determined by the court on motion. 161.28 If there are several defendants, residing at different 161.29 places in a county, the trial shall be at the place in which the 161.30 majority of the defendants unite in demanding, or if the numbers 161.31 are equal, at the place nearest the residence of the majority of 161.32 the defendants. 161.33 The venue of an action may be changed from one of these 161.34 places to another, by order of the court, in the following cases: 161.35 (1) Upon written consent of the parties; 161.36 (2) When it appears, on motion, that a party has been made 162.1 a defendant for the purpose of preventing a change of venue as 162.2 provided in this section; 162.3 (3) When an impartial trial cannot be held in the place 162.4 where the action is pending; or 162.5 (4) When the convenience of witnesses and the ends of 162.6 justice would be promoted by the change. 162.7 Application for a change under clause (2), (3), or (4), 162.8 shall be made by motion which shall be returnable and heard at 162.9 the place of commencement of the action. 162.10 Sec. 76. [INSTRUCTION TO REVISOR.] 162.11 The revisor of statutes shall change the words "public 162.12 service" to the word "commerce" in the following sections of 162.13 Minnesota Statutes: 13.68; 13.681; 17A.04, subdivisions 6, 7, 162.14 and 8; 17A.10, subdivision 1; 41A.09, subdivision 7; 116C.03, 162.15 subdivision 2; 160.262, subdivision 3; 216A.085, subdivision 1; 162.16 216B.241, subdivision 1; 237.295, subdivision 1; 237.662, 162.17 subdivision 3; 237.70, subdivision 7; 239.05, subdivisions 6c, 162.18 7a, 8, and 8c; 272.0211, subdivision 1; 296A.02, subdivision 1; 162.19 308A.210, subdivisions 5 and 6; 325F.733, subdivision 7; and 162.20 469.164, subdivision 2. 162.21 Sec. 77. [REPEALER.] 162.22 Minnesota Statutes 2000, sections 216A.06; and 237.69, 162.23 subdivision 3, are repealed. 162.24 Sec. 78. [EFFECTIVE DATE.] 162.25 This article is effective July 1, 2001.