as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to appropriations; appropriating money for 1.3 transportation and other purposes; providing for fees, 1.4 accounts, transfers, and expenditures; authorizing 1.5 administrative powers, penalties, and remedies for 1.6 public safety purposes; making technical and 1.7 clarifying changes; amending Minnesota Statutes 2002, 1.8 sections 115A.908, subdivision 2; 161.20, subdivision 1.9 3; 168.12, subdivision 5; 168.54, subdivision 4; 1.10 168A.29, subdivision 1; 297B.09, subdivision 1; 1.11 299A.465, subdivisions 4, 5; Laws 1999, chapter 238, 1.12 article 1, section 2, subdivision 2; Laws 2001, First 1.13 Special Session chapter 8, article 1, section 2, 1.14 subdivision 2; Laws 2002, chapter 374, article 11, 1.15 section 10, subdivision 3; proposing coding for new 1.16 law in Minnesota Statutes, chapter 299A; repealing 1.17 Minnesota Statutes 2002, section 16A.88, subdivision 1.18 3; Minnesota Rules, part 7403.1300. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 ARTICLE 1 1.21 TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS 1.22 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 1.23 The sums shown in the columns marked "APPROPRIATIONS" are 1.24 appropriated from the general fund, or another named fund, to 1.25 the agencies and for the purposes specified in this article, to 1.26 be available for the fiscal years indicated for each purpose. 1.27 The figures "2004" and "2005," where used in this article, mean 1.28 that the appropriations listed under them are available for the 1.29 year ending June 30, 2004, or June 30, 2005, respectively. If 1.30 the figures are not used, the appropriations are available for 1.31 the year ending June 30, 2004, or June 30, 2005, respectively. 1.32 The term "first year" means the year ending June 30, 2004, and 2.1 the term "second year" means the year ending June 30, 2005. 2.2 SUMMARY BY FUND 2.3 2004 2005 TOTAL 2.4 General $ 80,069,000 $ 80,955,000 $ 161,024,000 2.5 Airports 20,148,000 20,148,000 40,296,000 2.6 C.S.A.H. 426,020,000 433,631,000 859,651,000 2.7 M.S.A.S. 112,290,000 114,661,000 226,951,000 2.8 Special Revenue 994,000 994,000 1,988,000 2.9 Highway User 11,061,000 11,061,000 22,122,000 2.10 Trunk Highway 1,093,937,000 1,094,222,000 2,188,159,000 2.11 Greater Minnesota 2.12 Transit 7,264,000 7,264,000 14,528,000 2.13 TOTAL $1,751,783,000 $1,762,936,000 $3,514,719,000 2.14 APPROPRIATIONS 2.15 Available for the Year 2.16 Ending June 30 2.17 2004 2005 2.18 Sec. 2. TRANSPORTATION 2.19 Subdivision 1. Total 2.20 Appropriation $1,581,941,000 $1,592,209,000 2.21 The appropriations in this section are 2.22 from the trunk highway fund, except 2.23 when another fund is named. 2.24 Summary by Fund 2.25 2004 2005 2.26 General 16,220,000 16,221,000 2.27 Airports 20,148,000 20,148,000 2.28 C.S.A.H. 426,020,000 433,631,000 2.29 M.S.A.S. 112,290,000 114,661,000 2.30 Trunk Highway 999,999,000 1,000,284,000 2.31 Greater Minnesota 2.32 Transit 7,264,000 7,264,000 2.33 The amounts that may be spent from this 2.34 appropriation for each program are 2.35 specified in the following subdivisions. 2.36 Subd. 2. Multimodal Systems 49,552,000 49,553,000 2.37 Summary by Fund 2.38 Airports 20,123,000 20,123,000 2.39 General 16,155,000 16,156,000 2.40 Trunk Highway 6,010,000 6,010,000 2.41 Greater Minnesota 3.1 Transit 7,264,000 7,264,000 3.2 The amounts that may be spent from this 3.3 appropriation for each activity are as 3.4 follows: 3.5 (a) Aeronautics 3.6 21,135,000 21,135,000 3.7 Summary by Fund 3.8 Airports 20,123,000 20,123,000 3.9 Trunk Highway 1,012,000 1,012,000 3.10 Except as otherwise provided, the 3.11 appropriations in this subdivision are 3.12 from the state airports fund. 3.13 (1) Airport Development 3.14 and Assistance 3.15 14,196,000 14,196,000 3.16 These appropriations must be spent 3.17 according to Minnesota Statutes, 3.18 section 360.305, subdivision 4. 3.19 Notwithstanding Minnesota Statutes, 3.20 section 16A.28, subdivision 6, funds 3.21 are available for five years after 3.22 appropriation. 3.23 If the appropriation for either year is 3.24 insufficient, the appropriation for the 3.25 other year is available for it. 3.26 (2) Aviation Support and Services 3.27 Summary by Fund 3.28 Airports 7,531,000 7,531,000 3.29 Trunk Highway 1,012,000 1,012,000 3.30 $65,000 the first year and $65,000 the 3.31 second year are for the civil air 3.32 patrol. 3.33 (b) Transit 3.34 23,221,000 23,222,000 3.35 Summary by Fund 3.36 General 15,809,000 15,810,000 3.37 Greater Minnesota 3.38 Transit 7,264,000 7,264,000 3.39 Trunk Highway 148,000 148,000 3.40 (c) Freight 3.41 1,569,000 1,569,000 3.42 Summary by Fund 3.43 General 220,000 220,000 4.1 Trunk Highway 1,349,000 1,349,000 4.2 (d) Commercial Vehicles 4.3 3,627,000 3,627,000 4.4 Summary by Fund 4.5 General 126,000 126,000 4.6 Trunk Highway 3,501,000 3,501,000 4.7 Subd. 3. State Roads 942,099,000 942,384,000 4.8 Summary by Fund 4.9 General 9,000 9,000 4.10 Trunk Highway 942,090,000 942,375,000 4.11 The amounts that may be spent from this 4.12 appropriation for each activity are as 4.13 follows: 4.14 (a) Infrastructure Investment and Planning 4.15 738,268,000 738,553,000 4.16 $266,000 the first year and $266,000 4.17 the second year are available for 4.18 grants to metropolitan planning 4.19 organizations outside the seven-county 4.20 metropolitan area. 4.21 $75,000 the first year and $75,000 the 4.22 second year are for a transportation 4.23 research contingent account to finance 4.24 research projects that are reimbursable 4.25 from the federal government or from 4.26 other sources. If the appropriation 4.27 for either year is insufficient, the 4.28 appropriation for the other year is 4.29 available for it. 4.30 $600,000 the first year and $600,000 4.31 the second year are available for 4.32 grants for transportation studies 4.33 outside the metropolitan area to 4.34 identify critical concerns, problems, 4.35 and issues. These grants are available 4.36 (1) to regional development 4.37 commissions, and (2) in regions where 4.38 no regional development commission is 4.39 functioning, to joint powers boards 4.40 established under agreement of two or 4.41 more political subdivisions in the 4.42 region to exercise the planning 4.43 functions of a regional development 4.44 commission, and (3) in regions where no 4.45 regional development commission or 4.46 joint powers board is functioning, to 4.47 the department's district office for 4.48 that region. 4.49 (1) State Road Construction 4.50 564,707,000 564,707,000 4.51 It is estimated that these 4.52 appropriations will be funded as 4.53 follows: 5.1 Federal Highway Aid 5.2 275,000,000 275,000,000 5.3 Highway User Taxes 5.4 289,707,000 289,707,000 5.5 The commissioner of transportation 5.6 shall notify the chair of the 5.7 transportation budget division of the 5.8 senate and the chair of the 5.9 transportation finance committee of the 5.10 house of representatives of any 5.11 significant events that should cause 5.12 these estimates to change. 5.13 This appropriation is for the actual 5.14 construction, reconstruction, and 5.15 improvement of trunk highways including 5.16 consultant usage to support these 5.17 activities. This includes the cost of 5.18 actual payment to landowners for lands 5.19 acquired for highway rights-of-way, 5.20 payment to lessees, interest subsidies, 5.21 and relocation expenses. 5.22 The commissioner may transfer up to 5.23 $15,000,000 each year to the 5.24 transportation revolving loan fund. 5.25 The commissioner may receive money 5.26 covering other shares of the cost of 5.27 partnership projects. These receipts 5.28 are appropriated to the commissioner 5.29 for these projects. 5.30 (2) Highway Debt Service 5.31 16,823,000 17,108,000 5.32 $10,134,000 the first year and 5.33 $10,419,000 the second year are for 5.34 transfer to the state bond fund. If 5.35 this appropriation is insufficient to 5.36 make all transfers required in the year 5.37 for which it is made, the commissioner 5.38 of finance shall notify the committee 5.39 on state government finance of the 5.40 senate and the committee on ways and 5.41 means of the house of representatives 5.42 of the amount of the deficiency and 5.43 shall then transfer that amount under 5.44 the statutory open appropriation. Any 5.45 excess appropriation cancels to the 5.46 trunk highway fund. 5.47 (b) Infrastructure Operations 5.48 and Maintenance 5.49 198,441,000 198,441,000 5.50 (c) Electronic Communications 5.51 5,390,000 5,390,000 5.52 Summary by Fund 5.53 General 9,000 9,000 5.54 Trunk Highway 5,381,000 5,381,000 6.1 $9,000 the first year and $9,000 the 6.2 second year are from the general fund 6.3 for equipment and operation of the 6.4 Roosevelt signal tower for Lake of the 6.5 Woods weather broadcasting. 6.6 Subd. 4. Local Roads 538,310,000 548,292,000 6.7 Summary by Fund 6.8 C.S.A.H. 426,020,000 433,631,000 6.9 M.S.A.S. 112,290,000 114,661,000 6.10 The amounts that may be spent from this 6.11 appropriation for each activity are as 6.12 follows: 6.13 (a) County State Aids 6.14 426,020,000 433,631,000 6.15 This appropriation is from the county 6.16 state-aid highway fund and is available 6.17 until spent. 6.18 (b) Municipal State Aids 6.19 112,290,000 114,661,000 6.20 This appropriation is from the 6.21 municipal state-aid street fund and is 6.22 available until spent. 6.23 If an appropriation for either county 6.24 state aids or municipal state aids does 6.25 not exhaust the balance in the fund 6.26 from which it is made in the year for 6.27 which it is made, the commissioner of 6.28 finance, upon request of the 6.29 commissioner of transportation, shall 6.30 notify the chair of the transportation 6.31 finance committee of the house of 6.32 representatives and the chair of the 6.33 transportation budget division of the 6.34 senate of the amount of the remainder 6.35 and shall then add that amount to the 6.36 appropriation. The amount added is 6.37 appropriated for the purposes of county 6.38 state aids or municipal state aids, as 6.39 appropriate. 6.40 Subd. 5. General Support 6.41 and Services 51,980,000 51,980,000 6.42 Summary by Fund 6.43 General 56,000 56,000 6.44 Airports 25,000 25,000 6.45 Trunk Highway 51,899,000 51,899,000 6.46 The amounts that may be spent from this 6.47 appropriation for each activity are as 6.48 follows: 6.49 (a) Department Support 6.50 38,653,000 38,653,000 7.1 Summary by Fund 7.2 Airports 25,000 25,000 7.3 Trunk Highway 38,628,000 38,628,000 7.4 (b) Buildings 7.5 13,327,000 13,327,000 7.6 Summary by Fund 7.7 General 56,000 56,000 7.8 Trunk Highway 13,271,000 13,271,000 7.9 If the appropriation for either year is 7.10 insufficient, the appropriation for the 7.11 other year is available for it. 7.12 Subd. 6. Transfers 7.13 (a) With the approval of the 7.14 commissioner of finance, the 7.15 commissioner of transportation may 7.16 transfer unencumbered balances among 7.17 the appropriations from the trunk 7.18 highway fund and the state airports 7.19 fund made in this section. No transfer 7.20 may be made from the appropriation for 7.21 state road construction. No transfer 7.22 may be made from the appropriations for 7.23 debt service to any other appropriation. 7.24 Transfers under this paragraph may not 7.25 be made between funds. Transfers 7.26 between programs must be reported 7.27 immediately to the chair of the 7.28 transportation budget division of the 7.29 senate and the chair of the 7.30 transportation finance committee of the 7.31 house of representatives. 7.32 (b) The commissioner of finance shall 7.33 transfer from the flexible account in 7.34 the county state-aid highway fund 7.35 $14,400,000 the first year and 7.36 $8,300,000 the second year to the 7.37 municipal turnback account in the 7.38 municipal state-aid street fund, and 7.39 the remainder in each year to the 7.40 county turnback account in the county 7.41 state-aid highway fund. 7.42 Subd. 7. Use of State Road 7.43 Construction Appropriations 7.44 Any money appropriated to the 7.45 commissioner of transportation for 7.46 state road construction for any fiscal 7.47 year before fiscal year 2003 is 7.48 available to the commissioner during 7.49 fiscal years 2004 and 2005 to the 7.50 extent that the commissioner spends the 7.51 money on the state road construction 7.52 project for which the money was 7.53 originally encumbered during the fiscal 7.54 year for which it was appropriated. 7.55 The commissioner of transportation 7.56 shall report to the commissioner of 7.57 finance by August 1, 2003, and August 7.58 1, 2004, on a form the commissioner of 8.1 finance provides, on expenditures made 8.2 during the previous fiscal year that 8.3 are authorized by this subdivision. 8.4 Subd. 8. Contingent Appropriation 8.5 The commissioner of transportation, 8.6 with the approval of the governor after 8.7 review by the legislative advisory 8.8 commission under Minnesota Statutes, 8.9 section 3.30, may transfer all or part 8.10 of the unappropriated balance in the 8.11 trunk highway fund to an appropriation 8.12 (1) for trunk highway design, 8.13 construction, or inspection in order to 8.14 take advantage of an unanticipated 8.15 receipt of income to the trunk highway 8.16 fund or to take advantage of Federal 8.17 Advanced Construction funding, (2) for 8.18 trunk highway maintenance in order to 8.19 meet an emergency, or (3) to pay tort 8.20 or environmental claims. Any transfer 8.21 as a result of the use of Federal 8.22 Advanced Construction funding must 8.23 include an analysis of the effects on 8.24 the long-term trunk highway fund 8.25 balance. The amount transferred is 8.26 appropriated for the purpose of the 8.27 account to which it is transferred. 8.28 Sec. 3. METROPOLITAN COUNCIL 8.29 TRANSIT 55,693,000 56,573,000 8.30 (a) The agency's budget base for fiscal 8.31 year 2006 is $56,693,000 and for fiscal 8.32 year 2007 is $57,693,000. 8.33 (b) Bus Transit 8.34 53,453,000 53,453,000 8.35 This appropriation is for operations of 8.36 the bus system. 8.37 (c) Rail Operations 8.38 2,240,000 3,120,000 8.39 This appropriation is for operations of 8.40 the Hiawatha LRT line. The base for 8.41 rail operations for fiscal year 2006 is 8.42 $3,240,000 and for fiscal year 2007 is 8.43 $4,240,000. 8.44 Sec. 4. PUBLIC SAFETY 8.45 Subdivision 1. Total 8.46 Appropriation 114,149,000 114,154,000 8.47 Summary by Fund 8.48 General 8,156,000 8,161,000 8.49 Trunk Highway 93,938,000 93,938,000 8.50 Highway User 11,061,000 11,061,000 8.51 Special Revenue 994,000 994,000 8.52 Subd. 2. Administration 8.53 and Related Services 9,684,000 9,689,000 9.1 Summary by Fund 9.2 General 2,361,000 2,366,000 9.3 Trunk Highway 5,938,000 5,938,000 9.4 Highway User 1,385,000 1,385,000 9.5 (a) Office of Communications 9.6 385,000 385,000 9.7 Summary by Fund 9.8 General 39,000 39,000 9.9 Trunk Highway 346,000 346,000 9.10 (b) Public Safety Support 9.11 6,845,000 6,850,000 9.12 Summary by Fund 9.13 General 2,231,000 2,236,000 9.14 Trunk Highway 3,248,000 3,248,000 9.15 Highway User 1,366,000 1,366,000 9.16 $365,000 the first year and $370,000 9.17 the second year are for payment of 9.18 public safety officer survivor benefits 9.19 under Minnesota Statutes, section 9.20 299A.44. If the appropriation for 9.21 either year is insufficient, the 9.22 appropriation for the other year is 9.23 available for it. The base for fiscal 9.24 year 2006 is $375,000 and for fiscal 9.25 year 2007 is $380,000. 9.26 $314,000 the first year and $314,000 9.27 the second year are to be deposited in 9.28 the public safety officer's benefit 9.29 account. This money is available for 9.30 reimbursements under Minnesota 9.31 Statutes, section 299A.465. 9.32 $508,000 the first year and $508,000 9.33 the second year are for soft body armor 9.34 reimbursements under Minnesota 9.35 Statutes, section 299A.38. 9.36 $792,000 the first year and $792,000 9.37 the second year are appropriated from 9.38 the general fund for transfer by the 9.39 commissioner of finance to the trunk 9.40 highway fund on December 31, 2003, and 9.41 December 31, 2004, respectively, in 9.42 order to reimburse the trunk highway 9.43 fund for expenses not related to the 9.44 fund. These represent amounts 9.45 appropriated out of the trunk highway 9.46 fund for general fund purposes in the 9.47 administration and related services 9.48 program. 9.49 $610,000 the first year and $610,000 9.50 the second year are appropriated from 9.51 the highway user tax distribution fund 10.1 for transfer by the commissioner of 10.2 finance to the trunk highway fund on 10.3 December 31, 2003, and December 31, 10.4 2004, respectively, in order to 10.5 reimburse the trunk highway fund for 10.6 expenses not related to the fund. 10.7 These represent amounts appropriated 10.8 out of the trunk highway fund for 10.9 highway user tax distribution fund 10.10 purposes in the administration and 10.11 related services program. 10.12 $716,000 the first year and $716,000 10.13 the second year are appropriated from 10.14 the highway user tax distribution fund 10.15 for transfer by the commissioner of 10.16 finance to the general fund on December 10.17 31, 2001, and December 31, 2002, 10.18 respectively, in order to reimburse the 10.19 general fund for expenses not related 10.20 to the fund. These represent amounts 10.21 appropriated out of the general fund 10.22 for operation of the criminal justice 10.23 data network related to driver and 10.24 motor vehicle licensing. 10.25 (c) Technical Support Services 10.26 2,454,000 2,454,000 10.27 Summary by Fund 10.28 General 91,000 91,000 10.29 Trunk Highway 2,344,000 2,344,000 10.30 Highway User 19,000 19,000 10.31 Subd. 3. State Patrol 66,332,000 66,332,000 10.32 Summary by Fund 10.33 General 2,871,000 2,871,000 10.34 Trunk Highway 63,369,000 63,369,000 10.35 Highway User 92,000 92,000 10.36 (a) Patrolling Highways 10.37 57,024,000 57,024,000 10.38 Summary by Fund 10.39 General 37,000 37,000 10.40 Trunk Highway 56,895,000 56,895,000 10.41 Highway User 92,000 92,000 10.42 (b) Commercial Vehicle Enforcement 10.43 6,474,000 6,474,000 10.44 This appropriation is from the trunk 10.45 highway fund. 10.46 (c) Capitol Security 10.47 2,834,000 2,834,000 11.1 Subd. 4. Driver and Vehicle Services 11.2 36,815,000 36,815,000 11.3 Summary by Fund 11.4 General 2,924,000 2,924,000 11.5 Trunk Highway 24,307,000 24,307,000 11.6 Highway User 9,584,000 9,584,000 11.7 (a) Vehicle Services 11.8 12,452,000 12,452,000 11.9 Summary by Fund 11.10 General 2,868,000 2,868,000 11.11 Highway User 9,584,000 9,584,000 11.12 (b) Driver Services 11.13 24,363,000 24,363,000 11.14 Summary by Fund 11.15 General 56,000 56,000 11.16 Trunk Highway 24,307,000 24,307,000 11.17 Subd. 5. Traffic Safety 324,000 324,000 11.18 This appropriation is from the trunk 11.19 highway fund. 11.20 Subd. 6. Pipeline Safety 994,000 994,000 11.21 This appropriation is from the pipeline 11.22 safety account in the special revenue 11.23 fund. 11.24 Sec. 5. GENERAL CONTINGENT 11.25 ACCOUNTS 375,000 375,000 11.26 Summary by Fund 11.27 Trunk Highway 200,000 200,000 11.28 Highway User 125,000 125,000 11.29 Airports 50,000 50,000 11.30 The appropriations in this section may 11.31 only be spent with the approval of the 11.32 governor after consultation with the 11.33 legislative advisory commission 11.34 pursuant to Minnesota Statutes, section 11.35 3.30. 11.36 If an appropriation in this section for 11.37 either year is insufficient, the 11.38 appropriation for the other year is 11.39 available for it. 11.40 Sec. 6. TORT CLAIMS 600,000 600,000 11.41 To be spent by the commissioner of 11.42 finance. 12.1 This appropriation is from the trunk 12.2 highway fund. 12.3 If the appropriation for either year is 12.4 insufficient, the appropriation for the 12.5 other year is available for it. 12.6 ARTICLE 2 12.7 OTHER TRANSPORTATION CHANGES 12.8 Section 1. Minnesota Statutes 2002, section 115A.908, 12.9 subdivision 2, is amended to read: 12.10 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be 12.11 credited to themotor vehicle transfer account in the12.12environmental fund. As cash flow permits, the commissioner of12.13finance must transfer (1) $3,200,000 each fiscal year from the12.14motor vehicle transfer account to the environmental response,12.15compensation, and compliance account established in section12.16115B.20; and (2) $1,200,000 each fiscal year from the motor12.17vehicle transfer account to thegeneral fund. 12.18 Sec. 2. Minnesota Statutes 2002, section 161.20, 12.19 subdivision 3, is amended to read: 12.20 Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 12.21 commissioner may expend trunk highway funds only for trunk 12.22 highway purposes. Payment of expenses related tosales tax,12.23 bureau of criminal apprehension laboratory, office of tourism 12.24 kiosks, Minnesota safety council, tort claims, driver education 12.25 programs, emergency medical services board, and Mississippi 12.26 River parkway commission do not further a highway purpose and do 12.27 not aid in the construction, improvement, or maintenance of the 12.28 highway system. 12.29 Sec. 3. Minnesota Statutes 2002, section 168.12, 12.30 subdivision 5, is amended to read: 12.31 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 12.32 otherwise authorized or any tax otherwise imposed upon any motor 12.33 vehicle, the payment of which is required as a condition to the 12.34 issuance of any number license plate or plates, the commissioner 12.35 of public safetymayshall imposeathe fee specified in 12.36 paragraph (b) that is calculated to cover the cost of 12.37 manufacturing and issuing the license plate or plates, except 13.1 for license plates issued to disabled veterans as defined in 13.2 section 168.031 and license plates issued pursuant to section 13.3 168.124, 168.125, or 168.27, subdivisions 16 and 17, for 13.4 passenger automobiles. Graphic design license plates shall only 13.5 be issued for vehicles registered pursuant to section 168.017 13.6 and recreational vehicles registered pursuant to section 13.7 168.013, subdivision 1g. 13.8 (b) Unless otherwise specified or exempted by statute, the 13.9 following plate and validation sticker fees apply for the 13.10 original, duplicate, or replacement issuance of a plate in a 13.11 plate year: 13.12 Sequential Double Plate $ 4.25 13.13 Sequential Special Plate-Double $ 7.00 13.14 Sequential Single Plate $ 3.00 13.15 Sequential Special Plate-Single $ 5.50 13.16 Self-Adhesive Plate $ 2.50 13.17 Nonsequential Double Plate $14.00 13.18 Nonsequential Single Plate $10.00 13.19 Duplicate Sticker $ 1.00 13.20 (c) Fees collected under this subdivision must be paid into 13.21 the state treasury and credited to the highway user tax 13.22 distribution fund. 13.23 Sec. 4. Minnesota Statutes 2002, section 168.54, 13.24 subdivision 4, is amended to read: 13.25 Subd. 4. [TRANSFER FEE.] A fee of$2$3 is imposed upon 13.26 every transfer of ownership by the commissioner of public safety 13.27 of any motor vehicle for which a registration certificate has 13.28 heretofore been issued under this chapter, except vehicles sold 13.29 for the purposes of salvage or dismantling or permanent removal 13.30 from the state. 13.31 Sec. 5. Minnesota Statutes 2002, section 168A.29, 13.32 subdivision 1, is amended to read: 13.33 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 13.34 the following fees: 13.35 (1) for filing an application for and the issuance of an 13.36 original certificate of title, the sum of$2$3; 14.1 (2) for each security interest when first noted upon a 14.2 certificate of title, including the concurrent notation of any 14.3 assignment thereof and its subsequent release or satisfaction, 14.4 the sum of $2, except that no fee is due for a security interest 14.5 filed by a public authority under section 168A.05, subdivision 14.6 8; 14.7 (3) for the transfer of the interest of an owner and the 14.8 issuance of a new certificate of title, the sum of$2$3; 14.9 (4) for each assignment of a security interest when first 14.10 noted on a certificate of title, unless noted concurrently with 14.11 the security interest, the sum of $1; 14.12 (5) for issuing a duplicate certificate of title, the sum 14.13 of $4. 14.14 (b) After June 30, 1994, in addition to each of the fees 14.15 required under paragraph (a), clauses (1) and (3), the 14.16 department shall be paid $3.50. The additional fee collected 14.17 under this paragraph must be deposited in the special revenue 14.18 fund and credited to the public safety motor vehicle account 14.19 established in section 299A.70. 14.20 Sec. 6. Minnesota Statutes 2002, section 297B.09, 14.21 subdivision 1, is amended to read: 14.22 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 14.23 and received under this chapter must be deposited as provided in 14.24 this subdivision. 14.25 (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 14.26 the money collected and received must be deposited in the 14.27 highway user tax distribution fund, and the remaining money must 14.28 be deposited in the general fund. 14.29 (c) On and after July 1, 2002, 32 percent of the money 14.30 collected and received must be deposited in the highway user tax 14.31 distribution fund, 20.5 percent must be deposited in the 14.32 metropolitan area transit fund under section 16A.88, and 1.25 14.33 percent must be deposited in the greater Minnesota transit fund 14.34 under section 16A.88.In fiscal year 2004 and thereafter, two14.35percent of the money collected and received must be deposited in14.36the metropolitan area transit appropriation account under15.1section 16A.88.The remaining money must be deposited in the 15.2 general fund. 15.3 Sec. 7. Minnesota Statutes 2002, section 299A.465, 15.4 subdivision 4, is amended to read: 15.5 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 15.6 employer subject to this section may annually apply by August 1 15.7 for the preceding fiscal year to the commissioner of public 15.8 safety for reimbursement to help defray a portion of its costs 15.9 of complying with this section. The commissioner shall provide 15.10reimbursementan equal pro rata share to the public employer out 15.11 of the public safety officer's benefit account based on the 15.12 availability of funds for each eligible officer, firefighter, 15.13 and qualifying dependents. Individual shares must not exceed 15.14 the actual costs of providing coverage under this section by a 15.15 public employer. 15.16 Sec. 8. Minnesota Statutes 2002, section 299A.465, 15.17 subdivision 5, is amended to read: 15.18 Subd. 5. [DEFINITION.] For purposes of this section: 15.19 (a) "Peace officer" or "officer" has the meaning given in 15.20 section 626.84, subdivision 1, paragraph (c). 15.21 (b) "Dependent" means a person who meets the definition of 15.22 dependent in section 62L.02, subdivision 11, at the time of the 15.23 officer's or firefighter's injury or death. A person is not a 15.24 dependent for purposes of this section during the period of time 15.25 the person is covered under another group health plan. 15.26 (c) "Firefighter" has the meaning given in Minnesota 15.27 Statutes 2000, section 424.03, but does not include volunteer 15.28 firefighters. 15.29 (d) "Disabling injury" is a physical harm that occurred in 15.30 the line of duty. Posttraumatic stress disorders and emotional 15.31 and psychological conditions, which may result from the peace 15.32 officer's or firefighter's duties, are not covered under this 15.33 section. 15.34 Sec. 9. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 15.35 GENERAL.] 15.36 Subdivision 1. [DEFINITIONS.] (a) For purposes of sections 16.1 299A.80 to 299A.803, the terms defined in this subdivision have 16.2 the meanings given them. 16.3 (b) "Administrative agent" means a person or entity 16.4 licensed by or granted authority by the commissioner of public 16.5 safety under: 16.6 (1) section 168.33 as a deputy registrar; 16.7 (2) section 168C.11 as a deputy registrar of bicycles; or 16.8 (3) section 171.061 as a driver's license agent. 16.9 (c) "Other authority" means licenses, orders, stipulation 16.10 agreements, settlements, or compliance agreements adopted or 16.11 issued by the commissioner of public safety. 16.12 (d) "Commissioner" means the commissioner of public safety. 16.13 (e) "License" means a license, permit, registration, 16.14 appointment, or certificate issued or granted to an 16.15 administrative agent by the commissioner of public safety. 16.16 Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.803 16.17 apply to administrative agents licensed by or subject to other 16.18 authority of the commissioner. 16.19 Subd. 3. [CUMULATIVE REMEDY.] The authority of the 16.20 commissioner to issue an order or assess penalties under 16.21 sections 299A.80 to 299A.803 is in addition to other remedies 16.22 available under statutory or common law, except that the state 16.23 may not seek a civil penalty under any other law for a violation 16.24 covered by an administrative penalty order. The payment of a 16.25 penalty does not preclude the use of other enforcement 16.26 provisions, under which civil fines are not assessed, in 16.27 connection with the violation for which the penalty was assessed. 16.28 Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The 16.29 commissioner, an employee, or an agent authorized by the 16.30 commissioner, upon presentation of credentials, may: 16.31 (1) examine and copy any books, papers, records, memoranda, 16.32 or data of an administrative agent; and 16.33 (2) enter upon any property, public or private, of an 16.34 administrative agent to take actions authorized under statute, 16.35 rule, or other authority, including obtaining information from 16.36 an administrative agent who has a duty to provide information 17.1 under statute, rule, or other authority, taking steps to remedy 17.2 violations, or conducting surveys or investigations. 17.3 Subd. 5. [FALSE INFORMATION.] (a) An administrative agent 17.4 may not: 17.5 (1) make a false material statement, representation, or 17.6 certification in a required document; 17.7 (2) omit material information from a required document; or 17.8 (3) alter, conceal, or fail to file or maintain a required 17.9 document. 17.10 (b) In this section, "required document" means a notice, 17.11 application, record, report, plan, or other document required 17.12 under statute, rule, or other authority. 17.13 Subd. 6. [ENFORCEMENT.] (a) The attorney general may 17.14 proceed on behalf of the state to enforce penalties that are due 17.15 and payable under this section in any manner provided by law for 17.16 the collection of debts. 17.17 (b) The attorney general may petition the district court to 17.18 file the administrative order as an order of the court. At any 17.19 court hearing, the only issues parties may contest are 17.20 procedural and notice issues. Once entered, the administrative 17.21 order may be enforced in the same manner as a final judgment of 17.22 the district court. 17.23 (c) If an administrative agent fails to pay the penalty, 17.24 the attorney general may bring a civil action in district court 17.25 seeking payment of the penalties, injunctive relief, or other 17.26 appropriate relief including monetary damages, attorney fees, 17.27 costs, and interest. 17.28 Subd. 7. [RECOVERY OF LITIGATION COSTS AND EXPENSES.] In 17.29 any judicial action brought by the attorney general for civil 17.30 penalties, injunctive relief, or an action to compel performance 17.31 pursuant to this section, if the state finally prevails, and if 17.32 the proven violation was willful, the state, in addition to 17.33 other penalties provided by law, may be allowed an amount 17.34 determined by the court to be the reasonable value of all or 17.35 part of the litigation expenses incurred by the state. In 17.36 determining the amount of the litigation expenses to be allowed, 18.1 the court must give consideration to the economic circumstances 18.2 of the defendant. 18.3 Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 18.4 ALLOCATED.] An education and compliance account is created for 18.5 the deposit of administrative penalty order receipts. Of the 18.6 funds deposited in this account, the commissioner is authorized 18.7 to expend up to $5,000 per fiscal year for education and 18.8 compliance activities related to the regulated parties affected 18.9 by this chapter. At the end of each biennium, all money not 18.10 expended reverts to the general fund. 18.11 Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 18.12 CEASE AND DESIST AUTHORITY.] The commissioner must prepare a 18.13 plan for using the administrative penalty and cease and desist 18.14 authority in this section. The commissioner must provide a 18.15 30-day period for public comment on the plan. The plan must be 18.16 finalized by July 1, 2004, and may be modified as necessary upon 18.17 subsequent notice and opportunity for comment. 18.18 Sec. 10. [299A.801] [ORDERS AND INJUNCTIONS.] 18.19 Subdivision 1. [CORRECTIVE ORDERS.] (a) The commissioner 18.20 may issue corrective orders that require an administrative agent 18.21 to correct a violation of statute, rule, or other authority. 18.22 The corrective order must state the deficiencies that constitute 18.23 the violation of the specific statute, rule, or other authority, 18.24 and the time by which the violation must be corrected. 18.25 (b) The administrative agent to whom the order was issued 18.26 must provide information to the commissioner, by the due date 18.27 stated in the order, demonstrating that the violation has been 18.28 corrected or that the administrative agent has developed a 18.29 corrective plan acceptable to the commissioner. The 18.30 commissioner must determine whether the violation has been 18.31 corrected and notify the administrative agent subject to the 18.32 order of the commissioner's determination. 18.33 (c) If the administrative agent believes that the 18.34 information contained in the commissioner's corrective order is 18.35 in error, the administrative agent may ask the commissioner to 18.36 reconsider the parts of the order that are alleged to be in 19.1 error. The request must: 19.2 (1) be in writing; 19.3 (2) be delivered to the commissioner by certified mail 19.4 within seven calendar days after receipt of the order; 19.5 (3) specify which parts of the order for corrective action 19.6 are alleged to be in error and explain why they are in error; 19.7 and 19.8 (4) provide documentation to support the allegation of 19.9 error. 19.10 (d) The commissioner must respond to requests made under 19.11 paragraph (c) within 15 calendar days after receiving a 19.12 request. A request for reconsideration does not stay the 19.13 corrective order; however, after reviewing the request for 19.14 reconsideration, the commissioner may provide additional time to 19.15 comply with the order if necessary. The commissioner's 19.16 disposition of a request for reconsideration is final. 19.17 Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an 19.18 employee of the department designated by the commissioner, may 19.19 issue an order to cease an activity otherwise authorized by 19.20 statute, rule, or other authority if continuation of the 19.21 activity would result in an immediate risk to public safety. An 19.22 order issued under this subdivision is effective for a maximum 19.23 of 72 hours. In conjunction with issuing the cease and desist 19.24 order, the commissioner may post a sign to cease an activity 19.25 until the cease and desist order is lifted and the sign is 19.26 removed by the commissioner. To restrain activities for a 19.27 period beyond 72 hours, the commissioner must seek an injunction 19.28 or take other administrative action authorized by law. The 19.29 issuance of a cease and desist order does not preclude the 19.30 commissioner from pursuing any other enforcement action 19.31 available to the commissioner. 19.32 Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to 19.33 any other remedy provided by law, the commissioner may bring an 19.34 action for injunctive relief in the district court in Ramsey 19.35 county or, at the commissioner's discretion, in the district 19.36 court in the county in which a violation of a statute, rule, or 20.1 other authority has occurred to enjoin the violation. 20.2 Sec. 11. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 20.3 Subdivision 1. [GENERAL.] The commissioner may issue an 20.4 order requiring violations to be corrected and administratively 20.5 assess monetary penalties on administrative agents for 20.6 violations of statute, rule, or other authority. The maximum 20.7 amount of an administrative penalty order is $10,000 for each 20.8 administrative agent for all violations identified in an 20.9 inspection or review of compliance. 20.10 Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 20.11 determining the amount of a penalty to be assessed under this 20.12 section, the commissioner may consider: 20.13 (1) the willfulness of the violation; 20.14 (2) the gravity of the violation, including damage to 20.15 consumers or the state; 20.16 (3) the history of past violations; 20.17 (4) the number of violations; 20.18 (5) the economic benefit gained by the administrative agent 20.19 by allowing or committing the violation; and 20.20 (6) other factors as justice may require, if the 20.21 commissioner specifically identifies the additional factors in 20.22 the commissioner's order. 20.23 (b) For a violation after an initial violation, the 20.24 commissioner, in determining the amount of a penalty, must 20.25 consider the factors in paragraph (a) and the following factors: 20.26 (1) similarity of the most recent previous violation and 20.27 the violation to be penalized; 20.28 (2) time elapsed since the last violation; 20.29 (3) number of previous violations; and 20.30 (4) response of the administrative agent to the most recent 20.31 previous violation identified. 20.32 Subd. 3. [CONTENTS OF ORDER.] (a) An order assessing an 20.33 administrative penalty under this section must include: 20.34 (1) a concise statement of the facts alleged to constitute 20.35 a violation; 20.36 (2) a reference to the portion of the statute, rule, 21.1 variance, order, or stipulation agreement or the term or 21.2 condition of a permit that has been violated; 21.3 (3) a statement of the amount of the administrative penalty 21.4 to be imposed and the factors upon which the penalty is based; 21.5 and 21.6 (4) a statement of the administrative agent's right to 21.7 review the order. 21.8 (b) An administrative penalty order may be combined with a 21.9 corrective order under section 299A.801. 21.10 Subd. 4. [FORGIVENESS.] Except as provided in subdivision 21.11 5, paragraph (b), if the commissioner determines that the 21.12 violation has been corrected or the administrative agent to whom 21.13 the order was issued has developed a corrective plan acceptable 21.14 to the commissioner, the penalty must be forgiven. 21.15 Subd. 5. [DUE DATE.] (a) Unless the administrative agent 21.16 requests review of the order under subdivision 6 before the 21.17 penalty is due, the penalty in the order is due and payable: 21.18 (1) on the 31st day after the order was received, if the 21.19 administrative agent subject to the order fails to provide 21.20 information to the commissioner showing that the violation has 21.21 been corrected or that appropriate steps have been taken toward 21.22 correcting the violation; or 21.23 (2) on the 20th day after the administrative agent receives 21.24 the commissioner's determination under paragraph (b), if the 21.25 administrative agent subject to the order has provided 21.26 information to the commissioner that the commissioner determines 21.27 is not sufficient to show the violation has been corrected or 21.28 that appropriate steps have been taken toward correcting the 21.29 violation. 21.30 (b) For repeated or serious violations, the commissioner 21.31 may issue an order with a penalty that will not be forgiven 21.32 after the corrective action is taken. The penalty is due by 31 21.33 days after the order was received unless review of the order 21.34 under subdivision 6 has been sought. 21.35 (c) Interest at the rate established in section 549.09 21.36 begins to accrue on penalties under this subdivision on the 31st 22.1 day after the order with the penalty was received. 22.2 Subd. 6. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 22.3 days after receiving an order or within 20 days after receiving 22.4 notice that the commissioner has determined that a violation has 22.5 not been corrected or appropriate steps have not been taken, the 22.6 administrative agent subject to an order under this section may 22.7 request an expedited hearing, using the procedures of Minnesota 22.8 Rules, parts 1400.8510 to 1400.8612, or their successor rules, 22.9 to review the commissioner's action. The hearing request must 22.10 specifically state the reasons for seeking review of the order. 22.11 The administrative agent to whom the order is directed and the 22.12 commissioner are the parties to the expedited hearing. The 22.13 commissioner must notify the administrative agent to whom the 22.14 order is directed of the time and place of the hearing at least 22.15 15 days before the hearing. The expedited hearing must be held 22.16 within 30 days after a request for hearing has been filed with 22.17 the commissioner unless the parties agree to a later date. 22.18 (b) All written arguments must be submitted within ten days 22.19 following the close of the hearing. The hearing must be 22.20 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 22.21 or their successor rules, as modified by this subdivision. The 22.22 office of administrative hearings, in consultation with the 22.23 agency, may adopt rules specifically applicable to cases under 22.24 this section. 22.25 (c) The administrative law judge must issue a report making 22.26 recommendations about the commissioner's action to the 22.27 commissioner within 30 days following the close of the record. 22.28 The administrative law judge may not recommend a change in the 22.29 amount of the proposed penalty unless the administrative law 22.30 judge determines that, based on the factors in subdivision 1, 22.31 the amount of the penalty is unreasonable. 22.32 (d) If the administrative law judge makes a finding that 22.33 the hearing was requested solely for purposes of delay or that 22.34 the hearing request was frivolous, the commissioner may add to 22.35 the amount of the penalty the costs charged to the agency by the 22.36 office of administrative hearings for the hearing. 23.1 (e) If a hearing has been held, the commissioner may not 23.2 issue a final order until at least five days after receipt of 23.3 the report of the administrative law judge. Within those five 23.4 days, the administrative agent to whom an order is issued may 23.5 comment to the commissioner on the recommendations and the 23.6 commissioner must consider the comments. The final order may be 23.7 appealed in the manner provided in sections 14.63 to 14.69. 23.8 (f) If a hearing has been held and a final order issued by 23.9 the commissioner, the penalty must be paid by 30 days after the 23.10 date the final order is received unless review of the final 23.11 order is requested under sections 14.63 to 14.69. If review is 23.12 not requested or the order is reviewed and upheld, the amount 23.13 due is the penalty, together with interest accruing from 31 days 23.14 after the original order was received at the rate established in 23.15 section 549.09. 23.16 Subd. 7. [MEDIATION.] In addition to review under 23.17 subdivision 6, the commissioner may enter into mediation 23.18 concerning an order issued under this section if the 23.19 commissioner and the administrative agent to whom the order is 23.20 issued both agree to mediation. 23.21 Sec. 12. Laws 1999, chapter 238, article 1, section 2, 23.22 subdivision 2, is amended to read: 23.23 Subd. 2. Aeronautics 19,327,000 19,410,000 23.24 Summary by Fund 23.25 Airports 19,266,000 19,349,000 23.26 General 50,000 50,000 23.27 Trunk Highway 11,000 11,000 23.28 Except as otherwise provided, the 23.29 appropriations in this subdivision are 23.30 from the state airports fund. 23.31 The amounts that may be spent from this 23.32 appropriation for each activity are as 23.33 follows: 23.34 (a) Airport Development and Assistance 23.35 2000 2001 23.36 13,948,000 13,948,000 23.37 $12,846,000 the first year and 23.38 $12,846,000 the second year are for 23.39 navigational aids, construction grants, 24.1 and maintenance grants. If the 24.2 appropriation for either year is 24.3 insufficient, the appropriation for the 24.4 other year is available for it. 24.5 These appropriations must be spent in 24.6 accordance with Minnesota Statutes, 24.7 section 360.305, subdivision 4. 24.8 Notwithstanding Minnesota Statutes, 24.9 section 16A.28, subdivision 6, funds 24.10 are available for five years after 24.11 appropriation. 24.12 (b) Aviation Support 24.13 5,247,000 5,329,000 24.14 $65,000 the first year and $65,000 the 24.15 second year are for the civil air 24.16 patrol. 24.17 (c) Air Transportation Services 24.18 132,000 133,000 24.19 Summary by Fund 24.20 Airports 71,000 72,000 24.21 General 50,000 50,000 24.22 Trunk Highway 11,000 11,000 24.23 Sec. 13. Laws 2001, First Special Session chapter 8, 24.24 article 1, section 2, subdivision 2, is amended to read: 24.25 Subd. 2. Aeronautics 20,748,000 20,489,000 24.26 Summary by Fund 24.27 Airports 20,687,000 20,428,000 24.28 General 50,000 50,000 24.29 Trunk Highway 11,000 11,000 24.30 Except as otherwise provided, the 24.31 appropriations in this subdivision are 24.32 from the state airports fund. 24.33 The amounts that may be spent from this 24.34 appropriation for each activity are as 24.35 follows: 24.36 (a) Airport Development and Assistance 24.37 14,298,000 14,298,000 24.38 These appropriations must be spent 24.39 according to Minnesota Statutes, 24.40 section 360.305, subdivision 4. 24.41 If the appropriation for either year is 24.42 insufficient, the appropriation for the 24.43 other year is available for it. 24.44 Notwithstanding Minnesota Statutes, 24.45 section 16A.28, subdivision 6, funds 24.46 are available for five years after 25.1 appropriation. 25.2 (b) Aviation Support 25.3 6,315,000 6,053,000 25.4 $65,000 the first year and $65,000 the 25.5 second year are for the civil air 25.6 patrol. 25.7 $600,000 each year is for GPS 25.8 navigation systems. Of this amount, 25.9 $250,000 each year adds to the agency's 25.10 budget base. 25.11 $400,000 the first year and $50,000 the 25.12 second year are for the development of 25.13 on-line aircraft registration 25.14 capabilities. 25.15 (c) Air Transportation Services 25.16 135,000 138,000 25.17 Summary by Fund 25.18 Airports 74,000 77,000 25.19 General 50,000 50,000 25.20 Trunk Highway 11,000 11,000 25.21 The commissioner shall take all 25.22 feasible actions to seek a waiver from 25.23 the appropriate federal authorities 25.24 that would allow the commissioner to 25.25 sell the airplane described in Laws 25.26 1997, chapter 159, article 1, section 25.27 2, subdivision 2, clause (c). Any 25.28 proceeds from the sale of the airplane 25.29 must be deposited in the general fund. 25.30 Sec. 14. [REPEALER.] 25.31 (a) Minnesota Statutes 2002, section 16A.88, subdivision 3, 25.32 is repealed. 25.33 (b) Minnesota Rules, part 7403.1300, is repealed. 25.34 Sec. 15. [EFFECTIVE DATE.] 25.35 This article is effective the day following final 25.36 enactment, unless otherwise specified. 25.37 ARTICLE 3 25.38 TECHNICAL CHANGES 25.39 Section 1. Laws 2002, chapter 374, article 11, section 10, 25.40 subdivision 3, is amended to read: 25.41 Subd. 3. 1998CSAHForest Highway9011 590,000 25.42 Sec. 2. [EFFECTIVE DATE.] 25.43 Section 1 is effective the day following final enactment, 25.44 unless otherwise specified.