Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 266-H.F.No. 1709
An act relating to the organization and operation of
state government; appropriating money for the
department of transportation and other agencies with
certain conditions; modifying funds; creating a
justice information policy group; providing for
regulation of certain activities and practices;
increasing fees; amending Minnesota Statutes 1992,
sections 11A.21, subdivision 1; 161.081; 161.39, by
adding a subdivision; 168.345, by adding a
subdivision; 169.121, subdivision 7; 169.123,
subdivision 5a; 171.02, subdivision 1; 171.06,
subdivisions 2 and 4; 171.07, by adding a subdivision;
171.11; 171.12, by adding a subdivision; 171.22,
subdivision 1; 171.26; 174.02, by adding a
subdivision; 241.021, subdivision 1; 296.02,
subdivision 1a; 296.025, subdivision 1a; and 299C.10;
Laws 1992, chapter 513, article 3, section 77;
proposing coding for new law in Minnesota Statutes,
chapter 299C; repealing Minnesota Statutes 1992,
sections 171.20, subdivision 1; 296.01, subdivision 4;
and 296.026.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1993," "1994," and "1995," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1993, June 30, 1994, or
June 30, 1995, respectively.
SUMMARY BY FUND
1993 1994 1995 TOTAL
General $630,000 $ 74,582,000 $ 66,851,000 $142,063,000
Airports 385,000 16,884,000 15,681,000 32,950,000
C.S.A.H. 246,890,000 247,890,000 494,780,000
Environmental 240,000 240,000 480,000
Highway User 11,551,000 11,458,000 23,009,000
M.S.A.S. 71,990,000 71,990,000 143,980,000
Special Revenue 1,252,000 1,252,000 2,504,000
Trunk Highway 754,472,000 760,022,000 1,514,494,000
Transfers to Other
Direct (2,398,000) (2,346,000) (4,744,000)
TOTAL 1,015,000 1,173,767,000 1,174,734,000 2,349,516,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation 385,000 1,036,111,000 1,040,203,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
General 11,659,000 9,192,000
Airports 385,000 16,884,000 15,681,000
C.S.A.H. 246,890,000 247,890,000
Environmental 200,000 200,000
M.S.A.S. 71,990,000 71,990,000
Trunk Highway 688,488,000 695,250,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Aeronautics 385,000 16,692,000 15,487,000
This appropriation is from the state
airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
1993 1994 1995
385,000 11,005,000 10,841,000
$385,000 is appropriated for fiscal
year 1993 from the state airports fund,
to be used in conjunction with funds
provided by the Canadian government for
airport construction at the Piney-Pine
Creek Border Airport, and is available
until the project is either completed
or abandoned.
$1,887,000 the first year and
$2,146,000 the second year are for
navigational aids.
$6,810,000 the first year and
$6,387,000 the second year are for
airport construction grants.
$2,100,000 the first year and
$2,100,000 the second year are for
airport maintenance grants.
If the appropriation for either year
for navigational aids, airport
construction grants, or airport
maintenance grants is insufficient, the
appropriation for the other year is
available for it. The appropriations
for construction grants and maintenance
grants must be expended only for
grant-in-aid programs for airports that
are not state owned.
These appropriations must be expended
in accordance with Minnesota Statutes,
section 360.305, subdivision 4.
The commissioner of transportation may
transfer unencumbered balances among
the appropriations for airport
development and assistance with the
approval of the governor after
consultation with the legislative
advisory commission.
$8,000 the first year and $8,000 the
second year are for maintenance of the
Pine Creek Airport.
$200,000 the first year and $200,000
the second year are for air service
grants.
(b) Civil Air Patrol
65,000 65,000
(c) Aeronautics Administration
5,622,000 4,581,000
Of the appropriation for the first
year, $1,200,000 is for the purchase of
an office building to house the office
of aeronautics.
$15,000 the first year and $15,000 the
second year are for the advisory
council on metropolitan airport
planning. The commissioner of
transportation shall transfer these
funds to the legislative coordinating
commission by July 15 of each year.
Subd. 3. Transit 11,537,000 9,089,000
Summary by Fund
General 11,239,000 8,789,000
Trunk Highway 298,000 300,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Greater Minnesota Transit
Assistance
10,644,000 8,394,000
This appropriation is from the general
fund.
(b) Transit Administration
693,000 695,000
Summary by Fund
General 395,000 395,000
Trunk Highway 298,000 300,000
(c) Light Rail Transit
200,000
This appropriation is from the general
fund and is to match federal funds for
the planning and design of a
metropolitan light rail transit
system. This amount is available only
if Hennepin county provides $400,000
and Ramsey county provides $200,000 to
the commissioner of transportation for
this purpose.
Subd. 4. Railroads and Waterways
1,134,000 1,134,000
Summary by Fund
General 241,000 241,000
Trunk Highway 893,000 893,000
Subd. 5. Motor Carrier Regulation
2,177,000 2,177,000
Summary by Fund
General 107,000 107,000
Trunk Highway 2,070,000 2,070,000
Subd. 6. Local Roads
319,950,000 320,950,000
Summary by Fund
C.S.A.H. 246,890,000 247,890,000
M.S.A.S. 71,990,000 71,990,000
Trunk Highway 1,070,000 1,070,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
246,890,000 247,890,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
71,990,000 71,990,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the committee on finance of the
senate and the committee on ways and
means of the house of representatives
of the amount of the remainder and
shall then add that amount to the
appropriation. The amount added is
appropriated for the purposes of county
state aids or municipal state aids, as
appropriate.
(c) State Aid Technical Assistance
1,070,000 1,070,000
Subd. 7. State Road Construction 360,961,000 363,335,000
Summary by Fund
Environmental 200,000 200,000
Trunk Highway 360,761,000 363,135,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
338,295,000 337,863,000
Summary by Fund
Environmental 200,000 200,000
Trunk Highway 338,095,000 337,663,000
It is estimated that the appropriation
from the trunk highway fund will be
funded as follows:
Federal Highway Aid
185,000,000 185,000,000
Highway User Taxes
153,095,000 152,663,000
The commissioner of transportation
shall notify the chair of the committee
on finance of the senate and chair of
the committee on ways and means of the
house of representatives promptly of
any events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway right-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
(b) Highway Debt Service
14,380,000 17,186,000
$14,380,000 the first year and
$12,486,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on finance of the senate
and the committee on ways and means of
the house of representatives of the
amount of the deficiency and shall then
transfer that amount under the
statutory open appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
(c) Highway Program Administration
2,042,000 2,042,000
$243,000 the first year and $243,000
the second year are available for
grants for transportation studies
outside the metropolitan area for
transportation studies to identify
critical concerns, problems, and
issues. These grants are available to
(1) regional development commissions,
and (2) in regions where no regional
development commission is functioning,
joint-powers boards established under
agreement of two or more political
subdivisions in the region to exercise
the planning functions of a regional
development commission.
$180,000 the first year and $180,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
(d) Transportation Data Analysis
3,279,000 3,279,000
(e) Research and Strategic Initiatives
2,965,000 2,965,000
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
Subd. 8. Highway Program Delivery 115,223,000 115,268,000
(a) Design Engineering
50,493,000 50,538,000
(b) Construction Engineering
64,730,000 64,730,000
Subd. 9. State Road Operations 167,580,000 171,950,000
Summary by Fund
Trunk Highway 167,554,000 171,941,000
General 26,000 9,000
(a) State Road Operations
157,994,000 162,381,000
(b) Electronic Communications
3,365,000 3,348,000
Summary by Fund
General 26,000 9,000
Trunk Highway 3,339,000 3,339,000
$26,000 the first year and $9,000 the
second year are for equipment and
operation of the Roosevelt signal tower
for Lake of the Woods weather
broadcasting.
(c) Traffic Engineering
6,221,000 6,221,000
Subd. 10. Equipment 15,493,000 15,493,000
Summary by Fund
General 5,000 5,000
Airports 59,000 59,000
Trunk Highway 15,429,000 15,429,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 11. General Administration 25,364,000 25,320,000
Summary by Fund
General 41,000 41,000
Airports 133,000 135,000
Trunk Highway 25,190,000 25,144,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Management
15,022,000 15,022,000
(b) General Services
8,718,000 8,672,000
Summary by Fund
General 41,000 41,000
Airports 75,000 75,000
Trunk Highway 8,602,000 8,556,000
$2,045,000 the first year and
$2,045,000 the second year are for data
processing development. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
The commissioner of transportation
shall manage the department of
transportation in such a manner as to
provide seasonal employees of the
department with the maximum feasible
amount of employment security
consistent with the efficient delivery
of department programs.
(c) Legal Services
1,566,000 1,566,000
This appropriation is for the purchase
of legal services from or through the
attorney general.
(d) Air Transportation Services
58,000 60,000
This appropriation is from the state
airports fund.
Subd. 12. Transfers
The commissioner of transportation with
the approval of the commissioner of
finance may transfer unencumbered
balances among the appropriations from
the trunk highway fund and the state
airports fund made in this section. No
transfer may be made from the
appropriation for trunk highway
development. No transfer may be made
from the appropriations for debt
service to any other appropriation.
Transfers may not be made between funds.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on ways and
means of the house of representatives.
Subd. 13. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the trunk highway fund to an
appropriation for trunk highway design,
construction, or inspection in order to
take advantage of an unanticipated
receipt of income to the trunk highway
fund, or to trunk highway maintenance
in order to meet an emergency, or to
pay tort or environmental claims. The
amount transferred is appropriated for
the purpose of the account to which it
is transferred.
Sec. 3. REGIONAL TRANSIT BOARD
Subdivision 1. Total
Appropriation 32,792,000 27,891,000
Subd. 2. Regular Route
15,492,000 12,307,000
Of this amount, $14,692,000 the first
year and $12,307,000 the second year
are for the metropolitan transit
commission. The regional transit board
must not reduce this appropriation to
the metropolitan transit commission.
Subd. 3. Metro Mobility
13,800,000 12,974,000
The regional transit board must not
spend any money for metro mobility
outside this appropriation.
Subd. 4. Community Based
and Agency Costs
3,500,000 2,610,000
Sec. 4. TRANSPORTATION
REGULATION BOARD 705,000 707,000
This appropriation is from the trunk
highway fund.
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 630,000 104,796,000 103,178,000
Summary by Fund
1993 1994 1995
General 630,000 30,064,000 29,701,000
Highway User 11,426,000 11,333,000
Special Revenue 1,252,000 1,252,000
Trunk Highway 64,412,000 63,198,000
Environmental 40,000 40,000
Transfers to Other
Direct (2,398,000) (2,346,000)
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration and
Related Services
4,640,000 4,473,000
Summary by Fund
General 552,000 522,000
Highway User 19,000 19,000
Trunk Highway 4,069,000 3,932,000
$326,000 the first year and $326,000
the second year are for payment of
public safety officer survivor benefits
under Minnesota Statutes, section
299A.44. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
Subd. 3. State Patrol
43,781,000 42,214,000
Summary by Fund
General 389,000 389,000
Highway User 90,000 90,000
Trunk Highway 43,302,000 41,735,000
During the biennium ending June 30,
1995, no more than five positions,
excluding the chief patrol officer, in
the state patrol support activity may
be filled by state troopers.
During the biennium ending June 30,
1995, the commissioner may purchase
other motor fuel when gasohol is not
available for the operation of state
patrol vehicles.
The state patrol shall not reduce the
hours of operation or the level of
service at the Saginaw, Worthington,
and Erskine weigh stations. The
Moorhead weigh station shall be opened
by January 31, 1995.
Subd. 4. Driver and Vehicle Services
29,680,000 30,058,000
Summary by Fund
General 3,567,000 3,534,000
Highway User 10,152,000 10,074,000
Trunk Highway 15,905,000 16,394,000
Special Revenue 56,000 56,000
The appropriation from the special
revenue fund is from the bicycle
transportation account.
$43,000 the first year and $43,000 the
second year are transferred to the
commissioner of human services for
reimbursement for chemical use
assessments of juveniles under
Minnesota Statutes, section 260.151.
Subd. 5. Traffic Safety
223,000 223,000
Summary by Fund
General 61,000 61,000
Trunk Highway 162,000 162,000
Subd. 6. Pipeline Safety
736,000 736,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Subd. 7. Emergency Management
630,000 2,005,000 1,941,000
Summary by Fund
General 630,000 1,965,000 1,901,000
Environmental 40,000 40,000
Subd. 8. Criminal Apprehension
14,647,000 14,461,000
Summary by Fund
General 13,213,000 13,026,000
Special Revenue 460,000 460,000
Trunk Highway 974,000 975,000
$200,000 the first year and $200,000
the second year are for use by the
bureau of criminal apprehension for the
purpose of investigating
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$366,000 the first year and $366,000
the second year from the bureau of
criminal apprehension account in the
special revenue fund are for laboratory
activities.
$94,000 the first year and $94,000 the
second year from the bureau of criminal
apprehension account in the special
revenue fund are for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$25,000 in fiscal year 1994 and $25,000
in fiscal year 1995 are appropriated
from the general fund to the
commissioner of public safety to
reimburse local correctional agencies
for costs incurred to comply with
section 29.
Of this appropriation, $110,000 in
fiscal year 1994 and $101,000 in fiscal
year 1995 are for the implementation of
the seven-day fingerprint
identification service.
Of this appropriation, $175,000 in
fiscal year 1994 and $152,000 in fiscal
year 1995 are for the costs of
addressing workload increases in
maintaining the BCA's computerized
criminal history data system.
Of this appropriation, $129,000 in
fiscal year 1994 and $99,000 in fiscal
year 1995 are for the costs of
addressing workload increases in
maintaining the criminal justice data
communications network.
Of this appropriation, $125,000 is for
the development of a community data
model for state, county, and local
criminal justice information systems.
$50,000 in fiscal year 1994 and $47,000
in fiscal year 1995 are appropriated
from the general fund for transfer to
the supreme court for the costs of
addressing workload increases in
maintaining the supreme court
information system.
Subd. 9. Fire Marshal
2,495,000 2,481,000
Subd. 10. Capitol Security
1,420,000 1,420,000
Subd. 11. Liquor Control
636,000 636,000
Subd. 12. Gambling Enforcement
1,131,000 1,133,000
Subd. 13. Drug Policy and
Violence Prevention
1,494,000 1,494,000
Of this appropriation, $852,000 in each
year of the biennium is to be
distributed by the commissioner, after
consulting with the chemical abuse
prevention resource council, as follows:
$66,000 each year to support the work
of the chemical abuse prevention
resource council. These funds may not
be spent until the council's
recommendation concerning the planned
expenditures has been submitted to and
considered by the commissioner of
public safety;
$174,000 each year to the commissioner
of health to implement work plans
regarding fetal alcohol syndrome
research, training, public outreach,
and policy development. These funds
may not be spent until the council's
recommendation concerning the planned
expenditures has been submitted to and
considered by the commissioner of
health; and
$612,000 each year to the commissioner
of human services. These funds may not
be spent until the council's
recommendation concerning the planned
expenditures has been submitted to and
considered by the commissioner of human
services. Of this amount, $100,000
shall be used to develop a chemical
health index model as required by
Minnesota Statutes 1992, section
299A.325, or other law; $75,000 shall
be used to encourage treatment programs
to expand their diagnostic methods and
treatment scope to treat individuals
using combined mental health and
chemical dependency programs; $75,000
is for treatment programs for pregnant
women and women with children; $75,000
is for treatment programs for
chemically dependent children from ages
six to 12; and $287,000 is for
treatment programs for high-risk youth
under Minnesota Statutes 1992, section
254A.14, subdivision 3.
Subd. 14. Crime Victims Services
1,835,000 1,835,000
Notwithstanding any other law to the
contrary, the crime victims reparations
board shall, to the extent possible,
distribute the appropriation in equal
monthly increments.
In no case shall the total awards
exceed the appropriation made in this
subdivision.
Subd. 15. Crime Victims Ombudsman
73,000 73,000
Subd. 16. Deficiency Appropriation
$630,000 is appropriated from the
general fund to the commissioner of
public safety for fiscal year 1993. Of
this appropriation, $545,000 is to
match federal funds, for tornado damage
in Southwestern Minnesota as provided
by Presidential Disaster Declaration
DSR946, awarded on June 22, 1992, and
$85,000 is to match federal funds for
winter storm damage as provided by
Presidential Disaster Declaration
DSR929, awarded December 26, 1991.
Subd. 17. Transfers
The commissioner of public safety may
transfer unencumbered balances among
the programs specified in this section
after getting the approval of the
commissioner of finance. The
commissioner of finance shall not
approve a transfer unless the
commissioner believes that it will
carry out the intent of the
legislature. The transfer must be
reported immediately to the committee
on finance of the senate and the house
of representatives ways and means
committee.
Subd. 18. Reimbursements
(a) $1,233,000 the first year and
$1,196,000 the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on January 1,
1994, and January 1, 1995,
respectively, in order to reimburse the
trunk highway fund for expenses not
related to the fund. These represent
amounts appropriated out of the trunk
highway fund for general fund purposes
in the administration and related
services program.
(b) $449,000 the first year and
$434,000 the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the trunk
highway fund on January 1, 1994, and
January 1, 1995, respectively, in order
to reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user fund purposes in the
administration and related services
program.
(c) $716,000 the first year and
$716,000 the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the general
fund on January 1, 1994, and January 1,
1995, respectively, in order to
reimburse the general fund for expenses
not related to the fund. These
represent amounts appropriated out of
the general fund for operation of the
criminal justice data network related
to driver and motor vehicle licensing.
Sec. 6. PRIVATE DETECTIVE AND
PROTECTIVE AGENT SERVICES BOARD 67,000 67,000
Sec. 7. MINNESOTA SAFETY
COUNCIL 67,000 67,000
This appropriation is from the trunk
highway fund.
Sec. 8. GENERAL CONTINGENT
ACCOUNTS 325,000 325,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
Trunk Highway Fund
200,000 200,000
Highway User Tax Distribution Fund
125,000 125,000
Sec. 9. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 10. UNCODIFIED LANGUAGE
All uncodified language contained in
sections 1 to 9 expires on June 30,
1995, unless a different expiration is
explicit.
Sec. 11. [EFFECTIVE DATE FOR 1993 APPROPRIATIONS.]
Any appropriation in this act for fiscal year 1993 is
effective the day following final enactment.
Sec. 12. [STONE ARCH BRIDGE; REVERSION.]
Notwithstanding any law to the contrary, any provision in a
deed of conveyance of legal title to the James J. Hill stone
arch bridge from Hennepin county to the commissioner of
transportation that provides for reversion of the bridge to the
county is void.
Sec. 13. Laws 1992, chapter 513, article 3, section 77, is
amended to read:
Sec. 77. [STONE ARCH BRIDGE.]
Notwithstanding any other law to the contrary, the board of
Hennepin county commissioners, in its capacity as the county
board or as the Hennepin county regional rail authority, shall
transfer legal title to the James J. Hill stone arch bridge to
the commissioner of transportation for a consideration of
$1,001. The deed of conveyance shall provide for reversion of
the property to the county in the event the county has need of
the bridge for light rail transit. The commissioner shall by
order prohibit use of the bridge by motorized traffic, except
that the commissioner may permit use of the bridge by the
following vehicles if the commissioner determines that such use
will not adversely affect the design of the bridge: (1)
vehicles used exclusively to transport persons with physical
disabilities; (2) maintenance vehicles; and (3) a low-speed,
motorized, rubber-tire bus that crosses the bridge not more than
ten times each day.
Sec. 14. Minnesota Statutes 1992, section 11A.21,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION OF HIGHWAY FUNDS.] The
commissioner of transportation shall certify to the state board
those portions of the highway user tax distribution fund
established pursuant to article XIV, section 5 of the
Constitution of the state of Minnesota; the trunk highway fund
established pursuant to article XIV, section 6 of the
Constitution of the state of Minnesota,; the county state-aid
highway fund established pursuant to article XIV, section 7 of
the Constitution of the state of Minnesota; and the municipal
state-aid street fund established pursuant to article XIV,
section 8 of the Constitution of the state of Minnesota, which
in the judgment of the commissioner are not required for
immediate use.
Sec. 15. Minnesota Statutes 1992, section 161.081, is
amended to read:
161.081 [HIGHWAY USER TAX, DISTRIBUTION OF PORTION OF
PROCEEDS, INVESTMENT.]
Subdivision 1. [DISTRIBUTION OF FIVE PERCENT.] Pursuant to
article 14, section 5, of the constitution, five percent of the
net highway user tax distribution fund is set aside, and
apportioned as follows:
(1) 28 percent to the trunk highway fund;
(2) 64 percent to a separate account in the county
state-aid highway fund to be known as the county turnback
account, which account in the state treasury is hereby created;
(3) 8 percent to a separate account in the municipal
state-aid street fund to be known as the municipal turnback
account, which account in the state treasury is hereby created.
Subd. 2. [INVESTMENT.] Upon the request of the
commissioner, money in the highway user tax distribution fund
shall be invested by the state board of investment in those
securities authorized for that purpose in section 11A.21. All
interest and profits from the investments must be credited to
the highway user tax distribution fund. The state treasurer
shall be the custodian of all securities purchased under this
section.
Sec. 16. Minnesota Statutes 1992, section 161.39, is
amended by adding a subdivision to read:
Subd. 5b. [REIMBURSEMENT FOR SERVICES.] The office of
electronic communication in the department of transportation may
perform work for other state agencies and, to the extent that
these services are performed beyond the level for which money
was appropriated, may deposit revenue generated from this source
as dedicated receipts to the account from which it was spent.
Sec. 17. Minnesota Statutes 1992, section 168.345, is
amended by adding a subdivision to read:
Subd. 3. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] The
commissioner shall impose a surcharge of 25 cents on each fee
charged by the commissioner under section 13.03, subdivision 3,
for copies or electronic transmittal of public information
concerning motor vehicle registrations. This surcharge only
applies to a fee imposed in responding to a request made in
person or by mail, or to a request for transmittal through a
computer modem. The commissioner shall forward the surcharges
collected under this subdivision to the commissioner of finance
on a monthly basis. Upon receipt, the commissioner of finance
shall credit the surcharges to the general fund.
Sec. 18. Minnesota Statutes 1992, section 169.121,
subdivision 7, is amended to read:
Subd. 7. [LICENSE REVOCATION; COURT PROCEDURES.] On behalf
of the commissioner of public safety a court shall serve notice
of revocation on a person convicted of a violation of this
section unless the commissioner has already revoked the person's
driving privileges or served the person with a notice of
revocation for a violation of section 169.123 arising out of the
same incident. The court shall take the license or permit of
the driver, if any, or obtain a sworn affidavit stating that the
license or permit cannot be produced, and send it to the
commissioner with a record of the conviction and issue a
temporary license effective only for the period during which an
appeal from the conviction may be taken. No person who is
without driving privileges at the time shall be issued a
temporary license and any temporary license issued shall bear
the same restrictions and limitations as the driver's license or
permit for which it is exchanged.
The commissioner shall issue additional temporary licenses
until the final determination of whether there shall be a
revocation under this section.
The court shall invalidate the driver's license or permit
in such a way that no identifying information is destroyed.
Sec. 19. Minnesota Statutes 1992, section 169.123,
subdivision 5a, is amended to read:
Subd. 5a. [PEACE OFFICER AGENT FOR NOTICE OF REVOCATION OR
DISQUALIFICATION.] On behalf of the commissioner of public
safety a peace officer requiring a test or directing the
administration of a chemical test shall serve immediate notice
of intention to revoke and of revocation on a person who refuses
to permit a test or on a person who submits to a test the
results of which indicate an alcohol concentration of 0.10 or
more. On behalf of the commissioner of public safety, a peace
officer requiring a test or directing the administration of a
chemical test of a person driving, operating, or in physical
control of a commercial motor vehicle shall serve immediate
notice of intention to disqualify and of disqualification on a
person who refuses to permit a test, or on a person who submits
to a test the results of which indicate an alcohol concentration
of 0.04 or more. The officer shall either:
(1) take the driver's license or permit of the driver, if
any, and issue a temporary license effective only for seven
days. The peace officer shall send the person's driver's
license it to the commissioner of public safety along with the
certificate required by subdivision 4, and issue a temporary
license effective only for seven days; or
(2) invalidate the driver's license or permit in such a way
that no identifying information is destroyed.
Sec. 20. Minnesota Statutes 1992, section 171.02,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] No person, except those
hereinafter expressly exempted, shall drive any motor vehicle
upon any street or highway in this state unless such person has
a license valid under the provisions of this chapter for the
type or class of vehicle being driven. No person shall receive
a driver's license unless and until the person surrenders to the
department all valid driver's licenses in possession issued to
the person by any other jurisdiction. All surrendered licenses
shall be returned person's license from any jurisdiction has
been invalidated by the department. The department shall
provide to the issuing department together with of any
jurisdiction, information that the licensee is now licensed
in new jurisdiction Minnesota. No person shall be permitted to
have more than one valid driver's license at any time. No
person to whom a current Minnesota identification card has been
issued may receive a driver's license, other than an instruction
permit or a limited license, unless the person surrenders to the
department any person's Minnesota identification card issued to
the person under section 171.07, subdivision 3 has been
invalidated by the department.
Sec. 21. Minnesota Statutes 1992, section 171.06,
subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) The fees for a license and Minnesota
identification card are as follows:
Classified Driver License C-$15 CC-$19 B-$26 A-$34
C-$18.50 CC-$22.50 B-$29.50 A-$37.50
Classified Under 21 D.L. C-$15 CC-$19 B-$26 A-$14
C-$18.50 CC-$22.50 B-$29.50 A-$17.50
Instruction Permit $ 6 9.50
Duplicate Driver or Under 21 License $ 4.50
$ 8.00
Minnesota identification card, except
as otherwise provided in section 171.07,
subdivisions 3 and 3a $ 9
$12.50
Sec. 22. Minnesota Statutes 1992, section 171.06,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.]
Any applicant for an instruction permit, a driver's license,
restricted license, or duplicate license may file an application
with a court administrator of the district court or at a state
office. The administrator or state office shall receive and
accept the application. To cover all expenses involved in
receiving, accepting, or forwarding to the department
applications and fees, the court administrator of the district
court may retain a county fee of $1 $3.50 for each application
for a Minnesota identification card, instruction permit,
duplicate license, driver license, or restricted license. The
amount allowed to be retained by the court administrator of the
district court shall be paid into the county treasury and
credited to the general revenue fund of the county. Before the
end of the first working day following the final day of an
established reporting period, the court administrator shall
forward to the department all applications and fees collected
during the reporting period, less the amount herein allowed to
be retained for expenses. The court administrators of the
district courts may appoint agents to assist in accepting
applications, but the administrators shall require every agent
to forward to the administrators by whom the agent is appointed
all applications accepted and fees collected by the agent,
except that an agent may retain one-half of the $1 county fee to
cover the agent's expenses involved in receiving, accepting or
forwarding the applications and fees. The court administrators
shall be responsible for the acts of agents appointed by them
and for the forwarding to the department of all applications
accepted and those fees collected by agents and by themselves as
are required to be forwarded to the department.
Sec. 23. Minnesota Statutes 1992, section 171.07, is
amended by adding a subdivision to read:
Subd. 9. [IMPROVED SECURITY.] The commissioner shall
develop new drivers' licenses and identification cards, to be
issued beginning January 1, 1994, that must be as impervious to
alteration as is reasonably practicable in their design and
quality of material and technology. The driver's license
security laminate shall be made from materials not readily
available to the general public. The design and technology
employed must enable the driver's license and identification
card to be subject to two or more methods of visual verification
capable of clearly indicating the presence of tampering or
counterfeiting. The driver's license and identification card
must not be susceptible to reproduction by photocopying or
simulation and must be highly resistant to data or photograph
substitution and other tampering.
Sec. 24. Minnesota Statutes 1992, section 171.11, is
amended to read:
171.11 [CHANGE OF DOMICILE OR NAME.]
When any person, after applying for or receiving a driver's
license, shall change permanent domicile from the address named
in such application or in the license issued to the person, or
shall change a name by marriage or otherwise, such person shall,
within 30 days thereafter, make application apply for a
duplicate driver's license upon a form furnished by the
department; such and pay the required fee. The application or
duplicate license shall show both the licensee's old address and
new address or the former name and new name as the case may be.
Such application for a duplicate license, upon change of address
or change of name, shall be accompanied by all certificates of
driver's license then in the possession of the applicant
together with the required fee.
Sec. 25. Minnesota Statutes 1992, section 171.12, is
amended by adding a subdivision to read:
Subd. 8. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] The
commissioner shall impose a surcharge of 25 cents on each fee
charged by the commissioner under section 13.03, subdivision 3,
for copies or electronic transmittal of public information
concerning driver's license and Minnesota identification card
applicants. This surcharge only applies to a fee imposed in
responding to a request made in person or by mail, or to a
request for transmittal through a computer modem. The
commissioner shall forward the surcharges collected under this
subdivision to the commissioner of finance on a monthly basis.
Upon receipt, the commissioner of finance shall credit the
surcharges to the general fund.
Sec. 26. Minnesota Statutes 1992, section 171.22,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATIONS.] With regard to any driver's
license, including a commercial driver's license, it shall be
unlawful for any person:
(1) to display, cause or permit to be displayed, or have in
possession, any:
(i) canceled, revoked, or suspended driver's license;
(ii) driver's license for which the person has been
disqualified; or
(iii) fictitious or fraudulently altered driver's license
or Minnesota identification card;
(2) to lend the person's driver's license or Minnesota
identification card to any other person or knowingly permit the
use thereof by another;
(3) to display or represent as one's own any driver's
license or Minnesota identification card not issued to that
person;
(4) to fail or refuse to surrender to the department, upon
its lawful demand, any driver's license or Minnesota
identification card which has been suspended, revoked, canceled,
or for which the holder has been disqualified;
(5) to use a fictitious name or date of birth to any police
officer or in any application for a driver's license or
Minnesota identification card, or to knowingly make a false
statement, or to knowingly conceal a material fact, or otherwise
commit a fraud in any such application;
(6) (5) to alter any driver's license or Minnesota
identification card;
(7) (6) to take any part of the driver's license
examination for another or to permit another to take the
examination for that person;
(8) (7) to make a counterfeit driver's license or Minnesota
identification card; or
(9) (8) to use the name and date of birth of another person
to any police officer for the purpose of falsely identifying
oneself to the police officer.
Sec. 27. Minnesota Statutes 1992, section 171.26, is
amended to read:
171.26 [MONEY CREDITED TO FUNDS.]
All money received under the provisions of this chapter
shall must be paid into the state treasury with 90 percent of
such money and credited to the trunk highway fund, and ten
percent credited to the general fund, except as provided in
sections 171.06, subdivision 2a; 171.12, subdivision 8; and
171.29, subdivision 2, paragraph (b).
Sec. 28. Minnesota Statutes 1992, section 174.02, is
amended by adding a subdivision to read:
Subd. 6. [AGREEMENTS.] To facilitate the implementation of
intergovernmental efficiencies, effectiveness, and cooperation,
and to promote and encourage economic and technological
development in transportation matters within and between
governmental and nongovernmental entities:
(a) The commissioner may enter into agreements with other
governmental or nongovernmental entities for research and
experimentation; for sharing facilities, equipment, staff, data,
or other means of providing transportation-related services; or
for other cooperative programs that promote efficiencies in
providing governmental services or that further development of
innovation in transportation for the benefit of the citizens of
Minnesota.
(b) In addition to funds otherwise appropriated by the
legislature, the commissioner may accept and spend funds
received under any agreement authorized in paragraph (a) for the
purposes set forth in that paragraph, subject to a report of
receipts to the commissioner of finance at the end of each
fiscal year and, if receipts from the agreements exceed $100,000
in a fiscal year, the commissioner shall also notify the
governor and the committee on finance of the senate and the
committee on ways and means of the house of representatives.
(c) Funds received under this subdivision must be deposited
in the special revenue fund and are appropriated to the
commissioner for the purposes set forth in this subdivision.
Sec. 29. Minnesota Statutes 1992, section 241.021,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISION OVER CORRECTIONAL
INSTITUTIONS.] (1) The commissioner of corrections shall inspect
and license all correctional facilities throughout the state,
whether public or private, established and operated for the
detention and confinement of persons detained or confined
therein according to law except to the extent that they are
inspected or licensed by other state regulating agencies. The
commissioner shall promulgate pursuant to chapter 14, rules
establishing minimum standards for these facilities with respect
to their management, operation, physical condition, and the
security, safety, health, treatment, and discipline of persons
detained or confined therein. Commencing September 1, 1980, no
individual, corporation, partnership, voluntary association, or
other private organization legally responsible for the operation
of a correctional facility may operate the facility unless
licensed by the commissioner of corrections. The commissioner
shall annually review the correctional facilities described in
this subdivision, except as otherwise provided herein, to
determine compliance with the minimum standards established
pursuant to this subdivision. The commissioner shall grant a
license to any facility found to conform to minimum standards or
to any facility which, in the commissioner's judgment, is making
satisfactory progress toward substantial conformity and the
interests and well-being of the persons detained or confined
therein are protected. The commissioner shall have access to
the buildings, grounds, books, records, staff, and to persons
detained or confined in these facilities. The commissioner may
require the officers in charge of these facilities to furnish
all information and statistics the commissioner deems necessary,
at a time and place designated by the commissioner. The
commissioner may require that any or all such information be
provided through the department of corrections detention
information system.
(2) Any state agency which regulates, inspects, or licenses
certain aspects of correctional facilities shall, insofar as is
possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies
which regulate, inspect, or license the same aspects of similar
types of correctional facilities, although at different
correctional facilities.
(3) Nothing in this section shall be construed to limit the
commissioner of corrections' authority to promulgate rules
establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to
comply with operating standards the commissioner establishes as
a condition precedent for counties to receive that funding.
(4) When the commissioner finds that any facility described
in clause (1), except foster care facilities for delinquent
children and youth as provided in subdivision 2, does not
substantially conform to the minimum standards established by
the commissioner and is not making satisfactory progress toward
substantial conformance, the commissioner shall promptly notify
the chief executive officer and the governing board of the
facility of the deficiencies and order that they be remedied
within a reasonable period of time. The commissioner may by
written order restrict the use of any facility which does not
substantially conform to minimum standards to prohibit the
detention of any person therein for more than 72 hours at one
time. When, after due notice and hearing, the commissioner
finds that any facility described in this subdivision, except
county jails and lockups as provided in sections 641.26, 642.10,
and 642.11, does not conform to minimum standards, or is not
making satisfactory progress toward substantial compliance
therewith, the commissioner may issue an order revoking the
license of that facility. After revocation of its license, that
facility shall not be used until its license is renewed. When
the commissioner is satisfied that satisfactory progress towards
substantial compliance with minimum standard is being made, the
commissioner may, at the request of the appropriate officials of
the affected facility supported by a written schedule for
compliance, grant an extension of time for a period not to
exceed one year.
(5) As used in this subdivision, "correctional facility"
means any facility, including a group home, having a residential
component, the primary purpose of which is to serve persons
placed therein by a court, court services department, parole
authority, or other correctional agency having dispositional
power over persons charged with, convicted, or adjudicated to be
guilty or delinquent.
Sec. 30. Minnesota Statutes 1992, section 296.02,
subdivision 1a, is amended to read:
Subd. 1a. [EXCEPTIONS FOR TRANSIT AND ALTERNATIVE FUELS
SYSTEMS EXEMPT.] The provisions of subdivision 1 do not apply
to (1) gasoline purchased by a transit system receiving
financial assistance under section 174.24 or 473.384, or (2)
sales of compressed natural gas or propane for use in vehicles
displaying a valid annual alternate fuel permit.
Sec. 31. Minnesota Statutes 1992, section 296.025,
subdivision 1a, is amended to read:
Subd. 1a. [EXCEPTIONS FOR TRANSIT AND ALTERNATIVE FUELS
SYSTEMS EXEMPT.] The provisions of subdivision 1 do not apply
to (1) special fuel purchased by a transit system receiving
financial assistance under section 174.24 or 473.384, or (2)
sales of compressed natural gas or propane for use in vehicles
displaying a valid annual alternate fuel permit.
Sec. 32. Minnesota Statutes 1992, section 299C.10, is
amended to read:
299C.10 [IDENTIFICATION DATA.]
Subdivision 1. [LAW ENFORCEMENT DUTY.] It is hereby made
the duty of the sheriffs of the respective counties and of the
police officers in cities of the first, second, and third
classes, under the direction of the chiefs of police in such
cities, to take or cause to be taken immediately finger and
thumb prints, photographs, and such other identification data as
may be requested or required by the superintendent of the
bureau; of all persons arrested for a felony, gross misdemeanor,
of all juveniles committing felonies as distinguished from those
committed by adult offenders, of all persons reasonably believed
by the arresting officer to be fugitives from justice, of all
persons in whose possession, when arrested, are found concealed
firearms or other dangerous weapons, burglar tools or outfits,
high-power explosives, or articles, machines, or appliances
usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes, and within
24 hours thereafter to forward such fingerprint records and
other identification data on such forms and in such manner as
may be prescribed by the superintendent of the bureau of
criminal apprehension.
Subd. 2. [LAW ENFORCEMENT EDUCATION.] The sheriffs and
police officers who take finger and thumb prints must obtain
training in the proper methods of taking and transmitting finger
prints under this section consistent with bureau requirements.
Subd. 3. [BUREAU DUTY.] The bureau must enter in the
criminal records system finger and thumb prints within five
working days after they are received under this section.
Sec. 33. [299C.65] [CRIMINAL AND JUVENILE JUSTICE
INFORMATION POLICY GROUP.]
Subdivision 1. [ESTABLISHING GROUP.] The criminal and
juvenile information policy group consists of the chair of the
sentencing guidelines commission, the commissioner of
corrections, the commissioner of public safety, and the state
court administrator.
The policy group shall study and make recommendations to
the governor, the supreme court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;
(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;
(4) the development of an information system containing
criminal justice information on felony-level juvenile offenders
that is part of the integrated criminal justice information
system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;
(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;
(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights; and
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes.
Subd. 2. [REPORT.] The policy group shall file an annual
report with the governor, supreme court, and legislature by
December 1 of each even-numbered year.
The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the chair, the commissioners, and the
administrator shall appoint a task force consisting of the
members of the criminal and juvenile justice information policy
group or their designees and the following additional members:
(1) the director of the office of strategic and long-range
planning;
(2) two sheriffs recommended by the Minnesota sheriffs
association;
(3) two police chiefs recommended by the Minnesota chiefs
of police association;
(4) two county attorneys recommended by the Minnesota
county attorneys association;
(5) two city attorneys recommended by the Minnesota league
of cities;
(6) two public defenders appointed by the board of public
defense;
(7) two district judges appointed by the conference of
chief judges, one of whom is currently assigned to the juvenile
court;
(8) two community corrections administrators recommended by
the Minnesota association of counties, one of whom represents a
community corrections act county;
(9) two probation officers;
(10) two public members, one of whom has been a victim of
crime;
(11) two court administrators;
(12) two members of the house of representatives appointed
by the speaker of the house; and
(13) two members of the senate appointed by the majority
leader.
Subd. 3. [CONTINUING EDUCATION PROGRAM.] The criminal and
juvenile information policy group shall explore the feasibility
of developing and implementing a continuing education program
for state, county, and local criminal justice information
agencies. The policy group shall consult with representatives
of public and private post-secondary institutions in determining
the most effective manner in which the training shall be
provided. The policy group shall include recommendations in the
1994 report to the legislature.
Subd. 4. [CRIMINAL CODE NUMBERING SCHEME.] The policy
group shall study and make recommendations on a structured
numbering scheme for the criminal code to facilitate
identification of the offense and the elements of the crime and
shall include recommendations in the 1994 report to the
legislature.
Sec. 34. [REPEALER.]
Minnesota Statutes 1992, sections 171.20, subdivision 1;
296.01, subdivision 4; and 296.026 are repealed.
Presented to the governor May 15, 1993
Signed by the governor May 19, 1993, 3:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes