Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 265-S.F.No. 371
An act relating to transportation; abolishing certain
restrictions relating to highway construction;
appropriating money for departments of transportation
and public safety, and other state agencies;
regulating certain programs, activities, and
practices; providing for fees; amending Minnesota
Statutes 1994, sections 116.07, subdivision 2a;
160.02, by adding a subdivision; 161.1231, subdivision
1; 161.125, subdivision 1; 162.09, subdivision 4;
169.14, subdivision 5d; 171.06, subdivision 2; 171.20,
subdivision 4; 221.031, subdivision 1; 221.0314,
subdivision 3; 221.131; 221.132; 299A.38, subdivision
2; 299A.44; 299M.03, subdivision 2; 326.12,
subdivision 3; 403.11, subdivision 1; 457A.02,
subdivision 2; 457A.03, subdivision 3; and 473.391;
repealing Minnesota Statutes 1994, sections 161.123;
161.124; and 457A.01, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HIGHWAY RESTRICTIONS
Section 1. Minnesota Statutes 1994, section 161.1231,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO CONSTRUCT.]
Notwithstanding section 161.123 or any other law, the
commissioner may acquire land by purchase, gift, or eminent
domain for parking facilities described in this section and may
construct, operate, repair, and maintain parking facilities
primarily to serve vehicles traveling the route in the
interstate highway system described in section 161.123, clause
(2) generally as legislative routes Nos. 10 and 107 between
I-494 and the Hawthorne interchange in the city of Minneapolis,
also known as I-394. Other vehicles may use the parking
facilities when space is available.
Sec. 2. Minnesota Statutes 1994, section 473.391, is
amended to read:
473.391 [ROUTE PLANNING AND SCHEDULING.]
The council may contract with other operators or local
governments for route planning and scheduling services in any
configuration of new or reconfiguration of existing transit
services and routes, including route planning and scheduling
necessary for the test marketing program, the service bidding
program, and the interstate highway described in section
161.123, clause (2) generally as legislative routes Nos. 10 and
107 between I-494 and the Hawthorne interchange in the city of
Minneapolis, commonly known as I-394.
Sec. 3. [REPEALER.]
Minnesota Statutes 1994, sections 161.123; and 161.124, are
repealed.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective upon metropolitan council
approval of plans presented by the commissioner to:
(1) construct one additional lane on each roadway of I-394
at or near its interchange with Penn Avenue;
(2) preserve the existence of an additional lane eastbound
between Penn Avenue and the Dunwoody Boulevard exit;
(3) erect noise barriers adjacent to the westbound roadway
of the highway continuously between Wirth Parkway and Penn
Avenue, and on the eastbound roadway of the highway continuously
between Madeira Avenue and Wirth Parkway, and extend the
existing noise barriers easterly of France Avenue, all with the
consent of all affected owners of commercial property;
(4) adopt a goal of achieving an average occupancy rate on
the highway of 1.6 persons per vehicle by 2000, and implement a
five-year program in cooperation with the council intended to
achieve that goal by, among other means, significantly
increasing the use of high-occupancy lanes on the highway and
the use of other roadways;
(5) develop and implement, jointly with the commissioner of
public safety, a plan and program for (i) enforcement of speed
limits and other traffic laws and high-occupancy lane
restrictions and the minimizing of late merging of traffic onto
the eastbound highway, and (ii) demonstration of increased
information and education through changeable message signs and
the use of electronic detection to identify and warn traffic law
violators; and
(6) ensure the highway has a bituminous surface between
June Avenue in Golden Valley and the highway's intersection with
marked interstate highway No. 94 in Minneapolis.
ARTICLE 2
TRANSPORTATION APPROPRIATIONS
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 "1996," and "1997," where used in this act, mean that
the appropriation or appropriations listed under them are
available for the year ending June 30, 1996, or June 30, 1997,
respectively.
SUMMARY BY FUND
1996 1997 TOTAL
General $ 60,849,000 $ 59,751,000 $120,600,000
Airports 16,000,000 16,400,000 32,400,000
C.S.A.H. 285,642,000 293,068,000 578,710,000
Highway User 10,306,000 10,313,000 20,619,000
M.S.A.S. 87,078,000 89,240,000 176,318,000
Special Revenue 960,000 984,000 1,944,000
Trunk Highway 828,388,000 825,448,000 1,653,836,000
Transfers to Other
Direct (2,967,000) (2,636,000) (5,603,000)
TOTAL 1,289,223,000 1,295,204,000 2,584,427,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation 1,157,842,000 1,158,424,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
General 12,654,000 12,653,000
Airports 15,950,000 16,350,000
C.S.A.H. 285,642,000 293,068,000
M.S.A.S. 87,078,000 89,240,000
Trunk Highway 756,518,000 747,113,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Aeronautics 15,880,000 16,280,000
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
1996 1997
11,349,000 11,748,000
$2,146,000 the first year and
$2,146,000 the second year are for
navigational aids.
$6,800,000 the first year and
$7,200,000 the second year are for
airport construction grants.
$2,300,000 the first year and
$2,300,000 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 may be spent only for
grant-in-aid programs for airports that
are not state owned.
These appropriations must be spent 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.
$12,000 the first year and $12,000 the
second year are for maintenance of the
Pine Creek Airport.
$91,000 the first year and $90,000 the
second year are for air service grants.
(b) Aviation Support
4,470,000 4,471,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
$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. These funds are available
in either year of the biennium.
(c) Air Transportation Services
61,000 61,000
Subd. 3. Transit 12,293,000 12,292,000
Summary by Fund
General 12,005,000 12,004,000
Trunk Highway 288,000 288,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Greater Minnesota Transit
Assistance
11,557,000 11,556,000
This appropriation is from the general
fund.
(b) Transit Administration
736,000 736,000
Summary by Fund
General 448,000 448,000
Trunk Highway 288,000 288,000
Subd. 4. Railroads and Waterways 1,431,000 1,431,000
Summary by Fund
General 492,000 492,000
Trunk Highway 939,000 939,000
$250,000 the first year and $250,000
the second year are for a phase-II
feasibility study of high-speed rail
service in Minnesota, Wisconsin, and
Illinois along the southern corridor
identified in the tri-state study of
high-speed rail service. The
commissioner may enter into agreements
with Wisconsin and Illinois to
cooperate in the study. The study
outline must include all subjects
identified in Laws 1994, chapter 640,
section 5, paragraph (b). This
appropriation is contingent on
Wisconsin providing $500,000 and on
receipt of federal matching money for
the study. This appropriation is from
the general fund and is available until
spent.
The commissioner and metropolitan and
regional planning organizations shall
increase efforts to assist owners of
commercial navigation facilities as
defined in Minnesota Statutes, section
457A.01, subdivision 2, to seek federal
ISTEA funds for port development.
Subd. 5. Motor Carrier Regulation 2,266,000 2,267,000
Summary by Fund
General 107,000 107,000
Trunk Highway 2,159,000 2,160,000
Subd. 6. Local Roads 372,720,000 382,308,000
Summary by Fund
C.S.A.H. 285,642,000 293,068,000
M.S.A.S. 87,078,000 89,240,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
285,642,000 293,068,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
87,078,000 89,240,000
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
5,706,000 5,852,000
These appropriations are for
administrative costs as provided in
Minnesota Statutes, sections 162.06,
subdivision 2; and 162.12, subdivision
2.
Summary by Fund
C.S.A.H. 4,373,000 4,486,000
M.S.A.S. 1,333,000 1,366,000
Subd. 7. State Road Construction 516,960,000 515,986,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
376,463,000 377,763,000
It is estimated that the appropriation
from the trunk highway fund will be
funded as follows:
Federal Highway Aid
205,000,000 205,000,000
Highway User Taxes
171,463,000 172,763,000
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 quarterly 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.
The commissioner of transportation may
receive monies covering other shares of
the cost of partnership projects.
These receipts are appropriated to the
commissioner for these projects.
Before proceeding with a project, or a
series of projects on a single highway,
with a cost exceeding $10,000,000, the
commissioner shall consider the
feasibility of alternative means of
financing the project or series of
projects, including but not limited to
congestion pricing, tolls, mileage
pricing, and public-private partnership.
(b) Highway Debt Service
21,728,000 19,602,000
$11,948,000 the first year and
$7,641,000 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) Research and Investment Management
10,388,000 10,390,000
$444,000 the first year and $444,000
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.
$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.
(d) Design Engineering
52,981,000 52,981,000
Of these appropriations, $2,190,000 the
first year and $2,190,000 the second
year are for scientific equipment. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
The commissioner, in cooperation with
the tribal council, shall determine
those portions of trunk highway 61
right-of-way lying within the
boundaries of the Grand Portage Indian
Reservation that are no longer needed
for trunk highway purposes. This
determination shall be made according
to criteria developed by the
commissioner in consultation with the
tribal council. Following the
completion of this project the
commissioner may, pursuant to Minnesota
Statutes, section 161.43, relinquish
and quit claim to the Grand Portage
Band where it is the fee owner, or to
the United States where it holds the
fee in trust for the Grand Portage
Band, any easement or portion of an
easement that has been determined to be
no longer needed by the transportation
department for trunk highway purposes.
For the purposes of section 161.43, the
tribal council shall be treated in the
same manner as if it were a political
subdivision of the state, provided that
the matching funds contributed by the
tribal council to the surveying and
mapping project described above shall
be considered full compensation for the
relinquishment and quit claim of any
easements or portions of any easements
over tribal or tribal trust lands.
(e) Construction Engineering
55,400,000 55,250,000
Subd. 8. State Road Operations 192,412,000 192,775,000
Summary by Fund
Trunk Highway 192,403,000 192,766,000
General 9,000 9,000
(a) State Road Operations
188,244,000 188,607,000
$11,989,000 the first year and
$11,989,000 the second year are for
road equipment. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
(b) Electronic Communications
4,168,000 4,168,000
Summary by Fund
General 9,000 9,000
Trunk Highway 4,159,000 4,159,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
Subd. 9. General Administration 43,880,000 35,085,000
Summary by Fund
General 41,000 41,000
Airports 70,000 70,000
Trunk Highway 43,769,000 34,974,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Management
22,943,000 22,999,000
$100,000 each year is appropriated from
the trunk highway fund to the
commissioner of transportation for
grants to stimulate telecommuting as an
alternative to peak-hour highway
commuting. The commissioner and the
Minnesota telecommuting partnership
shall determine grant purposes and
recipients. Initial consideration will
be given to the communities of Cottage
Grove, Upsala, and Morrison county.
Notwithstanding Minnesota Statutes,
sections 160.84 to 160.92, the
commissioner of transportation is
authorized to implement a demonstration
congestion pricing project involving
interstate trunk highway facilities to
determine the feasibility of charging
user fees as allowed by Section 1012(b)
of the Intermodal Surface
Transportation Efficiency Act of 1991,
Public Law Number 102-240 (ISTEA). For
the purposes of this demonstration
project, the commissioner shall be
exempt from any rulemaking
requirements. The commissioner of
transportation must obtain prior
approval for the project from the
metropolitan council. The metropolitan
council must hold a public hearing on
the project as proposed by the
commissioner of transportation before
granting its approval. All fees
collected by the commissioner shall be
deposited in the trunk highway fund and
are appropriated to implement and
administer this demonstration project.
The project must be completed by June
30, 1997.
$250,000 in the first year is for
research and operational testing of a
road-powered electric vehicle (RPEV)
system, either with high-occupancy
vehicles, shuttles, or full-size buses,
as part of the Saints road project in
St. Cloud. This project must be
coordinated with the St. Cloud area
metropolitan transit commission. The
commissioner shall analyze findings and
make recommendations on (1) snow and
ice control over extended periods of
system operation, (2) design
applications for road installation, (3)
durability and reliability of such a
system on public or private roadway
over an extended period, (4) safety
factors and hazard mitigation related
to the probability of occurrence of
hazards, and (5) preliminary research
on application of the system to
intelligent transportation systems. Of
this appropriation $150,000 is
available immediately and an additional
$100,000 is available only if it is
matched with at least $50,000 in
in-kind funding from private and other
sources. The commissioner shall seek
federal funding for this project as
well as local matching funds. The
commissioner shall not spend this
appropriation until the commissioner
has determined that the RPEV study,
evaluation, and test required under
Laws 1994, chapter 640, section 4,
paragraph (a), has been satisfactorily
completed. This appropriation is from
the trunk highway fund.* (The preceding
paragraph beginning "$250,000" was
vetoed by the governor.)
(b) General Services
20,397,000 12,086,000
Summary by Fund
General 41,000 41,000
Airports 70,000 70,000
Trunk Highway 20,826,000 11,975,000
$3,500,000 the first year and
$3,500,000 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.
$9,000,000 the first year is for
purchase of the Water's Edge building.
This appropriation is from the trunk
highway fund.
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.
Subd. 10. 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 state road
construction. 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.
Sec. 3. METROPOLITAN COUNCIL
TRANSIT 42,037,000 41,058,000
Of this amount, the metropolitan
council may use up to $625,000 during
the biennium to implement a high-speed
bus demonstration project. The project
may be implemented with reorganized
existing transit service or provision
of new service.
Of this amount, $354,000 is for
security measures on transit vehicles,
including, but not limited to,
plexiglass enclosures for drivers and
on-bus surveillance cameras. The
council may also pay for these security
measures out of the proceeds of bonds
issued under Minnesota Statutes,
section 473.39.
The metropolitan council may not spend
more than $15,300,000 the first year
and $15,300,000 the second year on
metro mobility, except for proceeds
from bond sales where use of such
proceeds for metro mobility capital
expenditures is authorized by law.
Sec. 4. TRANSPORTATION
REGULATION BOARD 605,000
This appropriation is from the trunk
highway fund.
Of this amount, $100,000 is for the
board, in cooperation with the
commissioner of transportation, the
center for transportation studies, and
the legislative auditor, to conduct a
study of the transfer of powers,
duties, and functions of the board to
an appropriate agency. The study must
include (1) which powers of the board
should be eliminated, and (2) the
relocation to other agencies of those
powers of the board that should be
retained. In conducting the study, the
board shall establish and consult with
an advisory committee that includes,
but is not limited to, representatives
of for-hire and private trucking,
including household goods movers;
railroads; representatives of for-hire
and private passenger carriers,
including limousines and personal
transportation consumers; and members
of legislative committees and divisions
that are responsible for transportation
policy or funding. The board shall
submit a report on the study, including
recommendations and draft legislation,
to the legislature by February 1, 1996.
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 80,922,000 81,012,000
Summary by Fund
1996 1997
General 6,158,000 6,040,000
Highway User 10,181,000 10,188,000
Special Revenue 910,000 934,000
Trunk Highway 63,673,000 63,850,000
Transfers to Other
Direct (2,697,000) (2,636,000)
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration and
Related Services
5,152,000 5,170,000
Summary by Fund
General 615,000 615,000
Highway User 19,000 19,000
Trunk Highway 4,518,000 4,536,000
$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.
$92,000 the first year and $92,000 the
second year are for soft body armor
reimbursements under Minnesota
Statutes, section 299A.38.
Subd. 3. State Patrol
43,727,000 43,835,000
Summary by Fund
General 451,000 406,000
Highway User 60,000 60,000
Trunk Highway 43,216,000 43,369,000
During the biennium ending June 30,
1997, 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,
1997, the commissioner may purchase
other motor fuel when gasohol is not
available for the operation of state
patrol vehicles.
$45,000 is available from the general
fund for the biennium to replace
security equipment at the governor's
residence.
Subd. 4. Driver and Vehicle Services
29,446,000 29,460,000
Summary by Fund
General 3,511,000 3,512,000
Highway User 10,121,000 10,128,000
Trunk Highway 15,756,000 15,761,000
Special Revenue 58,000 59,000
The appropriation from the special
revenue fund is from the bicycle
transportation account.
Subd. 5. Traffic Safety
244,000 245,000
Summary by Fund
General 61,000 61,000
Trunk Highway 183,000 184,000
Subd. 6. Pipeline Safety
852,000 875,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Subd. 7. Reimbursements
(a) $1,520,000 the first year and
$1,446,000 the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on January 1,
1996, and January 1, 1997,
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) $461,000 the first year and
$474,000 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, 1996, and
January 1, 1997, 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, 1996, and January 1,
1997, 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. MINNESOTA SAFETY COUNCIL 67,000 67,000
This appropriation is from the trunk
highway fund.
Sec. 7. GENERAL CONTINGENT
ACCOUNTS 375,000 375,000
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
State Airports Fund
50,000 50,000
Sec. 8. 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. 9. TRUNK HIGHWAY SUPPLEMENT 6,725,000 13,618,000
The amounts necessary to pay
compensation and economic benefit
increases, within available resources
in the trunk highway fund, are
appropriated to the commissioner of
finance for the years ending June 30,
1996 and June 30, 1997. During the
biennium, the commissioner shall
transfer the necessary amounts to the
proper accounts. The commissioner
shall report to the chair of the ways
and means committee of the house of
representatives and the chair of the
finance committee of the senate on the
transfers made under this section.
This appropriation is from the trunk
highway fund.
Sec. 10. EVALUATION OF USE OF
COST-EFFECTIVE MEASURES
The legislative audit commission is
requested to direct the legislative
auditor to perform an evaluation of the
cost-effectiveness of specifications,
standards, practices, and procedures
relating to construction projects
undertaken by the department of
transportation. The evaluation must
identify those construction-related
specifications, standards, practices,
and procedures which are cost-effective
and available to the department, but
which are not utilized.
Sec. 11. [METROPOLITAN COUNCIL; EXPENDITURES.]
Notwithstanding any limitation on funding for metro
mobility, the metropolitan council may use the proceeds from the
certificates of indebtedness, bonds, or other obligations issued
pursuant to Minnesota Statutes, section 473.39, subdivision 1b,
to pay the capital costs of special transportation service in
the metropolitan area.
Sec. 12. [TRUNK HIGHWAY 212; FINANCING ALTERNATIVES.]
The commissioner shall investigate alternative means of
financing the reconstruction of highway 212 between marked
interstate No. 494 and the city of Cologne, including, but not
limited to, public/private partnerships, toll financing, and
congestion pricing.
Sec. 13. [WAKOTA BRIDGE.]
Subdivision 1. [FINDINGS.] The legislature finds that:
(1) the completion of the Wakota bridge project connecting
the cities of South St. Paul and Newport is needed, as shown in
the metropolitan council's transportation policy plan;
(2) the project is considered one of the priority river
crossings in the metropolitan area according to that policy
plan; and
(3) the needs of the affected communities and of the entire
regional transportation system require that the department of
transportation make every effort to begin this project as
rapidly as possible.
Subd. 2. [TRANSPORTATION IMPROVEMENT PROGRAM.] The
commissioner of transportation shall include the Wakota
bridge-trunk highway no. 61 project in the statewide
transportation improvement program at the earliest feasible date
consistent with available funding.
Subd. 3. [REPORT.] The commissioner of transportation
shall submit an annual report to the legislature by February 1
of each year describing the status of the Wakota bridge-trunk
highway no. 61 project and indicating remaining uncompleted
components of the project.
Sec. 14. Minnesota Statutes 1994, section 116.07,
subdivision 2a, is amended to read:
Subd. 2a. [EXEMPTIONS FROM STANDARDS.] No standards
adopted by any state agency for limiting levels of noise in
terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways
constructed with federal interstate substitution money, provided
that all reasonably available noise mitigation measures are
employed to abate noise, (2) an existing or newly constructed
segment of a highway, provided that all reasonably available
noise mitigation measures, as approved by the commissioners of
the department of transportation and pollution control agency,
are employed to abate noise, (3) skeet, trap or shooting sports
clubs, or (3) the holding of (4) motor vehicle race events
conducted at a facility specifically designed for that purpose
that was in operation on or before July 1, 1983. Nothing herein
shall prohibit a local unit of government or a public
corporation with the power to make rules for the government of
its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or the holding of motor
vehicle race events conducted at a facility specifically
designed for that purpose that was in operation on or before
July 1, 1983.
Sec. 15. Minnesota Statutes 1994, section 160.02, is
amended by adding a subdivision to read:
Subd. 16. [FREEWAY OR EXPRESSWAY.] "Freeway" or
"expressway" means a divided, controlled-access highway with
four or more lanes.
Sec. 16. Minnesota Statutes 1994, section 161.125,
subdivision 1, is amended to read:
Subdivision 1. [IMPLEMENTATION.] The commissioner of
transportation shall, in accordance with the department's
program, implement sound a noise abatement study and noise
abatement measures within or along the perimeter of any
interstate or trunk highway within freeways and expressways in
incorporated areas located within the metropolitan area or any
municipality whenever the noise level attributable to vehicular
traffic at the abutting residential property line is in excess
of the federal noise standards. The commissioner shall utilize
federal matching funds available for constructing and
maintaining sound abatement measures. No standard adopted by
any state agency for limiting levels of noise in terms of sound
pressure in the outdoor atmosphere shall apply to any interstate
highway, or to any trunk highway segment constructed or
reconstructed with federal interstate substitution funds,
provided that all reasonable mitigating measures are used to
abate noise contingent on the availability of funding, in
accordance with section 116.07, subdivision 2a. The
commissioner shall report to the legislature by February 1,
1997, on noise abatement studies and measures undertaken during
the previous calendar year and planned for the next three years
under this subdivision. The study must include a survey of all
applicable noise standards and feasible noise abatement
measures, and an evaluation of their ability to protect citizens.
Sec. 17. Minnesota Statutes 1994, section 162.09,
subdivision 4, is amended to read:
Subd. 4. [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In
determining whether any city has a population of 5,000 or more,
the last federal census shall be conclusive, except as otherwise
provided in this subdivision.
(b) A city that has previously been classified as having a
population of 5,000 or more for the purposes of chapter 162 and
whose population decreases by less than 15 percent from the
census figure that last qualified the city for inclusion shall
receive the following percentages of its 1981 apportionment for
the years indicated: 1982, 66 percent and 1983, 33 percent.
Thereafter the city shall not receive any apportionment from the
municipal state-aid street fund unless its population is
determined to be 5,000 or over by a federal census. The
governing body of the city may contract with the United States
Bureau of the Census to take one special census before January
1, 1986. A certified copy of the results of the census shall be
filed with the appropriate state authorities by the city. The
result of the census shall be the population of the city for the
purposes of any law providing that population is a required
qualification for distribution of highway aids under chapter
162. The special census shall remain in effect until the 1990
federal census is completed and filed. The expense of taking
the special census shall be paid by the city.
(c) If an entire area not heretofore incorporated as a city
is incorporated as such during the interval between federal
censuses, its population shall be determined by its
incorporation census. The incorporation census shall be
determinative of the population of the city only until the next
federal census.
(d) The population of a city created by the consolidation
of two or more previously incorporated cities shall be
determined by the most recent population estimate of the
metropolitan council or state demographer, until the first
federal decennial census or special census taken after the
consolidation.
Sec. 18. Minnesota Statutes 1994, section 169.14,
subdivision 5d, is amended to read:
Subd. 5d. [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The
commissioner, on trunk highways and temporary trunk highways,
and local authorities, on streets and highways under their
jurisdiction, may authorize the use of reduced maximum speed
limits in highway work zones. The commissioner or local
authority is not required to conduct an engineering and traffic
investigation before authorizing a reduced speed limit in a
highway work zone.
(b) The minimum highway work zone speed limit is 20 miles
per hour. The work zone speed limit must not reduce the
established speed limit on the affected street or highway by
more than 15 miles per hour, except that the highway work zone
speed limit shall not exceed 40 miles per hour. Highway work
zone speed limits are effective on erection of appropriate
regulatory speed limit signs designating the beginning and end
of the affected work zone. The signs must be removed or covered
when they are not required. A speed greater than the posted
highway work zone speed limit is unlawful.
(c) For purposes of this subdivision, "highway work zone"
means a segment of highway or street where a road authority or
its agent is constructing, reconstructing, or maintaining the
physical structure of the roadway, its shoulders, or features
adjacent to the roadway, including underground and overhead
utilities and highway appurtenances.
(d) Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established under paragraph (b) while on a trunk highway, or who
violates any other provision of this section or section 169.141
while in a highway work zone on a trunk highway, is assessed an
additional surcharge equal to the amount of the fine imposed for
the speed violation, but not less than $25. The surcharge must
be deposited in the state treasury and credited to the general
fund.
Sec. 19. Minnesota Statutes 1994, 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-$18.50 CC-$22.50 B-$29.50 A-$37.50
Classified Under 21 D.L. C-$18.50 CC-$22.50 B-$29.50 A-$17.50
Instruction Permit $ 9.50
Duplicate Driver or Under 21 License or
duplicate identification card $ 8.00
Minnesota identification card other than duplicate,
except as otherwise provided in section 171.07,
subdivisions 3 and 3a $12.50
Sec. 20. Minnesota Statutes 1994, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] A person whose driver's
license has been suspended under section 171.16, subdivision 2,;
171.18, except subdivision 1, clause (10); or 171.182, or who
has been disqualified from holding a commercial driver's license
under section 171.165 must pay a $20 fee before the license is
reinstated. When this fee is collected by a county-operated
office of deputy registrar, a $3.50 handling charge is imposed.
The handling charge must be deposited in the treasury of the
place for which the deputy registrar was appointed and the $20
reinstatement fee must be deposited in an approved state
depository as directed under section 168.33, subdivision 2. A
suspension may be rescinded without fee for good cause.
Sec. 21. Minnesota Statutes 1994, section 221.031,
subdivision 1, is amended to read:
Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a)
This subdivision applies to motor carriers engaged in intrastate
commerce.
(b) The commissioner shall prescribe rules for the
operation of motor carriers, including their facilities;
accounts; leasing of vehicles and drivers; service; safe
operation of vehicles; equipment, parts, and accessories; hours
of service of drivers; driver qualifications; accident
reporting; identification of vehicles; installation of safety
devices; inspection, repair, and maintenance; and proper
automatic speed regulators if, in the opinion of the
commissioner, there is a need for the rules.
(c) The commissioner shall direct the repair and
reconstruction or replacement of an inadequate or unsafe motor
carrier vehicle or facility. The commissioner may require the
construction and maintenance or furnishing of suitable and
proper freight terminals, passenger depots, waiting rooms, and
accommodations or shelters in a city in this state or at a point
on the highway traversed which the commissioner, after
investigation by the department, may deem just and proper for
the protection of passengers or property.
(d) The commissioner shall require the filing of holders of
household goods mover permits, charter carrier permits, and
regular route passenger carrier certificates to file annual and
other reports including annual accounts of motor carriers,
schedules of rates and charges, or other data by motor carriers,
regulate motor carriers in matters affecting the relationship
between them and the traveling and shipping public, and
prescribe other rules as may be necessary to carry out the
provisions of this chapter.
(e) A motor carrier subject to paragraph (d) but having
gross revenues from for-hire transportation in a calendar year
of less than $200,000 may, at the discretion of the
commissioner, be exempted from the filing of an annual report,
if instead the motor carrier files an abbreviated annual report,
in a form as may be prescribed by the commissioner, attesting
that the motor carrier's gross revenues did not exceed $200,000
in the previous calendar year. Motor carrier gross revenues
from for-hire transportation, for the purposes of this
subdivision only, do not include gross revenues received from
the operation of school buses as defined in section 169.01,
subdivision 6.
(f) The commissioner shall enforce sections 169.781 to
169.783.
(g) The commissioner shall make no rules relating to the
granting, limiting, or modifying of permits or certificates of
convenience and necessity, which are powers granted to the board.
(h) The board may extend the termini of a route or alter or
change the route of a regular route common carrier upon petition
and after finding that public convenience and necessity require
an extension, alteration, or change.
Sec. 22. Minnesota Statutes 1994, section 221.0314,
subdivision 3, is amended to read:
Subd. 3. [WAIVER FOR PHYSICAL DEFECTS.] (a) A person who
is not physically qualified to drive under subdivision 2, but
who meets the other qualifications under subdivision 2, may
drive a motor vehicle if the commissioner grants a waiver to
that person. The commissioner may grant a waiver to a person
who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(1) or
(b)(2), according to rules adopted under section 221.031.
(b) The commissioner may grant a waiver to a person who is
not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(3) to
(b)(13) for medical conditions for which waiver programs have
been established by the United States Department of
Transportation. Except as required in paragraphs (c) to (f),
the commissioner shall require the same information and follow
the same procedure as the United States Department of
Transportation in granting the waivers. The commissioner may
continue to grant waivers under this paragraph and paragraphs
(c) to (f) after the United States Department of Transportation
has discontinued its waiver program for a specific medical
condition if the commissioner determines that the waiver program
is consistent with the safe operation of motor vehicles.
(c) Despite federal requirements, the commissioner may
grant a waiver to a person who does not have three years'
experience in operating a commercial motor vehicle.
(d) Despite federal requirements, a person who has been
initially examined by a licensed physician and who has been
granted a waiver for a diabetic condition may be regularly
examined by the person's treating physician every six months
from the date a waiver is granted.
(e) Despite federal requirements, the commissioner may
grant a waiver to a person who requires insulin for controlling
diabetes but who has not been using insulin for the three years
preceding a waiver application if the applicant, in addition to
the information required by paragraph (b), submits a statement
from a licensed physician that includes:
(1) the date and a description of each episode experienced
by the person during the three years preceding a waiver
application that involved a loss of consciousness or voluntary
control due to hypoglycemia or hyperglycemia;
(2) the person's prognosis for control of the diabetes; and
(3) the physician's professional opinion about whether the
person is medically qualified to exercise reasonable and
ordinary control over a commercial motor vehicle on the public
highways.
(f) A person who is granted a waiver after submitting the
information required in paragraph (e) must, in addition, submit
a statement from the person's treating physician every six
months from the date a waiver is granted that includes the
information described in paragraph (e), clauses (1) and (2), and
gives the physician's professional opinion about whether the
person continues to be medically qualified to exercise
reasonable and ordinary control over a commercial motor vehicle
on the public highways.
Sec. 23. Minnesota Statutes 1994, section 221.131, is
amended to read:
221.131 [CARRIER VEHICLE REGISTRATION; FEES;
IDENTIFICATION; CAB CARDS.]
Subdivision 1. [PERMIT RENEWAL.] Permits issued under
section 221.121 are effective for a 12-month period. A permit
holder shall must renew the permit annually by registration of
the vehicles operated under authority of that permit as required
by subdivision 2. A permit holder has one annual renewal date
encompassing all of the permits held by the holder.
Subd. 2. [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.]
(a) This subdivision applies only to holders of household goods
mover permits and charter carrier permits.
(b) The permit holder shall pay an annual registration fee
of $40 on each vehicle, including pickup and delivery vehicles,
operated by the holder under authority of the permit during the
12-month period or fraction of the 12-month period. Trailers
and semitrailers used by a permit holder in combination with
power units may not be counted as vehicles in the computation of
fees under this section if the permit holder pays the fees for
power units.
(b) (c) The commissioner shall furnish a distinguishing
annual identification card for each vehicle or power unit for
which a fee has been paid. The identification card must at all
times be carried in the vehicle or power unit to which it has
been assigned. An identification card may be reassigned to
another vehicle or power unit upon application of the permit
holder and payment of a transfer fee of $10. An identification
card issued under this section is valid only for the period for
which the permit is effective.
(c) The permit holder must be identified on the power unit
of each registered vehicle operated under the permit. Vehicles
must show the name or the "doing business as" name of the permit
holder operating the vehicle and the community and abbreviation
of the state in which the permit holder maintains its principal
office or in which the vehicle is customarily based. If the
permit holder operates a leased vehicle, it may show its name
and the name of the lessor on the vehicle, if the lease
relationship is clearly shown. If the name of a person other
than the operating permit holder appears on the vehicle, the
words "operated by" must immediately precede the name of the
permit holder. The name and address must be in letters that
contrast sharply in color with the background, be readily
legible during daylight hours from a distance of 50 feet while
the vehicle is stationary, and be maintained in a manner that
retains the legibility of the markings. The name and address
may be shown by use of a removable device if that device meets
the identification and legibility requirements of this
subdivision.
(d) A fee of $10 is charged for the replacement of an
unexpired identification card that has been lost.
(e) The total annual registration fee per vehicle for class
II-T, class II-L, household goods mover, and
temperature-controlled commodities permit holders, or any
combination thereof, shall not exceed $40 per vehicle.
Subd. 2a. [VEHICLE IDENTIFICATION.] The permit holder must
be identified on the power unit of each registered vehicle
operated under the permit. Vehicles must show the name or the
"doing business as" name of the permit holder operating the
vehicle and the community and abbreviation of the state in which
the permit holder maintains its principal office or in which the
vehicle is customarily based. If the permit holder operates a
leased vehicle, it may show its name and the name of the lessor
on the vehicle, if the lease relationship is clearly shown. If
the name of a person other than the operating permit holder
appears on the vehicle, the words "operated by" must immediately
precede the name of the permit holder. The name and address
must be in letters that contrast sharply in color with the
background, be readily legible during daylight hours from a
distance of 50 feet while the vehicle is stationary, and be
maintained in a manner that retains the legibility of the
markings. The name and address may be shown by use of a
removable device if that device meets the identification and
legibility requirements of this subdivision.
Subd. 3. [CERTIFICATE CARRIERS; ANNUAL VEHICLE
REGISTRATION.] Certificated passenger carriers shall pay an
annual registration fee of $40 for each vehicle, including
pickup and delivery vehicles, operated during a calendar year.
The commissioner shall issue distinguishing identification cards
as provided in subdivision 2.
Subd. 4. [CARDS; FEES.] The department may issue to
carriers subject to subdivision 2 or 3 special "floater"
identification cards up to a maximum of five per motor carrier.
Floater cards may be freely transferred between vehicles used
under short-term leases by the motor carrier. The motor carrier
shall pay a fee of $100 for each floater card issued.
Subd. 5. [LIMITATION.] The provisions of this section are
limited by applicable federal law.
Subd. 6. [COURIER SERVICE CARRIERS; IDENTIFICATION CARDS.]
The commissioner shall issue distinct annual identification cab
cards for vehicles that provide courier service under a permit
issued by the board. A courier service identification cab card
may not be issued for a vehicle that has a gross vehicle weight
in excess of 15,000 pounds.
Subd. 7. [ARMORED CARRIERS.] The commissioner shall issue
distinct annual identification cards for vehicles that provide
armored carrier service under a permit issued by the board. No
card may be issued unless the armored carrier submits evidence
that it holds in good standing a protective agent's or private
detective's license under sections 326.338 and 326.3381,
subdivision 1.
Sec. 24. Minnesota Statutes 1994, section 221.132, is
amended to read:
221.132 [PREPAID TEMPORARY VEHICLE IDENTIFICATION CARDS.]
The commissioner may issue a prepaid temporary vehicle
identification card to a permit or certificate holder subject to
section 221.131, subdivision 2 or 3, for a fee of $5 per card.
The card must be preprinted by the commissioner with the
carrier's name, address, and permit or certificate number. The
card may be used by the motor carrier to whom it is issued to
identify a vehicle temporarily added to its fleet. The card
must be executed by the motor carrier by dating and signing the
card and describing the vehicle in which it will be carried.
The identification card is valid for a period of ten days from
the date the motor carrier places on the card when the card is
executed. The card must be used within one year from the date
of issuance by the commissioner. The card may not be used if
the permit or certificate is not in full force and effect. The
card may not be transferred. The commissioner may not refund
the cost of unused prepaid temporary vehicle identification
cards.
Sec. 25. Minnesota Statutes 1994, section 299A.38,
subdivision 2, is amended to read:
Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers
and heads of local law enforcement agencies who buy vests for
the use of peace officer employees may apply to the commissioner
for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-third one-half of
the vest's purchase price or $165 $300. The political
subdivision that employs the peace officer shall pay at least
the lesser of one-third one-half of the vest's purchase price or
$165 $300. The political subdivision may not deduct or pay its
share of the vest's cost from any clothing, maintenance, or
similar allowance otherwise provided to the peace officer by the
law enforcement agency.
Sec. 26. Minnesota Statutes 1994, section 299A.44, is
amended to read:
299A.44 [DEATH BENEFIT.]
Subdivision 1. [PAYMENT REQUIRED.] On certification to the
governor by the commissioner of public safety that a public
safety officer employed within this state has been killed in the
line of duty, leaving a spouse or one or more eligible
dependents, the commissioner of finance shall pay $100,000 from
the public safety officer's benefit account, as follows:
(1) if there is no dependent child, to the spouse;
(2) if there is no spouse, to the dependent child or
children in equal shares;
(3) if there are both a spouse and one or more dependent
children, one-half to the spouse and one-half to the child or
children, in equal shares;
(4) if there is no surviving spouse or dependent child or
children, to the parent or parents dependent for support on the
decedent, in equal shares; or
(5) if there is no surviving spouse, dependent child, or
dependent parent, then no payment may be made from the public
safety officer's benefit fund.
Subd. 2. [ADJUSTMENT OF BENEFIT.] On October 1 of each
year beginning after the effective date of this subdivision, the
commissioner of public safety shall adjust the level of the
benefit payable immediately before October 1 under subdivision
1, to reflect the annual percentage change in the Consumer Price
Index for all urban consumers, published by the federal Bureau
of Labor Statistics, occurring in the one-year period ending on
June 1 immediately preceding such October 1.
Sec. 27. Minnesota Statutes 1994, section 299M.03,
subdivision 2, is amended to read:
Subd. 2. [JOURNEYMAN CERTIFICATE.] A person may not
install, connect, alter, repair, or add to a fire protection
system, under the supervision of a fire protection contractor,
unless annually certified to perform those duties as a
journeyman sprinkler fitter or as a registered apprentice
sprinkler fitter. This subdivision does not apply to a person
altering or repairing a fire protection system if the system
uses low pressure water and the system is located in a facility
regulated under the federal Mine Occupational Safety and Health
Act.
Sec. 28. Minnesota Statutes 1994, section 326.12,
subdivision 3, is amended to read:
Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification,
plat, report, or other document which under sections 326.02 to
326.15 is prepared by a licensed architect, licensed engineer,
licensed land surveyor, licensed landscape architect, or
certified interior designer must bear the signature of the
licensed or certified person preparing it, or the signature of
the licensed or certified person under whose direct supervision
it was prepared. Each signature shall be accompanied by a
certification that the signer is licensed under sections 326.02
to 326.15, by the person's license number, and by the date on
which the signature was affixed. The provisions of this
paragraph shall not apply to documents of an intraoffice or
intracompany nature. A government agency or local unit of
government need sign and certify only the title page or first
page of a highway construction document that is described in
this subdivision; provided that all other pages must have
printed or stamped on them a facsimile signature and the
information required by this subdivision. The stamp or printed
signature has the same force and effect as an actual signature.
Sec. 29. Minnesota Statutes 1994, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each
customer of a telephone company or communications carrier that
provides service capable of originating a 911 emergency
telephone call is assessed a fee to cover the costs of ongoing
maintenance and related improvements for trunking and central
office switching equipment for minimum 911 emergency telephone
service, plus administrative and staffing costs of the
department of administration related to managing the 911
emergency telephone service program. Recurring charges by a
public utility providing telephone service for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner of administration if the utility is
included in an approved 911 plan and the charges have been
certified and approved under subdivision 3. The commissioner of
administration shall transfer an amount equal to two cents a
month from the fee assessed under this section on cellular and
other nonwire access services to the commissioner of public
safety for the purpose of offsetting the costs, including
administrative and staffing costs, incurred by the state patrol
division of the department of public safety in handling 911
emergency calls made from cellular phones. Money remaining in
the 911 emergency telephone service account after all other
obligations are paid must not cancel and is carried forward to
subsequent years and may be appropriated from time to time to
the commissioner of administration to provide financial
assistance to counties for the improvement of local emergency
telephone services. The improvements may include providing
access to minimum 911 service for telephone service subscribers
currently without access and upgrading existing 911 service to
include automatic number identification, local location
identification, automatic location identification, and other
improvements specified in revised county 911 plans approved by
the department.
(b) The fee may not be less than eight cents nor more than
30 cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
public utilities commission for access charge purposes and
including cellular and other nonwire access services. The fee
must be the same for all customers.
(c) The fee must be collected by each company or carrier
providing service subject to the fee. Fees are payable to and
must be submitted to the commissioner of administration monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telephone service account in the special revenue
fund. The money in the account may only be used for 911
telephone services as provided in paragraph (a).
(d) The commissioner of administration, with the approval
of the commissioner of finance, shall establish the amount of
the fee within the limits specified and inform the companies and
carriers of the amount to be collected. Companies and carriers
must be given a minimum of 45 days notice of fee changes.
(e) This subdivision does not apply to customers of a
telecommunications carrier as defined in section 237.01,
subdivision 6.
Sec. 30. Minnesota Statutes 1994, section 457A.02,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER TO ADMINISTER.] The commissioner
shall administer the port development assistance program to
advance the purposes of subdivision 1. In administering the
program, the commissioner may:
(1) make grants and loans to persons applicants eligible
under section 457A.03, subdivision 1, to apply for them;
(2) make assistance agreements with recipients of grants
and loans; and
(3) adopt rules authorized by section 457A.05.
Sec. 31. Minnesota Statutes 1994, section 457A.03,
subdivision 3, is amended to read:
Subd. 3. [STATE PARTICIPATION; LIMITATIONS.] The
commissioner may not provide any assistance under this chapter
for more than 50 80 percent of the nonfederal share of any
project. Assistance provided under this chapter may not be used
to match any other state funds. The commissioner shall not
assume continuing funding responsibility for any commercial
navigation facility project.
Sec. 32. [REFUNDS.]
A permit or certificate holder under Minnesota Statutes,
chapter 221, who was issued vehicle identification cards under
Minnesota Statutes 1994, section 221.131, between January 1,
1995, and the effective date of this section may apply for a
refund of the fee paid for each such identification card. The
commissioner of transportation shall provide for the time and
manner of applying for and paying the refund. The commissioner
shall pay the refund upon verifying the application. Amounts
necessary to pay refunds under this section are appropriated
from the trunk highway fund to the commissioner. This section
does not apply to vehicle identification cards issued for
vehicles operated under the authority of a household goods mover
permit or a passenger carrier certificate or permit.
Sec. 33. [REPEALER.]
Minnesota Statutes 1994, section 457A.01, subdivision 7, is
repealed.
Sec. 34. [APPLICATION.]
Sections 3 and 11 apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 35. [EFFECTIVE DATE.]
Sections 11, 21, 22, 23, 24, 27, 28, and 32 are effective
the day following final enactment. All other provisions of this
article are effective July 1, 1995.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 2:03 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes