Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 159-S.F.No. 1881
An act relating to the organization and operation of
state government; appropriating money for the
department of transportation and other agencies with
certain conditions; regulating certain activities and
practices; providing for fees; establishing revolving
account; requiring studies; amending Minnesota
Statutes 1996, sections 16B.335, subdivision 1;
161.082, by adding a subdivision; 161.14, subdivision
29; 162.09, subdivision 4; 162.181, subdivisions 1 and
3; 168.011, subdivision 9; 168.018; 168.1291,
subdivision 1; 168.27, subdivision 5a; 168A.29,
subdivision 1; 169.01, subdivision 78; 169.045,
subdivision 1; 169.06, subdivision 4; 169.14,
subdivisions 3 and 5a; 169.17; 169.21, subdivision 2;
169.444, subdivisions 2, 5, 6, 7, and by adding a
subdivision; 169.81, subdivision 3c; 169.85; 169.974,
subdivision 2; 171.06, subdivision 2a; 171.13,
subdivision 5, and by adding a subdivision; 171.29,
subdivision 2; 173.13, subdivision 4; 174.03, by
adding a subdivision; 221.84, subdivision 1; 296.16,
subdivision 1; 299A.38, subdivision 2, and by adding a
subdivision; 299C.10, subdivision 4; 299C.46,
subdivision 3, and by adding a subdivision; 360.017,
subdivision 1; 457A.04, subdivision 2; 473.408,
subdivision 7; and 473.446, subdivision 1a; proposing
coding for new law in Minnesota Statutes, chapters
168; 299A; and 360; repealing Minnesota Statutes 1996,
section 299D.10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
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 "1997," "1998," and "1999," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1997, June 30, 1998, or
June 30, 1999, respectively. If the figures are not used, the
appropriations are available for the year ending June 30, 1998,
or June 30, 1999, respectively. The term "first year" means the
year ending June 30, 1998, and the term "second year" means the
year ending June 30, 1999. Appropriations for the year ending
June 30, 1997, are in addition to appropriations made in
previous years.
SUMMARY BY FUND
1997 1998 1999 TOTAL
General $ 226,000 $ 76,868,000 $ 73,890,000 $150,984,000
Airports 18,016,000 18,078,000 36,094,000
C.S.A.H. 318,289,000 327,512,000 645,801,000
Highway User 14,199,000 14,269,000 28,468,000
M.S.A.S. 96,580,000 99,264,000 195,844,000
Special Revenue 912,000 927,000 1,839,000
Trunk
Highway 9,000,000 936,783,000 936,772,000 1,882,555,000
TOTAL $ 9,226,000 $1,461,647,000 $1,470,712,000 $2,941,585,000
APPROPRIATIONS
Available for the Year
Ending June 30
1997 1998 1999
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $ 9,000,000 $1,311,399,000 $1,320,220,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
1997 1998 1999
General 16,844,000 14,537,000
Airports 17,966,000 18,028,000
C.S.A.H. 318,289,000 327,512,000
M.S.A.S. 96,580,000 99,264,000
Trunk Highway 9,000,000 861,720,000 860,879,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Aeronautics 18,296,000 17,958,000
Summary by Fund
Airports 17,896,000 17,958,000
General 400,000 -0-
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
1998 1999
12,948,000 12,948,000
$12,846,000 the first year and
$12,846,000 the second year are for
navigational aids, construction grants,
and maintenance grants. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
These appropriations must be spent in
accordance with Minnesota Statutes,
section 360.305, subdivision 4.
$12,000 the first year and $12,000 the
second year are for maintenance of the
Pine Creek Airport.
$90,000 the first year and $90,000 the
second year are for air service grants.
(b) Aviation Support
4,880,000 4,941,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
$200,000 the first year and $200,000
the second year are for the air service
marketing program under Minnesota
Statutes, section 360.0151.
(c) Air Transportation Services
468,000 69,000
Summary by Fund
Airports 68,000 69,000
General 400,000 -0-
$400,000 the first year is from the
general fund for refurbishing a federal
surplus jet airplane for state
ownership and use.
Subd. 3. Transit 15,248,000 14,337,000
Summary by Fund
General 14,937,000 14,021,000
Trunk Highway 311,000 316,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Greater Minnesota Transit
Assistance
13,556,000 13,556,000
This appropriation is from the general
fund. Any unencumbered balance the
first year does not cancel but is
available for the second year.
(b) Transit Administration
767,000 781,000
Summary by Fund
General 456,000 465,000
Trunk Highway 311,000 316,000
(c) Access to Jobs and Training
in Greater Minnesota
925,000 -0-
This appropriation is from the general
fund.
The commissioner shall make grants
under this subdivision to counties
located outside the metropolitan area
and to eligible recipients of the
public transit subsidy program under
Minnesota Statutes, section 174.24,
subdivision 2, to facilitate the
transition between public assistance
and employment. Grant recipients under
this subdivision shall, to the greatest
extent possible, seek federal or
private sector funding to transport
economically disadvantaged persons to
jobs and employment-related activities,
including child care facilities.
Recipients of grants from this
appropriation may spend the grants on
the following activities:
(1) providing transportation service or
arranging for service by contract with
a transportation provider;
(2) enhancing existing public transit
service;
(3) providing full or partial bus fare
reimbursement;
(4) facilitating employer efforts to
provide or coordinate transportation
services;
(5) coordinating transportation service
already being provided;
(6) providing or contracting for
transportation links between public
transportation routes and major
employment locations; and
(7) providing, through other programs,
cost-effective transportation to the
target population.
This appropriation is available for
expenditure in either year of the
biennium.
Subd. 4. Railroads and Waterways 2,452,000 1,484,000
Summary by Fund
General 1,247,000 253,000
Trunk Highway 1,205,000 1,231,000
$1,000,000 the first year is from the
general fund for the study of commuter
rail service under article 2, section
51. This appropriation is available
until June 30, 1999. Of this amount the
commissioner may spend up to $100,000
for the costs of managing the study.
Subd. 5. Motor Carrier Regulation 2,437,000 2,487,000
Summary by Fund
General 110,000 113,000
Trunk Highway 2,327,000 2,374,000
Subd. 6. Local Roads 414,869,000 426,776,000
Summary by Fund
C.S.A.H. 318,289,000 327,512,000
M.S.A.S. 96,580,000 99,264,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
318,289,000 327,512,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
96,580,000 99,264,000
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 chair of the transportation
budget division of the senate and the
chair of the transportation budget
division 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.
Subd. 7. State Roads 9,000,000 807,314,000 817,712,000
Summary by Fund
1997 1998 1999
General 109,000 109,000
Trunk Highway 9,000,000 807,205,000 817,603,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
9,000,000 445,822,000 445,838,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
225,000,000 225,000,000
Highway User Taxes
220,822,000 220,838,000
The commissioner of transportation
shall notify the chair of the
transportation budget division of the
senate and chair of the transportation
budget division 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 rights-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
The appropriation for fiscal year 1997
is for state road construction and is
added to the appropriations in Laws
1995, chapter 265, article 2, section
2, subdivision 7, clause (a). The
commissioner, with the approval of the
commissioner of finance, may spend up
to $7,100,000 of this appropriation for
state road operations for flood relief
efforts.
Of this appropriation, up to
$15,000,000 the first year and up to
$15,000,000 the second year may be
transferred by the commissioner to the
trunk highway revolving loan account if
this account is created in the trunk
highway fund.
The commissioner of transportation may
receive money 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
15,161,000 13,539,000
$5,951,000 the first year and
$5,403,000 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 state government
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
11,606,000 11,791,000
$600,000 the first year and $600,000
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, and (3) in
regions where no regional development
commission or joint powers board is
functioning, the department's district
office for that region.
$216,000 the first year and $216,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
$154,000 the first year and $181,000
the second year are for development of
an upgraded transportation information
system for making investment decisions.
$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) Central Engineering Services
56,593,000 57,384,000
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.
(e) Design and Construction Engineering
69,445,000 70,879,000
(f) State Road Operations
202,431,000 205,503,000
Summary by Fund
General 100,000 100,000
Trunk Highway 202,331,000 205,403,000
$11,689,000 the first year and
$11,689,000 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.
$805,000 each year is for the Orion
intelligent transportation system
research project.
$100,000 the first year and $100,000
the second year are from the general
fund for grants to the Minnesota
highway safety center at St. Cloud
State University for driver education.
(g) Electronic Communications
6,256,000 12,778,000
Summary by Fund
General 9,000 9,000
Trunk Highway 6,247,000 12,769,000
$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.
$1,730,000 the first year and
$8,170,000 the second year are for the
purchase of ancillary equipment for the
800 MHZ system and for personnel
necessary to develop, install, and
operate the system.
Subd. 8. General Support 38,512,000 39,466,000
Summary by Fund
General 41,000 41,000
Airports 70,000 70,000
Trunk Highway 38,401,000 39,355,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Management
25,599,000 25,924,000
The commissioner of transportation is
authorized to implement a demonstration
congestion-pricing project involving
I-394 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). A
demonstration congestion-pricing
project implemented under this
paragraph may not be continued longer
than two years after the date of its
implementation. For the purposes of
this demonstration project, the
commissioner is 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 must be
deposited in the trunk highway fund and
are appropriated to implement and
administer this demonstration project.
The demonstration project is exempt
from Minnesota Statutes, sections
160.84 to 160.92.
(b) General Services
12,913,000 13,542,000
Summary by Fund
General 41,000 41,000
Airports 70,000 70,000
Trunk Highway 12,802,000 13,431,000
$1,500,000 the first year and
$1,500,000 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.
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. 9. Buildings 12,271,000 -0-
$6,771,000 is for ongoing operational
building needs. $5,500,000 is for the
Cedar Avenue truck station in Richfield.
The appropriation of $644,000 in Laws
1996, chapter 455, article 2, section
2, clause (5), for the Deer Lake
equipment storage building, is canceled
and is reappropriated for a Virginia
headquarters building addition for the
state patrol.
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 chair of the transportation
budget division of the senate and the
chair of the transportation budget
division of the house of
representatives.
Subd. 11. Use of State Road
Construction Appropriations
Any money appropriated to the
commissioner of transportation for
state road construction for any fiscal
year before fiscal year 1999 is
available to the commissioner during
fiscal years 1998 and 1999 to the
extent that the commissioner spends the
money on the state road construction
project for which the money was
originally encumbered during the fiscal
year for which it was appropriated.
The commissioner of transportation
shall report to the commissioner of
finance by August 1, 1998, and August
1, 1999, on a form the commissioner of
finance provides, on expenditures made
during the previous fiscal year that
are authorized by this section.
Subd. 12. Contingent Appropriation
Until June 30, 1999, the commissioner
of transportation, with the approval of
the governor after consultation with
the legislative advisory commission
under Minnesota Statutes, section 3.30,
may transfer all or part of the
unappropriated balance in the trunk
highway fund to an appropriation (1)
for trunk highway design, construction,
or inspection in order to take
advantage of an unanticipated receipt
of income to the trunk highway fund,
(2) for trunk highway maintenance in
order to meet an emergency, or (3) to
pay tort or environmental claims. The
amount transferred is appropriated for
the purpose of the account to which it
is transferred.
Sec. 3. METROPOLITAN COUNCIL
TRANSIT 51,351,000 49,351,000
Subdivision 1. Access to Jobs
and Training 2,000,000 -0-
The metropolitan council shall spend
all of this appropriation as grants
under this subdivision to counties
located in the metropolitan area to
facilitate the transition between
public assistance and employment.
Counties receiving grants under this
subdivision shall, to the greatest
extent possible, seek federal or
private sector funding to transport
economically disadvantaged persons to
jobs and employment-related activities,
including child care facilities.
Counties receiving grants from this
appropriation may spend the grants on
the following activities:
(1) providing transportation service or
arranging for service by contract with
a transportation provider;
(2) providing full or partial bus fare
reimbursement;
(3) facilitating employer efforts to
provide or coordinate transportation
services;
(4) coordinating transportation service
already being provided;
(5) providing or contracting for
transportation links between public
transportation routes and major
employment locations; and
(6) providing, through other programs,
cost-effective transportation to the
target population.
The council shall report by January 15,
1999, to the chairs of the senate and
house of representatives transportation
policy committees on activities under
this subdivision.
This appropriation is available for
expenditure in either year of the
biennium.
Subd. 2. School
Transportation
(a) The metropolitan council, the
school board of special school district
No. 1, Minneapolis, and the school
board of independent school district
No. 625, St. Paul, in consultation with
an advisory board, shall develop a
school transportation plan, the goal of
which is to make available school
transportation through the metropolitan
council's public transit system, at no
cost to students, to no fewer than 75
percent of the students transported by
Minneapolis public schools and no fewer
than 75 percent of the students
transported by St. Paul public schools,
in grades 9 to 12, during the 1998-1999
school year. The plan shall consider
the feasibility of extending the plan,
for 1998-1999 implementation or in
subsequent years, to students in grades
7 and 8.
(b) The metropolitan council and the
school boards shall appoint, convene,
and consult with an advisory board
concerning the development of the
school transportation plan. The
advisory board shall include, without
limitation, the school transportation
directors from the Minneapolis and St.
Paul school districts; a member of the
Amalgamated Transit Union; secondary
students and parents of secondary
students who use school transportation
in those school districts; a
representative of the department of
public safety; representatives of
nonpublic schools located within the
districts; a representative of the
department of children, families, and
learning; and administrators of
secondary schools within the
districts. The advisory board expires
upon submission of the report required
by paragraph (d).
(c) The transportation plan must
include, without being limited to:
(1) a plan for service of the maximum
possible number of students, with a
goal of transporting no less than 75
percent of the students in grades 9 to
12 who are transported in each
district, with a minimum number of new
transit routes;
(2) a recommendation for school day
start and end times to optimize use of
public transit for school
transportation;
(3) an analysis of availability of
public transit for special education
students; open enrollment students;
students enrolled in nonpublic schools,
charter schools, post-secondary
enrollment options programs, area
learning centers, and other
nontraditional programs; and students
participating in school activities
before or after the school day;
(4) a description of the quality of
service to be available to students,
including maximum length of ride,
number of transfers required, and
maximum distance between home or school
and bus stop;
(5) a recommendation concerning
policies applicable to fares for
student ridership throughout the school
day and identification by public
transit drivers of students entitled to
free school transportation;
(6) a plan to extend the goals and
requirements of the state's school
transportation safety program to the
transportation of students on public
transit, to the maximum feasible
extent;
(7) a method for communicating
information to students whose school
transportation will be provided by
public transit, and their parents and
guardians, of the school transportation
plan prior to any implementation and
identification of a contact person to
answer resulting questions;
(8) recommendations concerning any
legislation required to implement the
school transportation plan;
(9) an analysis of the cost to the
metropolitan council of providing the
service outlined in the school
transportation plan;
(10) an analysis of the cost to the
Minneapolis and St. Paul school
districts for providing transportation
and transportation-related services to
students in grades 9 to 12 under the
school transportation plan developed as
provided in paragraph (a), which must
not exceed the projected cost, as
determined by the districts, of
providing equivalent transportation and
transportation-related services using
district-provided transportation;
(11) a description of the services that
the districts will be able to
discontinue by virtue of the
implementation of the school
transportation plan, and the financial
impact to the school districts of
discontinuing these services; and
(12) an analysis of the safety
implications of the plan.
(d) The metropolitan council and school
boards for the Minneapolis and St. Paul
school districts shall report the
school transportation plan to the
senate children, families and learning
K-12 committee and transportation
committee, and to the house of
representatives education committee and
transportation and transit committee
before January 30, 1998.
Subd. 3. Transit
Operations
(a) The council may not spend more than
$34,600,000 for metro mobility in the
1998-1999 biennium except for proceeds
from bond sales when use of those
proceeds for metro mobility capital
expenditures is authorized by law.
(b) The council may not raise fares for
regular route service it provides
during the 1998-1999 biennium.
(c) The council shall use this
appropriation to provide at least
131,000,000 riders per biennium.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 226,000 97,830,000 100,099,000
Summary by Fund
1997 1998 1999
General 226,000 8,673,000 10,002,000
Trunk
Highway -0- 74,196,000 75,026,000
Highway User -0- 14,049,000 14,144,000
Special
Revenue -0- 912,000 927,000
Subd. 2. Administration
and Related Services 10,685,000 11,914,000
Summary by Fund
General 2,830,000 3,953,000
Trunk Highway 6,490,000 6,616,000
Highway User 1,365,000 1,345,000
$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.
$1,128,000 the second year from the
general fund and $575,000 the first
year and $575,000 the second year from
the trunk highway fund are to enhance
the criminal justice computer systems.
$299,000 the first year and $308,000
the second year are for soft body armor
reimbursements under Minnesota
Statutes, section 299A.38.
$50,000 the first year from the highway
user tax distribution fund is for the
public awareness campaign on vehicle
forfeiture and administrative plate
impoundment. This appropriation
cancels unless a law is enacted in 1997
which requires the department of public
safety to implement this campaign.
$1,851,000 the first year and
$1,830,000 the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on January 1,
1998, and January 1, 1999,
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.
$580,000 the first year and $610,000
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, 1998, and January 1, 1999,
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 tax
distribution fund purposes in the
administration and related services
program.
$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, 1998, and January 1, 1999,
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.
Subd. 3. State Patrol 226,000 51,215,000 51,717,000
Summary by Fund
1997 1998 1999
General 226,000 2,058,000 2,181,000
Trunk Highway 49,067,000 49,446,000
Highway User 90,000 90,000
The commissioner of finance shall
reduce the appropriations for the
division of state patrol from the trunk
highway fund and general fund as
necessary to reflect legislation
enacted in 1997 that (1) reduces state
contributions for pensions for
employees under the division of state
patrol from the trunk highway fund or
general fund, or (2) provides money for
those pensions from police state aid.
Of the appropriation for fiscal year
1997, $76,000 is for transfer to the
trunk highway fund and $150,000 is to
reimburse the state patrol for general
fund expenditures to cover the costs of
deploying state patrol troopers to the
city of Minneapolis to assist the city
in combating violent crime.
$600,000 the first year and $1,200,000
the second year from the trunk highway
fund are to implement wage increases
for state patrol troopers, trooper 1s,
and corporals. The wage adjustments
are based on an internal Hay study
conducted by the department of employee
relations.
$1,675,000 the first year and $424,000
the second year from the trunk highway
fund and $93,000 the first year and
$22,000 the second year from the
general fund are for the development
and operational costs of computer-aided
dispatching, records management, and
station office automation systems.
$78,000 the first year and $78,000 the
second year from the general fund are
for additional capitol complex security
positions.
The commissioner of public safety shall
identify and implement measures to
increase the representation of females
and minorities in the state patrol so
that the trooper population more
accurately reflects the population
served by the state patrol. These
measures must include:
(1) evaluation of hiring and training
programs to identify and eliminate any
biases against underutilized, protected
groups;
(2) expansion of outreach programs to
high schools to include informational
presentations on law enforcement
careers and law enforcement degree
programs;
(3) intensification of recruitment
efforts toward qualified members of
protected groups;
(4) provision of guidance and support
to students in law enforcement degree
programs;
(5) publication of employment
opportunities in newspapers with
substantial readership among protected
groups; and
(6) development of other innovative
ways to promote awareness, acceptance,
and appreciation for diversity and
affirmative action in the state patrol.
The commissioner shall report to the
senate transportation committee and the
house of representatives transportation
and transit committee by January 30,
1998, on the measures implemented,
results achieved, progress made in
reaching affirmative action goals, and
recommendations for future action.
When an otherwise qualified candidate
does not have the educational credits
to meet the current peace officer
standards and training board licensing
standards, the commissioner may provide
the financial resources to obtain the
education necessary to meet the
licensing requirements. Of this
appropriation, $150,000 the second year
from the general fund is for assistance
to these otherwise qualified
individuals to prepare them for the
trooper candidate school beginning in
January 1999.
Subd. 4. Driver and
Vehicle Services 34,666,000 35,185,000
Summary by Fund
General 3,724,000 3,807,000
Trunk Highway 18,348,000 18,669,000
Highway User 12,594,000 12,709,000
$867,000 the first year and $777,000
the second year from the highway user
tax distribution fund are for
purchasing manufactured license plates
from the department of corrections.
$24,000 the first year and $19,000 the
second year from the trunk highway fund
are for the costs related to adding
blood alcohol concentration to drivers'
records. This appropriation cancels
unless a law is enacted in 1997 which
requires the department of public
safety to record blood alcohol
concentration on a driver's record.
$89,000 the first year and $135,000 the
second year from the highway user tax
distribution fund are for implementing
the plate impoundments. This
appropriation cancels unless a law is
enacted in 1997 which requires the
commissioner of public safety to
impound a vehicle's license plates upon
a second DWI conviction within five
years on the part of the vehicle's
owner.
Subd. 5. Traffic
Safety 352,000 356,000
Summary by Fund
General 61,000 61,000
Trunk Highway 291,000 295,000
Subd. 6. Pipeline Safety 912,000 927,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Sec. 5. ADMINISTRATION 25,000 -0-
This appropriation is from the highway
user tax distribution fund. The
commissioner shall spend this
appropriation for a study by a
qualified consultant to determine the
actual percent of all gasoline received
in and produced or brought into the
state, except gasoline used for
aviation purposes, that is being used
as fuel for snowmobiles in the state.
The study must include a determination
of the amount of gasoline consumed by
vehicles in the course of transporting
snowmobiles on the highways of this
state. The commissioner shall consult
with the commissioners of revenue,
transportation, and natural resources
in preparing the request for proposals
for the study and in selecting the
consultant to perform the study. The
commissioner shall report to the
legislature on the results of the study
by February 1, 1998.
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 200,000 200,000
Highway User 125,000 125,000
Airports 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.
ARTICLE 2
TRANSPORTATION DEVELOPMENT
Section 1. [REPORT.]
The commissioner of transportation shall report to the
chairs of the senate and house of representatives transportation
committees by January 15, 1998, and January 15, 1999, on the use
of grants to the Minnesota highway safety center at St. Cloud
State University under: (1) Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), clause (4), item (ii); and (2)
article 1, section 2, subdivision 7, paragraph (f), of this act.
Sec. 2. [SCREENING AND ADVISORY COMMITTEES.]
Notwithstanding any other law, the following advisory
committees do not expire on June 30, 1997:
(1) the county state-aid rules advisory committee
established under Minnesota Statutes, section 162.02,
subdivision 2;
(2) the county state-aid screening board established under
Minnesota Statutes, section 162.07, subdivision 5;
(3) the municipal state-aid rules advisory committee
established under Minnesota Statutes, section 162.09,
subdivision 2; and
(4) the municipal state-aid screening committee established
under Minnesota Statutes, section 162.13, subdivision 3.
Sec. 3. [DEPARTMENT OF TRANSPORTATION; LAND TRANSFER.]
Notwithstanding any other provision of law, the
commissioner of transportation shall at the earliest feasible
date transfer to the city of Duluth at no cost a tract of land
consisting of 0.59 acres of parcel No. 211 in the city of Duluth.
Sec. 4. [DEMONSTRATION PROGRAM.]
Notwithstanding Minnesota Statutes, section 473.384,
subdivision 6, regarding percentages of total operating costs to
be subsidized by the metropolitan council, until June 30, 2001,
the metropolitan council may establish the appropriate
percentage operating subsidy to be granted to individual
recipients under the subdivision. The metropolitan council must
establish the percentage annually, based on available transit
funds and the council's determination of a reasonable subsidy
per passenger trip in comparison to similar transit or
paratransit service in the metropolitan area. The council may
provide a subsidy up to 100 percent of a recipient's operating
costs for all or any portion of the transit or paratransit
service and may require recipients to pay up to 100 percent of
their own operating costs for all or any portion of the service.
Sec. 5. Minnesota Statutes 1996, section 16B.335,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] (a)
The commissioner, or any other recipient to whom an
appropriation is made to acquire or better public lands or
buildings or other public improvements of a capital nature, must
not prepare final plans and specifications for any construction,
major remodeling, or land acquisition in anticipation of which
the appropriation was made until the agency that will use the
project has presented the program plan and cost estimates for
all elements necessary to complete the project to the chair of
the senate finance committee and the chair of the house ways and
means committee and the chairs have made their recommendations,
and the chair of the house capital investment committee is
notified. "Construction or major remodeling" means construction
of a new building or substantial alteration of the exterior
dimensions or interior configuration of an existing building.
The presentation must note any significant changes in the work
that will be done, or in its cost, since the appropriation for
the project was enacted or from the predesign submittal. The
program plans and estimates must be presented for review at
least two weeks before a recommendation is needed. The
recommendations are advisory only. Failure or refusal to make a
recommendation is considered a negative recommendation. The
chairs of the senate finance committee, the house capital
investment committee, and the house ways and means committee
must also be notified whenever there is a substantial change in
a construction or major remodeling project, or in its cost.
(b) Capital projects exempt from the requirements of this
section include construction, renovation, or improvements to
dams, highway rest areas, truck stations, storage facilities not
consisting primarily of offices or heated work areas, trails,
bike paths, sewer separation projects, water and wastewater
facilities, campgrounds, roads, bridges, port development
projects for which the commissioner of transportation has
entered into an assistance agreement under section 457A.04, or
any other capital project with a construction cost of less than
$200,000.
Sec. 6. Minnesota Statutes 1996, section 161.082, is
amended by adding a subdivision to read:
Subd. 3. [TRANSFERS TO TURNBACK ACCOUNT.] (a) Whenever a
county submits plans for a project to be funded from the county
turnback account and the commissioner determines that the
project would be approved for funding except for insufficient
money in the county turnback account, the commissioner may
transfer from the unencumbered balance of the construction
account in the county state-aid highway fund an amount
sufficient to pay the costs of the project.
(b) The commissioner may make a transfer under paragraph (a)
only if the commissioner determines that the transfer would not
reduce the unencumbered balance of the construction account in
the county state-aid highway fund to less than $50,000,000.
(c) Not later than ten years after any transfer under
paragraph (a), the commissioner shall transfer from the county
turnback account to the construction account in the county
state-aid highway fund an amount sufficient to repay the amount
transferred under paragraph (a).
Sec. 7. Minnesota Statutes 1996, section 161.14,
subdivision 29, is amended to read:
Subd. 29. [LAURA INGALLS WILDER HISTORIC HIGHWAY.] Marked
trunk highway No. 14, from its intersection with marked trunk
highway No. 169 in or near the city of Mankato to its terminus
at the Minnesota-South Dakota border, easterly to its
intersection with marked U.S. highway No. 63 in or near
Rochester and then northerly and southerly along marked U.S.
highway No. 63, as follows:
(1) northerly along marked U.S. highway No. 63 to its
intersection with marked U.S. highway No. 61 in or near Lake
City and then southeasterly along U.S. highway No. 61 to its
intersection with marked trunk highway No. 60 in or near the
city of Wabasha and then northeasterly along marked trunk
highway No. 60 to its intersection with the Minnesota-Wisconsin
border; and
(2) southerly along marked U.S. highway No. 63 to its
intersection with marked trunk highway No. 16 and then easterly
along marked trunk highway No. 16 to its intersection with
marked U.S. highway No. 52 in or near the city of Preston and
then southerly and easterly along marked U.S. highway No. 52 to
the Minnesota-Iowa border,
is designated the "Laura Ingalls Wilder Historic Highway."
Pursuant to section 161.139, the commissioner of
transportation shall adopt a suitable marking design to mark
this highway and shall erect appropriate signs. The people of
the communities, having resolved to support and financially back
the marking of these routes, shall reimburse the department for
costs incurred in marking and memorializing this highway.
Sec. 8. Minnesota Statutes 1996, 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.
(e) The population of a city that is not receiving a
municipal state-aid street fund apportionment shall be
determined, upon request of the city, by the most recent
population estimate of the metropolitan council or state
demographer. A municipal state-aid street fund apportionment
received by the city must be based on this population estimate
until the next federal decennial census or special census.
Sec. 9. Minnesota Statutes 1996, section 162.181,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATION ON AMOUNT.] Except as otherwise
provided herein, any county may, in accordance with chapter 475,
issue and sell its obligations, the total amount thereof not to
exceed the total of the preceding two years state-aid
allotments, for the purpose of establishing, locating,
relocating, constructing, reconstructing, and improving county
state-aid highways therein and constructing buildings and other
facilities for maintaining county state-aid highways. In the
resolution providing for the issuance of the obligations, the
county board of the county shall irrevocably pledge and
appropriate to the sinking fund from which the obligations are
payable, an amount of the moneys money allotted or to be
allotted to the county from its account in the county state-aid
highway fund sufficient to pay the principal of and the interest
on the obligations as they respectively come due. The
obligations shall be issued in the amounts and on terms such
that the amount of principal and interest due in any calendar
year on the obligations, including any similar obligations of
the county which are outstanding, shall not exceed 50 percent of
the amount of the last annual allotment preceding the bond issue
received by the county from the construction account in the
county state-aid highway fund. All interest on the obligations
shall be paid out of the county's normal maintenance account in
the county state-aid highway fund. The obligations may be made
general obligations, but if moneys money of the county other
than moneys money received from the county state-aid highway
fund, are is used for payment of the obligations, the moneys
money so used shall be restored to the appropriate fund from the
moneys money next received by the county from the construction
or maintenance account in the county state-aid highway fund
which are is not required to be paid into a sinking fund for
obligations.
Sec. 10. Minnesota Statutes 1996, section 162.181,
subdivision 3, is amended to read:
Subd. 3. [PROCEEDS TO BE USED FOR SPECIFIC PURPOSES.]
Moneys Money received from the sale of the obligations and spent
for the establishment, location, relocation, construction,
reconstruction, and improvement of county state-aid highways
within the county shall be spent only in accordance with other
provisions of law and the rules of the transportation
commissioner relating to the establishment, location,
relocation, construction, reconstruction, and improvement of
county state-aid highways within the county issuing the
obligations those purposes.
Sec. 11. Minnesota Statutes 1996, section 168.011,
subdivision 9, is amended to read:
Subd. 9. [BUS; INTERCITY BUS.] (a) "Bus" means (1) every
motor vehicle designed for carrying more than 15 passengers
including the driver and used for transporting persons, and (2)
every motor vehicle that is (i) designed for carrying more than
ten passengers including the driver, (ii) used for transporting
persons, and (iii) owned by a nonprofit organization and not
operated for hire or for commercial purposes, or (3) every motor
vehicle certified by the department of transportation as a
special transportation service provider vehicle and receiving
reimbursement as provided in section 256B.0625, subdivision 17.
(b) "Intercity bus" means any bus operating as a common
passenger carrier over regular routes and between fixed termini,
but excluding all buses operating wholly within the limits of
one city, or wholly within two or more contiguous cities, or
between contiguous cities and a terminus outside the corporate
limits of such cities, and not more than 20 miles distant
measured along the fixed route from such corporate limits.
Sec. 12. Minnesota Statutes 1996, section 168.018, is
amended to read:
168.018 [QUARTERLY REGISTRATION OF FARM TRUCKS.]
The owner of (1) any farm truck as defined in section
168.011, subdivision 17, or (2) a truck owned by a retailer who
is engaged in the intrastate transportation of fertilizer or
agricultural chemicals directly to a farm for on-farm use within
a radius of 50 miles of the retailer's business location, may
elect to register and license the farm truck only for one or
more quarters of a registration year, at a tax of one-fourth of
the annual tax on the vehicle plus $5 for each quarterly
registration. The owner may not apply for quarterly
registration or renewal until seven days before the selected
quarter or concurrent quarters. The expiration date of a
registration shall be displayed on the license plate in such a
manner as the registrar shall direct. No farm truck registered
on a quarterly basis shall be operated on the public streets and
highways more than ten days beyond the end of the quarter for
which it is registered unless the registration has been renewed
for another quarter or for the remainder of the registration
year.
For purposes of this section registration quarters shall
begin on March 1, June 1, September 1, and December 1.
Sec. 13. [168.1235] [VETERANS SERVICE ORGANIZATIONS;
SPECIAL LICENSE PLATE STICKERS.]
Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On
payment of a fee of $10 for each set of two license plates, or
for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other
laws relating to the registration and licensing of a passenger
automobile, pickup truck, van, self-propelled recreational
equipment, or motorcycle, as applicable, the registrar shall
issue a special license plate sticker for each plate to an
applicant who is a member of a congressionally chartered
veterans service organization and is an owner or joint owner of
a passenger automobile, pickup truck, van, self-propelled
recreational equipment, or motorcycle.
(b) The additional fee of $10 is payable at the time of
initial application for the special license plate stickers and
when the license plates must be replaced or renewed. An
applicant must not be issued more than two sets of special
license plate stickers for vehicles listed in paragraph (a) and
owned or jointly owned by the applicant.
(c) The commissioner of veterans affairs shall determine
what documentation is required by each applicant to show that
the applicant is a member of a congressionally chartered
veterans service organization and is entitled to the special
license plate stickers.
Subd. 2. [DESIGN.] (a) The commissioner of veterans
affairs, after consultation with each of the congressionally
chartered veterans service organizations, shall design the
special license plate stickers, subject to the approval of the
registrar. The emblem, symbol, or other pictorial
representation on the sticker must be at least as large as the
letters and numerals on the plate and the registrar shall allow
for plates with spaces for the stickers in place of a numeral or
letter.
(b) Each congressionally chartered veterans service
organization must arrange for any applicable rules of the
national organization to be changed or copyrights to be released
before the commissioner may issue special license plate stickers
to members of any particular service organization under this
section.
Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans
affairs shall estimate the number of special plate stickers that
will be required and submit the estimate to the registrar.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12
or other law to the contrary, on payment of a fee of $5, the
special plate stickers issued under subdivision 1, may be
transferred to other license plates on a passenger automobile,
pickup truck, van, motorcycle, or self-propelled recreational
equipment owned or jointly owned by the person to whom the
stickers were issued.
Subd. 5. [FEES CREDITED.] Fees collected under this
section must be paid into the state treasury and credited to the
highway user tax distribution fund.
Sec. 14. Minnesota Statutes 1996, section 168.1291,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section
"special license plates" means license plates issued under
sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235;
168.129; 168.1292; and 168.1296.
Sec. 15. Minnesota Statutes 1996, section 168.27,
subdivision 5a, is amended to read:
Subd. 5a. [CONSIGNMENT SALES.] No person may solicit,
accept, offer for sale, or sell motor vehicles for consignment
sale unless licensed as a new or used motor vehicle dealer, a
motor vehicle wholesaler, or a motor vehicle auctioneer. This
requirement does not apply to a licensed auctioneer selling
motor vehicles at an auction if, in the ordinary course of the
auctioneer's business, the sale of motor vehicles is incidental
to the sale of other real or personal property. Incidental
means up to a total of ten but no more than ten percent of the
items in the posted auction bill are motor vehicles.
Sec. 16. Minnesota Statutes 1996, section 168A.29,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] (a) The department shall be paid
the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $2;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest
filed by a public authority under section 168A.05, subdivision
8;
(3) for the transfer of the interest of an owner and the
issuance of a new certificate of title, the sum of $2;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum
of $4.
(b) After June 30, 1994, in addition to each of the fees
required under paragraph (a), clauses (1) and (3), the
department shall be paid:
(1) from July 1, 1994, to June 30, 1997, $3.50; but then
(2) after June 30, 1997, $1.
The additional fee collected under this paragraph must be
deposited in the transportation services special revenue fund
and credited to the state patrol public safety motor vehicle
account established in section 299D.10 299A.70.
Sec. 17. Minnesota Statutes 1996, section 169.01,
subdivision 78, is amended to read:
Subd. 78. [RECREATIONAL VEHICLE COMBINATION.]
"Recreational vehicle combination" means a combination of
vehicles consisting of a pickup truck as defined in section
168.011, subdivision 29, attached by means of a fifth-wheel
coupling to a camper-semitrailer which has hitched to it a
trailer carrying a watercraft as defined in section 86B.005,
subdivision 18; off-highway motorcycle as defined in section
84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile
as defined in section 84.81, subdivision 3; or all-terrain
vehicle as defined in section 84.92, subdivision 8. For
purposes of this subdivision:
(a) A "fifth-wheel coupling" is a coupling between a
camper-semitrailer and a towing pickup truck in which a portion
of the weight of the camper-semitrailer is carried over or
forward of the rear axle of the towing pickup.
(b) A "camper-semitrailer" is a trailer, other than a
manufactured home as defined in section 327B.01, subdivision 13,
designed for human habitation and used for vacation or
recreational purposes for limited periods.
Sec. 18. Minnesota Statutes 1996, section 169.045,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION OF ROADWAYS, PERMIT.] The
governing body of any county, home rule charter or statutory
city, or town may by ordinance authorize the operation of
motorized golf carts, or four-wheel all-terrain vehicles, on
designated roadways or portions thereof under its jurisdiction.
Authorization to operate a motorized golf cart or four-wheel
all-terrain vehicle is by permit only. For purposes of this
section, a four-wheel all-terrain vehicle is a motorized
flotation-tired vehicle with four low-pressure tires that is
limited in engine displacement of less than 800 cubic
centimeters and total dry weight less than 600 pounds.
Sec. 19. Minnesota Statutes 1996, section 169.06,
subdivision 4, is amended to read:
Subd. 4. [OBEDIENCE TO AND REQUIRED TRAFFIC-CONTROL
DEVICES.] (a) The driver of any vehicle shall obey the
instructions of any official traffic-control device applicable
thereto placed in accordance with the provisions of this
chapter, unless otherwise directed by a traffic or police
officer, subject to the exceptions granted the driver of an
authorized emergency vehicle in this chapter.
(b) No provision of this chapter for which official
traffic-control devices are required shall be enforced against
an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and
sufficiently legible to be seen by an ordinarily observant
person. Whenever a particular section does not state that
official traffic-control devices are required, such section
shall be effective even though no devices are erected or in
place.
(c) Whenever official traffic-control devices are placed in
position approximately conforming to the requirements of this
chapter, such devices shall be presumed to have been so placed
by the official act or direction of lawful authority, unless the
contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to
the provisions of this chapter and purporting to conform to the
lawful requirements pertaining to such devices shall be presumed
to comply with the requirements of this chapter, unless the
contrary shall be established by competent evidence.
(e) A flagger in a designated work zone may stop vehicles
and hold vehicles in place until it is safe for the vehicles to
proceed. A person operating a motor vehicle that has been
stopped by a flagger in a designated work zone may proceed after
stopping only on instruction by the flagger.
Sec. 20. Minnesota Statutes 1996, section 169.14,
subdivision 3, is amended to read:
Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any
vehicle shall, consistent with the requirements, drive at an
appropriate reduced speed when approaching or passing an
authorized emergency vehicle stopped with emergency lights
flashing on any street or highway, when approaching and crossing
an intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, and when special
hazards exist with respect to pedestrians or other traffic or by
reason of weather or highway conditions.
(b) A person who fails to reduce speed appropriately when
approaching or passing an authorized emergency vehicle stopped
with emergency lights flashing on a street or highway shall be
assessed an additional surcharge equal to the amount of the fine
imposed for the speed violation, but not less than $25.
Sec. 21. Minnesota Statutes 1996, section 169.14,
subdivision 5a, is amended to read:
Subd. 5a. [SPEED ZONING IN SCHOOL ZONES.] Local
authorities may establish a school speed limit within a school
zone of a public or nonpublic school upon the basis of an
engineering and traffic investigation as prescribed by the
commissioner of transportation. The establishment of a school
speed limit on any trunk highway shall be with the consent of
the commissioner of transportation. Such school speed limits
shall be in effect when children are present, going to or
leaving school during opening or closing hours or during school
recess periods. The school speed limit shall not be lower than
15 miles per hour and shall not be more than 20 miles per hour
below the established speed limit on an affected street or
highway if the established speed limit is 40 miles per hour or
greater.
The school speed limit shall be effective upon the erection
of appropriate signs designating the speed and indicating the
beginning and end of the reduced speed zone. Any speed in
excess of such posted school speed limit is unlawful. All such
signs shall be erected by the local authorities on those streets
and highways under their respective jurisdictions and by the
commissioner of transportation on trunk highways.
For the purpose of this subdivision, "school zone" means
that section of a street or highway which abuts the grounds of a
school where children have access to the street or highway from
the school property or where an established school crossing is
located provided the school advance sign prescribed by the
manual on uniform traffic control devices adopted by the
commissioner of transportation pursuant to section 169.06 is in
place. All signs erected by local authorities to designate
speed limits in school zones shall conform to the manual on
uniform control devices.
Notwithstanding section 609.0331 or 609.101 or other law to
the contrary, a person who violates a speed limit established
under this subdivision is assessed an additional surcharge equal
to the amount of the fine imposed for the violation, but not
less than $25.
Sec. 22. Minnesota Statutes 1996, section 169.17, is
amended to read:
169.17 [EMERGENCY VEHICLES.]
The speed limitations set forth in sections 169.14 to
169.17 do not apply to an authorized emergency vehicles when
vehicle responding to an emergency calls, but the drivers
thereof. Drivers of all emergency vehicles shall sound an
audible signal by siren and display at least one lighted red
light to the front, except that law enforcement vehicles or
medical emergency vehicles shall sound an audible signal by
siren or display at least one lighted red light to the front.
This provision does not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the
safety of persons using the street, nor does it protect the
driver of an authorized emergency vehicle from the consequence
of a reckless disregard of the safety of others.
Sec. 23. Minnesota Statutes 1996, section 169.21,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where
traffic-control signals are not in place or in operation, the
driver of a vehicle shall stop to yield the right-of-way to a
pedestrian crossing the roadway within a marked crosswalk or
within any crosswalk at an intersection but no pedestrian shall
suddenly leave a curb or other place of safety and walk or run
into the path of a vehicle which is so close that it is
impossible for the driver to yield. This provision shall not
apply under the conditions as otherwise provided in this
subdivision.
(b) When any vehicle is stopped at a marked crosswalk or at
any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway, the driver of any other vehicle
approaching from the rear shall not overtake and pass the
stopped vehicle.
(c) It is unlawful for any person to drive a motor vehicle
through a column of school children crossing a street or highway
or past a member of a school safety patrol or adult crossing
guard, while the member of the school safety patrol or adult
crossing guard is directing the movement of children across a
street or highway and while the school safety patrol member or
adult crossing guard is holding an official signal in the stop
position. A peace officer may arrest the driver of a motor
vehicle if the peace officer has probable cause to believe that
the driver has operated the vehicle in violation of this
paragraph within the past four hours.
(d) A person who violates this subdivision is guilty of a
misdemeanor and may be sentenced to imprisonment for not more
than 90 days or to payment of a fine of not more than $700, or
both. A person who violates this subdivision a second or
subsequent time within one year of a previous conviction under
this subdivision is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
Sec. 24. Minnesota Statutes 1996, section 169.444, is
amended by adding a subdivision to read:
Subd. 1a. [PASSING ON RIGHT.] No person may pass or
attempt to pass a school bus in a motor vehicle on the
right-hand, passenger-door side of the bus when the school bus
is displaying the prewarning flashing amber signals as required
in section 169.443, subdivision 1.
Sec. 25. Minnesota Statutes 1996, section 169.444,
subdivision 2, is amended to read:
Subd. 2. [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person
who fails to stop a vehicle or to keep it stopped, as required
in subdivision 1, or who violates subdivision 1a, is guilty of a
misdemeanor punishable by a fine of not less than $300.
(b) A person is guilty of a gross misdemeanor if the person
fails to stop a motor vehicle or to keep it stopped, as required
in subdivision 1, or who violates subdivision 1a, and commits
either or both of the following acts:
(1) passes or attempts to pass the school bus in a motor
vehicle on the right-hand, passenger-door side of the bus; or
(2) passes or attempts to pass the school bus in a motor
vehicle when a school child is outside of and on the street or
highway used by the school bus or on the adjacent sidewalk.
Sec. 26. Minnesota Statutes 1996, section 169.444,
subdivision 5, is amended to read:
Subd. 5. [CAUSE FOR ARREST.] A peace officer may arrest
the driver of a motor vehicle if the peace officer has probable
cause to believe that the driver has operated the vehicle in
violation of subdivision 1 or 1a within the past four hours.
Sec. 27. Minnesota Statutes 1996, section 169.444,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION; PENALTY FOR OWNERS AND LESSEES.] (a)
If a motor vehicle is operated in violation of subdivision 1 or
1a, the owner of the vehicle, or for a leased motor vehicle the
lessee of the vehicle, is guilty of a petty misdemeanor.
(b) The owner or lessee may not be fined under paragraph
(a) if (1) another person is convicted for that violation, or
(2) the motor vehicle was stolen at the time of the violation.
(c) Paragraph (a) does not apply to a lessor of a motor
vehicle if the lessor keeps a record of the name and address of
the lessee.
(d) Paragraph (a) does not prohibit or limit the
prosecution of a motor vehicle operator for violating
subdivision 1 or 1a.
(e) A violation under paragraph (a) does not constitute
grounds for revocation or suspension of the owner's or lessee's
driver's license.
Sec. 28. Minnesota Statutes 1996, section 169.444,
subdivision 7, is amended to read:
Subd. 7. [EVIDENTIARY PRESUMPTIONS.] (a) There is a
rebuttable presumption that signals described in section 169.442
were in working order and operable when a violation of
subdivision 1, 1a, 2, or 5 was allegedly committed, if the
signals of the applicable school bus were inspected and visually
found to be in working order and operable within 12 hours
preceding the incident giving rise to the violation.
(b) There is a rebuttable presumption that a motor vehicle
outwardly equipped and identified as a school bus satisfies all
of the identification and equipment requirements of section
169.441 when a violation of subdivision 1, 1a, 2, or 5 was
allegedly committed, if the applicable school bus bears a
current inspection certificate issued under section 169.451.
Sec. 29. Minnesota Statutes 1996, section 169.81,
subdivision 3c, is amended to read:
Subd. 3c. [RECREATIONAL VEHICLE COMBINATIONS.]
Notwithstanding subdivision 3, a recreational vehicle
combination may be operated without a permit if:
(1) the combination does not consist of more than three
vehicles, and the towing rating of the pickup truck is equal to
or greater than the total weight of all vehicles being towed;
(2) the combination does not exceed 60 feet in length;
(3) the camper-semitrailer in the combination does not
exceed 28 feet in length until August 1, 1997, and 26 feet
thereafter;
(4) the operator of the combination is at least 18 years of
age;
(5) the trailer carrying a watercraft, motorcycle,
motorized bicycle, off-highway motorcycle, snowmobile, or
all-terrain vehicle meets all requirements of law;
(6) the trailers in the combination are connected to the
pickup truck and each other in conformity with section 169.82;
and
(7) the combination is not operated within the seven-county
metropolitan area, as defined in section 473.121, subdivision 2,
during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00
p.m. on Mondays through Fridays.
Sec. 30. Minnesota Statutes 1996, section 169.85, is
amended to read:
169.85 [WEIGHING; PENALTY.]
Subdivision 1. [DRIVERS TO STOP FOR WEIGHING.] The driver
of a vehicle which has been lawfully stopped may be required by
a peace officer to submit the vehicle and load to a weighing by
means of portable or stationary scales, and the peace officer
may require that the vehicle be driven to the nearest available
scales if the distance to the scales is no further than five
miles, or if the distance from the point where the vehicle is
stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest
available scales. Official traffic control devices as
authorized by section 169.06 may be used to direct the driver to
the nearest scale. When a truck weight enforcement operation is
conducted by means of portable or stationary scales and signs
giving notice of the operation are posted within the highway
right-of-way and adjacent to the roadway within two miles of the
operation, the driver of a truck or combination of vehicles
registered for or weighing in excess of 12,000 pounds shall
proceed to the scale site and submit the vehicle to weighing and
inspection.
Subd. 2. [UNLOADING.] Upon weighing a vehicle and load, as
provided in this section, an officer may require the driver to
stop the vehicle in a suitable place and remain standing until a
portion of the load is removed that is sufficient to reduce the
gross weight of the vehicle to the limit permitted under section
169.825. A suitable place is a location where loading or
tampering with the load is not prohibited by federal, state, or
local law, rule or ordinance. A driver may be required to
unload a vehicle only if the weighing officer determines that
(a) on routes subject to the provisions of section 169.825, the
weight on an axle exceeds the lawful gross weight prescribed by
section 169.825, by 2,000 pounds or more, or the weight on a
group of two or more consecutive axles in cases where the
distance between the centers of the first and last axles of the
group under consideration is ten feet or less exceeds the lawful
gross weight prescribed by section 169.825, by 4,000 pounds or
more; or (b) on routes designated by the commissioner in section
169.832, subdivision 11, the overall weight of the vehicle or
the weight on an axle or group of consecutive axles exceeds the
maximum lawful gross weights prescribed by section 169.825; or
(c) the weight is unlawful on an axle or group of consecutive
axles on a road restricted in accordance with section 169.87.
Material unloaded must be cared for by the owner or driver of
the vehicle at the risk of the owner or driver.
Subd. 3. [VIOLATION.] A driver of a vehicle who (1) fails
or refuses to stop and submit the vehicle and load to a weighing
as required in this section, or who (2) fails or refuses, when
directed by an officer upon a weighing of the vehicle, to stop
the vehicle and otherwise comply with the provisions of this
section, or (3) fails to comply with an official traffic control
device as authorized by section 169.06 that directs the driver
to the nearest scale is guilty of a misdemeanor.
Subd. 4. [ARREST.] A peace officer may arrest the driver
of a motor vehicle if the peace officer has probable cause to
believe that the driver has operated the vehicle in violation of
subdivision 3 within the past four hours.
Subd. 5. [IDENTIFICATION OF DRIVER.] A person who owns or
leases a motor vehicle that a peace officer has probable cause
to believe has been operated in violation of subdivision 3 must
identify the driver of the motor vehicle upon request of the
peace officer. Violation of this subdivision is a petty
misdemeanor.
Sec. 31. Minnesota Statutes 1996, section 169.974,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate a
motorcycle on any street or highway without having a valid
standard driver's license with a two-wheeled vehicle endorsement
as provided by law. No such two-wheeled vehicle endorsement
shall be issued unless the person applying therefor has in
possession a valid two-wheeled vehicle instruction permit as
provided herein, has passed a written examination and road test
administered by the department of public safety for such
endorsement, and, in the case of applicants under 18 years of
age, shall present a certificate or other evidence of having
successfully completed an approved two-wheeled vehicle driver's
safety course in this or another state, in accordance with rules
promulgated by the state board of education for courses offered
through the public schools, or rules promulgated by the
commissioner of public safety for courses offered by a private
or commercial school or institute. The commissioner of public
safety may waive the road test for any applicant on determining
that the applicant possesses a valid license to operate a
two-wheeled vehicle issued by a jurisdiction that requires a
comparable road test for license issuance. A two-wheeled
vehicle instruction permit shall be issued to any person over 16
years of age, who is in possession of a valid driver's license,
who is enrolled in an approved two-wheeled vehicle driver's
safety course, and who has passed a written examination for such
permit and has paid such fee as the commissioner of public
safety shall prescribe. A two-wheeled vehicle instruction
permit shall be effective for 45 days one year, and may be
renewed under rules to be prescribed by the commissioner of
public safety.
No person who is operating by virtue of a two-wheeled
vehicle instruction permit shall:
(a) carry any passengers on the streets and highways of
this state on the motorcycle which the person is operating;
(b) drive the motorcycle at night time;
(c) drive the motorcycle on any highway marked by the
commissioner as an interstate highway pursuant to title 23 of
the United States Code; or
(d) drive the motorcycle without wearing protective
headgear that complies with standards established by the
commissioner of public safety.
Notwithstanding the provisions of this subdivision, the
commissioner of public safety may, however, issue a special
motorcycle permit, restricted or qualified in such manner as the
commissioner of public safety shall deem proper, to any person
demonstrating a need therefor and unable to qualify for a
standard driver's license.
Sec. 32. Minnesota Statutes 1996, section 171.06,
subdivision 2a, is amended to read:
Subd. 2a. [TWO-WHEELED VEHICLE ENDORSEMENT FEE
INCREASED.] (a) The fee for any duplicate drivers driver's
license which is obtained for the purpose of adding a
two-wheeled vehicle endorsement is increased by $16 $18.50 for
each first such duplicate license and $13 for each renewal
thereof. The additional fee shall be paid into the state
treasury and credited as follows:
(1) $8.50 $11 of the additional fee for each first
duplicate license, and $7 of the additional fee for each
renewal, must be credited to the motorcycle safety fund which is
hereby created; provided that any fee receipts in excess of
$750,000 in a fiscal year shall be credited 90 percent to the
trunk highway fund and ten percent to the general fund, as
provided in section 171.26.
(2) The remainder of the additional fee must be credited to
the general fund.
(b) All application forms prepared by the commissioner for
two-wheeled vehicle endorsements shall clearly contain the
information that state the amount of the total fee charged for
the endorsement, $7 that is dedicated to the motorcycle safety
fund.
Sec. 33. Minnesota Statutes 1996, section 171.13,
subdivision 5, is amended to read:
Subd. 5. [EXAMINATION FEE FOR VEHICLE ENDORSEMENT.] Any
person applying to secure a motorcycle, school bus, tank
vehicle, passenger, double-trailer or triple-trailer, or
hazardous materials vehicle endorsement on the person's driver's
license shall pay a $2.50 examination fee at the place of
application.
Sec. 34. Minnesota Statutes 1996, section 171.13, is
amended by adding a subdivision to read:
Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEES.] A person
applying for an initial motorcycle endorsement on a driver's
license shall pay at the place of examination a total fee of
$21, which includes the examination fee and endorsement fee, but
does not include the fee for a duplicate driver's license
prescribed in section 171.06, subdivision 2. Of this amount,
$11 must be credited as provided in section 171.06, subdivision
2a, paragraph (a), clause (1), $2.50 must be credited to the
trunk highway fund, and the remainder must be credited to the
general fund.
Sec. 35. Minnesota Statutes 1996, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169.121 or 169.123, shall pay a $30 fee before the
driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $250 fee plus a $10 surcharge before the driver's license
is reinstated. The $250 fee is to be credited as follows:
(1) Twenty percent shall be credited to the trunk highway
fund.
(2) Fifty-five percent shall be credited to the general
fund.
(3) Eight percent shall be credited to a separate account
to be known as the bureau of criminal apprehension account.
Money in this account may be appropriated to the commissioner of
public safety and the appropriated amount shall be apportioned
80 percent for laboratory costs and 20 percent for carrying out
the provisions of section 299C.065.
(4) Twelve percent shall be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account may be is appropriated as follows:
(i) The first $200,000 in a fiscal year is to the
commissioner of children, families, and learning for programs in
elementary and secondary schools.
(ii) The remainder credited in a fiscal year is
appropriated to the commissioner of transportation to be spent
as grants to the Minnesota highway safety center at St. Cloud
State University for programs relating to alcohol and highway
safety education in elementary and secondary schools.
(5) Five percent shall be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. $100,000 is annually appropriated from the account to
the commissioner of human services for traumatic brain injury
case management services. The remaining money in the account is
annually appropriated to the commissioner of health to establish
and maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662 and to reimburse the
commissioner of economic security for the reasonable cost of
services provided under section 268A.03, clause (o).
(c) The $10 surcharge shall be credited to a separate
account to be known as the remote electronic alcohol monitoring
pilot program account. Up to $250,000 is annually appropriated
from this account to the commissioner of corrections for a
remote electronic alcohol monitoring pilot program. The
unencumbered balance remaining in the first year of the biennium
does not cancel but is available for the second year.
Sec. 36. Minnesota Statutes 1996, section 173.13,
subdivision 4, is amended to read:
Subd. 4. [FEES.] The annual fee for each such permit or
renewal thereof shall be as follows:
(1) If the advertising area of the advertising device does
not exceed 50 square feet, the fee shall be $25 $30.
(2) If the advertising area exceeds 50 square feet but does
not exceed 300 square feet, the fee shall be $50 $60.
(3) If the advertising area exceeds 300 square feet, the
fee shall be $100 $120.
(4) No fee shall be charged for a permit for official signs
and notices as they are defined in section 173.02, except that a
fee may be charged for a star city sign erected under section
173.085.
Sec. 37. Minnesota Statutes 1996, section 174.03, is
amended by adding a subdivision to read:
Subd. 6a. [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.]
If the commissioner considers congestion pricing, tolls, mileage
pricing, or public-private partnerships in order to meet the
transportation needs of commuters in the department's
metropolitan district between 2001 and 2020, the commissioner
shall, in cooperation with the metropolitan council and the
regional railroad authorities in the district, compare the
economics of these financing methods with the economics of
nonhighway alternatives for moving commuters. The commissioner
shall analyze the economics as they relate to both individuals
and to the transportation system.
Sec. 38. Minnesota Statutes 1996, section 221.84,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] "Limousine service" means a
service that:
(1) is not provided on a regular route;
(2) is provided in an unmarked a luxury passenger
automobile that is not a van or station wagon and has a seating
capacity of not more than 12 persons, excluding the driver;
(3) provides only prearranged pickup; and
(4) charges more than a taxicab fare for a comparable trip.
Sec. 39. Minnesota Statutes 1996, section 296.16,
subdivision 1, is amended to read:
Subdivision 1. [INTENT; GASOLINE USE.] All gasoline
received in this state and all gasoline produced in or brought
into this state except aviation gasoline and marine gasoline
shall be determined to be intended for use in motor vehicles in
this state.
Approximately 1-1/2 percent of all gasoline received in
this state and 1-1/2 percent of all gasoline produced or brought
into this state, except gasoline used for aviation purposes, is
being used as fuel for the operation of motorboats on the waters
of this state and of the total revenue derived from the
imposition of the gasoline fuel tax for uses other than for
aviation purposes, 1-1/2 percent of such revenues is the amount
of tax on fuel used in motorboats operated on the waters of this
state.
Approximately three-fourths of one percent in fiscal years
1998 and 1999, and three-fourths of one percent thereafter, of
all gasoline received in and produced or brought into this
state, except gasoline used for aviation purposes, is being used
as fuel for the operation of snowmobiles in this state, and of
the total revenue derived from the imposition of the gasoline
fuel tax for uses other than for aviation
purposes, three-fourths of one percent in fiscal years 1998 and
1999, and three-fourths of one percent thereafter, of such
revenues is the amount of tax on fuel used in snowmobiles
operated in this state.
Approximately 0.15 of one percent of all gasoline received
in or produced or brought into this state, except gasoline used
for aviation purposes, is being used for the operation of
all-terrain vehicles in this state, and of the total revenue
derived from the imposition of the gasoline fuel tax, 0.15 of
one percent is the amount of tax on fuel used in all-terrain
vehicles operated in this state.
Approximately 0.046 of one percent of all gasoline received
or produced in or brought into this state, except gasoline used
for aviation purposes, is being used for the operation of
off-highway motorcycles in this state, and of the total revenue
derived from the imposition of the gasoline fuel tax for uses
other than for aviation purposes, 0.046 of one percent is the
amount of tax on fuel used in off-highway motorcycles operated
in this state.
Approximately .164 of one percent of all gasoline received
or produced in or brought into this state, except gasoline used
for aviation purposes, is being used for the off-road operation
of off-road vehicles, as defined in section 84.797, in this
state, and of the total revenue derived from the imposition of
the gasoline fuel tax for uses other than aviation purposes,
.164 of one percent is the amount of tax on fuel used for
off-road operation of off-road vehicles in this state.
Sec. 40. Minnesota Statutes 1996, 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-half of the
vest's purchase price or $300, as adjusted according to
subdivision 2a. The political subdivision that employs the
peace officer shall pay at least the lesser of one-half of the
vest's purchase price or $300, as adjusted according to
subdivision 2a. 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. 41. Minnesota Statutes 1996, section 299A.38, is
amended by adding a subdivision to read:
Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October
1, 1997, the commissioner of public safety shall adjust the $300
reimbursement amounts specified in subdivision 2, and in each
subsequent year, on October 1, the commissioner shall adjust the
reimbursement amount applicable immediately preceding that
October 1 date. The adjusted rate must 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 the preceding June 1.
Sec. 42. [299A.70] [PUBLIC SAFETY MOTOR VEHICLE ACCOUNT.]
The public safety motor vehicle account is created in the
special revenue fund, consisting of the fees collected under
section 168A.29, subdivision 1, paragraph (b). Money in the
account is annually appropriated to the commissioner for
purchasing and equipping department vehicles.
Sec. 43. Minnesota Statutes 1996, section 299C.10,
subdivision 4, is amended to read:
Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT;
APPROPRIATION.] The superintendent shall collect a fee in an
amount to cover the expense for each background check provided
for a purpose not directly related to the criminal justice
system or required by section 624.7131, 624.7132, or 624.714.
The proceeds of the fee must be deposited in a special account.
Until July 1, 1997, Money in the account is appropriated to the
commissioner to maintain and improve the quality of the criminal
record system in Minnesota.
Sec. 44. Minnesota Statutes 1996, section 299C.46, is
amended by adding a subdivision to read:
Subd. 2a. [NONCRIMINAL JUSTICE AGENCY DEFINED.] For the
purposes of sections 299C.46 to 299C.49, "noncriminal justice
agency" means an agency of a state or an agency of a political
subdivision of a state charged with the responsibility of
performing checks of state databases connected to the criminal
justice data communications network.
Sec. 45. Minnesota Statutes 1996, section 299C.46,
subdivision 3, is amended to read:
Subd. 3. [AUTHORIZED USE, FEE.] (a) The criminal justice
data communications network shall be used exclusively by:
(1) criminal justice agencies in connection with the
performance of duties required by law;
(2) agencies investigating federal security clearances of
individuals for assignment or retention in federal employment
with duties related to national security, as required by Public
Law Number 99-1691; and
(3) other agencies to the extent necessary to provide for
protection of the public or property in an emergency or disaster
situation.; and
(4) noncriminal justice agencies statutorily mandated, by
state or national law, to conduct checks into state databases
prior to disbursing licenses or providing benefits.
(b) The commissioner of public safety shall establish a
monthly network access charge to be paid by each participating
criminal justice agency. The network access charge shall be a
standard fee established for each terminal, computer, or other
equipment directly addressable by the criminal justice data
communications network, as follows: January 1, 1984 to December
31, 1984, $40 connect fee per month; January 1, 1985 and
thereafter, $50 connect fee per month.
(c) The commissioner of public safety is authorized to
arrange for the connection of the data communications network
with the criminal justice information system of the federal
government, any adjacent state, or Canada.
Sec. 46. [360.0151] [AIR SERVICE MARKETING PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of
transportation shall establish an air service marketing program
to encourage the preservation and expansion of scheduled
passenger air carrier service to greater Minnesota. The
commissioner may spend funds appropriated from the state
airports fund for (1) air service marketing grants and (2)
conducting statewide studies to determine the feasibility of air
service initiatives. The commissioner may develop a single,
recognizable statewide marketing program to increase visibility
of and ridership at airports with scheduled air carrier service.
Subd. 2. [GRANTS AUTHORIZED.] (a) The commissioner may
make air service marketing grants to political subdivisions that
own and operate airports designated by order of the commissioner
as key airports. The commissioner shall make a project
agreement with each political subdivision receiving a grant
under this section that provides for:
(1) a detailed description of the project for which the
grant is provided;
(2) a schedule of the project; and
(3) the division of costs of the project between the state
and the recipient.
(b) Payments by the commissioner under a project agreement
may only be made to reimburse local costs already incurred.
Subd. 3. [USES OF GRANT.] (a) Costs for the following
activities related to commercial passenger air service at the
recipient's airport are eligible for reimbursement under this
section:
(1) advertising of service;
(2) public relations activities intended to educate the
public on the value of the airport and its commercial passenger
air service;
(3) marketing studies; or
(4) service improvement activities such as route analysis,
service studies, and other activities intended to preserve or
increase service from an existing or new-entry air carrier.
(b) A grant under this section may not be used for:
(1) an activity that promotes an airport within the service
area of another airport;
(2) a promotional activity that features one specific air
carrier at an airport when more than one air carrier serves the
airport;
(3) administrative costs associated with the marketing
program or with the routine operation of the airport; or
(4) payments to air carriers as fare subsidies, service
subsidies, or seat guarantees.
Sec. 47. Minnesota Statutes 1996, section 360.017,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; AUTHORIZED DISBURSEMENTS.] (a)
There is hereby created a fund to be known as the state airports
fund. The fund shall consist of all money appropriated to it,
or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on
authorization of the commissioner and shall be used:
(1) to acquire, construct, improve, maintain, and operate
airports and other air navigation facilities and;
(2) to assist municipalities in the acquisition,
construction, improvement, and maintenance of airports and other
air navigation facilities. The fund may also be used;
(3) to assist municipalities to initiate, enhance, and
market scheduled air service at their airports;
(4) to promote interest and safety in aeronautics through
education and information.; and
(5) to pay the salaries and expenses in of the department
of transportation related to aeronautic planning,
administration, and operation shall be paid from the state
airports fund. All allotments of money from the state airports
fund for salaries and expenses shall be approved by the
commissioner of finance.
Sec. 48. Minnesota Statutes 1996, section 457A.04,
subdivision 2, is amended to read:
Subd. 2. [COSTS.] An assistance agreement must specify
those project costs which may be paid in whole or in part with
assistance from the commissioner. Assistance agreements may
provide that only the following costs may be so paid:
(1) final engineering costs on a commercial navigation
facility project;
(2) capital improvements to a commercial navigation
facility; and
(3) costs of dredging necessary to open a new commercial
navigation facility project, to provide access to on-shore
facilities from existing channels, to provide for fleeting
operations, and for disposal of dredged material.
The following costs may not be paid with assistance from
the commissioner:
(1) the applicant's administrative, insurance, and legal
costs;
(2) costs of acquiring project permits;
(3) costs of preparing environmental documents, feasibility
studies, or project designs;
(4) interest on money borrowed by the applicant or charged
to the applicant for late payment of project costs;
(5) any costs related to the routine maintenance, repair,
or operation of a commercial navigation facility; and
(6) costs of dredging to maintain an existing channel; and
(7) costs for a project that involves only dredging.
Sec. 49. Minnesota Statutes 1996, section 473.408,
subdivision 7, is amended to read:
Subd. 7. [EMPLOYEE PLAN DISCOUNT PASSES.] The council may
offer monthly passes for regular route bus service for sale to
employers at a special discount subject to the provisions of
this subdivision. An employer may be eligible to purchase
passes at a special discount if the employer agrees to establish
a payroll deduction plan as a means for its employees to
purchase the passes at a price at or below the amount charged by
the council. The special discount on passes sold pursuant to
this subdivision shall be determined by the council.
Sec. 50. Minnesota Statutes 1996, section 473.446,
subdivision 1a, is amended to read:
Subd. 1a. [TAXATION WITHIN TRANSIT AREA.] For the purposes
of sections 473.405 to 473.449, and the metropolitan transit
system, the metropolitan council shall levy upon all taxable
property within the metropolitan transit area but outside of the
metropolitan transit taxing district, defined in subdivision 2,
a transit tax, which shall be equal to ten percent of the sum of
the levies provided in subdivision 1, clauses (a) to (c). The
proceeds of this tax shall be used only for paratransit services
or ride sharing programs designed to serve persons located
within the transit area but outside of the transit taxing
district.
The regional transit board shall annually determine which
cities and towns qualify for the 0.510 or 0.765 tax capacity
rate reduction and certify this list to the county auditor on or
before September 15. No changes shall be made to the list after
September 15 of the same levy year.
Sec. 51. [COMMUTER RAIL SERVICE STUDY.]
Subdivision 1. [STUDY.] The commissioner of
transportation, through the division of railroads and waterways,
shall conduct a study of the potential of utilizing freight rail
corridors in the Twin Cities metropolitan area for commuter rail
service. The commissioner shall perform the study in
coordination with the metropolitan council and metropolitan
regional rail authorities and shall consider, among other
things, the positive and negative effects of commuter rail
service on surrounding neighborhoods.
Subd. 2. [REPORT.] The commissioner shall report the
findings and recommendations of the study to the governor and
legislature by January 15, 1998, and February 1, 1999. If in
the report required by January 15, 1998, the commissioner
identifies one or more rail corridors that have potential for a
commuter rail demonstration project, the commissioner, alone or
in cooperation with the metropolitan council and one or more
metropolitan regional rail authorities, may propose legislation
to the 1998 legislative session that provides for acquisition or
lease of the corridors, improvements necessary for their use for
commuter rail purposes, acquisition of commuter rail rolling
stock, and operation of commuter rail services.
Subd. 3. [REGIONAL RAIL AUTHORITIES.] Nothing in this
section may be construed to prohibit or restrict a regional rail
authority in the performance of any duty or exercise of any
power under Minnesota Statutes, chapter 398A.
Sec. 52. [RAILROAD SERVICE PRESERVATION.]
No state or local agency or political subdivision may take
any action that would have the effect of precluding the use for
commuter rail service of any rail line that is providing rail
service within the seven-county metropolitan area on the
effective date of this section.
Sec. 53. [REPEALER.]
Minnesota Statutes 1996, section 299D.10, is repealed.
Sec. 54. [APPLICATION.]
Sections 49 and 50 apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 55. [EFFECTIVE DATES.]
(a) All provisions of this act that appropriate money for
fiscal year 1997 are effective the day following final enactment.
(b) Sections 2, 3, 9, 10, 46, 49, and 52 are effective the
day following final enactment.
(c) Sections 19, 20, 21, 23 to 28, and 30 are effective
August 1, 1997, and apply to violations committed on and after
that date.
Presented to the governor May 15, 1997
Signed by the governor May 16, 1997, 2:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes