Minnesota Legislature
HF 1140A
Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 01/15/2013 08:26pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1140
1.3relating to government finance; appropriating money for transportation,
1.4Metropolitan Council, and public safety activities and programs; providing for
1.5fund transfers and tort claims; authorizing an account and certain contingent
1.6appropriations; providing for use of revenues from metropolitan transportation
1.7area sales tax; reducing funding for 2010 state road construction; authorizing
1.8temporary transfers from metropolitan livable communities fund accounts,
1.9right-of-way loan acquisition fund for transit operating deficits, and Metropolitan
1.10Council operating budget; establishing direct appropriation from transit
1.11assistance fund; establishing an account; modifying various provisions related
1.12to transportation finance and policy; modifying provisions related to licensing
1.13drivers; mandating and amending legislative reports; making technical and
1.14clarifying changes;amending Minnesota Statutes 2010, sections 16A.11,
1.15subdivision 3a; 16A.86, subdivision 3a; 16A.88; 162.06, subdivision 1; 162.12,
1.16subdivision 1; 168.12, subdivision 5; 171.06, subdivision 2; 171.0701; 171.13,
1.17subdivision 1, by adding a subdivision; 174.93; 297A.992, subdivision 5, by
1.18adding a subdivision; Laws 2009, chapter 36, article 1, section 3, subdivision 3;
1.19proposing coding for new law in Minnesota Statutes, chapter 171.
1.20May 16, 2011
1.21The Honorable Kurt Zellers
1.22Speaker of the House of Representatives
1.23The Honorable Michelle L. Fischbach
1.24President of the Senate
1.25We, the undersigned conferees for H. F. No. 1140 report that we have agreed upon
1.26the items in dispute and recommend as follows:
1.27That the Senate recede from its amendments and that H. F. No. 1140 be further
1.28amended as follows:
1.29Delete everything after the enacting clause and insert:
1.33The amounts shown in this section summarize direct appropriations, by fund, made
1.34in this article.
2.11The sums shown in the columns marked "Appropriations" are appropriated to
2.12the agencies and for the purposes specified in this article. The appropriations are from
2.13the trunk highway fund, or another named fund, and are available for the fiscal years
2.14indicated for each purpose. The figures "2012" and "2013" used in this article mean that
2.15the appropriations listed under them are available for the fiscal year ending June 30, 2012,
2.16or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is
2.17fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
2.18fiscal year ending June 30, 2011, are effective the day following final enactment.
2.33The amounts that may be spent for each
2.34purpose are specified in the following
2.35subdivisions.
3.1(a) Aeronautics
3.3This appropriation is from the state
3.4airports fund and must be spent according
3.5to Minnesota Statutes, section 360.305,
3.6subdivision 4.
3.7The base appropriation for fiscal years 2014
3.8and 2015 is $14,298,000 for each year.
3.9Notwithstanding Minnesota Statutes, section
3.1016A.28, subdivision 6, this appropriation is
3.11available for five years after appropriation.
3.12If the appropriation for either year is
3.13insufficient, the appropriation for the other
3.14year is available for it.
3.15If the commissioner of transportation
3.16determines that a balance remains in
3.17the state airports fund following the
3.18appropriations made in this article, and that
3.19the appropriations made are insufficient
3.20for advancing airport development and
3.21assistance projects, an amount necessary
3.22to advance the projects, not to exceed
3.23the balance in the state airports fund, is
3.24appropriated in each year to the commissioner
3.25and must be spent according to Minnesota
3.26Statutes, section 360.305, subdivision
3.274. Within two weeks of a determination
3.28under this contingent appropriation, the
3.29commissioner of transportation shall notify
3.30the commissioner of management and budget
3.31and the chairs and ranking minority members
3.32of the legislative committees with jurisdiction
3.33over transportation finance concerning funds
3.34appropriated. Funds appropriated under this
3.35contingent appropriation do not adjust the
4.1base appropriation for fiscal years 2014 and
4.22015.
4.7$65,000 in each year is from the state airports
4.8fund for the Civil Air Patrol.
4.13The base appropriation from the general
4.14fund is $12,563,000 for fiscal year 2014 and
4.15$12,482,000 for fiscal year 2015.
4.16The amount used in each year as operating
4.17assistance for public transit systems for
4.18elderly and disabled service must not be
4.19less than the amount used in 2011 for that
4.20purpose.
4.21$100,000 in each year is from the general
4.22fund for the administrative expenses of the
4.23Minnesota Council on Transportation Access
4.24under Minnesota Statutes, section 174.285.
4.32Of these appropriations, $130,000 in each
4.33year is for administrative costs of the
5.1targeted group business program, if a law
5.2is enacted and effective in 2012 and 2013
5.3that establishes a targeted group business
5.4program for state highway construction
5.5contracts.
5.6$266,000 in each year is available for grants
5.7to metropolitan planning organizations
5.8outside the seven-county metropolitan area.
5.9$75,000 in each year is available for a
5.10transportation research contingent account
5.11to finance research projects that are
5.12reimbursable from the federal government or
5.13from other sources. If the appropriation for
5.14either year is insufficient, the appropriation
5.15for the other year is available for it.
5.16$600,000 in each year is available for
5.17grants for transportation studies outside
5.18the metropolitan area to identify critical
5.19concerns, problems, and issues. These
5.20grants are available: (1) to regional
5.21development commissions; (2) in regions
5.22where no regional development commission
5.23is functioning, to joint powers boards
5.24established under agreement of two or
5.25more political subdivisions in the region to
5.26exercise the planning functions of a regional
5.27development commission; and (3) in regions
5.28where no regional development commission
5.29or joint powers board is functioning, to the
5.30department's district office for that region.
5.32It is estimated that these appropriations will
5.33be funded as follows:
6.5The commissioner of transportation shall
6.6notify the chairs and ranking minority
6.7members of the legislative committees with
6.8jurisdiction over transportation finance of
6.9any significant events that should cause these
6.10estimates to change.
6.11This appropriation is for the actual
6.12construction, reconstruction, and
6.13improvement of trunk highways, including
6.14design-build contracts and consultant usage
6.15to support these activities. This includes the
6.16cost of actual payment to landowners for
6.17lands acquired for highway rights-of-way,
6.18payment to lessees, interest subsidies, and
6.19relocation expenses.
6.20The base appropriation for fiscal years 2014
6.21and 2015 is $635,000,000 for each year.
6.22The commissioner may transfer up to
6.23$20,000,000 in the first year from the
6.24trunk highway fund to the trunk highway
6.25economic development account established
6.26under Minnesota Statutes, section 161.04,
6.27subdivision 6.
6.28The commissioner may expend up to one-half
6.29of one percent of the federal appropriations
6.30under this paragraph as grants to opportunity
6.31industrialization centers and other nonprofit
6.32job training centers for job training programs
6.33related to highway construction.
7.1The commissioner may transfer up to
7.2$15,000,000 each year to the transportation
7.3revolving loan fund.
7.4The commissioner may receive money
7.5covering other shares of the cost of
7.6partnership projects. These receipts are
7.7appropriated to the commissioner for these
7.8projects.
7.10$123,876,000 the first year and $144,247,000
7.11the second year are for transfer to the state
7.12bond fund. If an appropriation is insufficient
7.13to make all transfers required in the year
7.14for which it is made, the commissioner of
7.15management and budget shall notify the
7.16Committee on Finance of the senate and
7.17the Committee on Ways and Means of the
7.18house of representatives of the amount of the
7.19deficiency and shall then transfer that amount
7.20under the statutory open appropriation. Any
7.21excess appropriation cancels to the trunk
7.22highway fund.
7.27The general fund appropriation is to equip
7.28and operate the Roosevelt signal tower for
7.29Lake of the Woods weather broadcasting.
7.32This appropriation is from the county
7.33state-aid highway fund under Minnesota
7.34Statutes, sections 161.082 to 161.085; and
8.1Minnesota Statutes, chapter 162. This
8.2appropriation is available until spent.
8.3If the commissioner of transportation
8.4determines that a balance remains in the
8.5county state-aid highway fund following
8.6the appropriations and transfers made in
8.7this subdivision, and that the appropriations
8.8made are insufficient for advancing county
8.9state-aid highway projects, an amount
8.10necessary to advance the projects, not to
8.11exceed the balance in the county state-aid
8.12highway fund, is appropriated in each year
8.13to the commissioner. Within two weeks
8.14of a determination under this contingent
8.15appropriation, the commissioner of
8.16transportation shall notify the commissioner
8.17of management and budget and the chairs
8.18and ranking minority members of the
8.19legislative committees with jurisdiction over
8.20transportation finance concerning funds
8.21appropriated.
8.23This appropriation is from the municipal
8.24state-aid street fund for municipal state-aid
8.25streets under Minnesota Statutes, chapter
8.26162. This appropriation is available until
8.27spent.
8.28If the commissioner of transportation
8.29determines that a balance remains in the
8.30municipal state-aid street fund following
8.31the appropriations made in this subdivision,
8.32and that the appropriations made are
8.33insufficient for advancing municipal state-aid
8.34street projects, an amount necessary to
8.35advance the projects, not to exceed the
9.1balance in the municipal state-aid street
9.2fund, is appropriated in each year to
9.3the commissioner. Within two weeks
9.4of a determination under this contingent
9.5appropriation, the commissioner of
9.6transportation shall notify the commissioner
9.7of management and budget and the chairs
9.8and ranking minority members of the
9.9legislative committees with jurisdiction over
9.10transportation finance concerning funds
9.11appropriated.
9.21If the appropriation for either year is
9.22insufficient, the appropriation for the other
9.23year is available for it.
9.25(a) With the approval of the commissioner of
9.26management and budget, the commissioner
9.27of transportation may transfer unencumbered
9.28balances among the appropriations from the
9.29trunk highway fund and the state airports
9.30fund made in this section. No transfer
9.31may be made from the appropriations for
9.32state road construction or for debt service.
9.33Transfers under this paragraph may not be
9.34made between funds. Transfers under this
10.1paragraph must be reported immediately to
10.2the chairs and ranking minority members of
10.3the legislative committees with jurisdiction
10.4over transportation finance.
10.5(b) The commissioner shall transfer from
10.6the flexible highway account in the county
10.7state-aid highway fund: (1) $1,000,000
10.8in the first year to the municipal turnback
10.9account in the municipal state-aid street
10.10fund; (2) $1,900,000 in the first year to the
10.11trunk highway fund; and (3) the remainder
10.12in each year to the county turnback account
10.13in the county state-aid highway fund. The
10.14funds transferred are for highway turnback
10.15purposes as provided under Minnesota
10.16Statutes, section 161.081, subdivision 3.
10.19Any money appropriated to the commissioner
10.20of transportation for state road construction
10.21for any fiscal year before the first year is
10.22available to the commissioner during the
10.23biennium to the extent that the commissioner
10.24spends the money on the state road
10.25construction project for which the money
10.26was originally encumbered during the fiscal
10.27year for which it was appropriated. The
10.28commissioner of transportation shall report to
10.29the commissioner of management and budget
10.30by August 1, 2011, and August 1, 2012, on
10.31a form the commissioner of management
10.32and budget provides, on expenditures made
10.33during the previous fiscal year that are
10.34authorized by this subdivision.
11.1The commissioner of transportation, with
11.2the approval of the governor and the
11.3written approval of at least five members
11.4of a group consisting of the members of
11.5the Legislative Advisory Commission
11.6under Minnesota Statutes, section 3.30,
11.7and the ranking minority members of the
11.8legislative committees with jurisdiction over
11.9transportation finance, may transfer all or
11.10part of the unappropriated balance in the
11.11trunk highway fund to an appropriation:
11.12(1) for trunk highway design, construction,
11.13or inspection in order to take advantage of
11.14an unanticipated receipt of income to the
11.15trunk highway fund or to take advantage
11.16of federal advanced construction funding;
11.17(2) for trunk highway maintenance in order
11.18to meet an emergency; or (3) to pay tort
11.19or environmental claims. Nothing in this
11.20subdivision authorizes the commissioner
11.21to increase the use of federal advanced
11.22construction funding beyond amounts
11.23specifically authorized. Any transfer as
11.24a result of the use of federal advanced
11.25construction funding must include an
11.26analysis of the effects on the long-term
11.27trunk highway fund balance. The amount
11.28transferred is appropriated for the purpose of
11.29the account to which it is transferred.
11.31No transfer or expenditure of trunk highway
11.32funds may be made for the purpose of paying
11.33personnel costs incurred on behalf of the
11.34Governor's Office.
12.1This appropriation is from the general
12.2fund for transit system operations under
12.3Minnesota Statutes, sections 473.371 to
12.4473.449.
12.5Of this appropriation, $140,000 in each
12.6fiscal year is for transit service for disabled
12.7veterans under Minnesota Statutes, section
12.8473.408, subdivision 10.
12.9The base appropriation is $39,248,000 for
12.10fiscal year 2014 and $39,329,000 for fiscal
12.11year 2015.
12.12The Metropolitan Council shall deploy
12.13the following strategies as necessary to
12.14avoid transit service reductions and route
12.15elimination, in the order stated:
12.16(1) use the maximum feasible amount of
12.17the council's reserve funds for bus transit
12.18operations in fiscal years 2012 and 2013;
12.19(2) exercise the authority granted to the
12.20council in article 2, sections 3 to 5;
12.21(3) increase fares; and
12.22(4) if the strategies under clauses (1) to
12.23(3) have been deployed, perform service
12.24reductions or route eliminations except as
12.25otherwise prohibited under this section.
12.26The Metropolitan Council may not reduce
12.27the level of service provided in the biennium
12.28for special transportation service under
12.29Minnesota Statutes, section 473.386, from
12.30the level of service provided by the council
12.31on January 1, 2011. The Metropolitan
12.32Council may not restrict eligibility in the
12.33biennium for special transportation service
12.34under Minnesota Statutes, section 473.386,
13.1beyond the eligibility requirements in place
13.2on January 1, 2011. Level of service includes,
13.3but is not limited to, geographic coverage
13.4area, hours of service, hours of operation for
13.5reservation services, and any other aspects of
13.6the program having a substantial impact on
13.7usability of the service.
13.8Notwithstanding Minnesota Statutes, section
13.9473.388, subdivision 4, in each year of the
13.10biennium, the Metropolitan Council shall
13.11provide financial assistance to each transit
13.12provider under Minnesota Statutes, section
13.13473.388, in an amount equal to the amount of
13.14assistance provided to that transit provider by
13.15the Metropolitan Council in fiscal year 2011.
13.24The amounts that may be spent for each
13.25purpose are specified in the following
13.26subdivisions.
14.3$380,000 in each year is from the general
14.4fund for payment of public safety officer
14.5survivor benefits under Minnesota Statutes,
14.6section 299A.44. If the appropriation for
14.7either year is insufficient, the appropriation
14.8for the other year is available for it.
14.9$1,367,000 in each year is from the general
14.10fund to be deposited in the public safety
14.11officer's benefit account. This money
14.12is available for reimbursements under
14.13Minnesota Statutes, section299A.465 .
14.14$508,000 in each year is from the general
14.15fund for soft body armor reimbursements
14.16under Minnesota Statutes, section299A.38 .
14.17$792,000 in each year is from the general
14.18fund for transfer by the commissioner of
14.19management and budget to the trunk highway
14.20fund on December 31, 2011, and December
14.2131, 2012, respectively, in order to reimburse
14.22the trunk highway fund for expenses not
14.23related to the fund. These represent amounts
14.24appropriated out of the trunk highway
14.25fund for general fund purposes in the
14.26administration and related services program.
14.27$610,000 in each year is from the highway
14.28user tax distribution fund for transfer by the
14.29commissioner of management and budget
14.30to the trunk highway fund on December 31,
14.312011, and December 31, 2012, respectively,
14.32in order to reimburse the trunk highway
14.33fund for expenses not related to the fund.
14.34These represent amounts appropriated out
15.1of the trunk highway fund for highway
15.2user tax distribution fund purposes in the
15.3administration and related services program.
15.4$716,000 in each year is from the highway
15.5user tax distribution fund for transfer by the
15.6commissioner of management and budget to
15.7the general fund on December 31, 2011, and
15.8December 31, 2012, respectively, in order to
15.9reimburse the general fund for expenses not
15.10related to the fund. These represent amounts
15.11appropriated out of the general fund for
15.12operation of the criminal justice data network
15.13related to driver and motor vehicle licensing.
15.26$600,000 in each year is for the Office of
15.27Pupil Transportation Safety under Minnesota
15.28Statutes, section 169.435.
15.30This appropriation is from the general fund.
15.31The commissioner may not: (1) spend
15.32any money from the trunk highway fund
15.33for capitol security; or (2) permanently
16.1transfer any state trooper from the patrolling
16.2highways activity to capitol security.
16.3The commissioner may not transfer any
16.4money appropriated to the commissioner
16.5under this section: (1) to capitol security; or
16.6(2) from capitol security.
16.8This appropriation is from the highway user
16.9tax distribution fund.
16.10This appropriation is to investigate: (1)
16.11registration tax and motor vehicle sales tax
16.12liabilities from individuals and businesses
16.13that currently do not pay all taxes owed;
16.14and (2) illegal or improper activity related
16.15to sale, transfer, titling, and registration of
16.16motor vehicles.
16.22The special revenue fund appropriation is
16.23from the vehicle services operating account.
16.28The special revenue fund appropriation is
16.29from the driver services operating account.
16.31The commissioner of public safety shall
16.32spend 50 percent of the money available to
16.33the state under United States Code, title 23,
17.1section 164, and the remaining 50 percent
17.2must be transferred to the commissioner
17.3of transportation for hazard elimination
17.4activities under United States Code, title 23,
17.5section 152.
17.7This appropriation is from the pipeline safety
17.8account in the special revenue fund.
17.10No transfer or expenditure of trunk highway
17.11funds may be made for the purpose of paying
17.12personnel costs incurred on behalf of the
17.13Governor's Office.
17.15This appropriation is to the commissioner of
17.16management and budget.
17.17If the appropriation for either year is
17.18insufficient, the appropriation for the other
17.19year is available for it.
17.20 Sec. 7. Laws 2009, chapter 36, article 1, section 3, subdivision 3, as amended by Laws
17.212010, chapter 351, section 66, is amended to read:
17.24The base appropriation for fiscal years 2012
17.25and 2013 is $257,395,000 for each year.
17.28The base appropriation for fiscal years 2012
17.29and 2013 is $205,988,000 for each year.
18.1$266,000 the first year and $266,000 the
18.2second year are available for grants to
18.3metropolitan planning organizations outside
18.4the seven-county metropolitan area.
18.5$75,000 the first year and $75,000 the
18.6second year are for a transportation research
18.7contingent account to finance research
18.8projects that are reimbursable from the
18.9federal government or from other sources.
18.10If the appropriation for either year is
18.11insufficient, the appropriation for the other
18.12year is available for it.
18.13$600,000 the first year and $600,000
18.14the second year are available for grants
18.15for transportation studies outside the
18.16metropolitan area to identify critical
18.17concerns, problems, and issues. These
18.18grants are available (1) to regional
18.19development commissions; (2) in regions
18.20where no regional development commission
18.21is functioning, to joint powers boards
18.22established under agreement of two or
18.23more political subdivisions in the region to
18.24exercise the planning functions of a regional
18.25development commission; and (3) in regions
18.26where no regional development commission
18.27or joint powers board is functioning, to the
18.28department's district office for that region.
18.29$200,000 the second year is for grants
18.30to nonprofit job training centers for: (1)
18.31job training programs related to highway
18.32construction; and (2) business training for
18.33companies that are certified disadvantaged
18.34business enterprises.
19.3The base appropriation for fiscal years 2012
19.4and 2013 is $635,000,000 for each year.
19.5It is estimated that these appropriations will
19.6be funded as follows:
19.11The commissioner of transportation shall
19.12notify the chairs and ranking minority
19.13members of the senate and house of
19.14representatives committees with jurisdiction
19.15over transportation finance of any significant
19.16events that should cause these estimates to
19.17change.
19.18This appropriation is for the actual
19.19construction, reconstruction, and
19.20improvement of trunk highways, including
19.21design-build contracts and consultant usage
19.22to support these activities. This includes the
19.23cost of actual payment to landowners for
19.24lands acquired for highway rights-of-way,
19.25payment to lessees, interest subsidies, and
19.26relocation expenses.
19.27The commissioner may spend up to $250,000
19.28of trunk highway funds in fiscal year 2011
19.29to pay the operating costs of bus service
19.30between Hastings and Minneapolis-St. Paul
19.31to mitigate the traffic impacts of the project
19.32involving construction of a bridge crossing
19.33the Mississippi River in the city of Hastings
19.34on marked Trunk Highway 61.
20.1The commissioner shall expend up to
20.2one-half of one percent of the federal
20.3appropriations under this paragraph as grants
20.4to opportunity industrialization centers and
20.5other nonprofit job training centers for
20.6job training programs related to highway
20.7construction.
20.8The commissioner may transfer up to
20.9$15,000,000 each year to the transportation
20.10revolving loan fund.
20.11The commissioner may receive money
20.12covering other shares of the cost of
20.13partnership projects. These receipts are
20.14appropriated to the commissioner for these
20.15projects.
20.17$86,517,000 the first year and $157,304,000
20.18the second year are for transfer to the state
20.19bond fund. If this appropriation is insufficient
20.20to make all transfers required in the year for
20.21which it is made, the commissioner of finance
20.22shall notify the Committee on Finance of
20.23the senate and the Committee on Ways and
20.24Means of the house of representatives of
20.25the amount of the deficiency and shall then
20.26transfer that amount under the statutory open
20.27appropriation. Any excess appropriation
20.28cancels to the trunk highway fund.
21.1The general fund appropriation is to equip
21.2and operate the Roosevelt signal tower for
21.3Lake of the Woods weather broadcasting.
21.4EFFECTIVE DATE.This section is effective the day following final enactment.
21.7 Section 1. Minnesota Statutes 2010, section 297A.992, subdivision 5, is amended to
21.8read:
21.9 Subd. 5. Grant application and awards; Grant Evaluation and Ranking System
21.10(GEARS) Committee. (a) The joint powers board shall establish a grant application
21.11process and identify the amount of available funding for grant awards. Grant applications
21.12must be submitted in a form prescribed by the joint powers board. An applicant must
21.13provide, in addition to all other information required by the joint powers board, the
21.14estimated cost of the project, the amount of the grant sought, possible sources of funding
21.15in addition to the grant sought, and identification of any federal funds that will be utilized
21.16if the grant is awarded. A grant application seeking transit capital funding must identify
21.17the source of money necessary to operate the transit improvement.
21.18 (b) The joint powers board shall establish a timeline and procedures for the award of
21.19grants, and may award grants only to the state and political subdivisions. The board shall
21.20define objective criteria for the award of grants, which must include, but not be limited to,
21.21consistency with the most recent version of the transportation policy plan adopted by the
21.22Metropolitan Council under section473.146 . The joint powers board shall maximize the
21.23availability and use of federal funds in projects funded under this section.
21.24 (c) The joint powers board shall establish a GEARS Committee, which must consist
21.25of:
21.26 (1) one county commissioner from each county that is in the metropolitan
21.27transportation area, appointed by its county board;
21.28 (2) one elected city representative from each county that is in the metropolitan
21.29transportation area;
21.30 (3) one additional elected city representative from each county for every additional
21.31400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
21.32population; and
21.33 (4) the chair of the Metropolitan Council Transportation Committee.
22.1 (d) Each city representative must be elected at a meeting of cities in the metropolitan
22.2transportation area, which must be convened for that purpose by the Association of
22.3Metropolitan Municipalities.
22.4 (e) The committee shall evaluate grant applications following objective criteria
22.5established by the joint powers board, and must provide to the joint powers board a
22.6selection list of transportation projects that includes a priority ranking.
22.7 (f) A grant award for a transit project located within the metropolitan area, as defined
22.8in section473.121, subdivision 2 , may be funded only after the Metropolitan Council
22.9reviews the project for consistency with the transit portion of the Metropolitan Council
22.10policy plan and one of the following occurs:
22.11 (1) the Metropolitan Council finds the project to be consistent;
22.12 (2) the Metropolitan Council initially finds the project to be inconsistent, but after a
22.13good faith effort to resolve the inconsistency through negotiations with the joint powers
22.14board, agrees that the grant award may be funded; or
22.15 (3) the Metropolitan Council finds the project to be inconsistent, and submits the
22.16consistency issue for final determination to a panel, which determines the project to be
22.17consistent. The panel is composed of a member appointed by the chair of the Metropolitan
22.18Council, a member appointed by the joint powers board, and a member agreed upon by
22.19both the chair and the joint powers board.
22.20 (g) Grants must be funded by the proceeds of the taxes imposed under this section,
22.21bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
22.22 (h)Notwithstanding the provisions of this subdivision, in fiscal year 2009, of
22.23the initial revenue collected under this section, the joint powers board shall allocate
22.24at least $30,783,000 to the Metropolitan Council for operating assistance for transit.
22.25Notwithstanding the provisions of this section except subdivision 6a, of the revenue
22.26collected under this section, the joint powers board may allocate to the Metropolitan
22.27Council, in fiscal years 2012 and 2013, any amount that is not provided as grant awards
22.28for transit ways or park-and-ride facilities.
22.29(i) The Metropolitan Council shall expend any funds allocated under paragraph (h):
22.30(1) for bus operations under sections 473.371 to 473.449, and excluding (i) bus rapid
22.31transit operations, and (ii) light rail transit and commuter rail operations under sections
22.32174.90, 473.3993 to 473.3999, and 473.4051 to 473.4057; and
22.33(2) solely within those counties that are in the metropolitan transportation area.
22.34 (j) Nothing in paragraph (h) or (i) prevents grant awards to the Metropolitan Council
22.35for capital and operating assistance for transit ways and park-and-ride facilities.
23.1 Sec. 2. Minnesota Statutes 2010, section 297A.992, is amended by adding a
23.2subdivision to read:
23.3 Subd. 6a. Priority of fund uses. The joint powers board shall allocate all revenues
23.4from the taxes imposed under this section in conformance with the following priority order:
23.5(1) payment of debt service necessary for the fiscal year on bonds or other
23.6obligations issued prior to January 1, 2011, under subdivision 7; and
23.7(2) as otherwise authorized under this section.
23.8 Sec. 3. METROPOLITAN LIVABLE COMMUNITIES FUND; TRANSFERS.
23.9 (a) Notwithstanding Minnesota Statutes, sections 473.25 to 473.255, or any other
23.10law, the Metropolitan Council may transfer to its transit operating budget in 2011, 2012,
23.11and 2013 up to 100 percent of the sum of balances in, revenues in, and amounts otherwise
23.12credited, transferred, or distributed to, each of the following accounts in 2011, 2012,
23.13and 2013:
23.14(1) the tax base revitalization account pursuant to Minnesota Statutes, section
23.15473.252;
23.16(2) the livable communities demonstration account pursuant to Minnesota Statutes,
23.17section 473.253; and
23.18(3) the local housing incentives account pursuant to Minnesota Statutes, section
23.19473.254.
23.20(b) The council may not transfer funds under this section that are committed to
23.21grant or loan awards made by the council.
23.22 (c) The council shall use any amounts transferred under this section to cover
23.23operating deficits for transit services provided or assisted by the council under Minnesota
23.24Statutes, sections 473.371 to 473.449. If the council transfers funds pursuant to this
23.25section, the council shall amend the annual distribution plan described in Minnesota
23.26Statutes, section 473.25, paragraph (d), and include information about the transfer in the
23.27annual report required under Minnesota Statutes, section 473.25, paragraph (e).
23.28 Sec. 4. RIGHT-OF-WAY ACQUISITION LOAN FUND; TRANSFERS.
23.29 (a) Notwithstanding Minnesota Statutes, section 473.167, or any other law, the
23.30Metropolitan Council may transfer to its transit operating budget in 2011, 2012, and 2013
23.31up to 100 percent of the amounts levied and collected in 2011, 2012, and 2013 under
23.32Minnesota Statutes, section 473.167, subdivision 3. The council shall use the amounts
23.33transferred to cover operating deficits for transit services provided or assisted by the
23.34council under Minnesota Statutes, sections 473.371 to 473.449.
24.1(b) If the council transfers funds pursuant to this section, the council shall within two
24.2weeks notify the chairs and ranking minority members of the legislative committees with
24.3jurisdiction over transportation policy and finance concerning the transfers.
24.4 Sec. 5. METROPOLITAN COUNCIL OPERATING BUDGET; TRANSFERS.
24.5 (a) Notwithstanding Minnesota Statutes, chapter 473, or any other law, the
24.6Metropolitan Council may transfer to its transit operating budget in 2011, 2012, and
24.72013 up to 100 percent of the amounts levied and collected in 2011, 2012, and 2013,
24.8respectively, under Minnesota Statutes, section 473.249, that are otherwise budgeted in
24.9that year in the council's operating budget under Minnesota Statutes, section 473.13, for
24.10the following departments or functions:
24.11(1) government affairs;
24.12(2) public affairs;
24.13(3) regional systems planning and growth strategy; and
24.14(4) local planning assistance.
24.15(b) The council may not transfer funds under this section that are identified for or
24.16committed to grant or loan awards made by the council.
24.17(c) The council shall use the amounts transferred to cover operating deficits for transit
24.18services provided or assisted by the council under Minnesota Statutes, sections 473.371 to
24.19473.449. If the council transfers funds pursuant to this section, the council shall within
24.20two weeks notify the chairs and ranking minority members of the legislative committees
24.21with jurisdiction over transportation policy and finance concerning the transfers.
24.24 Section 1. Minnesota Statutes 2010, section 16A.11, subdivision 3a, is amended to read:
24.25 Subd. 3a. Part three: detailed capital budget. The detailed capital budget must
24.26include recommendations for capital projects to be funded during the next six fiscal years
24.27and, if applicable, must meet the requirements under section 174.93, subdivision 1a. It
24.28must be submitted with projects recommended by the governor and in order of importance
24.29among that agency's requests as determined by the agency originating the request.
24.30 Sec. 2. Minnesota Statutes 2010, section 16A.86, subdivision 3a, is amended to read:
24.31 Subd. 3a. Information provided. All requests for state assistance under this section
24.32must include the following information:
25.1(1) the name of the political subdivision that will own the capital project for which
25.2state assistance is being requested;
25.3(2) the public purpose of the project;
25.4(3) the extent to which the political subdivision has or expects to provide local,
25.5private, user financing, or other nonstate funding for the project;
25.6(4) a list of the bondable activities that the project encompasses; examples of
25.7bondable activities are public improvements of a capital nature for land acquisition,
25.8predesign, design, construction, and furnishing and equipping for occupancy;
25.9(5) whether the project will require new or additional state operating subsidies;
25.10(6) whether the governing body of the political subdivision requesting the project
25.11has passed a resolution in support of the project and has established priorities for all
25.12projects within its jurisdiction for which bonding appropriations are requested when
25.13submitting multiple requests;and
25.14(7) if the project requires a predesign under section16B.335 , whether the predesign
25.15has been completed at the time the capital project request is submitted, and whether
25.16the political subdivision has submitted the project predesign to the commissioner of
25.17administration for review and approval; and
25.18(8) if applicable, the information required under section 174.93, subdivision 1a.
25.19 Sec. 3. Minnesota Statutes 2010, section 161.04, is amended by adding a subdivision
25.20to read:
25.21 Subd. 6. Trunk highway economic development account. (a) The trunk highway
25.22economic development account is created in the trunk highway fund. Money in the
25.23account is annually appropriated to the commissioner and does not lapse. Interest earned
25.24from investment of money in this account must be deposited in the trunk highway
25.25economic development account.
25.26(b) Money in the account must be used to fund construction, reconstruction, and
25.27improvement of trunk highways that will promote economic development, increase
25.28employment, and relieve growing traffic congestion.
25.29(c) The commissioner shall design a project application and selection process to
25.30distribute money in the account. The process must include specified eligibility and
25.31prioritizing criteria.
25.32(d) Money in the account must be allocated 50 percent to the department's
25.33metropolitan district, and 50 percent to districts in greater Minnesota except as provided
25.34in this paragraph. If there are not sufficient project applications that meet eligibility and
25.35prioritizing criteria in either the metropolitan district or greater Minnesota districts to
26.1permit an equal division of available money, the commissioner shall fund projects that
26.2meet the selection criteria without regard to location in the state.
26.3 Sec. 4. Minnesota Statutes 2010, section 162.06, subdivision 1, is amended to read:
26.4 Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
26.5estimate the amount of money that will be available to the county state-aid highway fund
26.6during that fiscal year. The amount available must be based on actual receipts from July
26.71 throughNovember 30 October 31, the unallocated fund balance, and the projected
26.8receipts for the remainder of the fiscal year. The amount available, except for deductions
26.9as provided in this section, shall be apportioned by the commissioner to the counties as
26.10provided in section162.07 .
26.11 (b) For purposes of this section, "amount available" means the amount estimated in
26.12paragraph (a).
26.13 Sec. 5. Minnesota Statutes 2010, section 162.12, subdivision 1, is amended to read:
26.14 Subdivision 1. Estimate of accruals. By December 15 of each year the
26.15commissioner shall estimate the amount of money that will be available to the municipal
26.16state-aid street fund during that fiscal year. The amount available is based on actual
26.17receipts from July 1 throughNovember 30 October 31, the unallocated fund balance, and
26.18the projected receipts for the remainder of the fiscal year. The total available, except for
26.19deductions as provided herein, shall be apportioned by the commissioner to the cities
26.20having a population of 5,000 or more as hereinafter provided.
26.21 Sec. 6. Minnesota Statutes 2010, section 168.12, subdivision 5, is amended to read:
26.22 Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax
26.23otherwise imposed upon any vehicle, the payment of which is required as a condition to
26.24the issuance of any plate or plates, the commissioner shall impose the fee specified in
26.25paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
26.26or plates, except for plates issued to disabled veterans as defined in section168.031 and
26.27plates issued pursuant to section168.124 ,
168.125 , or
168.27 , subdivisions 16 and 17,
26.28for passenger automobiles. The commissioner shall issue graphic design plates only
26.29for vehicles registered pursuant to section168.017 and recreational vehicles registered
26.30pursuant to section168.013, subdivision 1g .
26.31 (b) Unless otherwise specified or exempted by statute, the following plate and
26.32validation sticker fees apply for the original, duplicate, or replacement issuance of a
26.33plate in a plate year:
27.12 (c) For vehicles that require two of the categories above, the registrar shall only
27.13charge the higher of the two fees and not a combined total.
27.14(d) As part of procedures for payment of the fee under paragraph (b), the
27.15commissioner shall allow a vehicle owner to add to the fee a $2 donation for the purposes
27.16of public information and education on anatomical gifts under section 171.075.
27.17EFFECTIVE DATE.This section is effective January 1, 2012.
27.18 Sec. 7. Minnesota Statutes 2010, section 168.1253, subdivision 1, is amended to read:
27.19 Subdivision 1. Definitions. (a) The terms used in this section have the meanings
27.20given them in this subdivision.
27.21(b) "Active service" has the meaning given in section190.05, subdivision 5 .
27.22(c) "Eligible person" means a surviving spouseor, child, parent or legal guardian, or
27.23sibling of a person who has died while serving honorably in active service. For purposes
27.24of this section, an eligibility relationship may be established by birth or adoption.
27.25(d) "Motor vehicle" means a vehicle for personal use, not used for commercial
27.26purposes, and may include a passenger automobile, motorcycle, recreational vehicle,
27.27pickup truck, or van.
27.28EFFECTIVE DATE.This section is effective August 1, 2011, for registrations
27.29applied for or renewed on or after that date.
27.30 Sec. 8. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
27.31 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
27.32respect to highways under the commissioner's jurisdiction, may charge a fee for each
27.33permit issued. All such fees for permits issued by the commissioner of transportation shall
27.34be deposited in the state treasury and credited to the trunk highway fund. Except for
28.1those annual permits for which the permit fees are specified elsewhere in this chapter, the
28.2fees shall be:
28.3 (a) $15 for each single trip permit.
28.4 (b) $36 for each job permit. A job permit may be issued for like loads carried on
28.5a specific route for a period not to exceed two months. "Like loads" means loads of the
28.6same product, weight, and dimension.
28.7 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
28.8months. Annual permits may be issued for:
28.9 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
28.10or well-being of the public;
28.11 (2) motor vehicles which travel on interstate highways and carry loads authorized
28.12under subdivision 1a;
28.13 (3) motor vehicles operating with gross weights authorized under section169.826,
28.14subdivision 1a ;
28.15 (4) special pulpwood vehicles described in section169.863 ;
28.16 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
28.17 (6) noncommercial transportation of a boat by the owner or user of the boat;
28.18 (7) motor vehicles carrying bales of agricultural products authorized under section
28.19169.862
; and
28.20(8) special milk-hauling vehicles authorized under section169.867 .
28.21 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
28.22consecutive months. Annual permits may be issued for:
28.23 (1) mobile cranes;
28.24 (2) construction equipment, machinery, and supplies;
28.25 (3) manufactured homes and manufactured storage buildings;
28.26 (4) implements of husbandry;
28.27 (5) double-deck buses;
28.28 (6) commercial boat hauling and transporting waterfront structures including, but
28.29not limited to, portable boat docks and boat lifts;
28.30 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
28.31for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
28.32the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
28.33only while operating on twin-trailer routes designated under section169.81, subdivision 3 ,
28.34paragraph (c); and
28.35(8) vehicles operating on that portion of marked Trunk Highway 36 described in
28.36section169.81, subdivision 3 , paragraph (e).
29.1 (e) For vehicles which have axle weights exceeding the weight limitations of
29.2sections169.823 to
169.829 , an additional cost added to the fees listed above. However,
29.3this paragraph applies to any vehicle described in section168.013, subdivision 3 ,
29.4paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
29.5that paragraph, and then the additional cost is for all weight, including the allowance
29.6weight, in excess of the permitted maximum axle weight. The additional cost is equal
29.7to the product of the distance traveled times the sum of the overweight axle group cost
29.8factors shown in the following chart:
29.32The amounts added are rounded to the nearest cent for each axle or axle group. The
29.33additional cost does not apply to paragraph (c), clauses (1) and (3).
29.34For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
29.35fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
29.36in addition to the normal permit fee. Miles must be calculated based on the distance
29.37already traveled in the state plus the distance from the point of detection to a transportation
29.38loading site or unloading site within the state or to the point of exit from the state.
29.39 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
29.40or oversize and overweight, mobile cranes; construction equipment, machinery, and
29.41supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
29.42are as follows:
30.9If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
30.10under paragraph (e).
30.11 (g) For vehicles which exceed the width limitations set forth in section169.80 by
30.12more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
30.13when the permit is issued while seasonal load restrictions pursuant to section169.87 are
30.14in effect.
30.15 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
30.16refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
30.17a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section169.828,
30.18subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
30.19pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
30.20pounds.
30.21 (i) $300 for a motor vehicle described in section169.8261 . The fee under this
30.22paragraph must be deposited as follows:
30.23 (1) in fiscal years 2005 through 2010:
30.24 (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
30.25for costs related to administering the permit program and inspecting and posting bridges;
30.26 (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
30.27and signing account in the special revenue fund. Money in the account is appropriated
30.28to the commissioner for:
30.29 (A) inspection of local bridges and identification of local bridges to be posted,
30.30including contracting with a consultant for some or all of these functions; and
30.31 (B) erection of weight-posting signs on local bridges; and
30.32 (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
30.33fund.
30.34 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
30.35under authority of section169.824, subdivision 2 , paragraph (a), clause (2).
30.36EFFECTIVE DATE.This section is effective the day following final enactment.
31.1 Sec. 9. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
31.2 Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
31.3as follows:
31.29 In addition to each fee required in this paragraph, the commissioner shall collect a
31.30surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
31.31credited to the driver and vehicle services technology account in the special revenue fund
31.32under section299A.705 .
31.33 (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
31.34has a driving record free of (1) convictions for a violation of section169A.20 ,
169A.33 ,
31.35169A.35
, or sections
169A.50 to
169A.53 , (2) convictions for crash-related moving
31.36violations, and (3) convictions for moving violations that are not crash related, shall have a
31.37$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
31.38has the meaning given it in section171.04, subdivision 1 .
31.39 (c) In addition to the driver's license fee required under paragraph (a), the
31.40commissioner shall collect an additional $4 processing fee from each new applicant
31.41or individual renewing a license with a school bus endorsement to cover the costs for
31.42processing an applicant's initial and biennial physical examination certificate. The
32.1department shall not charge these applicants any other fee to receive or renew the
32.2endorsement.
32.3(d) An application for a Minnesota identification card, instruction permit, provisional
32.4license, or driver's license, including an application for renewal, must contain a provision
32.5that allows the applicant to add to the fee under paragraph (a) a $2 donation for the
32.6purposes of public information and education on anatomical gifts under section 171.075.
32.7EFFECTIVE DATE.This section is effective January 1, 2012.
32.8 Sec. 10. Minnesota Statutes 2010, section 171.0701, is amended to read:
32.9171.0701 DRIVER EDUCATION CONTENT.
32.10 Subdivision 1. Driver education requirements. (a) The commissioner shall adopt
32.11rules requiring a minimum of 30 minutes of instruction, beginning January 1, 2007,
32.12relating to organ and tissue donations and the provisions of section171.07, subdivision
32.135 , for persons enrolled in driver education programs offered at public schools, private
32.14schools, and commercial driver training schools.
32.15 (b) The commissioner shall adopt rules for persons enrolled in driver education
32.16programs offered at public schools, private schools, and commercial driver training
32.17schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
32.18awareness and safe interaction with commercial motor vehicle traffic. The rules must
32.19require classroom instruction and behind-the-wheel training that includes, but is not
32.20limited to, truck stopping distances, proper distances for following trucks, identification of
32.21truck blind spots, and avoidance of driving in truck blind spots.
32.22 (c) By January 1, 2012, the commissioner shall adopt rules for persons enrolled in
32.23driver education programs offered at public schools, private schools, and commercial
32.24driver training schools, requiring inclusion in the course of instruction of a section on
32.25carbon monoxide poisoning. The instruction must include but is not limited to: (1) a
32.26description of the characteristics of carbon monoxide; (2) a review of the risks and
32.27potential speed of death from carbon monoxide poisoning; and (3) specific suggestions
32.28regarding vehicle idling practices.
32.29 Subd. 2. Rulemaking. The rules adopted by the commissioner underparagraph
32.30(b) this section are exempt from the rulemaking provisions of chapter 14. The rules are
32.31subject to section14.386 , except that notwithstanding paragraph (b) of section
14.386 , the
32.32rules continue in effect until repealed or superseded by other law or rule.
32.33EFFECTIVE DATE.This section is effective the day following final enactment.
33.1 Sec. 11. [171.075] ANATOMICAL GIFTS.
33.2 Subdivision 1. Anatomical gift account. An anatomical gift account is established
33.3in the special revenue fund. The account consists of funds donated under sections
33.4168.12, subdivision 5, and 171.06, subdivision 2, and any other money donated,
33.5allotted, transferred, or otherwise provided to the account. Money in the account is
33.6annually appropriated to the commissioner for: (1) grants under subdivision 2; and (2)
33.7administrative expenses in implementing the donation and grant program.
33.8 Subd. 2. Anatomical gift education grants. (a) The commissioner shall make
33.9grants to: (1) a Minnesota organ procurement organization that is certified by the federal
33.10Centers for Medicare and Medicaid Services; or (2) an entity that is a charitable entity
33.11under section 501(c)(3) of the Internal Revenue Code, as defined in section 289A.02,
33.12subdivision 7, and is dedicated to advocacy for organ, tissue, and eye donation.
33.13(b) From a grant under this section, the recipient shall provide resources and
33.14implement programs designed to increase the number of Minnesotans who register to
33.15be organ, tissue, and eye donors.
33.16EFFECTIVE DATE.This section is effective January 1, 2012.
33.17 Sec. 12. Minnesota Statutes 2010, section 171.13, subdivision 1, is amended to read:
33.18 Subdivision 1. Examination subjects and locations; provisions for color
33.19blindness, disabled veterans. (a) Except as otherwise provided in this section, the
33.20commissioner shall examine each applicant for a driver's license by such agency as the
33.21commissioner directs. This examination must include:
33.22(1) a test of the applicant's eyesight;
33.23(2) a test of the applicant's ability to read and understand highway signs regulating,
33.24warning, and directing traffic;
33.25(3) a test of the applicant's knowledge of (i) traffic laws;knowledge of (ii) the effects
33.26of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally,
33.27and of the legal penalties and financial consequences resulting from violations of laws
33.28prohibiting the operation of a motor vehicle while under the influence of alcohol or
33.29drugs;knowledge of (iii) railroad grade crossing safety; knowledge of (iv) slow-moving
33.30vehicle safety;knowledge of (v) laws relating to pupil transportation safety, including the
33.31significance of school bus lights, signals, stop arm, and passing a school bus;knowledge
33.32of (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon
33.33monoxide poisoning;
33.34(4) an actual demonstration of ability to exercise ordinary and reasonable control
33.35in the operation of a motor vehicle; and
34.1(5) other physical and mental examinations as the commissioner finds necessary to
34.2determine the applicant's fitness to operate a motor vehicle safely upon the highways,
34.3provided, further however,.
34.4(b) Notwithstanding paragraph (a), no driver's licenseshall may be denied an
34.5applicant on the exclusive grounds that the applicant's eyesight is deficient in color
34.6perception.Provided, however, that War veterans operating motor vehicles especially
34.7equipped for disabled persons,shall, if otherwise entitled to a license, must be granted
34.8such license.
34.9(c) The commissioner shall make provision for givingthese the examinations under
34.10this subdivision either in the county where the applicant resides or at a place adjacent
34.11thereto reasonably convenient to the applicant.
34.12EFFECTIVE DATE.This section is effective January 1, 2012.
34.13 Sec. 13. Minnesota Statutes 2010, section 171.13, is amended by adding a subdivision
34.14to read:
34.15 Subd. 1l. Driver's manual; carbon monoxide. The commissioner shall include in
34.16each edition of the driver's manual published by the department after August 1, 2011, a
34.17section that includes up-to-date lifesaving information on carbon monoxide poisoning.
34.18EFFECTIVE DATE.This section is effective the day following final enactment.
34.19 Sec. 14. Minnesota Statutes 2010, section 174.93, is amended to read:
34.20174.93 GUIDEWAY INVESTMENT.
34.21 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
34.22have the meanings given:
34.23(1) "commissioner" means the commissioner of transportation;and
34.24(2) "guideway" means a form of transportation service provided to the public on a
34.25regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
34.26in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
34.27rail transit, streetcars, and bus rapid transit; and
34.28(3) "local unit of government" means a county, statutory or home rule charter city,
34.29town, or other political subdivision including, but not limited to, a regional railroad
34.30authority or joint powers board.
34.31(b) For purposes of this section, "sources of funds" includes, but is not limited to,
34.32money from federal aid, state appropriations, the Metropolitan Council, special taxing
34.33districts, local units of government, fare box recovery, and nonpublic sources.
35.1(c) For purposes of this section, "budget activity" includes, but is not limited
35.2to, environmental analysis, land acquisition, easements, design, preliminary and
35.3final engineering, acquisition of vehicles and rolling stock, track improvement and
35.4rehabilitation, and construction.
35.5 Subd. 1a. Capital project requests to legislature. A state agency or local unit of
35.6government that submits a request to the legislature to obtain state funds for a guideway
35.7project shall, as part of the request, provide a summary financial plan for the project that
35.8presents the following information as reflected by the data and level of detail available in
35.9the latest phase of project development:
35.10(1) capital expenditures and funding sources for the project, including expenditures
35.11to date and total projected or estimated expenditures, with a breakdown by committed and
35.12proposed sources of funds; and
35.13(2) estimated annual operations and maintenance expenditures for the project, with a
35.14breakdown by committed and proposed sources of funds.
35.15 Subd. 2. Legislative report. (a) By November 15 in every odd-numbered year,
35.16the commissioner shall prepare, in collaboration with the Metropolitan Council, and
35.17submit a report electronically to the chairs and ranking minority members of thehouse
35.18of representatives and senate legislative committees with jurisdiction over transportation
35.19policy and finance concerning the status of guideway projects (1) currently in study,
35.20planning, development, or construction; (2) identified in the transportation policy plan
35.21under section473.146 ; or (3) identified in the comprehensive statewide freight and
35.22passenger rail plan under section174.03, subdivision 1b .
35.23(b) At a minimum, the report must include, for each guideway project:
35.24(1) a brief description of the project, including projected ridership;
35.25(2) a summary of the overall status and current phase of the project;
35.26(3) a timeline that includes (i) project phases or milestones; (ii) expected and known
35.27dates of commencement of each phase or milestone; and (iii) expected and known dates
35.28of completion of each phase or milestone;
35.29(4) a brief progress update on specific project phases or milestones completed since
35.30the last previous submission of a report under this subdivision; and
35.31(5) a summary financial plan that identifies, as reflected by the data and level of
35.32detail available in the latest phase of project development and to the extent available:
35.33(i) capital expenditures, including expenditures to date and total projected
35.34expenditures, with a breakdown by committed and proposed sources of funds for the
35.35project;and
36.1(ii) estimated annual operations and maintenance expendituresreflecting the level
36.2of detail available in the current phase of the project development, with a breakdown by
36.3committed and proposed sources of funds for theprojects in the Metropolitan Council's
36.4transportation policy plan. project; and
36.5(iii) if feasible, project expenditures by budget activity.
36.6(c) The report must also include a systemwide capacity analysis for investment in
36.7guideway expansion and maintenance that:
36.8(1) provides a funding projection, annually over the ensuing 20 years, and with a
36.9breakdown by committed and proposed sources of funds, of:
36.10(i) total capital expenditures for guideways;
36.11(ii) total operations and maintenance expenditures for guideways;
36.12(iii) total funding available for guideways, including from projected or estimated
36.13farebox recovery; and
36.14(iv) total funding available for transit service in the metropolitan area; and
36.15(2) evaluates the availability of funds and distribution of sources of funds for
36.16guideway investments.
36.17(d) The projection under paragraph (c), clause (1), must be for all guideway lines
36.18for which state funds are reasonably expected to be expended in planning, development,
36.19construction, or revenue operation during the ensuing 20 years.
36.20(e) Local units of government shall provide assistance and information in a timely
36.21manner as requested by the commissioner or council for completion of the report.
36.22 Sec. 15. REPORT ON VEHICLE CRIMES UNIT.
36.23By February 1, 2015, the commissioner of public safety shall submit a report to the
36.24legislative committees having jurisdiction over transportation finance on the revenues
36.25generated by the Vehicle Crimes Unit. This report must be made available electronically
36.26and made available in print only upon request.
36.27 Sec. 16. REPORT ON ANATOMICAL GIFT ACCOUNT.
36.28The commissioner of public safety shall report to the chairs of the legislative
36.29committees having jurisdiction over transportation policy and finance on the receipts and
36.30expenditures under Minnesota Statutes, section 171.075. The commissioner shall submit
36.31the report by February 1, 2013.
36.32 Sec. 17. REVISOR'S INSTRUCTION.
37.1The revisor of statutes shall recodify Minnesota Statutes, section 171.13,
37.2subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k, and 1l, as Minnesota Statutes, section
37.3171.0705. The revisor shall correct any cross-references made necessary by this
37.4recodification.
37.5EFFECTIVE DATE.This section is effective the day following final enactment."
37.6Delete the title and insert:
37.8relating to government finance; appropriating money for transportation,
37.9Metropolitan Council, and public safety activities and programs; providing for
37.10fund transfers, tort claims, and certain contingent appropriations; providing
37.11for use of revenues from metropolitan transportation area sales tax; reducing
37.12funding for 2011 state road construction; authorizing transfers from metropolitan
37.13livable communities fund accounts, right-of-way loan acquisition fund for transit
37.14operating deficits, and Metropolitan Council operating budget; establishing
37.15accounts; modifying various provisions related to transportation finance and
37.16policy; modifying provisions related to licensing drivers; mandating and
37.17amending legislative reports; making technical and clarifying changes;amending
37.18Minnesota Statutes 2010, sections 16A.11, subdivision 3a; 16A.86, subdivision
37.193a; 161.04, by adding a subdivision; 162.06, subdivision 1; 162.12, subdivision
37.201; 168.12, subdivision 5; 168.1253, subdivision 1; 169.86, subdivision 5; 171.06,
37.21subdivision 2; 171.0701; 171.13, subdivision 1, by adding a subdivision; 174.93;
37.22297A.992, subdivision 5, by adding a subdivision; Laws 2009, chapter 36,
37.23article 1, section 3, subdivision 3, as amended; proposing coding for new law
37.24in Minnesota Statutes, chapter 171."
1.3relating to government finance; appropriating money for transportation,
1.4Metropolitan Council, and public safety activities and programs; providing for
1.5fund transfers and tort claims; authorizing an account and certain contingent
1.6appropriations; providing for use of revenues from metropolitan transportation
1.7area sales tax; reducing funding for 2010 state road construction; authorizing
1.8temporary transfers from metropolitan livable communities fund accounts,
1.9right-of-way loan acquisition fund for transit operating deficits, and Metropolitan
1.10Council operating budget; establishing direct appropriation from transit
1.11assistance fund; establishing an account; modifying various provisions related
1.12to transportation finance and policy; modifying provisions related to licensing
1.13drivers; mandating and amending legislative reports; making technical and
1.14clarifying changes;amending Minnesota Statutes 2010, sections 16A.11,
1.15subdivision 3a; 16A.86, subdivision 3a; 16A.88; 162.06, subdivision 1; 162.12,
1.16subdivision 1; 168.12, subdivision 5; 171.06, subdivision 2; 171.0701; 171.13,
1.17subdivision 1, by adding a subdivision; 174.93; 297A.992, subdivision 5, by
1.18adding a subdivision; Laws 2009, chapter 36, article 1, section 3, subdivision 3;
1.19proposing coding for new law in Minnesota Statutes, chapter 171.
1.20May 16, 2011
1.21The Honorable Kurt Zellers
1.22Speaker of the House of Representatives
1.23The Honorable Michelle L. Fischbach
1.24President of the Senate
1.25We, the undersigned conferees for H. F. No. 1140 report that we have agreed upon
1.26the items in dispute and recommend as follows:
1.27That the Senate recede from its amendments and that H. F. No. 1140 be further
1.28amended as follows:
1.29Delete everything after the enacting clause and insert:
| 1.32 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.34in this article.
| 2.10 |
Sec. 2. TRANSPORTATION APPROPRIATIONS. |
||||||
2.12the agencies and for the purposes specified in this article. The appropriations are from
2.13the trunk highway fund, or another named fund, and are available for the fiscal years
2.14indicated for each purpose. The figures "2012" and "2013" used in this article mean that
2.15the appropriations listed under them are available for the fiscal year ending June 30, 2012,
2.16or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is
2.17fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
2.18fiscal year ending June 30, 2011, are effective the day following final enactment.
| 2.19 |
APPROPRIATIONS |
||||||
| 2.20 |
Available for the Year |
||||||
| 2.21 |
Ending June 30 |
||||||
| 2.22 |
2012 |
2013 |
|||||
| 2.23 2.24 |
Sec. 3. DEPARTMENT OF TRANSPORTATION |
||||||
| 2.25 |
Subdivision 1.Total Appropriation |
$ |
2,197,672,000 |
$ |
2,009,326,000 |
||
2.34purpose are specified in the following
2.35subdivisions.
| 2.36 |
Subd. 2.Multimodal Systems |
||||||
| 3.2 |
(1) Airport Development and Assistance |
14,298,000 |
16,073,000 |
||||
3.4airports fund and must be spent according
3.5to Minnesota Statutes, section 360.305,
3.6subdivision 4.
3.7The base appropriation for fiscal years 2014
3.8and 2015 is $14,298,000 for each year.
3.9Notwithstanding Minnesota Statutes, section
3.1016A.28, subdivision 6, this appropriation is
3.11available for five years after appropriation.
3.12If the appropriation for either year is
3.13insufficient, the appropriation for the other
3.14year is available for it.
3.15If the commissioner of transportation
3.16determines that a balance remains in
3.17the state airports fund following the
3.18appropriations made in this article, and that
3.19the appropriations made are insufficient
3.20for advancing airport development and
3.21assistance projects, an amount necessary
3.22to advance the projects, not to exceed
3.23the balance in the state airports fund, is
3.24appropriated in each year to the commissioner
3.25and must be spent according to Minnesota
3.26Statutes, section 360.305, subdivision
3.274. Within two weeks of a determination
3.28under this contingent appropriation, the
3.29commissioner of transportation shall notify
3.30the commissioner of management and budget
3.31and the chairs and ranking minority members
3.32of the legislative committees with jurisdiction
3.33over transportation finance concerning funds
3.34appropriated. Funds appropriated under this
3.35contingent appropriation do not adjust the
4.1base appropriation for fiscal years 2014 and
4.22015.
| 4.3 |
(2) Aviation Support and Services |
6,123,000 |
6,123,000 |
||||
| 4.4 |
Appropriations by Fund |
||
| 4.5 |
Airports |
5,286,000 |
5,286,000 |
| 4.6 |
Trunk Highway |
837,000 |
837,000 |
4.8fund for the Civil Air Patrol.
| 4.9 |
(b) Transit |
13,338,000 |
13,338,000 |
||||
| 4.10 |
Appropriations by Fund |
||
| 4.11 |
General |
12,563,000 |
12,563,000 |
| 4.12 |
Trunk Highway |
775,000 |
775,000 |
4.14fund is $12,563,000 for fiscal year 2014 and
4.15$12,482,000 for fiscal year 2015.
4.16The amount used in each year as operating
4.17assistance for public transit systems for
4.18elderly and disabled service must not be
4.19less than the amount used in 2011 for that
4.20purpose.
4.21$100,000 in each year is from the general
4.22fund for the administrative expenses of the
4.23Minnesota Council on Transportation Access
4.24under Minnesota Statutes, section 174.285.
| 4.25 |
(c) Freight |
5,154,000 |
5,154,000 |
||||
| 4.26 |
Appropriations by Fund |
||
| 4.27 |
General |
257,000 |
257,000 |
| 4.28 |
Trunk Highway |
4,897,000 |
4,897,000 |
| 4.29 |
Subd. 3.State Roads |
||||||
| 4.30 |
(a) Operations and Maintenance |
257,395,000 |
257,395,000 |
||||
| 4.31 |
(b) Program Planning and Delivery |
206,918,000 |
206,733,000 |
||||
4.33year is for administrative costs of the
5.1targeted group business program, if a law
5.2is enacted and effective in 2012 and 2013
5.3that establishes a targeted group business
5.4program for state highway construction
5.5contracts.
5.6$266,000 in each year is available for grants
5.7to metropolitan planning organizations
5.8outside the seven-county metropolitan area.
5.9$75,000 in each year is available for a
5.10transportation research contingent account
5.11to finance research projects that are
5.12reimbursable from the federal government or
5.13from other sources. If the appropriation for
5.14either year is insufficient, the appropriation
5.15for the other year is available for it.
5.16$600,000 in each year is available for
5.17grants for transportation studies outside
5.18the metropolitan area to identify critical
5.19concerns, problems, and issues. These
5.20grants are available: (1) to regional
5.21development commissions; (2) in regions
5.22where no regional development commission
5.23is functioning, to joint powers boards
5.24established under agreement of two or
5.25more political subdivisions in the region to
5.26exercise the planning functions of a regional
5.27development commission; and (3) in regions
5.28where no regional development commission
5.29or joint powers board is functioning, to the
5.30department's district office for that region.
| 5.31 |
(c) State Road Construction |
801,000,000 |
555,000,000 |
||||
5.33be funded as follows:
| 6.1 |
Appropriations by Fund |
||
| 6.2 6.3 |
Federal Highway Aid |
490,800,000 |
264,800,000 |
| 6.4 |
Highway User Taxes |
310,200,000 |
290,200,000 |
6.6notify the chairs and ranking minority
6.7members of the legislative committees with
6.8jurisdiction over transportation finance of
6.9any significant events that should cause these
6.10estimates to change.
6.11This appropriation is for the actual
6.12construction, reconstruction, and
6.13improvement of trunk highways, including
6.14design-build contracts and consultant usage
6.15to support these activities. This includes the
6.16cost of actual payment to landowners for
6.17lands acquired for highway rights-of-way,
6.18payment to lessees, interest subsidies, and
6.19relocation expenses.
6.20The base appropriation for fiscal years 2014
6.21and 2015 is $635,000,000 for each year.
6.22The commissioner may transfer up to
6.23$20,000,000 in the first year from the
6.24trunk highway fund to the trunk highway
6.25economic development account established
6.26under Minnesota Statutes, section 161.04,
6.27subdivision 6.
6.28The commissioner may expend up to one-half
6.29of one percent of the federal appropriations
6.30under this paragraph as grants to opportunity
6.31industrialization centers and other nonprofit
6.32job training centers for job training programs
6.33related to highway construction.
7.1The commissioner may transfer up to
7.2$15,000,000 each year to the transportation
7.3revolving loan fund.
7.4The commissioner may receive money
7.5covering other shares of the cost of
7.6partnership projects. These receipts are
7.7appropriated to the commissioner for these
7.8projects.
| 7.9 |
(d) Highway Debt Service |
137,876,000 |
158,247,000 |
||||
7.11the second year are for transfer to the state
7.12bond fund. If an appropriation is insufficient
7.13to make all transfers required in the year
7.14for which it is made, the commissioner of
7.15management and budget shall notify the
7.16Committee on Finance of the senate and
7.17the Committee on Ways and Means of the
7.18house of representatives of the amount of the
7.19deficiency and shall then transfer that amount
7.20under the statutory open appropriation. Any
7.21excess appropriation cancels to the trunk
7.22highway fund.
| 7.23 |
(e) Electronic Communications |
5,171,000 |
5,171,000 |
||||
| 7.24 |
Appropriations by Fund |
||
| 7.25 |
General |
3,000 |
3,000 |
| 7.26 |
Trunk Highway |
5,168,000 |
5,168,000 |
7.28and operate the Roosevelt signal tower for
7.29Lake of the Woods weather broadcasting.
| 7.30 |
Subd. 4.Local Roads |
||||||
| 7.31 |
(a) County State Aids |
545,109,000 |
572,773,000 |
||||
7.33state-aid highway fund under Minnesota
7.34Statutes, sections 161.082 to 161.085; and
8.1Minnesota Statutes, chapter 162. This
8.2appropriation is available until spent.
8.3If the commissioner of transportation
8.4determines that a balance remains in the
8.5county state-aid highway fund following
8.6the appropriations and transfers made in
8.7this subdivision, and that the appropriations
8.8made are insufficient for advancing county
8.9state-aid highway projects, an amount
8.10necessary to advance the projects, not to
8.11exceed the balance in the county state-aid
8.12highway fund, is appropriated in each year
8.13to the commissioner. Within two weeks
8.14of a determination under this contingent
8.15appropriation, the commissioner of
8.16transportation shall notify the commissioner
8.17of management and budget and the chairs
8.18and ranking minority members of the
8.19legislative committees with jurisdiction over
8.20transportation finance concerning funds
8.21appropriated.
| 8.22 |
(b) Municipal State Aids |
145,455,000 |
153,484,000 |
||||
8.24state-aid street fund for municipal state-aid
8.25streets under Minnesota Statutes, chapter
8.26162. This appropriation is available until
8.27spent.
8.28If the commissioner of transportation
8.29determines that a balance remains in the
8.30municipal state-aid street fund following
8.31the appropriations made in this subdivision,
8.32and that the appropriations made are
8.33insufficient for advancing municipal state-aid
8.34street projects, an amount necessary to
8.35advance the projects, not to exceed the
9.1balance in the municipal state-aid street
9.2fund, is appropriated in each year to
9.3the commissioner. Within two weeks
9.4of a determination under this contingent
9.5appropriation, the commissioner of
9.6transportation shall notify the commissioner
9.7of management and budget and the chairs
9.8and ranking minority members of the
9.9legislative committees with jurisdiction over
9.10transportation finance concerning funds
9.11appropriated.
| 9.12 |
Subd. 5.Agency Management |
||||||
| 9.13 |
(a) Agency Services |
41,997,000 |
41,997,000 |
||||
| 9.14 |
Appropriations by Fund |
||
| 9.15 |
Airports |
25,000 |
25,000 |
| 9.16 |
Trunk Highway |
41,972,000 |
41,972,000 |
| 9.17 |
(b) Buildings |
17,838,000 |
17,838,000 |
||||
| 9.18 |
Appropriations by Fund |
||
| 9.19 |
General |
54,000 |
54,000 |
| 9.20 |
Trunk Highway |
17,784,000 |
17,784,000 |
9.22insufficient, the appropriation for the other
9.23year is available for it.
| 9.24 |
Subd. 6.Transfers |
||||||
9.26management and budget, the commissioner
9.27of transportation may transfer unencumbered
9.28balances among the appropriations from the
9.29trunk highway fund and the state airports
9.30fund made in this section. No transfer
9.31may be made from the appropriations for
9.32state road construction or for debt service.
9.33Transfers under this paragraph may not be
9.34made between funds. Transfers under this
10.1paragraph must be reported immediately to
10.2the chairs and ranking minority members of
10.3the legislative committees with jurisdiction
10.4over transportation finance.
10.5(b) The commissioner shall transfer from
10.6the flexible highway account in the county
10.7state-aid highway fund: (1) $1,000,000
10.8in the first year to the municipal turnback
10.9account in the municipal state-aid street
10.10fund; (2) $1,900,000 in the first year to the
10.11trunk highway fund; and (3) the remainder
10.12in each year to the county turnback account
10.13in the county state-aid highway fund. The
10.14funds transferred are for highway turnback
10.15purposes as provided under Minnesota
10.16Statutes, section 161.081, subdivision 3.
| 10.17 10.18 |
Subd. 7.Use of State Road Construction Appropriations |
||||||
10.20of transportation for state road construction
10.21for any fiscal year before the first year is
10.22available to the commissioner during the
10.23biennium to the extent that the commissioner
10.24spends the money on the state road
10.25construction project for which the money
10.26was originally encumbered during the fiscal
10.27year for which it was appropriated. The
10.28commissioner of transportation shall report to
10.29the commissioner of management and budget
10.30by August 1, 2011, and August 1, 2012, on
10.31a form the commissioner of management
10.32and budget provides, on expenditures made
10.33during the previous fiscal year that are
10.34authorized by this subdivision.
| 10.35 |
Subd. 8.Contingent Appropriation |
||||||
11.2the approval of the governor and the
11.3written approval of at least five members
11.4of a group consisting of the members of
11.5the Legislative Advisory Commission
11.6under Minnesota Statutes, section 3.30,
11.7and the ranking minority members of the
11.8legislative committees with jurisdiction over
11.9transportation finance, may transfer all or
11.10part of the unappropriated balance in the
11.11trunk highway fund to an appropriation:
11.12(1) for trunk highway design, construction,
11.13or inspection in order to take advantage of
11.14an unanticipated receipt of income to the
11.15trunk highway fund or to take advantage
11.16of federal advanced construction funding;
11.17(2) for trunk highway maintenance in order
11.18to meet an emergency; or (3) to pay tort
11.19or environmental claims. Nothing in this
11.20subdivision authorizes the commissioner
11.21to increase the use of federal advanced
11.22construction funding beyond amounts
11.23specifically authorized. Any transfer as
11.24a result of the use of federal advanced
11.25construction funding must include an
11.26analysis of the effects on the long-term
11.27trunk highway fund balance. The amount
11.28transferred is appropriated for the purpose of
11.29the account to which it is transferred.
| 11.30 |
Subd. 9.Use of Trunk Highway Fund |
||||||
11.32funds may be made for the purpose of paying
11.33personnel costs incurred on behalf of the
11.34Governor's Office.
| 11.35 |
Sec. 4. METROPOLITAN COUNCIL |
$ |
10,248,000 |
$ |
10,248,000 |
||
12.2fund for transit system operations under
12.3Minnesota Statutes, sections 473.371 to
12.4473.449.
12.5Of this appropriation, $140,000 in each
12.6fiscal year is for transit service for disabled
12.7veterans under Minnesota Statutes, section
12.8473.408, subdivision 10.
12.9The base appropriation is $39,248,000 for
12.10fiscal year 2014 and $39,329,000 for fiscal
12.11year 2015.
12.12The Metropolitan Council shall deploy
12.13the following strategies as necessary to
12.14avoid transit service reductions and route
12.15elimination, in the order stated:
12.16(1) use the maximum feasible amount of
12.17the council's reserve funds for bus transit
12.18operations in fiscal years 2012 and 2013;
12.19(2) exercise the authority granted to the
12.20council in article 2, sections 3 to 5;
12.21(3) increase fares; and
12.22(4) if the strategies under clauses (1) to
12.23(3) have been deployed, perform service
12.24reductions or route eliminations except as
12.25otherwise prohibited under this section.
12.26The Metropolitan Council may not reduce
12.27the level of service provided in the biennium
12.28for special transportation service under
12.29Minnesota Statutes, section 473.386, from
12.30the level of service provided by the council
12.31on January 1, 2011. The Metropolitan
12.32Council may not restrict eligibility in the
12.33biennium for special transportation service
12.34under Minnesota Statutes, section 473.386,
13.1beyond the eligibility requirements in place
13.2on January 1, 2011. Level of service includes,
13.3but is not limited to, geographic coverage
13.4area, hours of service, hours of operation for
13.5reservation services, and any other aspects of
13.6the program having a substantial impact on
13.7usability of the service.
13.8Notwithstanding Minnesota Statutes, section
13.9473.388, subdivision 4, in each year of the
13.10biennium, the Metropolitan Council shall
13.11provide financial assistance to each transit
13.12provider under Minnesota Statutes, section
13.13473.388, in an amount equal to the amount of
13.14assistance provided to that transit provider by
13.15the Metropolitan Council in fiscal year 2011.
| 13.16 |
Sec. 5. DEPARTMENT OF PUBLIC SAFETY |
||||||
| 13.17 |
Subdivision 1.Total Appropriation |
$ |
153,316,000 |
$ |
153,316,000 |
||
13.25purpose are specified in the following
13.26subdivisions.
| 13.27 |
Subd. 2.Administration and Related Services |
||||||
| 13.28 |
(a) Office of Communications |
434,000 |
434,000 |
||||
| 13.29 |
Appropriations by Fund |
||
| 13.30 |
General |
41,000 |
41,000 |
| 13.31 |
Trunk Highway |
393,000 |
393,000 |
| 13.32 |
(b) Public Safety Support |
8,168,000 |
8,168,000 |
||||
| 13.33 |
Appropriations by Fund |
||
| 13.34 |
General |
3,296,000 |
3,296,000 |
| 14.1 |
H.U.T.D. |
1,366,000 |
1,366,000 |
| 14.2 |
Trunk Highway |
3,506,000 |
3,506,000 |
14.4fund for payment of public safety officer
14.5survivor benefits under Minnesota Statutes,
14.6section 299A.44. If the appropriation for
14.7either year is insufficient, the appropriation
14.8for the other year is available for it.
14.9$1,367,000 in each year is from the general
14.10fund to be deposited in the public safety
14.11officer's benefit account. This money
14.12is available for reimbursements under
14.13Minnesota Statutes, section
14.14$508,000 in each year is from the general
14.15fund for soft body armor reimbursements
14.16under Minnesota Statutes, section
14.17$792,000 in each year is from the general
14.18fund for transfer by the commissioner of
14.19management and budget to the trunk highway
14.20fund on December 31, 2011, and December
14.2131, 2012, respectively, in order to reimburse
14.22the trunk highway fund for expenses not
14.23related to the fund. These represent amounts
14.24appropriated out of the trunk highway
14.25fund for general fund purposes in the
14.26administration and related services program.
14.27$610,000 in each year is from the highway
14.28user tax distribution fund for transfer by the
14.29commissioner of management and budget
14.30to the trunk highway fund on December 31,
14.312011, and December 31, 2012, respectively,
14.32in order to reimburse the trunk highway
14.33fund for expenses not related to the fund.
14.34These represent amounts appropriated out
15.1of the trunk highway fund for highway
15.2user tax distribution fund purposes in the
15.3administration and related services program.
15.4$716,000 in each year is from the highway
15.5user tax distribution fund for transfer by the
15.6commissioner of management and budget to
15.7the general fund on December 31, 2011, and
15.8December 31, 2012, respectively, in order to
15.9reimburse the general fund for expenses not
15.10related to the fund. These represent amounts
15.11appropriated out of the general fund for
15.12operation of the criminal justice data network
15.13related to driver and motor vehicle licensing.
| 15.14 |
(c) Technology and Support Service |
3,835,000 |
3,835,000 |
||||
| 15.15 |
Appropriations by Fund |
||
| 15.16 |
General |
1,472,000 |
1,472,000 |
| 15.17 |
H.U.T.D. |
19,000 |
19,000 |
| 15.18 |
Trunk Highway |
2,344,000 |
2,344,000 |
| 15.19 |
Subd. 3.State Patrol |
||||||
| 15.20 |
(a) Patrolling Highways |
71,522,000 |
71,522,000 |
||||
| 15.21 |
Appropriations by Fund |
||
| 15.22 |
General |
37,000 |
37,000 |
| 15.23 |
H.U.T.D. |
92,000 |
92,000 |
| 15.24 |
Trunk Highway |
71,393,000 |
71,393,000 |
| 15.25 |
(b) Commercial Vehicle Enforcement |
7,796,000 |
7,796,000 |
||||
15.27Pupil Transportation Safety under Minnesota
15.28Statutes, section 169.435.
| 15.29 |
(c) Capitol Security |
3,108,000 |
3,108,000 |
||||
15.31The commissioner may not: (1) spend
15.32any money from the trunk highway fund
15.33for capitol security; or (2) permanently
16.1transfer any state trooper from the patrolling
16.2highways activity to capitol security.
16.3The commissioner may not transfer any
16.4money appropriated to the commissioner
16.5under this section: (1) to capitol security; or
16.6(2) from capitol security.
| 16.7 |
(d) Vehicle Crimes Unit |
693,000 |
693,000 |
||||
16.9tax distribution fund.
16.10This appropriation is to investigate: (1)
16.11registration tax and motor vehicle sales tax
16.12liabilities from individuals and businesses
16.13that currently do not pay all taxes owed;
16.14and (2) illegal or improper activity related
16.15to sale, transfer, titling, and registration of
16.16motor vehicles.
| 16.17 |
Subd. 4.Driver and Vehicle Services |
||||||
| 16.18 |
(a) Vehicle Services |
27,259,000 |
27,259,000 |
||||
| 16.19 |
Appropriations by Fund |
||
| 16.20 |
Special Revenue |
19,023,000 |
19,023,000 |
| 16.21 |
H.U.T.D. |
8,236,000 |
8,236,000 |
16.23from the vehicle services operating account.
| 16.24 |
(b) Driver Services |
28,712,000 |
28,712,000 |
||||
| 16.25 |
Appropriations by Fund |
||
| 16.26 |
Special Revenue |
28,711,000 |
28,711,000 |
| 16.27 |
Trunk Highway |
1,000 |
1,000 |
16.29from the driver services operating account.
| 16.30 |
Subd. 5.Traffic Safety |
435,000 |
435,000 |
||||
16.32spend 50 percent of the money available to
16.33the state under United States Code, title 23,
17.1section 164, and the remaining 50 percent
17.2must be transferred to the commissioner
17.3of transportation for hazard elimination
17.4activities under United States Code, title 23,
17.5section 152.
| 17.6 |
Subd. 6.Pipeline Safety |
1,354,000 |
1,354,000 |
||||
17.8account in the special revenue fund.
| 17.9 |
Subd. 7.Use of Trunk Highway Fund |
||||||
17.11funds may be made for the purpose of paying
17.12personnel costs incurred on behalf of the
17.13Governor's Office.
| 17.14 |
Sec. 6. TORT CLAIMS |
$ |
600,000 |
$ |
600,000 |
||
17.16management and budget.
17.17If the appropriation for either year is
17.18insufficient, the appropriation for the other
17.19year is available for it.
17.20 Sec. 7. Laws 2009, chapter 36, article 1, section 3, subdivision 3, as amended by Laws
17.212010, chapter 351, section 66, is amended to read:
| 17.22 |
Subd. 3.State Roads |
||||||
| 17.23 |
(a) Infrastructure Operations and Maintenance |
251,643,000 |
245,892,000 |
||||
17.25and 2013 is $257,395,000 for each year.
| 17.26 |
(b) Infrastructure Investment and Planning |
||||||
| 17.27 |
(1) Infrastructure Investment Support |
201,461,000 |
196,935,000 |
||||
17.29and 2013 is $205,988,000 for each year.
18.1$266,000 the first year and $266,000 the
18.2second year are available for grants to
18.3metropolitan planning organizations outside
18.4the seven-county metropolitan area.
18.5$75,000 the first year and $75,000 the
18.6second year are for a transportation research
18.7contingent account to finance research
18.8projects that are reimbursable from the
18.9federal government or from other sources.
18.10If the appropriation for either year is
18.11insufficient, the appropriation for the other
18.12year is available for it.
18.13$600,000 the first year and $600,000
18.14the second year are available for grants
18.15for transportation studies outside the
18.16metropolitan area to identify critical
18.17concerns, problems, and issues. These
18.18grants are available (1) to regional
18.19development commissions; (2) in regions
18.20where no regional development commission
18.21is functioning, to joint powers boards
18.22established under agreement of two or
18.23more political subdivisions in the region to
18.24exercise the planning functions of a regional
18.25development commission; and (3) in regions
18.26where no regional development commission
18.27or joint powers board is functioning, to the
18.28department's district office for that region.
18.29$200,000 the second year is for grants
18.30to nonprofit job training centers for: (1)
18.31job training programs related to highway
18.32construction; and (2) business training for
18.33companies that are certified disadvantaged
18.34business enterprises.
| 19.1 19.2 |
(2) State Road Construction |
551,300,000 |
555,700,000 |
||||
19.4and 2013 is $635,000,000 for each year.
19.5It is estimated that these appropriations will
19.6be funded as follows:
| 19.7 |
Appropriations by Fund |
||
| 19.8 19.9 |
Federal Highway Aid |
301,100,000 |
345,500,000 |
| 19.10 |
Highway User Taxes |
250,200,000 |
210,200,000 |
19.12notify the chairs and ranking minority
19.13members of the senate and house of
19.14representatives committees with jurisdiction
19.15over transportation finance of any significant
19.16events that should cause these estimates to
19.17change.
19.18This appropriation is for the actual
19.19construction, reconstruction, and
19.20improvement of trunk highways, including
19.21design-build contracts and consultant usage
19.22to support these activities. This includes the
19.23cost of actual payment to landowners for
19.24lands acquired for highway rights-of-way,
19.25payment to lessees, interest subsidies, and
19.26relocation expenses.
19.27The commissioner may spend up to $250,000
19.28of trunk highway funds in fiscal year 2011
19.29to pay the operating costs of bus service
19.30between Hastings and Minneapolis-St. Paul
19.31to mitigate the traffic impacts of the project
19.32involving construction of a bridge crossing
19.33the Mississippi River in the city of Hastings
19.34on marked Trunk Highway 61.
20.1The commissioner shall expend up to
20.2one-half of one percent of the federal
20.3appropriations under this paragraph as grants
20.4to opportunity industrialization centers and
20.5other nonprofit job training centers for
20.6job training programs related to highway
20.7construction.
20.8The commissioner may transfer up to
20.9$15,000,000 each year to the transportation
20.10revolving loan fund.
20.11The commissioner may receive money
20.12covering other shares of the cost of
20.13partnership projects. These receipts are
20.14appropriated to the commissioner for these
20.15projects.
| 20.16 |
(3) Highway Debt Service |
101,170,000 |
173,400,000 |
||||
20.18the second year are for transfer to the state
20.19bond fund. If this appropriation is insufficient
20.20to make all transfers required in the year for
20.21which it is made, the commissioner of finance
20.22shall notify the Committee on Finance of
20.23the senate and the Committee on Ways and
20.24Means of the house of representatives of
20.25the amount of the deficiency and shall then
20.26transfer that amount under the statutory open
20.27appropriation. Any excess appropriation
20.28cancels to the trunk highway fund.
| 20.29 |
(c) Electronic Communications |
5,177,000 |
5,177,000 |
||||
| 20.30 |
Appropriations by Fund |
||
| 20.31 |
General |
9,000 |
9,000 |
| 20.32 |
Trunk Highway |
5,168,000 |
5,168,000 |
21.2and operate the Roosevelt signal tower for
21.3Lake of the Woods weather broadcasting.
21.4EFFECTIVE DATE.This section is effective the day following final enactment.
21.7 Section 1. Minnesota Statutes 2010, section 297A.992, subdivision 5, is amended to
21.8read:
21.9 Subd. 5. Grant application and awards; Grant Evaluation and Ranking System
21.10(GEARS) Committee. (a) The joint powers board shall establish a grant application
21.11process and identify the amount of available funding for grant awards. Grant applications
21.12must be submitted in a form prescribed by the joint powers board. An applicant must
21.13provide, in addition to all other information required by the joint powers board, the
21.14estimated cost of the project, the amount of the grant sought, possible sources of funding
21.15in addition to the grant sought, and identification of any federal funds that will be utilized
21.16if the grant is awarded. A grant application seeking transit capital funding must identify
21.17the source of money necessary to operate the transit improvement.
21.18 (b) The joint powers board shall establish a timeline and procedures for the award of
21.19grants, and may award grants only to the state and political subdivisions. The board shall
21.20define objective criteria for the award of grants, which must include, but not be limited to,
21.21consistency with the most recent version of the transportation policy plan adopted by the
21.22Metropolitan Council under section
21.23availability and use of federal funds in projects funded under this section.
21.24 (c) The joint powers board shall establish a GEARS Committee, which must consist
21.25of:
21.26 (1) one county commissioner from each county that is in the metropolitan
21.27transportation area, appointed by its county board;
21.28 (2) one elected city representative from each county that is in the metropolitan
21.29transportation area;
21.30 (3) one additional elected city representative from each county for every additional
21.31400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
21.32population; and
21.33 (4) the chair of the Metropolitan Council Transportation Committee.
22.1 (d) Each city representative must be elected at a meeting of cities in the metropolitan
22.2transportation area, which must be convened for that purpose by the Association of
22.3Metropolitan Municipalities.
22.4 (e) The committee shall evaluate grant applications following objective criteria
22.5established by the joint powers board, and must provide to the joint powers board a
22.6selection list of transportation projects that includes a priority ranking.
22.7 (f) A grant award for a transit project located within the metropolitan area, as defined
22.8in section
22.9reviews the project for consistency with the transit portion of the Metropolitan Council
22.10policy plan and one of the following occurs:
22.11 (1) the Metropolitan Council finds the project to be consistent;
22.12 (2) the Metropolitan Council initially finds the project to be inconsistent, but after a
22.13good faith effort to resolve the inconsistency through negotiations with the joint powers
22.14board, agrees that the grant award may be funded; or
22.15 (3) the Metropolitan Council finds the project to be inconsistent, and submits the
22.16consistency issue for final determination to a panel, which determines the project to be
22.17consistent. The panel is composed of a member appointed by the chair of the Metropolitan
22.18Council, a member appointed by the joint powers board, and a member agreed upon by
22.19both the chair and the joint powers board.
22.20 (g) Grants must be funded by the proceeds of the taxes imposed under this section,
22.21bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
22.22 (h)
22.23
22.24
22.25Notwithstanding the provisions of this section except subdivision 6a, of the revenue
22.26collected under this section, the joint powers board may allocate to the Metropolitan
22.27Council, in fiscal years 2012 and 2013, any amount that is not provided as grant awards
22.28for transit ways or park-and-ride facilities.
22.29(i) The Metropolitan Council shall expend any funds allocated under paragraph (h):
22.30(1) for bus operations under sections 473.371 to 473.449, and excluding (i) bus rapid
22.31transit operations, and (ii) light rail transit and commuter rail operations under sections
22.32174.90, 473.3993 to 473.3999, and 473.4051 to 473.4057; and
22.33(2) solely within those counties that are in the metropolitan transportation area.
22.34 (j) Nothing in paragraph (h) or (i) prevents grant awards to the Metropolitan Council
22.35for capital and operating assistance for transit ways and park-and-ride facilities.
23.1 Sec. 2. Minnesota Statutes 2010, section 297A.992, is amended by adding a
23.2subdivision to read:
23.3 Subd. 6a. Priority of fund uses. The joint powers board shall allocate all revenues
23.4from the taxes imposed under this section in conformance with the following priority order:
23.5(1) payment of debt service necessary for the fiscal year on bonds or other
23.6obligations issued prior to January 1, 2011, under subdivision 7; and
23.7(2) as otherwise authorized under this section.
23.8 Sec. 3. METROPOLITAN LIVABLE COMMUNITIES FUND; TRANSFERS.
23.9 (a) Notwithstanding Minnesota Statutes, sections 473.25 to 473.255, or any other
23.10law, the Metropolitan Council may transfer to its transit operating budget in 2011, 2012,
23.11and 2013 up to 100 percent of the sum of balances in, revenues in, and amounts otherwise
23.12credited, transferred, or distributed to, each of the following accounts in 2011, 2012,
23.13and 2013:
23.14(1) the tax base revitalization account pursuant to Minnesota Statutes, section
23.15473.252;
23.16(2) the livable communities demonstration account pursuant to Minnesota Statutes,
23.17section 473.253; and
23.18(3) the local housing incentives account pursuant to Minnesota Statutes, section
23.19473.254.
23.20(b) The council may not transfer funds under this section that are committed to
23.21grant or loan awards made by the council.
23.22 (c) The council shall use any amounts transferred under this section to cover
23.23operating deficits for transit services provided or assisted by the council under Minnesota
23.24Statutes, sections 473.371 to 473.449. If the council transfers funds pursuant to this
23.25section, the council shall amend the annual distribution plan described in Minnesota
23.26Statutes, section 473.25, paragraph (d), and include information about the transfer in the
23.27annual report required under Minnesota Statutes, section 473.25, paragraph (e).
23.28 Sec. 4. RIGHT-OF-WAY ACQUISITION LOAN FUND; TRANSFERS.
23.29 (a) Notwithstanding Minnesota Statutes, section 473.167, or any other law, the
23.30Metropolitan Council may transfer to its transit operating budget in 2011, 2012, and 2013
23.31up to 100 percent of the amounts levied and collected in 2011, 2012, and 2013 under
23.32Minnesota Statutes, section 473.167, subdivision 3. The council shall use the amounts
23.33transferred to cover operating deficits for transit services provided or assisted by the
23.34council under Minnesota Statutes, sections 473.371 to 473.449.
24.1(b) If the council transfers funds pursuant to this section, the council shall within two
24.2weeks notify the chairs and ranking minority members of the legislative committees with
24.3jurisdiction over transportation policy and finance concerning the transfers.
24.4 Sec. 5. METROPOLITAN COUNCIL OPERATING BUDGET; TRANSFERS.
24.5 (a) Notwithstanding Minnesota Statutes, chapter 473, or any other law, the
24.6Metropolitan Council may transfer to its transit operating budget in 2011, 2012, and
24.72013 up to 100 percent of the amounts levied and collected in 2011, 2012, and 2013,
24.8respectively, under Minnesota Statutes, section 473.249, that are otherwise budgeted in
24.9that year in the council's operating budget under Minnesota Statutes, section 473.13, for
24.10the following departments or functions:
24.11(1) government affairs;
24.12(2) public affairs;
24.13(3) regional systems planning and growth strategy; and
24.14(4) local planning assistance.
24.15(b) The council may not transfer funds under this section that are identified for or
24.16committed to grant or loan awards made by the council.
24.17(c) The council shall use the amounts transferred to cover operating deficits for transit
24.18services provided or assisted by the council under Minnesota Statutes, sections 473.371 to
24.19473.449. If the council transfers funds pursuant to this section, the council shall within
24.20two weeks notify the chairs and ranking minority members of the legislative committees
24.21with jurisdiction over transportation policy and finance concerning the transfers.
24.24 Section 1. Minnesota Statutes 2010, section 16A.11, subdivision 3a, is amended to read:
24.25 Subd. 3a. Part three: detailed capital budget. The detailed capital budget must
24.26include recommendations for capital projects to be funded during the next six fiscal years
24.27and, if applicable, must meet the requirements under section 174.93, subdivision 1a. It
24.28must be submitted with projects recommended by the governor and in order of importance
24.29among that agency's requests as determined by the agency originating the request.
24.30 Sec. 2. Minnesota Statutes 2010, section 16A.86, subdivision 3a, is amended to read:
24.31 Subd. 3a. Information provided. All requests for state assistance under this section
24.32must include the following information:
25.1(1) the name of the political subdivision that will own the capital project for which
25.2state assistance is being requested;
25.3(2) the public purpose of the project;
25.4(3) the extent to which the political subdivision has or expects to provide local,
25.5private, user financing, or other nonstate funding for the project;
25.6(4) a list of the bondable activities that the project encompasses; examples of
25.7bondable activities are public improvements of a capital nature for land acquisition,
25.8predesign, design, construction, and furnishing and equipping for occupancy;
25.9(5) whether the project will require new or additional state operating subsidies;
25.10(6) whether the governing body of the political subdivision requesting the project
25.11has passed a resolution in support of the project and has established priorities for all
25.12projects within its jurisdiction for which bonding appropriations are requested when
25.13submitting multiple requests;
25.14(7) if the project requires a predesign under section
25.15has been completed at the time the capital project request is submitted, and whether
25.16the political subdivision has submitted the project predesign to the commissioner of
25.17administration for review and approval; and
25.18(8) if applicable, the information required under section 174.93, subdivision 1a.
25.19 Sec. 3. Minnesota Statutes 2010, section 161.04, is amended by adding a subdivision
25.20to read:
25.21 Subd. 6. Trunk highway economic development account. (a) The trunk highway
25.22economic development account is created in the trunk highway fund. Money in the
25.23account is annually appropriated to the commissioner and does not lapse. Interest earned
25.24from investment of money in this account must be deposited in the trunk highway
25.25economic development account.
25.26(b) Money in the account must be used to fund construction, reconstruction, and
25.27improvement of trunk highways that will promote economic development, increase
25.28employment, and relieve growing traffic congestion.
25.29(c) The commissioner shall design a project application and selection process to
25.30distribute money in the account. The process must include specified eligibility and
25.31prioritizing criteria.
25.32(d) Money in the account must be allocated 50 percent to the department's
25.33metropolitan district, and 50 percent to districts in greater Minnesota except as provided
25.34in this paragraph. If there are not sufficient project applications that meet eligibility and
25.35prioritizing criteria in either the metropolitan district or greater Minnesota districts to
26.1permit an equal division of available money, the commissioner shall fund projects that
26.2meet the selection criteria without regard to location in the state.
26.3 Sec. 4. Minnesota Statutes 2010, section 162.06, subdivision 1, is amended to read:
26.4 Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
26.5estimate the amount of money that will be available to the county state-aid highway fund
26.6during that fiscal year. The amount available must be based on actual receipts from July
26.71 through
26.8receipts for the remainder of the fiscal year. The amount available, except for deductions
26.9as provided in this section, shall be apportioned by the commissioner to the counties as
26.10provided in section
26.11 (b) For purposes of this section, "amount available" means the amount estimated in
26.12paragraph (a).
26.13 Sec. 5. Minnesota Statutes 2010, section 162.12, subdivision 1, is amended to read:
26.14 Subdivision 1. Estimate of accruals. By December 15 of each year the
26.15commissioner shall estimate the amount of money that will be available to the municipal
26.16state-aid street fund during that fiscal year. The amount available is based on actual
26.17receipts from July 1 through
26.18the projected receipts for the remainder of the fiscal year. The total available, except for
26.19deductions as provided herein, shall be apportioned by the commissioner to the cities
26.20having a population of 5,000 or more as hereinafter provided.
26.21 Sec. 6. Minnesota Statutes 2010, section 168.12, subdivision 5, is amended to read:
26.22 Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax
26.23otherwise imposed upon any vehicle, the payment of which is required as a condition to
26.24the issuance of any plate or plates, the commissioner shall impose the fee specified in
26.25paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
26.26or plates, except for plates issued to disabled veterans as defined in section
26.27plates issued pursuant to section
26.28for passenger automobiles. The commissioner shall issue graphic design plates only
26.29for vehicles registered pursuant to section
26.30pursuant to section
26.31 (b) Unless otherwise specified or exempted by statute, the following plate and
26.32validation sticker fees apply for the original, duplicate, or replacement issuance of a
26.33plate in a plate year:
27.12 (c) For vehicles that require two of the categories above, the registrar shall only
27.13charge the higher of the two fees and not a combined total.
27.14(d) As part of procedures for payment of the fee under paragraph (b), the
27.15commissioner shall allow a vehicle owner to add to the fee a $2 donation for the purposes
27.16of public information and education on anatomical gifts under section 171.075.
27.17EFFECTIVE DATE.This section is effective January 1, 2012.
27.18 Sec. 7. Minnesota Statutes 2010, section 168.1253, subdivision 1, is amended to read:
27.19 Subdivision 1. Definitions. (a) The terms used in this section have the meanings
27.20given them in this subdivision.
27.21(b) "Active service" has the meaning given in section
27.22(c) "Eligible person" means a surviving spouse
27.23sibling of a person who has died while serving honorably in active service. For purposes
27.24of this section, an eligibility relationship may be established by birth or adoption.
27.25(d) "Motor vehicle" means a vehicle for personal use, not used for commercial
27.26purposes, and may include a passenger automobile, motorcycle, recreational vehicle,
27.27pickup truck, or van.
27.28EFFECTIVE DATE.This section is effective August 1, 2011, for registrations
27.29applied for or renewed on or after that date.
27.30 Sec. 8. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
27.31 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
27.32respect to highways under the commissioner's jurisdiction, may charge a fee for each
27.33permit issued. All such fees for permits issued by the commissioner of transportation shall
27.34be deposited in the state treasury and credited to the trunk highway fund. Except for
28.1those annual permits for which the permit fees are specified elsewhere in this chapter, the
28.2fees shall be:
28.3 (a) $15 for each single trip permit.
28.4 (b) $36 for each job permit. A job permit may be issued for like loads carried on
28.5a specific route for a period not to exceed two months. "Like loads" means loads of the
28.6same product, weight, and dimension.
28.7 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
28.8months. Annual permits may be issued for:
28.9 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
28.10or well-being of the public;
28.11 (2) motor vehicles which travel on interstate highways and carry loads authorized
28.12under subdivision 1a;
28.13 (3) motor vehicles operating with gross weights authorized under section
28.14subdivision 1a
28.15 (4) special pulpwood vehicles described in section
28.16 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
28.17 (6) noncommercial transportation of a boat by the owner or user of the boat;
28.18 (7) motor vehicles carrying bales of agricultural products authorized under section
28.20(8) special milk-hauling vehicles authorized under section
28.21 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
28.22consecutive months. Annual permits may be issued for:
28.23 (1) mobile cranes;
28.24 (2) construction equipment, machinery, and supplies;
28.25 (3) manufactured homes and manufactured storage buildings;
28.26 (4) implements of husbandry;
28.27 (5) double-deck buses;
28.28 (6) commercial boat hauling and transporting waterfront structures including, but
28.29not limited to, portable boat docks and boat lifts;
28.30 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
28.31for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
28.32the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
28.33only while operating on twin-trailer routes designated under section
28.34paragraph (c); and
28.35(8) vehicles operating on that portion of marked Trunk Highway 36 described in
28.36section
29.1 (e) For vehicles which have axle weights exceeding the weight limitations of
29.2sections
29.3this paragraph applies to any vehicle described in section
29.4paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
29.5that paragraph, and then the additional cost is for all weight, including the allowance
29.6weight, in excess of the permitted maximum axle weight. The additional cost is equal
29.7to the product of the distance traveled times the sum of the overweight axle group cost
29.8factors shown in the following chart:
29.32The amounts added are rounded to the nearest cent for each axle or axle group. The
29.33additional cost does not apply to paragraph (c), clauses (1) and (3).
29.34For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
29.35fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
29.36in addition to the normal permit fee. Miles must be calculated based on the distance
29.37already traveled in the state plus the distance from the point of detection to a transportation
29.38loading site or unloading site within the state or to the point of exit from the state.
29.39 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
29.40or oversize and overweight, mobile cranes; construction equipment, machinery, and
29.41supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
29.42are as follows:
30.9If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
30.10under paragraph (e).
30.11 (g) For vehicles which exceed the width limitations set forth in section
30.12more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
30.13when the permit is issued while seasonal load restrictions pursuant to section
30.14in effect.
30.15 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
30.16refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
30.17a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
30.18subdivision 2
30.19pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
30.20pounds.
30.21 (i) $300 for a motor vehicle described in section
30.22paragraph must be deposited as follows:
30.23 (1) in fiscal years 2005 through 2010:
30.24 (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
30.25for costs related to administering the permit program and inspecting and posting bridges;
30.26 (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
30.27and signing account in the special revenue fund. Money in the account is appropriated
30.28to the commissioner for:
30.29 (A) inspection of local bridges and identification of local bridges to be posted,
30.30including contracting with a consultant for some or all of these functions; and
30.31 (B) erection of weight-posting signs on local bridges; and
30.32 (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
30.33fund.
30.34 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
30.35under authority of section
30.36EFFECTIVE DATE.This section is effective the day following final enactment.
31.1 Sec. 9. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
31.2 Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
31.3as follows:
31.29 In addition to each fee required in this paragraph, the commissioner shall collect a
31.30surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
31.31credited to the driver and vehicle services technology account in the special revenue fund
31.32under section
31.33 (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
31.34has a driving record free of (1) convictions for a violation of section
31.36violations, and (3) convictions for moving violations that are not crash related, shall have a
31.37$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
31.38has the meaning given it in section
31.39 (c) In addition to the driver's license fee required under paragraph (a), the
31.40commissioner shall collect an additional $4 processing fee from each new applicant
31.41or individual renewing a license with a school bus endorsement to cover the costs for
31.42processing an applicant's initial and biennial physical examination certificate. The
32.1department shall not charge these applicants any other fee to receive or renew the
32.2endorsement.
32.3(d) An application for a Minnesota identification card, instruction permit, provisional
32.4license, or driver's license, including an application for renewal, must contain a provision
32.5that allows the applicant to add to the fee under paragraph (a) a $2 donation for the
32.6purposes of public information and education on anatomical gifts under section 171.075.
32.7EFFECTIVE DATE.This section is effective January 1, 2012.
32.8 Sec. 10. Minnesota Statutes 2010, section 171.0701, is amended to read:
32.9171.0701 DRIVER EDUCATION CONTENT.
32.10 Subdivision 1. Driver education requirements. (a) The commissioner shall adopt
32.11rules requiring a minimum of 30 minutes of instruction, beginning January 1, 2007,
32.12relating to organ and tissue donations and the provisions of section
32.135
32.14schools, and commercial driver training schools.
32.15 (b) The commissioner shall adopt rules for persons enrolled in driver education
32.16programs offered at public schools, private schools, and commercial driver training
32.17schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
32.18awareness and safe interaction with commercial motor vehicle traffic. The rules must
32.19require classroom instruction and behind-the-wheel training that includes, but is not
32.20limited to, truck stopping distances, proper distances for following trucks, identification of
32.21truck blind spots, and avoidance of driving in truck blind spots.
32.22 (c) By January 1, 2012, the commissioner shall adopt rules for persons enrolled in
32.23driver education programs offered at public schools, private schools, and commercial
32.24driver training schools, requiring inclusion in the course of instruction of a section on
32.25carbon monoxide poisoning. The instruction must include but is not limited to: (1) a
32.26description of the characteristics of carbon monoxide; (2) a review of the risks and
32.27potential speed of death from carbon monoxide poisoning; and (3) specific suggestions
32.28regarding vehicle idling practices.
32.29 Subd. 2. Rulemaking. The rules adopted by the commissioner under
32.30
32.31subject to section
32.32rules continue in effect until repealed or superseded by other law or rule.
32.33EFFECTIVE DATE.This section is effective the day following final enactment.
33.1 Sec. 11. [171.075] ANATOMICAL GIFTS.
33.2 Subdivision 1. Anatomical gift account. An anatomical gift account is established
33.3in the special revenue fund. The account consists of funds donated under sections
33.4168.12, subdivision 5, and 171.06, subdivision 2, and any other money donated,
33.5allotted, transferred, or otherwise provided to the account. Money in the account is
33.6annually appropriated to the commissioner for: (1) grants under subdivision 2; and (2)
33.7administrative expenses in implementing the donation and grant program.
33.8 Subd. 2. Anatomical gift education grants. (a) The commissioner shall make
33.9grants to: (1) a Minnesota organ procurement organization that is certified by the federal
33.10Centers for Medicare and Medicaid Services; or (2) an entity that is a charitable entity
33.11under section 501(c)(3) of the Internal Revenue Code, as defined in section 289A.02,
33.12subdivision 7, and is dedicated to advocacy for organ, tissue, and eye donation.
33.13(b) From a grant under this section, the recipient shall provide resources and
33.14implement programs designed to increase the number of Minnesotans who register to
33.15be organ, tissue, and eye donors.
33.16EFFECTIVE DATE.This section is effective January 1, 2012.
33.17 Sec. 12. Minnesota Statutes 2010, section 171.13, subdivision 1, is amended to read:
33.18 Subdivision 1. Examination subjects and locations; provisions for color
33.19blindness, disabled veterans. (a) Except as otherwise provided in this section, the
33.20commissioner shall examine each applicant for a driver's license by such agency as the
33.21commissioner directs. This examination must include:
33.22(1) a test of the applicant's eyesight;
33.23(2) a test of the applicant's ability to read and understand highway signs regulating,
33.24warning, and directing traffic;
33.25(3) a test of the applicant's knowledge of (i) traffic laws;
33.26of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally,
33.27and of the legal penalties and financial consequences resulting from violations of laws
33.28prohibiting the operation of a motor vehicle while under the influence of alcohol or
33.29drugs;
33.30vehicle safety;
33.31significance of school bus lights, signals, stop arm, and passing a school bus;
33.32
33.33monoxide poisoning;
33.34(4) an actual demonstration of ability to exercise ordinary and reasonable control
33.35in the operation of a motor vehicle; and
34.1(5) other physical and mental examinations as the commissioner finds necessary to
34.2determine the applicant's fitness to operate a motor vehicle safely upon the highways
34.3
34.4(b) Notwithstanding paragraph (a), no driver's license
34.5applicant on the exclusive grounds that the applicant's eyesight is deficient in color
34.6perception.
34.7equipped for disabled persons,
34.8such license.
34.9(c) The commissioner shall make provision for giving
34.10this subdivision either in the county where the applicant resides or at a place adjacent
34.11thereto reasonably convenient to the applicant.
34.12EFFECTIVE DATE.This section is effective January 1, 2012.
34.13 Sec. 13. Minnesota Statutes 2010, section 171.13, is amended by adding a subdivision
34.14to read:
34.15 Subd. 1l. Driver's manual; carbon monoxide. The commissioner shall include in
34.16each edition of the driver's manual published by the department after August 1, 2011, a
34.17section that includes up-to-date lifesaving information on carbon monoxide poisoning.
34.18EFFECTIVE DATE.This section is effective the day following final enactment.
34.19 Sec. 14. Minnesota Statutes 2010, section 174.93, is amended to read:
34.20174.93 GUIDEWAY INVESTMENT.
34.21 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
34.22have the meanings given:
34.23(1) "commissioner" means the commissioner of transportation;
34.24(2) "guideway" means a form of transportation service provided to the public on a
34.25regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
34.26in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
34.27rail transit, streetcars, and bus rapid transit; and
34.28(3) "local unit of government" means a county, statutory or home rule charter city,
34.29town, or other political subdivision including, but not limited to, a regional railroad
34.30authority or joint powers board.
34.31(b) For purposes of this section, "sources of funds" includes, but is not limited to,
34.32money from federal aid, state appropriations, the Metropolitan Council, special taxing
34.33districts, local units of government, fare box recovery, and nonpublic sources.
35.1(c) For purposes of this section, "budget activity" includes, but is not limited
35.2to, environmental analysis, land acquisition, easements, design, preliminary and
35.3final engineering, acquisition of vehicles and rolling stock, track improvement and
35.4rehabilitation, and construction.
35.5 Subd. 1a. Capital project requests to legislature. A state agency or local unit of
35.6government that submits a request to the legislature to obtain state funds for a guideway
35.7project shall, as part of the request, provide a summary financial plan for the project that
35.8presents the following information as reflected by the data and level of detail available in
35.9the latest phase of project development:
35.10(1) capital expenditures and funding sources for the project, including expenditures
35.11to date and total projected or estimated expenditures, with a breakdown by committed and
35.12proposed sources of funds; and
35.13(2) estimated annual operations and maintenance expenditures for the project, with a
35.14breakdown by committed and proposed sources of funds.
35.15 Subd. 2. Legislative report. (a) By November 15 in every odd-numbered year,
35.16the commissioner shall prepare, in collaboration with the Metropolitan Council, and
35.17submit a report electronically to the chairs and ranking minority members of the
35.18
35.19policy and finance concerning the status of guideway projects (1) currently in study,
35.20planning, development, or construction; (2) identified in the transportation policy plan
35.21under section
35.22passenger rail plan under section
35.23(b) At a minimum, the report must include, for each guideway project:
35.24(1) a brief description of the project, including projected ridership;
35.25(2) a summary of the overall status and current phase of the project;
35.26(3) a timeline that includes (i) project phases or milestones; (ii) expected and known
35.27dates of commencement of each phase or milestone; and (iii) expected and known dates
35.28of completion of each phase or milestone;
35.29(4) a brief progress update on specific project phases or milestones completed since
35.30the last previous submission of a report under this subdivision; and
35.31(5) a summary financial plan that identifies, as reflected by the data and level of
35.32detail available in the latest phase of project development and to the extent available:
35.33(i) capital expenditures, including expenditures to date and total projected
35.34expenditures, with a breakdown by committed and proposed sources of funds for the
35.35project;
36.1(ii) estimated annual operations and maintenance expenditures
36.2
36.3committed and proposed sources of funds for the
36.4
36.5(iii) if feasible, project expenditures by budget activity.
36.6(c) The report must also include a systemwide capacity analysis for investment in
36.7guideway expansion and maintenance that:
36.8(1) provides a funding projection, annually over the ensuing 20 years, and with a
36.9breakdown by committed and proposed sources of funds, of:
36.10(i) total capital expenditures for guideways;
36.11(ii) total operations and maintenance expenditures for guideways;
36.12(iii) total funding available for guideways, including from projected or estimated
36.13farebox recovery; and
36.14(iv) total funding available for transit service in the metropolitan area; and
36.15(2) evaluates the availability of funds and distribution of sources of funds for
36.16guideway investments.
36.17(d) The projection under paragraph (c), clause (1), must be for all guideway lines
36.18for which state funds are reasonably expected to be expended in planning, development,
36.19construction, or revenue operation during the ensuing 20 years.
36.20(e) Local units of government shall provide assistance and information in a timely
36.21manner as requested by the commissioner or council for completion of the report.
36.22 Sec. 15. REPORT ON VEHICLE CRIMES UNIT.
36.23By February 1, 2015, the commissioner of public safety shall submit a report to the
36.24legislative committees having jurisdiction over transportation finance on the revenues
36.25generated by the Vehicle Crimes Unit. This report must be made available electronically
36.26and made available in print only upon request.
36.27 Sec. 16. REPORT ON ANATOMICAL GIFT ACCOUNT.
36.28The commissioner of public safety shall report to the chairs of the legislative
36.29committees having jurisdiction over transportation policy and finance on the receipts and
36.30expenditures under Minnesota Statutes, section 171.075. The commissioner shall submit
36.31the report by February 1, 2013.
36.32 Sec. 17. REVISOR'S INSTRUCTION.
37.1The revisor of statutes shall recodify Minnesota Statutes, section 171.13,
37.2subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k, and 1l, as Minnesota Statutes, section
37.3171.0705. The revisor shall correct any cross-references made necessary by this
37.4recodification.
37.5EFFECTIVE DATE.This section is effective the day following final enactment."
37.6Delete the title and insert:
37.8relating to government finance; appropriating money for transportation,
37.9Metropolitan Council, and public safety activities and programs; providing for
37.10fund transfers, tort claims, and certain contingent appropriations; providing
37.11for use of revenues from metropolitan transportation area sales tax; reducing
37.12funding for 2011 state road construction; authorizing transfers from metropolitan
37.13livable communities fund accounts, right-of-way loan acquisition fund for transit
37.14operating deficits, and Metropolitan Council operating budget; establishing
37.15accounts; modifying various provisions related to transportation finance and
37.16policy; modifying provisions related to licensing drivers; mandating and
37.17amending legislative reports; making technical and clarifying changes;amending
37.18Minnesota Statutes 2010, sections 16A.11, subdivision 3a; 16A.86, subdivision
37.193a; 161.04, by adding a subdivision; 162.06, subdivision 1; 162.12, subdivision
37.201; 168.12, subdivision 5; 168.1253, subdivision 1; 169.86, subdivision 5; 171.06,
37.21subdivision 2; 171.0701; 171.13, subdivision 1, by adding a subdivision; 174.93;
37.22297A.992, subdivision 5, by adding a subdivision; Laws 2009, chapter 36,
37.23article 1, section 3, subdivision 3, as amended; proposing coding for new law
37.24in Minnesota Statutes, chapter 171."