HF 153

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to transportation; creating metropolitan 
  1.3             transit authority in metropolitan area and 
  1.4             transferring to it certain powers and duties of 
  1.5             metropolitan council and commissioner of 
  1.6             transportation; authorizing imposition of sales and 
  1.7             use tax in member counties of the authority; making 
  1.8             conforming and clarifying changes; amending Minnesota 
  1.9             Statutes 2002, sections 16A.88; 169.781, subdivision 
  1.10            1; 169.791, subdivision 5; 169.792, subdivision 11; 
  1.11            174.03, subdivision 6a; 174.04, subdivisions 1, 2; 
  1.12            174.82; 174.88; 398A.04, subdivision 9; 473.388, 
  1.13            subdivision 7; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 297B; proposing coding for 
  1.15            new law as Minnesota Statutes, chapter 473J; repealing 
  1.16            Minnesota Statutes 2002, sections 297B.09, subdivision 
  1.17            1; 473.223.  
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19                             ARTICLE 1
  1.20                   METROPOLITAN TRANSIT AUTHORITY
  1.21     Section 1.  [473J.01] [DEFINITIONS.] 
  1.22     Subdivision 1.  [IN GENERAL.] Except as otherwise provided, 
  1.23  the definitions in this section and section 473.121 apply to 
  1.24  this chapter. 
  1.25     Subd. 2.  [AUTHORITY.] "Authority" means the metropolitan 
  1.26  transit authority established under section 473J.03. 
  1.27     Subd. 3.  [MEMBER COUNTY.] "Member county" is a county that 
  1.28  is a member of the authority under section 473J.07. 
  1.29     Sec. 2.  [473J.02] [PURPOSE.] 
  1.30     The metropolitan transit authority is established to 
  1.31  provide a coordinated and comprehensive structure for transit 
  2.1   planning, development, organization, ownership, and operation in 
  2.2   the counties that are members of the authority. 
  2.3      Sec. 3.  [473J.03] [METROPOLITAN TRANSIT AUTHORITY.] 
  2.4      Subdivision 1.  [MEMBERSHIP; VOTING.] (a) A metropolitan 
  2.5   transit authority is established and consists of one 
  2.6   representative from each member county. 
  2.7      (b) In all proceedings before the authority, each member 
  2.8   county has one vote for each 100,000 population, according to 
  2.9   the most recent federal decennial census. 
  2.10     Subd. 2.  [CHAIR; OTHER OFFICERS.] The members shall select 
  2.11  a person who represents one of the member counties to serve as 
  2.12  chair for a term as provided for by the authority in its bylaws. 
  2.13  The authority shall appoint other officers as provided for in 
  2.14  its bylaws. 
  2.15     Subd. 3.  [COMPENSATION.] Compensation of the members of 
  2.16  the authority is governed by section 15.0575, subdivision 3. 
  2.17     Subd. 4.  [BUDGET.] The authority shall adopt a budget for 
  2.18  each state fiscal year that includes revenue and expenditures 
  2.19  for administration, including compensation for members and 
  2.20  staff, as well as expenditures related to transit planning, 
  2.21  ownership, and operation. 
  2.22     Sec. 4.  [473J.04] [POWERS AND DUTIES.] 
  2.23     Subdivision 1.  [GENERAL POWERS.] The authority has and 
  2.24  shall exercise all powers that may be necessary or convenient to 
  2.25  enable it to perform and carry out the duties and 
  2.26  responsibilities now existing or that may be imposed upon it by 
  2.27  law after June 30, 2004.  Powers include the specific powers 
  2.28  enumerated in this section and sections 174.82 and 174.88. 
  2.29     Subd. 2.  [ESTABLISHMENT AND OPERATION OF TRANSIT.] The 
  2.30  authority shall establish and operate commuter rail 
  2.31  transportation, light rail transit, and the regional bus transit 
  2.32  system in the member counties.  The authority shall ensure that 
  2.33  all of these services are interconnected and coordinated to 
  2.34  provide commuters and transit users a well-integrated and 
  2.35  efficient service. 
  2.36     Subd. 3.  [EMPLOYEES.] (a) The authority shall appoint a 
  3.1   chief administrator, as provided in section 473J.05, who may 
  3.2   appoint other employees as provided by the authority.  
  3.3      (b) The authority shall prescribe all terms and conditions 
  3.4   for the employment of its employees including, but not limited 
  3.5   to, adopting a compensation and classification plan for its 
  3.6   employees.  Employees of the authority are public employees and 
  3.7   are members of the Minnesota state retirement system.  
  3.8      (c) Those employed by a predecessor of the authority and 
  3.9   transferred to it may, at their option, become members of the 
  3.10  Minnesota state retirement system or may continue as members of 
  3.11  the public retirement association to which they belonged as 
  3.12  employees of the predecessor.  The authority shall make the 
  3.13  employer's contributions to pension funds of its employees. 
  3.14     Subd. 4.  [CONSULTING CONTRACTS.] The authority may 
  3.15  contract for the services of consultants who perform 
  3.16  engineering, legal, or other services of a professional nature. 
  3.17     Subd. 5.  [GIFTS AND APPROPRIATIONS.] The authority may 
  3.18  accept gifts; may apply for and use grants or loans of money or 
  3.19  other property from the United States, the state, or any person 
  3.20  for any authority purpose, and enter into agreements required in 
  3.21  connection therewith; and may hold, use, and dispose of money or 
  3.22  property in accordance with the terms of the gift, grant, loan, 
  3.23  or related agreement. 
  3.24     Subd. 6.  [PROPERTY.] The authority may acquire, own, hold, 
  3.25  use, improve, operate, maintain, lease, exchange, transfer, 
  3.26  sell, or otherwise dispose of any personal or real property, 
  3.27  franchise, easement, or property right or interest of any kind. 
  3.28     Subd. 7.  [EMINENT DOMAIN.] The authority has the power of 
  3.29  eminent domain to acquire property necessary for implementation 
  3.30  and operation of public transit in the member counties.  In 
  3.31  exercising the power of eminent domain, the authority shall pay 
  3.32  relocation costs as required in section 117.52. 
  3.33     Subd. 8.  [INSURANCE.] The authority may provide for 
  3.34  self-insurance or otherwise provide for insurance relating to 
  3.35  any of its property, rights, or revenue; workers' compensation; 
  3.36  public liability; or any other risk or hazard arising from its 
  4.1   activities.  The authority may insure any of its officers or 
  4.2   employees against the risk or hazard at the expense of the 
  4.3   authority.  If the authority provides for self-insurance against 
  4.4   its liability and the liability of its officers, employees, and 
  4.5   agents for damages resulting from its torts and those of its 
  4.6   officers, employees, and agents, including its obligation to pay 
  4.7   basic economic loss benefits under sections 65B.41 to 65B.71, it 
  4.8   may deduct from damages and basic economic loss benefits all 
  4.9   money paid or payable to the persons seeking damages and 
  4.10  benefits from all governmental entities providing medical, 
  4.11  hospital, and disability benefits except for payments made under 
  4.12  the temporary assistance for needy families or medical 
  4.13  assistance programs. 
  4.14     Subd. 9.  [ACTIONS.] The authority may sue and be sued. 
  4.15     Subd. 10.  [AUDIT.] The authority must be audited at least 
  4.16  once each year.  The authority may elect to be audited by a 
  4.17  certified public accountant or by the state auditor.  The audit 
  4.18  report must be filed as provided in section 3.195, subdivision 
  4.19  1, paragraph (a). 
  4.20     Subd. 11.  [BYLAWS.] The authority shall adopt bylaws 
  4.21  governing its administration, including conduct of meetings and 
  4.22  selection of officers. 
  4.23     Subd. 12.  [ADVISORY COMMITTEES.] The authority may 
  4.24  establish and appoint persons to advisory committees to assist 
  4.25  the authority in the performance of its duties.  Members of the 
  4.26  advisory committees shall serve without compensation but must be 
  4.27  reimbursed for their reasonable expenses as determined by the 
  4.28  authority. 
  4.29     Subd. 13.  [FEDERAL AID.] If federal aid for transportation 
  4.30  programs and projects is otherwise unavailable to an existing 
  4.31  agency or political subdivision, the authority may cooperate 
  4.32  with any federal agency to establish eligibility to receive 
  4.33  federal aid, and may comply with the provisions of federal law 
  4.34  and regulations governing federal aid.  The authority may accept 
  4.35  federal aid for and on behalf of the metropolitan area, one or 
  4.36  more member counties, or any state agency or political 
  5.1   subdivision, for transportation programs and projects within the 
  5.2   authority's jurisdiction upon the terms and conditions 
  5.3   prescribed by federal law or regulation.  The authority may act 
  5.4   as agent of any state agency or political subdivision with 
  5.5   jurisdiction in the metropolitan area or in any member county 
  5.6   upon request of the agency or political subdivision in accepting 
  5.7   the aid in its behalf for programs or projects financed either 
  5.8   in whole or in part by federal aid.  The governing body of any 
  5.9   political subdivision in a member county is authorized to 
  5.10  designate the authority as its agent for these purposes and to 
  5.11  enter into an agreement with the authority prescribing the terms 
  5.12  and conditions of the agency relationship in accordance with 
  5.13  state and federal laws, rules, and regulations.  The authority 
  5.14  may designate an appropriate state agency as its agent for these 
  5.15  purposes and to enter into an agreement with the agency 
  5.16  prescribing the terms and conditions of the agency relationship 
  5.17  in accordance with state and federal laws, rules, and 
  5.18  regulations. 
  5.19     Subd. 14.  [TAXATION.] All authority of the metropolitan 
  5.20  council as of June 30, 2004, to levy taxes on real property 
  5.21  within the seven-county metropolitan area for public transit 
  5.22  purposes is transferred to the metropolitan transit authority on 
  5.23  July 1, 2004. 
  5.24     Sec. 5.  [473J.07] [CHIEF ADMINISTRATOR.] 
  5.25     (a) The authority shall appoint a chief administrator to 
  5.26  serve at the authority's pleasure as the principal 
  5.27  administrative officer for the authority.  The chief 
  5.28  administrator shall organize the work of the authority's staff.  
  5.29  The chief administrator shall appoint on the basis of merit and 
  5.30  fitness, and discipline and discharge all employees in 
  5.31  accordance with the authority's personnel policy. 
  5.32     (b) The chief administrator shall ensure that all policy 
  5.33  decisions of the authority are carried out.  The chief 
  5.34  administrator shall recommend to the authority for adoption 
  5.35  measures deemed necessary for efficient administration of the 
  5.36  authority, keep the authority fully apprised of its financial 
  6.1   condition, and prepare and submit an annual budget to the 
  6.2   authority for approval. 
  6.3      Sec. 6.  [473J.08] [INITIAL FACILITIES; STAFFING.] 
  6.4      The metropolitan council shall provide the metropolitan 
  6.5   transit authority with administrative and staff support and 
  6.6   facilities until the authority establishes its initial budget 
  6.7   and work program and has hired a chief administrator. 
  6.8      Sec. 7.  [473J.09] [COUNTY PARTICIPATION IN METROPOLITAN 
  6.9   TRANSPORTATION AUTHORITY.] 
  6.10     Subdivision 1.  [ELIGIBILITY.] Any of the following 
  6.11  counties is eligible to become a member county of the authority: 
  6.12     (1) a county in the metropolitan area; 
  6.13     (2) a county contiguous to a member county in the 
  6.14  metropolitan area; and 
  6.15     (3) a county that is contiguous to a county described in 
  6.16  clause (2). 
  6.17     Subd. 2.  [MEMBERSHIP.] (a) Each county in which membership 
  6.18  has been approved in a referendum under paragraph (b) is a 
  6.19  member of the authority unless the county board withdraws from 
  6.20  the authority under subdivision 3. 
  6.21     (b) The county board of each eligible county may by 
  6.22  resolution, and shall upon presentation of a valid petition 
  6.23  signed by at least 20 percent of the registered voters in a 
  6.24  county requesting the referendum, conduct a referendum on the 
  6.25  question of whether the county should be a member of the 
  6.26  authority. 
  6.27     Subd. 3.  [WITHDRAWAL.] The county board of a county 
  6.28  belonging to the authority may by resolution, and shall if 
  6.29  presented with a valid petition signed by at least 20 percent of 
  6.30  the registered voters in a county requesting the referendum, 
  6.31  order a referendum on the question of whether the county should 
  6.32  continue to be a member of the authority and whether the 
  6.33  authority will continue to collect the regional sales tax 
  6.34  authorized under section 473J.08 in the county.  A referendum 
  6.35  under this subdivision may not be held sooner than November 1, 
  6.36  2007, and no more often than once every six years thereafter. 
  7.1      Subd. 4.  [EFFECTS OF WITHDRAWAL.] A county in which a 
  7.2   majority of persons voting on the question in a referendum under 
  7.3   subdivision 2 have voted in favor of withdrawing from the 
  7.4   authority shall cease to be a member of the authority on January 
  7.5   1 next following the referendum.  The authority may not collect 
  7.6   a sales tax under section 473J.08 in a county where the most 
  7.7   recent referendum on the question of county participation in the 
  7.8   authority has resulted in withdrawal.  The authority may reduce 
  7.9   or eliminate transportation service in any county that has 
  7.10  withdrawn from the authority, or may contract with the county to 
  7.11  provide that service. 
  7.12     Subd. 5.  [READMITTANCE.] The county board of a county that 
  7.13  has withdrawn from the authority may by resolution, and shall if 
  7.14  presented with a valid petition signed by at least 20 percent of 
  7.15  the registered voters in a county requesting the referendum, 
  7.16  order a referendum on the question of whether the county should 
  7.17  rejoin the authority and whether the authority will be permitted 
  7.18  to collect the regional sales tax authorized under section 
  7.19  473J.08 in the county. 
  7.20     Subd. 6.  [EFFECTS OF READMITTANCE.] A county where a 
  7.21  majority of persons voting on the question in a referendum under 
  7.22  subdivision 5 has voted in favor of membership in the authority 
  7.23  becomes a member of the authority on January 1 next following 
  7.24  the referendum.  The authority may begin collecting the regional 
  7.25  sales tax authorized under section 473J.08 in a county joining 
  7.26  the authority under subdivision 5 on that date. 
  7.27     Subd. 7.  [REFERENDUM.] A referendum authorized under this 
  7.28  section may be conducted at a general election or special 
  7.29  election called for the purpose, and must be held in the manner 
  7.30  provided in section 375.20. 
  7.31     Sec. 8.  [473J.10] [IMPOSITION OF SALES, USE, AND EXCISE 
  7.32  TAX.] 
  7.33     Subdivision 1.  [SALES AND USE TAX AUTHORIZED.] 
  7.34  Notwithstanding section 477A.016 or any other provision of law, 
  7.35  ordinance, or city charter, the authority may by resolution 
  7.36  impose in any member county a sales and use tax on sales in that 
  8.1   county for the purposes specified in subdivision 3.  Except as 
  8.2   otherwise provided in this section, section 297A.99 governs the 
  8.3   imposition, administration, collection, and enforcement of the 
  8.4   tax authorized under this subdivision. 
  8.5      Subd. 2.  [EXCISE TAX AUTHORIZED.] Notwithstanding section 
  8.6   477A.016 or any other provision of law, ordinance, or city 
  8.7   charter, the authority may by resolution impose in any member 
  8.8   county, for the purposes specified in subdivision 3, an excise 
  8.9   tax of up to $20 per motor vehicle, as defined by resolution, 
  8.10  purchased or acquired from any person engaged within the county 
  8.11  in the business of selling motor vehicles at retail. 
  8.12     Subd. 3.  [DETERMINATION OF RATE OF TAX.] If authorized 
  8.13  under subdivision 1, the authority shall levy the tax in each 
  8.14  county where a levy is authorized at a rate sufficient to meet 
  8.15  the authority's obligations and provide transit service in those 
  8.16  counties, up to a maximum rate of one-half of one percent. 
  8.17     Subd. 4.  [USE OF REVENUES.] Revenues received from taxes 
  8.18  authorized by subdivisions 1 and 2 must be used by the authority 
  8.19  to pay for the cost of collecting the taxes, for the expenses of 
  8.20  the authority, and for the following purposes: 
  8.21     (1) payment of the capital and operating costs of bus, 
  8.22  light rail, and commuter rail transit provided by the authority; 
  8.23  and 
  8.24     (2) payment of principal and interest on bonds and other 
  8.25  indebtedness authorized by the authority. 
  8.26     Sec. 9.  [473J.11] [BORROWING MONEY.] 
  8.27     Subdivision 1.  [BONDS.] The authority may issue general 
  8.28  obligation bonds to provide funds for capital expenditures for 
  8.29  bus transit, light rail transit, and commuter rail 
  8.30  transportation.  The authority shall provide for the issuance, 
  8.31  sale, and security of the bonds in the manner provided in 
  8.32  chapter 475, and has the same powers and duties as a 
  8.33  municipality issuing bonds under that law, except that no 
  8.34  election is required and the net debt limitations in chapter 475 
  8.35  do not apply to the bonds.  The obligations are not a debt of 
  8.36  the state or any municipality or political subdivision within 
  9.1   the meaning of any debt limitation or requirement pertaining to 
  9.2   those entities.  Neither the state, nor any municipality or 
  9.3   political subdivision except the authority, nor any member or 
  9.4   officer or employee of the authority, is liable on the 
  9.5   obligations.  The obligations may be secured by revenue from 
  9.6   taxes imposed under section 473J.08. 
  9.7      Subd. 2.  [SHORT-TERM INDEBTEDNESS.] The authority may 
  9.8   issue certificates of indebtedness or capital notes to purchase 
  9.9   equipment to be owned and used by the authority and having an 
  9.10  expected useful life of at least as long as the terms of the 
  9.11  certificates or notes.  The certificates or notes must be 
  9.12  payable in not more than five years and must be issued on the 
  9.13  terms and in a manner as the authority may determine, and for 
  9.14  this purpose the authority may secure payment of the 
  9.15  certificates or notes by resolution or by trust indenture 
  9.16  entered into by the authority with a corporate trustee within or 
  9.17  outside the state and by a mortgage in the equipment financed.  
  9.18  The certificates or notes may be secured by revenue from taxes 
  9.19  imposed under section 473J.08. 
  9.20     Sec. 10.  [473J.12] [PLANNING REQUIREMENTS.] 
  9.21     Subdivision 1.  [COMPREHENSIVE TRANSIT PLAN.] After holding 
  9.22  public hearings, the metropolitan transit authority shall adopt 
  9.23  by July 1, 2003, a comprehensive transit plan for the 
  9.24  metropolitan area and all other member counties, including bus, 
  9.25  light rail, and commuter rail transit.  The report must: 
  9.26     (1) provide an inventory of all transit physical and 
  9.27  financial resources in the authority's jurisdiction; 
  9.28     (2) summarize the current state of all relevant transit 
  9.29  plans that apply to the jurisdiction; 
  9.30     (3) identify the authority's transportation goals; and 
  9.31     (4) state the authority's short-term, medium-term, and 
  9.32  long-term objectives and its strategy for achieving those 
  9.33  objectives. 
  9.34     Subd. 2.  [RELATIONSHIP WITH OTHER PLANS.] The plan adopted 
  9.35  under subdivision 1 must conform to the commissioner of 
  9.36  transportation's state transportation plan and, within the 
 10.1   metropolitan area, the metropolitan council's transportation 
 10.2   policy plan and metropolitan development guide. 
 10.3      Subd. 3.  [ADOPTION OF PLAN; SCHEDULED REVISIONS.] The 
 10.4   authority shall: 
 10.5      (1) adopt a preliminary comprehensive transit plan by 
 10.6   October 1, 2003; 
 10.7      (2) adopt a final comprehensive transportation plan by 
 10.8   March 1, 2004; and 
 10.9      (3) prepare and publish a revised comprehensive 
 10.10  transportation plan by March 1 of each even-numbered year 
 10.11  thereafter. 
 10.12     Subd. 4.  [EFFECT OF PLAN.] The authority may take no 
 10.13  action inconsistent with the final comprehensive transportation 
 10.14  plan as revised. 
 10.15     Sec. 11.  [TRANSITION; METROPOLITAN COUNCIL.] 
 10.16     Subdivision 1.  [TRANSFER OF OPERATIONS.] The metropolitan 
 10.17  council's powers and duties related to the planning, financing, 
 10.18  coordination, and operation of transit, including light rail 
 10.19  transit, in the metropolitan area are transferred to the 
 10.20  metropolitan transit authority, effective July 1, 2004.  
 10.21  Minnesota Statutes, section 15.039, applies to the transfer of 
 10.22  the council's powers, duties, and assets to the authority to the 
 10.23  extent practicable. 
 10.24     Subd. 2.  [TRANSFER OF OTHER AUTHORITY.] The metropolitan 
 10.25  council's authority to make contracts with eligible recipients 
 10.26  for financial assistance to transit service within the 
 10.27  metropolitan area is transferred to the metropolitan transit 
 10.28  authority. 
 10.29     Subd. 3.  [ADVISORY COMMITTEES.] All advisory committees 
 10.30  established by the metropolitan council relating to bus transit 
 10.31  become advisory committees of the metropolitan transit authority.
 10.32     Subd. 4.  [RIDESHARING PROGRAM.] The authority of the 
 10.33  metropolitan council to establish and implement a ridesharing 
 10.34  program under section 473.375, subdivision 11, is transferred to 
 10.35  the metropolitan transit authority. 
 10.36     Subd. 5.  [LEGISLATIVE PROPOSAL.] The metropolitan transit 
 11.1   authority and metropolitan council shall jointly prepare and 
 11.2   submit to the legislature by February 1, 2003, proposed 
 11.3   legislation to implement the transfer of authority under 
 11.4   subdivisions 1 to 4. 
 11.5      Sec. 12.  [TRANSITION; OTHER POLITICAL SUBDIVISIONS.] 
 11.6      The metropolitan transit authority may enter into an 
 11.7   agreement with any political subdivision outside the 
 11.8   seven-county metropolitan area that (1) is a member county or is 
 11.9   located in a member county and (2) operates a public transit 
 11.10  system.  The agreement may provide for the operation of the 
 11.11  public transit system by the authority, the transfer of any 
 11.12  powers and duties from the political subdivision that are 
 11.13  necessary for operation by the authority, and financial 
 11.14  contributions, if any, by the political subdivision to the 
 11.15  authority. 
 11.16     Sec. 13.  [EFFECTIVE DATE.] 
 11.17     Sections 1 to 11 are effective June 1, 2004, except that 
 11.18  section 11, subdivision 3, is effective July 1, 2003. 
 11.19                             ARTICLE 2
 11.20                        FINANCING OF TRANSIT
 11.21     Section 1.  Minnesota Statutes 2002, section 16A.88, is 
 11.22  amended to read: 
 11.23     16A.88 [GREATER MINNESOTA TRANSIT FUNDS FUND; 
 11.24  APPROPRIATION.] 
 11.25     Subdivision 1.  [GREATER MINNESOTA TRANSIT FUND.] The 
 11.26  greater Minnesota transit fund is established within the state 
 11.27  treasury.  Money in the fund is annually appropriated to the 
 11.28  commissioner of transportation for assistance to transit systems 
 11.29  outside the metropolitan area under section 174.24.  Beginning 
 11.30  in fiscal year 2003, the commissioner may use up to $400,000 
 11.31  each year for administration of the transit program. 
 11.32     Subd. 2.  [METROPOLITAN AREA TRANSIT FUND.] The 
 11.33  metropolitan area transit fund is established within the state 
 11.34  treasury.  All money in the fund is annually appropriated to the 
 11.35  metropolitan council for the funding of transit systems within 
 11.36  the metropolitan area under sections 473.384, 473.387, 473.388, 
 12.1   and 473.405 to 473.449. 
 12.2      Subd. 3.  [METROPOLITAN AREA TRANSIT APPROPRIATION 
 12.3   ACCOUNT.] The metropolitan area transit appropriation account is 
 12.4   established within the general fund.  Money in the account is to 
 12.5   be used for the funding of transit systems in the metropolitan 
 12.6   area, subject to legislative appropriation.  
 12.7      Sec. 2.  [297B.091] [DEPOSIT OF REVENUE.] 
 12.8      Money collected and received under this chapter must be 
 12.9   deposited as follows: 
 12.10     (a) Thirty-two percent must be deposited in the highway 
 12.11  user tax distribution fund. 
 12.12     (b) 1.25 percent must be deposited in the greater Minnesota 
 12.13  transit fund under section 16A.88. 
 12.14     (c) The remaining money must be deposited in the general 
 12.15  fund.  
 12.16     Sec. 3.  Minnesota Statutes 2002, section 473.388, 
 12.17  subdivision 7, is amended to read: 
 12.18     Subd. 7.  [LOCAL LEVY OPTION.] (a) A statutory or home rule 
 12.19  charter city or town that is eligible for assistance under this 
 12.20  section may levy a tax for payment of obligations issued by the 
 12.21  municipality for capital expenditures for transit and other 
 12.22  related activities, provided that property taxes were pledged to 
 12.23  satisfy the obligations, and provided that legislative 
 12.24  appropriations are financial assistance from the metropolitan 
 12.25  transit authority is insufficient to satisfy the obligations. 
 12.26     (b) This subdivision is consistent with the transit 
 12.27  redesign plan.  Eligible municipalities opting to operate under 
 12.28  this subdivision shall continue to meet the regional performance 
 12.29  standards established by the council metropolitan transit 
 12.30  authority. 
 12.31     (c) Within the designated Americans with Disabilities Act 
 12.32  area, metro mobility remains the obligation of the state. 
 12.33     Sec. 4.  [REPEALER.] 
 12.34     Minnesota Statutes 2002, section 297B.09, subdivision 1, is 
 12.35  repealed.  
 12.36     Sec. 5.  [EFFECTIVE DATE.] 
 13.1      Sections 1 to 4 are effective July 1, 2004.  
 13.2                              ARTICLE 3
 13.3                        CONFORMING AMENDMENTS
 13.4      Section 1.  Minnesota Statutes 2002, section 169.781, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 13.7   169.781 to 169.783: 
 13.8      (a) "Commercial motor vehicle" means: 
 13.9      (1) a commercial motor vehicle as defined in section 
 13.10  169.01, subdivision 75, paragraph (a); and 
 13.11     (2) each vehicle in a combination of more than 26,000 
 13.12  pounds. 
 13.13  "Commercial motor vehicle" does not include (1) a school bus or 
 13.14  Head Start bus displaying a certificate under section 169.451, 
 13.15  (2) a bus operated by the metropolitan council transit authority 
 13.16  or by a local transit commission created in chapter 458A, or (3) 
 13.17  a motor vehicle with a gross weight of not more than 26,000 
 13.18  pounds, carrying in bulk tanks a total of not more than 200 
 13.19  gallons of petroleum products or liquid fertilizer or pesticide. 
 13.20     (b) "Commissioner" means the commissioner of public safety. 
 13.21     (c) "Owner" means a person who owns, or has control, under 
 13.22  a lease of more than 30 days' duration, of one or more 
 13.23  commercial motor vehicles. 
 13.24     (d) "Storage semitrailer" means a semitrailer that (1) is 
 13.25  used exclusively to store property at a location not on a street 
 13.26  or highway, (2) does not contain any load when moved on a street 
 13.27  or highway, (3) is operated only during daylight hours, and (4) 
 13.28  is marked on each side of the semitrailer "storage only" in 
 13.29  letters at least six inches high. 
 13.30     (e) "Building mover vehicle" means a vehicle owned or 
 13.31  leased by a building mover as defined in section 221.81, 
 13.32  subdivision 1, paragraph (a), and used exclusively for moving 
 13.33  buildings. 
 13.34     Sec. 2.  Minnesota Statutes 2002, section 169.791, 
 13.35  subdivision 5, is amended to read: 
 13.36     Subd. 5.  [EXEMPTIONS.] Buses or other commercial vehicles 
 14.1   operated by the metropolitan council transit authority, 
 14.2   commercial vehicles required to file proof of insurance pursuant 
 14.3   to chapter 221, and school buses as defined in section 171.01, 
 14.4   subdivision 45, are exempt from this section. 
 14.5      Sec. 3.  Minnesota Statutes 2002, section 169.792, 
 14.6   subdivision 11, is amended to read: 
 14.7      Subd. 11.  [EXEMPTIONS.] Buses or other commercial vehicles 
 14.8   operated by the metropolitan council transit authority, 
 14.9   commercial vehicles required to file proof of insurance pursuant 
 14.10  to chapter 221, and school buses as defined in section 171.01, 
 14.11  subdivision 45, are exempt from this section. 
 14.12     Sec. 4.  Minnesota Statutes 2002, section 174.03, 
 14.13  subdivision 6a, is amended to read: 
 14.14     Subd. 6a.  [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 
 14.15  If the commissioner considers congestion pricing, tolls, mileage 
 14.16  pricing, or public-private partnerships in order to meet the 
 14.17  transportation needs of commuters in the department's 
 14.18  metropolitan district between 2001 and 2020, the commissioner 
 14.19  shall, in cooperation with the metropolitan council, the 
 14.20  metropolitan transit authority, and the regional railroad 
 14.21  authorities in the district, compare the economics of these 
 14.22  financing methods with the economics of nonhighway alternatives 
 14.23  for moving commuters.  The commissioner shall analyze the 
 14.24  economics as they relate to both individuals and to the 
 14.25  transportation system. 
 14.26     Sec. 5.  Minnesota Statutes 2002, section 174.04, 
 14.27  subdivision 1, is amended to read: 
 14.28     Subdivision 1.  [REVIEW OF APPLICATION.] (a) Any state 
 14.29  agency which that receives an application from a regional 
 14.30  development commission, metropolitan council, public transit 
 14.31  commission, metropolitan transit authority, airport commission, 
 14.32  port authority or other political subdivision of the state, or 
 14.33  any nonpublic organization, for financial assistance for 
 14.34  transportation planning, capital expenditures or operations to 
 14.35  any state or federal agency, shall first submit the application 
 14.36  to the commissioner of transportation.  The commissioner shall 
 15.1   review the application to determine whether it contains matters 
 15.2   that substantially affect the statewide transportation plan and 
 15.3   priorities. 
 15.4      (b) If the application does not contain such these matters, 
 15.5   the commissioner shall, within 15 days after receipt, return the 
 15.6   application to the applicant political subdivision or nonpublic 
 15.7   organization for forwarding to the appropriate agency. 
 15.8      (c) If the application contains such these matters, the 
 15.9   commissioner shall review and comment on the application as 
 15.10  being consistent with the plan and priorities.  The commissioner 
 15.11  shall return the application together with comments within 45 
 15.12  days after receipt to the applicant political subdivision or 
 15.13  nonpublic organization for forwarding with the commissioner's 
 15.14  comments to the appropriate agency. 
 15.15     Sec. 6.  Minnesota Statutes 2002, section 174.04, 
 15.16  subdivision 2, is amended to read: 
 15.17     Subd. 2.  [DESIGNATED AGENT.] A regional development 
 15.18  commission, metropolitan council, public transit commission, 
 15.19  metropolitan transit authority, airport commission, port 
 15.20  authority, or any other political subdivision of the state, or 
 15.21  any nonpublic organization, may designate the commissioner as 
 15.22  its agent to receive and disburse funds by entering into an 
 15.23  agreement with the commissioner prescribing the terms and 
 15.24  conditions of the receipt and expenditure of the funds in 
 15.25  accordance with federal and state laws, rules, and regulations. 
 15.26     Sec. 7.  Minnesota Statutes 2002, section 174.82, is 
 15.27  amended to read: 
 15.28     174.82 [COMMISSIONER'S DUTIES RELATING TO COMMUTER RAIL 
 15.29  SERVICE.] 
 15.30     Subdivision 1.  [COMMISSIONER'S DUTIES BEFORE JULY 1, 
 15.31  2004.] Until July 1, 2004, the commissioner shall be of 
 15.32  transportation is responsible for all aspects of planning, 
 15.33  developing, constructing, operating, and maintaining commuter 
 15.34  rail, including system planning, advanced corridor planning, 
 15.35  preliminary engineering, final design, construction, negotiating 
 15.36  with railroads, and developing financial and operating plans.  
 16.1   The commissioner may enter into a memorandum of understanding or 
 16.2   agreement with a public or private entity, including a regional 
 16.3   railroad authority, a joint powers board, and a railroad, to 
 16.4   carry out these activities. 
 16.5      Subd. 2.  [DUTIES TRANSFERRED TO AUTHORITY.] On and after 
 16.6   July 1, 2004, the duties of the commissioner of transportation 
 16.7   under subdivision 1 are transferred to the metropolitan transit 
 16.8   authority.  All contracts and memorandums of understanding 
 16.9   entered into by the commissioner under subdivision 1, and all 
 16.10  advanced corridor plans and physical design components relating 
 16.11  to commuter rail service, become the responsibility of the 
 16.12  authority on that date. 
 16.13     Sec. 8.  Minnesota Statutes 2002, section 174.88, is 
 16.14  amended to read: 
 16.15     174.88 [COMMUTER RAIL FUNDING.] 
 16.16     Subdivision 1.  [FEDERAL FUND APPLICATIONS.] The 
 16.17  commissioner metropolitan transit authority, in cooperation with 
 16.18  appropriate metropolitan planning organizations, may apply for 
 16.19  funding from federal, state, regional, local, and private 
 16.20  sources for commuter rail facility construction, operation, 
 16.21  implementation, maintenance, and improvement. 
 16.22     Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The 
 16.23  commissioner metropolitan transit authority shall not spend any 
 16.24  state funds for construction or equipment of commuter rail 
 16.25  facilities unless the funds have been appropriated by law 
 16.26  specifically for those purposes.  The commissioner authority 
 16.27  shall not spend state funds to study commuter rail unless the 
 16.28  funds are appropriated in legislation that identifies the route, 
 16.29  including origin and destination. 
 16.30     Sec. 9.  Minnesota Statutes 2002, section 398A.04, 
 16.31  subdivision 9, is amended to read: 
 16.32     Subd. 9.  [AGREEMENTS.] The authority may enter into joint 
 16.33  powers agreements under section 471.59 or other agreements with 
 16.34  the municipality or municipalities named in the organization 
 16.35  agreement; with other municipalities situated in the counties 
 16.36  named in the resolution, respecting the matters referred to in 
 17.1   section 398A.06; with another authority; with a state agency; or 
 17.2   with the metropolitan council or metropolitan transit authority 
 17.3   about any matter subject to this chapter. 
 17.4      Sec. 10.  [REVISOR'S INSTRUCTIONS.] 
 17.5      (a) The revisor of statutes shall change the term 
 17.6   "metropolitan council" to "metropolitan transit authority" in 
 17.7   Minnesota Statutes, sections 216C.15, subdivision 1; 221.022; 
 17.8   221.031, subdivision 3a; 221.295; 352.03, subdivision 1; 353.64, 
 17.9   subdivision 7a; and 398A.04, subdivisions 1 and 2.  
 17.10     (b) The revisor of statutes shall change any reference in 
 17.11  Minnesota Statutes to "section 297B.09" or to "section 297B.09, 
 17.12  subdivision 1" to "section 297B.091." 
 17.13     (c) The revisor of statutes shall recodify Minnesota 
 17.14  Statutes, section 174.82 as 473J.05 and 174.88 as 473J.06 and 
 17.15  make any necessary cross-reference corrections. 
 17.16     Sec. 11.  [REPEALER.] 
 17.17     Minnesota Statutes 2002, section 473.223, is repealed. 
 17.18     Sec. 12.  [EFFECTIVE DATE.] 
 17.19     Sections 1 to 6 and 8 to 11 are effective July 1, 2004.  
 17.20  Section 7 is effective July 1, 2003.