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Office of the Revisor of Statutes

HF 861

CCR-HF0861 - 90th Legislature (2017 - 2018)

Posted on 05/09/2017 11:08 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 861 1.2A bill for an act 1.3relating to transportation finance; establishing the budget for transportation 1.4activities; modifying various provisions governing transportation finance and 1.5policy; establishing a fund; requiring reports; appropriating money; authorizing 1.6the sale and issuance of state bonds;amending Minnesota Statutes 2016, sections 1.716A.88, subdivision 2; 53C.01, subdivision 2; 115A.908, subdivision 2; 117.189; 1.8160.18, by adding a subdivision; 161.081, subdivision 3; 161.088, subdivisions 4, 1.95, 7; 161.115, subdivision 190; 161.14, by adding subdivisions; 161.321, 1.10subdivision 6; 161.38, by adding a subdivision; 161.44, subdivisions 5, 6a, by 1.11adding a subdivision; 162.145, subdivision 2; 168.021, subdivisions 1, 2, 2a; 1.12168.27, by adding a subdivision; 168.33, subdivision 2; 168A.09, subdivision 1; 1.13169.011, subdivision 34; 169.18, subdivisions 5, 7; 169.345, subdivisions 1, 3; 1.14169.442, subdivision 5; 169.443, subdivision 2; 169.444, subdivision 2; 169.449, 1.15subdivision 1; 169.4501, subdivisions 1, 2; 169.4503, subdivisions 4, 7, 14, 23, 1.1630; 169.64, subdivision 8; 169.865, subdivision 3; 171.02, subdivision 2b; 171.06, 1.17subdivision 2a; 171.061, subdivision 3; 171.12, subdivision 6; 173.02, subdivisions 1.1818, 23, by adding subdivisions; 173.06, subdivision 1; 173.07, subdivision 1; 1.19173.08, by adding subdivisions; 173.13, subdivision 11; 173.16, by adding 1.20subdivisions; 174.03, subdivisions 1a, 1c, by adding a subdivision; 174.50, 1.21subdivisions 5, 6b, 6c, 7; 174.56, subdivisions 1, 2, by adding a subdivision; 174.93; 1.22219.166; 219.20, subdivision 1; 221.031, by adding a subdivision; 222.49; 222.50, 1.23subdivision 6, by adding a subdivision; 299D.03, subdivision 6; 473.13, subdivision 1.241; 473.146, subdivision 3; 473.388, subdivision 4; 473.39, by adding a subdivision; 1.25473.3994, by adding subdivisions; 473.4051, subdivision 3; Laws 2015, chapter 1.2675, article 1, section 3, subdivision 3; proposing coding for new law in Minnesota 1.27Statutes, chapters 168; 169; 173; 174; 219; 398A; 471; 473; repealing Minnesota 1.28Statutes 2016, sections 161.115, subdivision 32; 169.4502, subdivision 5; 473.4051, 1.29subdivision 2; Minnesota Rules, parts 8810.0800, subpart 3; 8810.1300, subpart 1.304. 1.31May 9, 2017 1.32The Honorable Kurt L. Daudt 1.33Speaker of the House of Representatives 1.34The Honorable Michelle L. Fischbach 1.35President of the Senate 1.36We, the undersigned conferees for H. F. No. 861 report that we have agreed upon the 1.37items in dispute and recommend as follows: 2.1That the Senate recede from its amendment and that H. F. No. 861 be further amended 2.2as follows: 2.3Delete everything after the enacting clause and insert: 2.4" ARTICLE 1 2.5TRANSPORTATION APPROPRIATIONS 2.6 Section 1. new text begin TRANSPORTATION APPROPRIATIONSnew text end
2.7new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies new text end 2.8new text begin and for the purposes specified in this article. The appropriations are from the trunk highway new text end 2.9new text begin fund, or another named fund, and are available for the fiscal years indicated for each purpose. new text end 2.10new text begin Amounts for "Total Appropriation" and sums shown in the corresponding columns marked new text end 2.11new text begin "Appropriations by Fund" are summary only and do not have legal effect. Unless specified new text end 2.12new text begin otherwise, the amounts in the second year under "Appropriations by Fund" show the base new text end 2.13new text begin within the meaning of Minnesota Statutes, section 16A.11, subdivision 3, by fund. The new text end 2.14new text begin figures "2018" and "2019" used in this article mean that the appropriations listed under them new text end 2.15new text begin are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The new text end 2.16new text begin first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" is new text end 2.17new text begin fiscal years 2018 and 2019.new text end 2.18 new text begin APPROPRIATIONSnew text end 2.19 new text begin Available for the Yearnew text end 2.20 new text begin Ending June 30new text end 2.21 new text begin 2018new text end new text begin 2019new text end
2.22 2.23 Sec. 2. new text begin DEPARTMENT OF new text end new text begin TRANSPORTATIONnew text end
2.24 new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end new text begin $new text end new text begin new text end new text begin 2,990,529,000new text end new text begin $new text end new text begin 2,912,541,000new text end
2.25 new text begin Appropriations by Fundnew text end 2.26 new text begin 2018new text end new text begin 2019new text end 2.27 new text begin Generalnew text end new text begin 23,458,000new text end new text begin 38,358,000new text end 2.28 new text begin Airportsnew text end new text begin 34,812,000new text end new text begin 21,909,000new text end 2.29 new text begin C.S.A.H.new text end new text begin 775,251,000new text end new text begin 802,819,000new text end 2.30 new text begin M.S.A.S.new text end new text begin 194,122,000new text end new text begin 201,020,000new text end 2.31 new text begin Special Revenuenew text end new text begin 2,500,000new text end new text begin 0new text end 2.32 new text begin Trunk Highwaynew text end new text begin 1,960,386,000new text end new text begin 1,848,435,000new text end
2.33new text begin The appropriations in this section are to the new text end 2.34new text begin commissioner of transportation. The amounts new text end 3.1new text begin that may be spent for each purpose are new text end 3.2new text begin specified in the following subdivisions.new text end 3.3 new text begin Subd. 2.new text end new text begin Multimodal Systemsnew text end
3.4new text begin (a) new text end new text begin Aeronauticsnew text end 3.5 new text begin (1) new text end new text begin Airport Development and Assistancenew text end new text begin new text end new text begin 26,001,000new text end new text begin new text end new text begin 16,598,000new text end
3.6new text begin This appropriation is from the state airports new text end 3.7new text begin fund and must be spent according to new text end 3.8new text begin Minnesota Statutes, section 360.305, new text end 3.9new text begin subdivision 4.new text end 3.10new text begin Notwithstanding Minnesota Statutes, section new text end 3.11new text begin 16A.28, subdivision 6, this appropriation is new text end 3.12new text begin available for five years after the year of the new text end 3.13new text begin appropriation. If the appropriation for either new text end 3.14new text begin year is insufficient, the appropriation for the new text end 3.15new text begin other year is available for it.new text end 3.16new text begin $6,619,000 in the first year is for a grant to new text end 3.17new text begin the Duluth Airport Authority to provide the new text end 3.18new text begin federal match to design and construct runway new text end 3.19new text begin infrastructure at the Duluth International new text end 3.20new text begin Airport or the Sky Harbor Airport in new text end 3.21new text begin accordance with Minnesota Statutes, section new text end 3.22new text begin 360.017. For the purposes of this new text end 3.23new text begin appropriation, the commissioner may waive new text end 3.24new text begin the requirements of Minnesota Statutes, new text end 3.25new text begin section 360.305, subdivision 4, paragraph (b). new text end 3.26new text begin This is a onetime appropriation.new text end 3.27new text begin $2,334,000 in the first year is for a grant to new text end 3.28new text begin the city of Rochester to design, rehabilitate, new text end 3.29new text begin demolish, and expand portions of the existing new text end 3.30new text begin passenger terminal building at the Rochester new text end 3.31new text begin International Airport, provided that this new text end 3.32new text begin amount also includes money to remodel, new text end 3.33new text begin construct, furnish, and equip the existing new text end 3.34new text begin passenger terminal building and associated new text end 4.1new text begin appurtenances to meet the United States new text end 4.2new text begin Customs and Border Protection and new text end 4.3new text begin Transportation Security Administration new text end 4.4new text begin standards for safety, security, and processing new text end 4.5new text begin time to accommodate domestic and new text end 4.6new text begin international flights. The capital improvements new text end 4.7new text begin paid for with this appropriation may be used new text end 4.8new text begin as the local contribution required by new text end 4.9new text begin Minnesota Statutes, section 360.305, new text end 4.10new text begin subdivision 4. This appropriation may be used new text end 4.11new text begin to reimburse the city for costs incurred after new text end 4.12new text begin May 1, 2016. This appropriation is not new text end 4.13new text begin available until the commissioner of new text end 4.14new text begin management and budget has determined that new text end 4.15new text begin at least an equal amount has been committed new text end 4.16new text begin to the project from nonstate sources. Work new text end 4.17new text begin that may be completed with this appropriation new text end 4.18new text begin includes but is not limited to (i) site new text end 4.19new text begin preparation, including utilities, site civil work, new text end 4.20new text begin testing, and construction administration new text end 4.21new text begin services, (ii) the relocation, modification, and new text end 4.22new text begin addition of airline ticket counters, baggage new text end 4.23new text begin claim devices, public spaces, offices, new text end 4.24new text begin restrooms, support space, break rooms, new text end 4.25new text begin lockers, equipment storage, communications, new text end 4.26new text begin hallways, building signage, medical visitor new text end 4.27new text begin rooms, special needs accommodations, hold new text end 4.28new text begin rooms, secure storage, equipment maintenance new text end 4.29new text begin area, and building engineering and technology new text end 4.30new text begin systems, (iii) improvements needed outside new text end 4.31new text begin the terminal to remove, restore, and tie into new text end 4.32new text begin adjacent utilities, sidewalks, driveways, new text end 4.33new text begin parking lots, and aircraft aprons, and (iv) the new text end 4.34new text begin construction of covered exterior equipment new text end 4.35new text begin storage. This is a onetime appropriation.new text end 5.1new text begin Notwithstanding Minnesota Statutes, section new text end 5.2new text begin 360.017, $250,000 in the first year is for a new text end 5.3new text begin grant to the city of St. Cloud for an air new text end 5.4new text begin transport optimization planning study for the new text end 5.5new text begin St. Cloud Regional Airport. The study must new text end 5.6new text begin be comprehensive and market-based, using new text end 5.7new text begin economic development and air service new text end 5.8new text begin expertise to research, analyze, and develop new text end 5.9new text begin models and strategies that maximize the return new text end 5.10new text begin on investments made to enhance the use and new text end 5.11new text begin impact of the St. Cloud Regional Airport. By new text end 5.12new text begin January 5, 2018, the city of St. Cloud shall new text end 5.13new text begin submit a report to the governor and the new text end 5.14new text begin members and staff of the legislative new text end 5.15new text begin committees with jurisdiction over capital new text end 5.16new text begin investment, transportation, and economic new text end 5.17new text begin development with recommendations based on new text end 5.18new text begin the findings of the study. This is a onetime new text end 5.19new text begin appropriation.new text end 5.20new text begin If the commissioner of transportation new text end 5.21new text begin determines that a balance remains in the state new text end 5.22new text begin airports fund following the appropriations new text end 5.23new text begin made in this article and that the appropriations new text end 5.24new text begin made are insufficient for advancing airport new text end 5.25new text begin development and assistance projects, an new text end 5.26new text begin amount necessary to advance the projects, not new text end 5.27new text begin to exceed the balance in the state airports fund, new text end 5.28new text begin is appropriated in each year to the new text end 5.29new text begin commissioner and must be spent according to new text end 5.30new text begin Minnesota Statutes, section 360.305, new text end 5.31new text begin subdivision 4. Within two weeks of a new text end 5.32new text begin determination under this contingent new text end 5.33new text begin appropriation, the commissioner of new text end 5.34new text begin transportation must notify the commissioner new text end 5.35new text begin of management and budget and the chairs, new text end 5.36new text begin ranking minority members, and staff of the new text end 6.1new text begin legislative committees with jurisdiction over new text end 6.2new text begin transportation finance concerning the funds new text end 6.3new text begin appropriated. Funds appropriated under this new text end 6.4new text begin contingent appropriation do not adjust the base new text end 6.5new text begin for fiscal years 2020 and 2021.new text end 6.6new text begin The base is $15,298,000 in each of fiscal years new text end 6.7new text begin 2020 and 2021.new text end 6.8 new text begin (2)new text end new text begin Aviation Support and Servicesnew text end new text begin 6,710,000new text end new text begin 6,854,000new text end
6.9 new text begin Appropriations by Fundnew text end 6.10 new text begin 2018new text end new text begin 2019new text end 6.11 new text begin Airportsnew text end new text begin 5,231,000new text end new text begin 5,231,000new text end 6.12 new text begin Trunk Highwaynew text end new text begin 1,479,000new text end new text begin 1,623,000new text end
6.13 new text begin (3) new text end new text begin Civil Air Patrolnew text end new text begin 3,580,000new text end new text begin 80,000new text end
6.14new text begin This appropriation is from the state airports new text end 6.15new text begin fund for the Civil Air Patrol.new text end 6.16new text begin $3,500,000 in the first year is for a grant to new text end 6.17new text begin renovate a portion of and construct an addition new text end 6.18new text begin to the training and maintenance facility located new text end 6.19new text begin at the South St. Paul airport, and to furnish new text end 6.20new text begin and equip the facility, including new text end 6.21new text begin communications equipment. Notwithstanding new text end 6.22new text begin Minnesota Statutes, section 16A.28, new text end 6.23new text begin subdivision 6, this appropriation is available new text end 6.24new text begin for five years after the year of the new text end 6.25new text begin appropriation. This is a onetime appropriation.new text end 6.26 new text begin (b) new text end new text begin Transitnew text end new text begin 1,241,000new text end new text begin 18,268,000new text end
6.27 new text begin Appropriations by Fundnew text end 6.28 new text begin 2018new text end new text begin 2019new text end 6.29 new text begin Generalnew text end new text begin 395,000new text end new text begin 17,395,000new text end 6.30 new text begin Trunk Highwaynew text end new text begin 846,000new text end new text begin 873,000new text end
6.31new text begin $150,000 in each year is from the general fund new text end 6.32new text begin for grants to transportation management new text end 6.33new text begin organizations that provide services exclusively new text end 6.34new text begin or primarily in the city located along the new text end 7.1new text begin marked Interstate Highway 494 corridor new text end 7.2new text begin having the highest population as of the new text end 7.3new text begin effective date of this section. The new text end 7.4new text begin commissioner must not retain any portion of new text end 7.5new text begin the funds appropriated under this section. new text end 7.6new text begin From the appropriation in each fiscal year, the new text end 7.7new text begin commissioner must make grant payments in new text end 7.8new text begin full by July 31. Permissible uses of funds new text end 7.9new text begin under this grant include administrative new text end 7.10new text begin expenses and programming and service new text end 7.11new text begin expansion, including but not limited to new text end 7.12new text begin staffing, communications, outreach and new text end 7.13new text begin education program development, and new text end 7.14new text begin operations management. This is a onetime new text end 7.15new text begin appropriation.new text end 7.16new text begin The base from the general fund is $17,245,000 new text end 7.17new text begin in each year for fiscal years 2020 and 2021.new text end 7.18 new text begin (c) new text end new text begin Safe Routes to Schoolnew text end new text begin 1,500,000new text end new text begin 500,000new text end
7.19new text begin This appropriation is from the general fund new text end 7.20new text begin for the safe routes to school program under new text end 7.21new text begin Minnesota Statutes, section 174.40.new text end 7.22new text begin (d) new text end new text begin Freightnew text end 7.23 new text begin (1) new text end new text begin Freight and Commercial Vehicle Operationsnew text end new text begin 9,356,000new text end new text begin 5,928,000new text end
7.24 new text begin Appropriations by Fundnew text end 7.25 new text begin 2018new text end new text begin 2019new text end 7.26 new text begin Generalnew text end new text begin 1,506,000new text end new text begin 406,000new text end 7.27 new text begin Special Revenuenew text end new text begin 2,500,000new text end new text begin 0new text end 7.28 new text begin Trunk Highwaynew text end new text begin 5,350,000new text end new text begin 5,522,000new text end
7.29new text begin $1,100,000 in the first year is from the general new text end 7.30new text begin fund for port development assistance grants new text end 7.31new text begin under Minnesota Statutes, chapter 457A, to new text end 7.32new text begin the city of Red Wing and to the Port Authority new text end 7.33new text begin of Winona. Any improvements made with the new text end 7.34new text begin proceeds of the grants must be publicly owned. new text end 8.1new text begin This is a onetime appropriation and is new text end 8.2new text begin available in the second year.new text end 8.3new text begin $150,000 in each year is from the general fund new text end 8.4new text begin for additional rail safety and rail service new text end 8.5new text begin activities.new text end 8.6new text begin $1,000,000 in the first year is from the rail new text end 8.7new text begin service improvement account in the special new text end 8.8new text begin revenue fund for a grant to the city of Grand new text end 8.9new text begin Rapids to fund rail planning studies, design, new text end 8.10new text begin and preliminary engineering relating to the new text end 8.11new text begin construction of a freight rail line located in the new text end 8.12new text begin counties of Itasca, St. Louis, and Lake to serve new text end 8.13new text begin local producers and shippers. The city of new text end 8.14new text begin Grand Rapids shall collaborate with the Itasca new text end 8.15new text begin Economic Development Corporation and the new text end 8.16new text begin Itasca County Regional Railroad Authority in new text end 8.17new text begin the activities funded with the proceeds of this new text end 8.18new text begin grant. This is a onetime appropriation and is new text end 8.19new text begin available until June 30, 2019.new text end 8.20new text begin $1,500,000 in the first year is from the rail new text end 8.21new text begin service improvement account in the special new text end 8.22new text begin revenue fund for a grant to a railroad company new text end 8.23new text begin classified by federal law as a Class III railroad new text end 8.24new text begin or Class III carrier, to repair or rehabilitate a new text end 8.25new text begin line of railroad track that serves at least one new text end 8.26new text begin industrial park located in the metropolitan new text end 8.27new text begin area, as defined in Minnesota Statutes, section new text end 8.28new text begin 473.121, subdivision 2. This is a onetime new text end 8.29new text begin appropriation and is available until June 30, new text end 8.30new text begin 2019.new text end 8.31 new text begin (2) new text end new text begin Hazardous Materials Rail Safetynew text end new text begin 3,000,000new text end new text begin 3,000,000new text end
8.32new text begin This appropriation is from the general fund new text end 8.33new text begin for the hazardous materials rail safety program new text end 8.34new text begin and grants under Minnesota Statutes, section new text end 8.35new text begin 219.016. This is a onetime appropriation.new text end 9.1 new text begin Subd. 3.new text end new text begin State Roadsnew text end
9.2 new text begin (a) new text end new text begin Operations and Maintenancenew text end new text begin 344,325,000new text end new text begin 332,313,000new text end
9.3new text begin The base is $324,256,000 in fiscal year 2020 new text end 9.4new text begin and $322,674,000 in fiscal year 2021.new text end 9.5 new text begin (b) new text end new text begin Program Planning and Deliverynew text end
9.6 new text begin (1) new text end new text begin Planning and Researchnew text end new text begin 34,588,000new text end new text begin 32,643,000new text end
9.7new text begin If a balance remains of this appropriation, the new text end 9.8new text begin commissioner may transfer up to that amount new text end 9.9new text begin for program delivery under clause (2).new text end 9.10new text begin Up to $160,000 in the first year is for the new text end 9.11new text begin highway construction costs and cost inflation new text end 9.12new text begin study under article 3, section 137. This is a new text end 9.13new text begin onetime appropriation.new text end 9.14new text begin $130,000 in each year is available for new text end 9.15new text begin administrative costs of the targeted group new text end 9.16new text begin business program.new text end 9.17new text begin $266,000 in each year is available for grants new text end 9.18new text begin to metropolitan planning organizations outside new text end 9.19new text begin the seven-county metropolitan area.new text end 9.20new text begin $900,000 in each year is available for grants new text end 9.21new text begin for transportation studies outside the new text end 9.22new text begin metropolitan area to identify critical concerns, new text end 9.23new text begin problems, and issues. These grants are new text end 9.24new text begin available:new text end 9.25new text begin (1) to regional development commissions;new text end 9.26new text begin (2) in regions where no regional development new text end 9.27new text begin commission is functioning, to joint powers new text end 9.28new text begin boards established under agreement of two or new text end 9.29new text begin more political subdivisions in the region to new text end 9.30new text begin exercise the planning functions of a regional new text end 9.31new text begin development commission; andnew text end 9.32new text begin (3) in regions where no regional development new text end 9.33new text begin commission or joint powers board is new text end 10.1new text begin functioning, to the Department of new text end 10.2new text begin Transportation district office for that region.new text end 10.3new text begin The base is $31,972,000 in fiscal year 2020 new text end 10.4new text begin and $31,840,000 in fiscal year 2021.new text end 10.5 new text begin (2) new text end new text begin Program Deliverynew text end new text begin 231,855,000new text end new text begin 224,764,000new text end
10.6new text begin This appropriation includes use of consultants new text end 10.7new text begin to support development and management of new text end 10.8new text begin projects.new text end 10.9new text begin Up to $140,000 in the first year is for new text end 10.10new text begin development, implementation, and reporting new text end 10.11new text begin on project selection policy under article 3, new text end 10.12new text begin section 128. This is a onetime appropriation.new text end 10.13new text begin $1,000,000 in each year is available for new text end 10.14new text begin management of contaminated and regulated new text end 10.15new text begin material on property owned by the Department new text end 10.16new text begin of Transportation, including mitigation of new text end 10.17new text begin property conveyances, facility acquisition or new text end 10.18new text begin expansion, chemical release at maintenance new text end 10.19new text begin facilities, and spills on the trunk highway new text end 10.20new text begin system where there is no known responsible new text end 10.21new text begin party. If the appropriation for either year is new text end 10.22new text begin insufficient, the appropriation for the other new text end 10.23new text begin year is available for it.new text end 10.24new text begin The base is $219,393,000 in fiscal year 2020 new text end 10.25new text begin and $218,338,000 in fiscal year 2021.new text end 10.26 new text begin (c)new text end new text begin State Road Constructionnew text end new text begin 1,012,315,000new text end new text begin 891,055,000new text end
10.27new text begin This appropriation is for the actual new text end 10.28new text begin construction, reconstruction, and improvement new text end 10.29new text begin of trunk highways, including design-build new text end 10.30new text begin contracts, internal department costs associated new text end 10.31new text begin with delivering the construction program, new text end 10.32new text begin consultant usage to support these activities, new text end 10.33new text begin and the cost of actual payments to landowners new text end 10.34new text begin for lands acquired for highway rights-of-way, new text end 11.1new text begin payment to lessees, interest subsidies, and new text end 11.2new text begin relocation expenses.new text end 11.3new text begin This appropriation includes federal highway new text end 11.4new text begin aid.new text end 11.5new text begin The commissioner may expend up to one-half new text end 11.6new text begin of one percent of the federal appropriations new text end 11.7new text begin under this paragraph as grants to opportunity new text end 11.8new text begin industrialization centers and other nonprofit new text end 11.9new text begin job training centers for job training programs new text end 11.10new text begin related to highway construction.new text end 11.11new text begin The commissioner may transfer up to new text end 11.12new text begin $15,000,000 each year to the transportation new text end 11.13new text begin revolving loan fund.new text end 11.14new text begin The commissioner may receive money new text end 11.15new text begin covering other shares of the cost of partnership new text end 11.16new text begin projects. These receipts are appropriated to new text end 11.17new text begin the commissioner for these projects.new text end 11.18new text begin The base is $871,586,000 in fiscal year 2020 new text end 11.19new text begin and $867,763,000 in fiscal year 2021.new text end 11.20 new text begin (d) new text end new text begin Corridors of Commercenew text end new text begin 25,000,000new text end new text begin 25,000,000new text end
11.21new text begin This appropriation is for the corridors of new text end 11.22new text begin commerce program under Minnesota Statutes, new text end 11.23new text begin section 161.088.new text end 11.24new text begin The commissioner may use up to 17 percent new text end 11.25new text begin of the amount each year for program delivery.new text end 11.26 new text begin (e) new text end new text begin Highway Debt Servicenew text end new text begin 225,536,000new text end new text begin 253,625,000new text end
11.27new text begin $216,036,000 in fiscal year 2018 and new text end 11.28new text begin $244,125,000 in fiscal year 2019 are for new text end 11.29new text begin transfer to the state bond fund. If this new text end 11.30new text begin appropriation is insufficient to make all new text end 11.31new text begin transfers required in the year for which it is new text end 11.32new text begin made, the commissioner of management and new text end 11.33new text begin budget must transfer the deficiency amount new text end 12.1new text begin under the statutory open appropriation and new text end 12.2new text begin notify the chairs, ranking minority members, new text end 12.3new text begin and staff of the legislative committees with new text end 12.4new text begin jurisdiction over transportation finance and new text end 12.5new text begin the chairs of the senate Finance Committee new text end 12.6new text begin and the house of representatives Ways and new text end 12.7new text begin Means Committee of the amount of the new text end 12.8new text begin deficiency. Any excess appropriation cancels new text end 12.9new text begin to the trunk highway fund.new text end 12.10 new text begin (f) new text end new text begin Statewide Radio Communicationsnew text end new text begin 5,648,000new text end new text begin 5,829,000new text end
12.11 new text begin Appropriations by Fundnew text end 12.12 new text begin 2018new text end new text begin 2019new text end 12.13 new text begin Generalnew text end new text begin 3,000new text end new text begin 3,000new text end 12.14 new text begin Trunk Highwaynew text end new text begin 5,645,000new text end new text begin 5,826,000new text end
12.15new text begin $3,000 in each year is from the general fund new text end 12.16new text begin to equip and operate the Roosevelt signal new text end 12.17new text begin tower for Lake of the Woods weather new text end 12.18new text begin broadcasting.new text end 12.19 new text begin Subd. 4.new text end new text begin Local Roadsnew text end
12.20 new text begin (a) new text end new text begin County State-Aid Roadsnew text end new text begin 782,251,000new text end new text begin 809,819,000new text end
12.21 new text begin Appropriations by Fundnew text end 12.22 new text begin 2018new text end new text begin 2019new text end 12.23 new text begin C.S.A.H.new text end new text begin 775,251,000new text end new text begin 802,819,000new text end 12.24 new text begin Generalnew text end new text begin 7,000,000new text end new text begin 7,000,000new text end
12.25new text begin The appropriation from the county state-aid new text end 12.26new text begin highway fund is under Minnesota Statutes, new text end 12.27new text begin sections 161.081 and 297A.815, subdivision new text end 12.28new text begin 3, and chapter 162, and is available until June new text end 12.29new text begin 30, 2027.new text end 12.30new text begin $5,000,000 in each year is from the general new text end 12.31new text begin fund for distribution to counties in the new text end 12.32new text begin metropolitan area, as defined in Minnesota new text end 12.33new text begin Statutes, section 473.121, subdivision 4, for new text end 12.34new text begin construction, reconstruction, and maintenance new text end 13.1new text begin of county highways, including county state-aid new text end 13.2new text begin highways. The distribution must be calculated new text end 13.3new text begin so that each county receives from this amount new text end 13.4new text begin the percentage that its population, as defined new text end 13.5new text begin in Minnesota Statutes, section 477A.011, new text end 13.6new text begin subdivision 3, estimated or established by July new text end 13.7new text begin 15 of the year prior to the current calendar new text end 13.8new text begin year, bears to the total population of the new text end 13.9new text begin counties receiving funds under this rider. For new text end 13.10new text begin purposes of this rider, the population of each new text end 13.11new text begin county containing a statutory or home rule new text end 13.12new text begin charter city of the first class is calculated at new text end 13.13new text begin 0.25 multiplied by that county's population as new text end 13.14new text begin otherwise determined. All projects must be new text end 13.15new text begin located outside cities of the first class. This is new text end 13.16new text begin a onetime appropriation.new text end 13.17new text begin $2,000,000 in each year is from the general new text end 13.18new text begin fund for town roads, to be distributed in the new text end 13.19new text begin manner provided under Minnesota Statutes, new text end 13.20new text begin section 162.081. This is a onetime new text end 13.21new text begin appropriation.new text end 13.22new text begin If the commissioner of transportation new text end 13.23new text begin determines that a balance remains in the new text end 13.24new text begin county state-aid highway fund following the new text end 13.25new text begin appropriations and transfers made in this new text end 13.26new text begin paragraph, and that the appropriations made new text end 13.27new text begin are insufficient for advancing county state-aid new text end 13.28new text begin highway projects, an amount necessary to new text end 13.29new text begin advance the projects, not to exceed the balance new text end 13.30new text begin in the county state-aid highway fund, is new text end 13.31new text begin appropriated in each year to the commissioner. new text end 13.32new text begin Within two weeks of a determination under new text end 13.33new text begin this contingent appropriation, the new text end 13.34new text begin commissioner of transportation shall notify new text end 13.35new text begin the commissioner of management and budget new text end 14.1new text begin and the chairs, ranking minority members, and new text end 14.2new text begin staff of the legislative committees with new text end 14.3new text begin jurisdiction over transportation finance new text end 14.4new text begin concerning funds appropriated. The new text end 14.5new text begin commissioner shall identify in the next budget new text end 14.6new text begin submission to the legislature under Minnesota new text end 14.7new text begin Statutes, section 16A.11, any amount that is new text end 14.8new text begin appropriated under this paragraph.new text end 14.9 new text begin (b) new text end new text begin Municipal State-Aid Roadsnew text end new text begin 194,122,000new text end new text begin 201,020,000new text end
14.10new text begin This appropriation is from the municipal new text end 14.11new text begin state-aid street fund under Minnesota Statutes, new text end 14.12new text begin chapter 162, and is available until June 30, new text end 14.13new text begin 2027.new text end 14.14new text begin If the commissioner of transportation new text end 14.15new text begin determines that a balance remains in the new text end 14.16new text begin municipal state-aid street fund following the new text end 14.17new text begin appropriations and transfers made in this new text end 14.18new text begin paragraph, and that the appropriations made new text end 14.19new text begin are insufficient for advancing municipal new text end 14.20new text begin state-aid street projects, an amount necessary new text end 14.21new text begin to advance the projects, not to exceed the new text end 14.22new text begin balance in the municipal state-aid street fund, new text end 14.23new text begin is appropriated in each year to the new text end 14.24new text begin commissioner. Within two weeks of a new text end 14.25new text begin determination under this contingent new text end 14.26new text begin appropriation, the commissioner of new text end 14.27new text begin transportation shall notify the commissioner new text end 14.28new text begin of management and budget and the chairs, new text end 14.29new text begin ranking minority members, and staff of the new text end 14.30new text begin legislative committees with jurisdiction over new text end 14.31new text begin transportation finance concerning funds new text end 14.32new text begin appropriated. The commissioner shall identify new text end 14.33new text begin in the next budget submission to the legislature new text end 14.34new text begin under Minnesota Statutes, section 16A.11, any new text end 15.1new text begin amount that is appropriated under this new text end 15.2new text begin paragraph.new text end 15.3 new text begin (c) new text end new text begin Small Cities Assistancenew text end new text begin 10,000,000new text end new text begin 10,000,000new text end
15.4new text begin This appropriation is from the general fund new text end 15.5new text begin for the small cities assistance program under new text end 15.6new text begin Minnesota Statutes, section 162.145. This is new text end 15.7new text begin a onetime appropriation.new text end 15.8 new text begin Subd. 5.new text end new text begin Agency Managementnew text end
15.9 new text begin (a) new text end new text begin Agency Servicesnew text end new text begin 44,316,000new text end new text begin 45,206,000new text end
15.10 new text begin (b) new text end new text begin Buildingsnew text end new text begin 28,585,000new text end new text begin 29,439,000new text end
15.11 new text begin Appropriations by Fundnew text end 15.12 new text begin 2018new text end new text begin 2019new text end 15.13 new text begin Generalnew text end new text begin 54,000new text end new text begin 54,000new text end 15.14 new text begin Trunk Highwaynew text end new text begin 28,531,000new text end new text begin 29,385,000new text end
15.15new text begin Any money appropriated to the commissioner new text end 15.16new text begin of transportation for building construction for new text end 15.17new text begin any fiscal year before the first year is available new text end 15.18new text begin to the commissioner during the biennium to new text end 15.19new text begin the extent that the commissioner spends the new text end 15.20new text begin money on the building construction projects new text end 15.21new text begin for which the money was originally new text end 15.22new text begin encumbered during the fiscal year for which new text end 15.23new text begin it was appropriated. If the appropriation for new text end 15.24new text begin either year is insufficient, the appropriation new text end 15.25new text begin for the other year is available for it.new text end 15.26 new text begin (c) new text end new text begin Tort Claimsnew text end new text begin 600,000new text end new text begin 600,000new text end
15.27new text begin If the appropriation for either year is new text end 15.28new text begin insufficient, the appropriation for the other new text end 15.29new text begin year is available for it.new text end 15.30 new text begin Subd. 6.new text end new text begin Transfersnew text end
15.31new text begin (a) With the approval of the commissioner of new text end 15.32new text begin management and budget, the commissioner new text end 15.33new text begin of transportation may transfer unencumbered new text end 15.34new text begin balances among the appropriations from the new text end 16.1new text begin trunk highway fund and the state airports fund new text end 16.2new text begin made in this section. Transfers under this new text end 16.3new text begin paragraph must not be made:new text end 16.4new text begin (1) between funds;new text end 16.5new text begin (2) from the appropriations for state road new text end 16.6new text begin construction or debt service; ornew text end 16.7new text begin (3) from the appropriations for operations and new text end 16.8new text begin maintenance or program delivery, except for new text end 16.9new text begin a transfer to state road construction or debt new text end 16.10new text begin service.new text end 16.11new text begin (b) The commissioner of transportation must new text end 16.12new text begin immediately report transfers under paragraph new text end 16.13new text begin (a) to the chairs, ranking minority members, new text end 16.14new text begin and staff of the legislative committees with new text end 16.15new text begin jurisdiction over transportation finance. The new text end 16.16new text begin authority for the commissioner of new text end 16.17new text begin transportation to make transfers under new text end 16.18new text begin Minnesota Statutes, section 16A.285, is new text end 16.19new text begin superseded by the authority and requirements new text end 16.20new text begin under this paragraph.new text end 16.21new text begin (c) The commissioner of transportation must new text end 16.22new text begin transfer from the flexible highway account in new text end 16.23new text begin the county state-aid highway fund the entire new text end 16.24new text begin amount in each year to the county turnback new text end 16.25new text begin account in the county state-aid highway fund. new text end 16.26new text begin The funds transferred are for highway new text end 16.27new text begin turnback purposes under Minnesota Statutes, new text end 16.28new text begin section 161.081, subdivision 3.new text end 16.29 16.30 new text begin Subd. 7.new text end new text begin Previous State Road Construction new text end new text begin Appropriationsnew text end
16.31new text begin Any money appropriated to the commissioner new text end 16.32new text begin of transportation for state road construction new text end 16.33new text begin for any fiscal year before the first year is new text end 16.34new text begin available to the commissioner during the new text end 17.1new text begin biennium to the extent that the commissioner new text end 17.2new text begin spends the money on the state road new text end 17.3new text begin construction project for which the money was new text end 17.4new text begin originally encumbered during the fiscal year new text end 17.5new text begin for which it was appropriated.new text end 17.6 new text begin Subd. 8.new text end new text begin Contingent Appropriationsnew text end
17.7new text begin The commissioner of transportation, with the new text end 17.8new text begin approval of the governor and the written new text end 17.9new text begin approval of at least five members of a group new text end 17.10new text begin consisting of the members of the Legislative new text end 17.11new text begin Advisory Commission under Minnesota new text end 17.12new text begin Statutes, section 3.30, and the ranking minority new text end 17.13new text begin members of the legislative committees with new text end 17.14new text begin jurisdiction over transportation finance, may new text end 17.15new text begin transfer all or part of the unappropriated new text end 17.16new text begin balance in the trunk highway fund to an new text end 17.17new text begin appropriation:new text end 17.18new text begin (1) for trunk highway design, construction, or new text end 17.19new text begin inspection that takes advantage of an new text end 17.20new text begin unanticipated receipt of income to the trunk new text end 17.21new text begin highway fund or federal advanced construction new text end 17.22new text begin funding;new text end 17.23new text begin (2) for emergency trunk highway maintenance; new text end 17.24new text begin ornew text end 17.25new text begin (3) to pay tort or environmental claims.new text end 17.26new text begin Nothing in this subdivision authorizes the new text end 17.27new text begin commissioner to increase the use of federal new text end 17.28new text begin advanced construction funding beyond new text end 17.29new text begin amounts specifically authorized. Any transfer new text end 17.30new text begin as a result of the use of federal advanced new text end 17.31new text begin construction funding must include an analysis new text end 17.32new text begin of the effects on the long-term trunk highway new text end 17.33new text begin fund balance. The amount transferred is new text end 18.1new text begin appropriated for the purpose of the account to new text end 18.2new text begin which it is transferred.new text end 18.3 18.4 new text begin Subd. 9.new text end new text begin Requirements for Certain Legal new text end new text begin Activitiesnew text end
18.5new text begin The commissioner of transportation is new text end 18.6new text begin prohibited from permitting legal counsel new text end 18.7new text begin employed by the Department of Transportation new text end 18.8new text begin to perform activities related to response to a new text end 18.9new text begin data practices request of the department under new text end 18.10new text begin Minnesota Statutes, chapter 13, and the new text end 18.11new text begin commissioner must enter into an agreement new text end 18.12new text begin with the attorney general for exclusive services new text end 18.13new text begin regarding these activities.new text end 18.14 Sec. 3. new text begin METROPOLITAN COUNCILnew text end new text begin $new text end new text begin 116,046,000new text end new text begin $new text end new text begin 114,820,000new text end
18.15new text begin This appropriation is from the general fund new text end 18.16new text begin for transit system operations under Minnesota new text end 18.17new text begin Statutes, sections new text end new text begin to new text end new text begin .new text end 18.18new text begin $1,000,000 in the first year is for financial new text end 18.19new text begin assistance to replacement service providers new text end 18.20new text begin under Minnesota Statutes, section 473.388, new text end 18.21new text begin for the purposes of the suburb-to-suburb transit new text end 18.22new text begin demonstration project authorized under Laws new text end 18.23new text begin 2015, chapter 75, article 1, section 4. The new text end 18.24new text begin council must not retain any portion of the new text end 18.25new text begin funds under this appropriation. This is a new text end 18.26new text begin onetime appropriation.new text end 18.27new text begin Up to $226,000 in the first year is for the new text end 18.28new text begin comprehensive transit finance report under new text end 18.29new text begin Minnesota Statutes, section 174.93. This is a new text end 18.30new text begin onetime appropriation and is available in the new text end 18.31new text begin second year.new text end 18.32new text begin The base is $89,820,000 in fiscal year 2020 new text end 18.33new text begin and $89,820,000 in fiscal year 2021.new text end 19.1 Sec. 4. new text begin DEPARTMENT OF PUBLIC SAFETYnew text end
19.2 new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end new text begin $new text end new text begin 199,838,000new text end new text begin $new text end new text begin 199,407,000new text end
19.3 new text begin Appropriations by Fundnew text end 19.4 new text begin 2018new text end new text begin 2019new text end 19.5 new text begin Generalnew text end new text begin 19,971,000new text end new text begin 14,381,000new text end 19.6 new text begin Special Revenuenew text end new text begin 63,945,000new text end new text begin 65,087,000new text end 19.7 new text begin H.U.T.D.new text end new text begin 10,474,000new text end new text begin 10,486,000new text end 19.8 new text begin Trunk Highwaynew text end new text begin 105,448,000new text end new text begin 109,453,000new text end
19.9new text begin The appropriations in this section are to the new text end 19.10new text begin commissioner of public safety. The amounts new text end 19.11new text begin that may be spent for each purpose are new text end 19.12new text begin specified in the following subdivisions.new text end 19.13 new text begin Subd. 2.new text end new text begin Administration and Related Servicesnew text end new text begin new text end
19.14 new text begin (a) new text end new text begin Office of Communicationsnew text end new text begin 553,000new text end new text begin 573,000new text end
19.15 new text begin Appropriations by Fundnew text end 19.16 new text begin 2018new text end new text begin 2019new text end 19.17 new text begin Generalnew text end new text begin 127,000new text end new text begin 130,000new text end 19.18 new text begin Trunk Highwaynew text end new text begin 426,000new text end new text begin 443,000new text end
19.19 new text begin (b) new text end new text begin Public Safety Supportnew text end new text begin 6,372,000new text end new text begin 6,569,000new text end
19.20 new text begin Appropriations by Fundnew text end 19.21 new text begin 2018new text end new text begin 2019new text end 19.22 new text begin Generalnew text end new text begin 1,225,000new text end new text begin 1,235,000new text end 19.23 new text begin H.U.T.D.new text end new text begin 1,366,000new text end new text begin 1,366,000new text end 19.24 new text begin Trunk Highwaynew text end new text begin 3,781,000new text end new text begin 3,968,000new text end
19.25 new text begin (c) new text end new text begin Public Safety Officer Survivor Benefitsnew text end new text begin 640,000new text end new text begin 640,000new text end
19.26new text begin This appropriation is from the general fund new text end 19.27new text begin for payment of public safety officer survivor new text end 19.28new text begin benefits under Minnesota Statutes, section new text end 19.29new text begin 299A.44new text end new text begin .new text end 19.30new text begin If the appropriation for either year is new text end 19.31new text begin insufficient, the appropriation for the other new text end 19.32new text begin year is available for it.new text end 19.33 new text begin (d) new text end new text begin Public Safety Officer Reimbursementsnew text end new text begin 1,367,000new text end new text begin 1,367,000new text end
20.1new text begin This appropriation is from the general fund to new text end 20.2new text begin be deposited in the public safety officer's new text end 20.3new text begin benefit account. This money is available for new text end 20.4new text begin reimbursements under Minnesota Statutes, new text end 20.5new text begin section new text end new text begin .new text end 20.6 new text begin (e) new text end new text begin Soft Body Armor Reimbursementsnew text end new text begin 700,000new text end new text begin 700,000new text end
20.7 new text begin Appropriations by Fundnew text end 20.8 new text begin 2018new text end new text begin 2019new text end 20.9 new text begin Generalnew text end new text begin 600,000new text end new text begin 600,000new text end 20.10 new text begin Trunk Highwaynew text end new text begin 100,000new text end new text begin 100,000new text end
20.11new text begin This appropriation is for soft body armor new text end 20.12new text begin reimbursements under Minnesota Statutes, new text end 20.13new text begin section new text end new text begin .new text end 20.14 new text begin (f) new text end new text begin Technology and Support Servicenew text end new text begin 3,777,000new text end new text begin 3,814,000new text end
20.15 new text begin Appropriations by Fundnew text end 20.16 new text begin 2018new text end new text begin 2019new text end 20.17 new text begin Generalnew text end new text begin 1,353,000new text end new text begin 1,365,000new text end 20.18 new text begin H.U.T.D.new text end new text begin 19,000new text end new text begin 19,000new text end 20.19 new text begin Trunk Highwaynew text end new text begin 2,405,000new text end new text begin 2,430,000new text end
20.20 new text begin Subd. 3.new text end new text begin State Patrolnew text end
20.21 new text begin (a) new text end new text begin Patrolling Highwaysnew text end new text begin 95,689,000new text end new text begin 93,323,000new text end
20.22 new text begin Appropriations by Fundnew text end 20.23 new text begin 2018new text end new text begin 2019new text end 20.24 new text begin Generalnew text end new text begin 5,787,000new text end new text begin 37,000new text end 20.25 new text begin H.U.T.D.new text end new text begin 92,000new text end new text begin 92,000new text end 20.26 new text begin Trunk Highwaynew text end new text begin 89,810,000new text end new text begin 93,194,000new text end
20.27new text begin $5,750,000 from the general fund in the first new text end 20.28new text begin year is to purchase a helicopter for the State new text end 20.29new text begin Patrol. This is a onetime appropriation.new text end 20.30new text begin From this appropriation, State Patrol trainee new text end 20.31new text begin salaries as provided under Minnesota Statutes, new text end 20.32new text begin section 299D.03, subdivision 6, must be new text end 20.33new text begin provided as follows: (1) for trainees in the Law new text end 20.34new text begin Enforcement Training Opportunity program, new text end 21.1new text begin 80 percent of the basic salary for patrol new text end 21.2new text begin officers; and (2) for all other trainees, 100 new text end 21.3new text begin percent of the basic salary.new text end 21.4 new text begin (b) new text end new text begin Commercial Vehicle Enforcementnew text end new text begin 8,455,000new text end new text begin 8,826,000new text end
21.5 new text begin (c) new text end new text begin Capitol Securitynew text end new text begin 8,402,000new text end new text begin 8,537,000new text end
21.6new text begin This appropriation is from the general fund.new text end 21.7new text begin The commissioner must not:new text end 21.8new text begin (1) spend any money from the trunk highway new text end 21.9new text begin fund for capitol security; ornew text end 21.10new text begin (2) permanently transfer any state trooper from new text end 21.11new text begin the patrolling highways activity to capitol new text end 21.12new text begin security.new text end 21.13new text begin The commissioner must not transfer any new text end 21.14new text begin money appropriated to the commissioner under new text end 21.15new text begin this section:new text end 21.16new text begin (1) to capitol security; ornew text end 21.17new text begin (2) from capitol security.new text end 21.18 new text begin (d) new text end new text begin Vehicle Crimes Unitnew text end new text begin 761,000new text end new text begin 773,000new text end
21.19new text begin This appropriation is from the highway user new text end 21.20new text begin tax distribution fund.new text end 21.21new text begin This appropriation is to investigate:new text end 21.22new text begin (1) registration tax and motor vehicle sales tax new text end 21.23new text begin liabilities from individuals and businesses that new text end 21.24new text begin currently do not pay all taxes owed; andnew text end 21.25new text begin (2) illegal or improper activity related to the new text end 21.26new text begin sale, transfer, titling, and registration of motor new text end 21.27new text begin vehicles.new text end 21.28 new text begin Subd. 4.new text end new text begin Driver and Vehicle Servicesnew text end
21.29 new text begin (a) new text end new text begin Vehicle Servicesnew text end new text begin 30,745,000new text end new text begin 31,159,000new text end
21.30 new text begin Appropriations by Fundnew text end 21.31 new text begin 2018new text end new text begin 2019new text end 22.1 new text begin Special Revenuenew text end new text begin 22,509,000new text end new text begin 22,923,000new text end 22.2 new text begin H.U.T.D.new text end new text begin 8,236,000new text end new text begin 8,236,000new text end
22.3new text begin The special revenue fund appropriation is from new text end 22.4new text begin the vehicle services operating account.new text end 22.5 new text begin (b) new text end new text begin Driver Servicesnew text end new text begin 32,014,000new text end new text begin 32,725,000new text end
22.6new text begin This appropriation is from the driver services new text end 22.7new text begin operating account in the special revenue fund.new text end 22.8new text begin $156,000 in each year is to maintain the new text end 22.9new text begin automated knowledge test system.new text end 22.10 22.11 new text begin (c) new text end new text begin Minnesota Licensing and Registration System new text end new text begin (MNLARS)new text end new text begin 8,000,000new text end new text begin 8,000,000new text end
22.12new text begin This appropriation is for operations and new text end 22.13new text begin maintenance of the driver and vehicle new text end 22.14new text begin information system known as the Minnesota new text end 22.15new text begin Licensing and Registration System.new text end 22.16new text begin $1,000,000 in the first year and $5,265,000 in new text end 22.17new text begin the second year are from the driver services new text end 22.18new text begin operating account in the special revenue fund. new text end 22.19new text begin This is a onetime appropriation.new text end 22.20new text begin $7,000,000 in the first year and $2,735,000 in new text end 22.21new text begin the second year are from the vehicle services new text end 22.22new text begin operating account in the special revenue fund. new text end 22.23new text begin This is a onetime appropriation.new text end 22.24 new text begin Subd. 5.new text end new text begin Traffic Safetynew text end new text begin 941,000new text end new text begin 962,000new text end
22.25 new text begin Appropriations by Fundnew text end 22.26 new text begin 2018new text end new text begin 2019new text end 22.27 new text begin Generalnew text end new text begin 470,000new text end new text begin 470,000new text end 22.28 new text begin Trunk Highwaynew text end new text begin 471,000new text end new text begin 492,000new text end
22.29new text begin The appropriation from the general fund in new text end 22.30new text begin each year is for maintenance of the crash new text end 22.31new text begin record system.new text end 22.32 new text begin Subd. 6.new text end new text begin Pipeline Safetynew text end new text begin 1,422,000new text end new text begin 1,439,000new text end
23.1new text begin This appropriation is from the pipeline safety new text end 23.2new text begin account in the special revenue fund.new text end 23.3    Sec. 5. new text begin MINNESOTA RAIL SERVICE IMPROVEMENT ACCOUNT TRANSFER.new text end 23.4    new text begin $3,500,000 in fiscal year 2018 is transferred from the general fund to the rail service new text end 23.5new text begin improvement account in the special revenue fund. This is a onetime transfer.new text end 23.6    Sec. 6. new text begin APPROPRIATION CANCELLATION.new text end 23.7new text begin $1,100,000 of the appropriation for port development assistance under Laws 2015, new text end 23.8new text begin chapter 75, article 1, section 3, subdivision 2, paragraph (e), is canceled to the general fund new text end 23.9new text begin on June 30, 2017.new text end 23.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 23.11    Sec. 7. new text begin APPROPRIATIONS BUDGET.new text end 23.12new text begin (a) In the budget submission to the legislature under Minnesota Statutes, section 16A.11, new text end 23.13new text begin for fiscal years 2020 and 2021, the commissioner of transportation, and the commissioner new text end 23.14new text begin of public safety with respect to the transportation portion of the public safety budget, must new text end 23.15new text begin present budget narratives and proposed appropriations for each appropriation established new text end 23.16new text begin in sections 2 and 4.new text end 23.17new text begin (b) In the budget submission to the legislature under Minnesota Statutes, section 16A.11, new text end 23.18new text begin for fiscal years 2020 and 2021, the metropolitan council must present budget narratives and new text end 23.19new text begin the proposed appropriations, if any, for each of the following categories: metro mobility, new text end 23.20new text begin contracted bus service, regular route bus service, light rail transit, commuter rail, new text end 23.21new text begin transportation planning, and allocation to the regional administration.new text end 23.22 ARTICLE 2 23.23TRANSPORTATION BONDS 23.24    Section 1. new text begin BOND APPROPRIATIONS.new text end 23.25new text begin The sums shown in the column under "Appropriations" are appropriated from the bond new text end 23.26new text begin proceeds account in the trunk highway fund to the state agencies or officials indicated, to new text end 23.27new text begin be spent for public purposes. Appropriations of bond proceeds must be spent as authorized new text end 23.28new text begin by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money new text end 23.29new text begin appropriated in this article for a capital program or project may be used to pay state agency new text end 24.1new text begin staff costs that are attributed directly to the capital program or project in accordance with new text end 24.2new text begin accounting policies adopted by the commissioner of management and budget.new text end 24.3 new text begin SUMMARYnew text end 24.4 new text begin Department of Transportationnew text end new text begin $new text end new text begin 600,000,000new text end 24.5 new text begin Department of Management and Budgetnew text end new text begin 600,000new text end 24.6 new text begin TOTALnew text end new text begin $new text end new text begin 600,600,000new text end
24.7 new text begin APPROPRIATIONSnew text end
24.8 24.9 Sec. 2. new text begin DEPARTMENT OF new text end new text begin TRANSPORTATIONnew text end
24.10 new text begin Subdivision 1.new text end new text begin Corridors of Commercenew text end new text begin $new text end new text begin new text end new text begin 300,000,000new text end
24.11new text begin This appropriation is to the commissioner of new text end 24.12new text begin transportation for the corridors of commerce new text end 24.13new text begin program under Minnesota Statutes, section new text end 24.14new text begin 161.088.new text end 24.15new text begin The commissioner may use up to 17 percent new text end 24.16new text begin of the amount each year for program delivery.new text end 24.17 new text begin Subd. 2.new text end new text begin State Road Constructionnew text end new text begin $new text end new text begin 300,000,000new text end
24.18new text begin This appropriation is to the commissioner of new text end 24.19new text begin transportation for construction, reconstruction, new text end 24.20new text begin and improvement of trunk highways, including new text end 24.21new text begin design-build contracts and use of consultants new text end 24.22new text begin to support these activities. This includes the new text end 24.23new text begin cost of actual payment to landowners for lands new text end 24.24new text begin acquired for highway rights-of-way, payment new text end 24.25new text begin to lessees, interest subsidies, and relocation new text end 24.26new text begin expenses.new text end 24.27new text begin This appropriation is available in fiscal year new text end 24.28new text begin 2019.new text end 24.29 new text begin Subd. 3.new text end new text begin Cancellationsnew text end
24.30new text begin The appropriations in this section cancel as new text end 24.31new text begin specified under Minnesota Statutes, section new text end 24.32new text begin 16A.642, except that the commissioner of new text end 24.33new text begin management and budget shall count the start new text end 25.1new text begin of authorization for issuance of state bonds as new text end 25.2new text begin the first day of the fiscal year during which new text end 25.3new text begin the bonds are available to be issued as new text end 25.4new text begin specified under subdivision 1 or 2, and not as new text end 25.5new text begin the date of enactment of this section.new text end 25.6 Sec. 3. new text begin BOND SALE EXPENSESnew text end new text begin $new text end new text begin 600,000new text end
25.7new text begin This appropriation is to the commissioner of new text end 25.8new text begin management and budget for bond sale new text end 25.9new text begin expenses under Minnesota Statutes, sections new text end 25.10new text begin 16A.641, subdivision 8, and 167.50, new text end 25.11new text begin subdivision 4, and is available in the amount new text end 25.12new text begin of $300,000 in each of fiscal years 2018 and new text end 25.13new text begin 2019.new text end 25.14 Sec. 4. new text begin BOND SALE AUTHORIZATION.new text end
25.15new text begin To provide the money appropriated in this article from the bond proceeds account in the new text end 25.16new text begin trunk highway fund, the commissioner of management and budget shall sell and issue bonds new text end 25.17new text begin of the state in an amount up to $600,600,000 in the manner, upon the terms, and with the new text end 25.18new text begin effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota new text end 25.19new text begin Constitution, article XIV, section 11, at the times and in the amounts requested by the new text end 25.20new text begin commissioner of transportation. The proceeds of the bonds, except accrued interest and any new text end 25.21new text begin premium received from the sale of the bonds, must be deposited in the bond proceeds account new text end 25.22new text begin in the trunk highway fund.new text end 25.23    Sec. 5. new text begin EFFECTIVE DATE.new text end 25.24new text begin This article is effective July 1, 2017.new text end 25.25 ARTICLE 3 25.26TRANSPORTATION POLICY AND FINANCE 25.27    Section 1. Minnesota Statutes 2016, section 15A.0815, subdivision 3, is amended to read: 25.28    Subd. 3. Group II salary limits. The salary for a position listed in this subdivision shall 25.29not exceed 120 percent of the salary of the governor. This limit must be adjusted annually 25.30on January 1. The new limit must equal the limit for the prior year increased by the percentage 25.31increase, if any, in the Consumer Price Index for all urban consumers from October of the 26.1second prior year to October of the immediately prior year. The commissioner of management 26.2and budget must publish the limit on the department's Web site. This subdivision applies 26.3to the following positions: 26.4    Executive director of Gambling Control Board; 26.5    Commissioner, Iron Range Resources and Rehabilitation Board; 26.6    Commissioner, Bureau of Mediation Services; 26.7    Ombudsman for Mental Health and Developmental Disabilities; 26.8    Chair, Metropolitan Council; 26.9    School trust lands director; 26.10    Executive director of pari-mutuel racing; and 26.11    Commissioner, Public Utilities Commission. 26.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2019, and applies in the new text end 26.13new text begin counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end 26.14    Sec. 2. Minnesota Statutes 2016, section 53C.01, subdivision 2, is amended to read: 26.15    Subd. 2. Cash sale price. "Cash sale price" means the price at which the seller would 26.16in good faith sell to the buyer, and the buyer would in good faith buy from the seller, the 26.17motor vehicle which is the subject matter of the retail installment contract, if such sale were 26.18a sale for cash, instead of a retail installment sale. The cash sale price may include any taxes, 26.19charges for delivery, servicing, repairing, or improving the motor vehicle, including 26.20accessories and their installation, and any other charges agreed upon between the parties. 26.21The cash price may not include a documentary fee or document administration fee in excess 26.22of $75 for services actually rendered to, for, or on behalf of, the retail buyer in preparing, 26.23handling, and processing documents relating to the motor vehicle and the closing of the 26.24retail salenew text begin authorized under section 168.27, subdivision 31new text end . "Documentary fee" and "document 26.25administration fee" do not include an optional electronic transfer fee as defined under 26.26subdivision 14. 26.27    Sec. 3. Minnesota Statutes 2016, section 85.016, is amended to read: 26.2885.016 BICYCLE TRAIL PROGRAM. 26.29The commissioner of natural resources shall new text begin must new text end establish a program for the development 26.30of bicycle trails utilizing the state trails authorized by section 85.015, other state parks and 27.1recreation land, and state forests. "Bicycle trail," as used in this section, has the meaning 27.2given in section 169.011. The program shall new text begin must new text end be coordinated with the local park trail 27.3grant program established by the commissioner pursuant to section 85.019, with the bikeway 27.4programnew text begin state bicycle routesnew text end established by the commissioner of transportation pursuant to 27.5section new text begin 160.266new text end , and with existing and proposed local bikeways. In the metropolitan 27.6area as defined in section 473.121, the program shall new text begin must new text end be developed in accordance with 27.7plans and priorities established by the Metropolitan Council. The commissioner shall new text begin must new text end 27.8provide technical assistance to local units of government in planning and developing bicycle 27.9trails in local parks. The bicycle trail program shallnew text begin mustnew text end , as a minimum, describe the 27.10location, design, construction, maintenance, and land acquisition needs of each component 27.11trail and shall give due consideration to the model standards for the establishment of 27.12recreational vehicle lanes promulgated by the commissioner of transportation pursuant to 27.13section . The program shall new text begin must new text end be developed after consultation with the state trail 27.14council and regional and local units of government and bicyclist organizations. 27.15    Sec. 4. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to 27.16read: 27.17    new text begin Subd. 7.new text end new text begin Clean Air Act settlement money.new text end new text begin "Clean Air Act settlement money" means new text end 27.18new text begin money required to be paid to the state as a result of litigation or settlements of alleged new text end 27.19new text begin violations of the federal Clean Air Act, United States Code, title 42, section 7401, et seq., new text end 27.20new text begin or rules adopted thereunder, by an automobile manufacturer. The commissioner of new text end 27.21new text begin management and budget must establish the Clean Air Act settlement account in the new text end 27.22new text begin environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of new text end 27.23new text begin management and budget must deposit Clean Air Act settlement money into the Clean Air new text end 27.24new text begin Act settlement account. Clean Air Act settlement money must not be spent until it is new text end 27.25new text begin specifically appropriated by law. The commissioner of management and budget must new text end 27.26new text begin eliminate the Clean Air Act settlement account in the environmental fund after all Clean new text end 27.27new text begin Air Act settlement money has been expended.new text end 27.28    Sec. 5. Minnesota Statutes 2016, section 117.189, is amended to read: 27.29117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS. 27.30new text begin (a) new text end Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187; 27.31117.188 ; and 117.52, subdivisions 1a and 4, do not apply to the use of eminent domain 27.32authority by public service corporations for any purpose other than construction or expansion 27.33of: 28.1(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary substations; 28.2or 28.3(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor 28.4stations or pumping stations.new text begin ; ornew text end 28.5new text begin (3) a light rail transit or bus rapid transit line.new text end 28.6    new text begin (b) new text end For purposes of an award of appraisal fees under section 117.085, the fees awarded 28.7may not exceed $1,500 for all types of property except for a public service corporation's 28.8use of eminent domain fornew text begin :new text end 28.9    new text begin (1)new text end a high-voltage transmission line, where the award may not exceed $3,000new text begin ; andnew text end 28.10    new text begin (2) a light rail transit or bus rapid transit line, where the award shall be as provided in new text end 28.11new text begin section 117.085new text end . 28.12new text begin (c) new text end For purposes of this section, "pipeline" does not include a natural gas distribution 28.13line transporting gas to an end user. 28.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from January 1, 2017.new text end 28.15    Sec. 6. Minnesota Statutes 2016, section 160.02, is amended by adding a subdivision to 28.16read: 28.17    new text begin Subd. 1a.new text end new text begin Bikeway.new text end new text begin "Bikeway" means a bicycle lane, bicycle path, shared use path, new text end 28.18new text begin bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive new text end 28.19new text begin use of bicycles or for shared use with other transportation modes.new text end 28.20    Sec. 7. Minnesota Statutes 2016, section 160.02, subdivision 27, is amended to read: 28.21    Subd. 27. Roadway; bicycle lane; bicycle route; bicycle path; bikeway. The terms 28.22"roadway," "bicycle lane," "bicycle route," new text begin and new text end "bicycle path," and "bikeway" have the 28.23meanings given in section 169.011. 28.24    Sec. 8. Minnesota Statutes 2016, section 160.02, is amended by adding a subdivision to 28.25read: 28.26    new text begin Subd. 27a.new text end new text begin Shared use path.new text end new text begin "Shared use path" means a bicycle facility that is (1) new text end 28.27new text begin physically separated from motorized vehicular traffic by an open space or barrier, (2) located new text end 28.28new text begin within either the highway right-of-way or an independent right-of-way, and (3) available new text end 28.29new text begin for use by other nonmotorized users.new text end 29.1    Sec. 9. Minnesota Statutes 2016, section 160.18, is amended by adding a subdivision to 29.2read: 29.3    new text begin Subd. 4.new text end new text begin Trunk highway appeal process.new text end new text begin If the commissioner denies or revokes a trunk new text end 29.4new text begin highway access permit, the property owner or occupant must be notified of the denial or new text end 29.5new text begin revocation in writing within ten days of the denial or revocation. Within 30 days of receiving new text end 29.6new text begin the notice of denial or revocation, the property owner or occupant may appeal the new text end 29.7new text begin commissioner's action in a contested case proceeding under chapter 14. Notwithstanding new text end 29.8new text begin section 14.61, the report or order of the administrative law judge constitutes the final decision.new text end 29.9    Sec. 10. Minnesota Statutes 2016, section 160.262, subdivision 1, is amended to read: 29.10    Subdivision 1. Model standardsnew text begin Bikeways; powers and duties; design guidelinesnew text end . 29.11new text begin (a) new text end The legislature determines that it is in the interests of the public health, safety and welfare, 29.12to provide for the addition of bicycle and recreational vehicle lanesnew text begin bikewaysnew text end to proposed 29.13and existing public highways. The commissioner of transportation shall adopt, in the manner 29.14provided in chapter 14, model standards for the establishment of recreational vehicle lanes 29.15on and along proposed and existing public highways. The model standards shall include 29.16but not be limited to the following: (a) criteria for desirability of a lane in any given location, 29.17(b) provision for maintenance of the lanes, and (c) the placement of the lanes in relation to 29.18roads. The model standards shall govern state trunk highways.new text begin The commissioner of new text end 29.19new text begin transportation is authorized to plan, design, establish, and maintain bikeways on the new text end 29.20new text begin right-of-way of any trunk highway. The commissioner is responsible for the design and new text end 29.21new text begin construction of all bikeway projects within the right-of-way of any trunk highway. The new text end 29.22new text begin commissioner must consider the development of bikeways during the planning, design, new text end 29.23new text begin construction, reconstruction, or improvement of any trunk highway, or allow the new text end 29.24new text begin establishment of such bikeways within trunk highway right-of-way.new text end 29.25new text begin (b) The commissioner must maintain bikeway design guidelines consistent with the state new text end 29.26new text begin transportation goals in section 174.01.new text end 29.27new text begin (c) The commissioner must compile and maintain a map of bikeways in the state and new text end 29.28new text begin must publish and distribute the map's information at least once every two years in a form new text end 29.29new text begin and manner suitable to assist persons wishing to use the bikeways.new text end 29.30new text begin (d) The commissioner must maintain bikeways within the limits of trunk highway new text end 29.31new text begin right-of-way unless a written agreement or limited use permit provides otherwise.new text end 30.1    Sec. 11. Minnesota Statutes 2016, section 160.262, subdivision 3, is amended to read: 30.2    Subd. 3. Cooperation among agencies and governments. The following departments 30.3and agencies shall cooperate in providingnew text begin on the nonmotorized transportation advisory new text end 30.4new text begin committee identified in section 174.37 must providenew text end information and advice for amendments 30.5to the model standardsnew text begin the bikeway design guidelines maintainednew text end by the commissioner of 30.6transportation: the Departments of Agriculture, Transportation, Natural Resources, 30.7Commerce, and Employment and Economic Development, and the Board of Water and Soil 30.8Resources. The commissioner may cooperate with and enter into agreements with the United 30.9States government, any department of the state of Minnesota, any unit of local government 30.10andnew text begin , any tribal government, ornew text end any public or private corporation in order to effect the purposes 30.11of this section. 30.12    Sec. 12. Minnesota Statutes 2016, section 160.262, subdivision 4, is amended to read: 30.13    Subd. 4. Design-build bridges for nonmotorized vehicles. For streets and highways, 30.14the commissioner shall new text begin must new text end allow for the acceptance of performance-specification bids, 30.15made by the lowest responsible bidder, for constructing design-build bridges for bicycle 30.16paths, bicycle trails,new text begin bikewaysnew text end and pedestrian facilities that are: 30.17(1) designed and used primarily for nonmotorized transportation, but may allow for 30.18motorized wheelchairs, golf carts, necessary maintenance vehicles and, when otherwise 30.19permitted by law, rule, or ordinance, snowmobiles; and 30.20(2) located apart from any road or highway or protected by barriers, provided that a 30.21design-built bridge may cross over and above a road or highway. 30.22    Sec. 13. Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision 30.23to read: 30.24    new text begin Subd. 1a.new text end new text begin State bicycle route; definition.new text end new text begin For the purposes of this section, "state bicycle new text end 30.25new text begin route" means a linear series of one or more roads or bikeways that is designated for bicycle new text end 30.26new text begin travel, regardless of whether for exclusive use by bicycles or shared use with other modes new text end 30.27new text begin of transportation.new text end 30.28    Sec. 14. Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision 30.29to read: 30.30    new text begin Subd. 1b.new text end new text begin State bicycle routes.new text end new text begin The commissioner of transportation must identify state new text end 30.31new text begin bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must new text end 30.32new text begin be identified in cooperation with road and trail authorities, including the commissioner of new text end 31.1new text begin natural resources, and with the advice of the advisory committee on nonmotorized new text end 31.2new text begin transportation under section 174.37. In a metropolitan area, state bicycle routes must be new text end 31.3new text begin identified in coordination with the plans and priorities established by metropolitan planning new text end 31.4new text begin organizations, as defined in United States Code, title 23, section 134.new text end 31.5    Sec. 15. Minnesota Statutes 2016, section 160.266, subdivision 3, is amended to read: 31.6    Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation with 31.7road and trail authorities including the commissioner of natural resources, shallnew text begin mustnew text end : 31.8(1) identify existing bikeways of regional significance that are in reasonable proximity 31.9but not connected to the bikewaynew text begin state bicycle routesnew text end established innew text begin undernew text end this section, 31.10including but not limited to the Lake Wobegon Trail in the counties of Stearns and Todd; 31.11and 31.12(2) support development of linkages between bikeways identified under clause (1) and 31.13the bikewaynew text begin state bicycle routesnew text end established innew text begin undernew text end this section. 31.14(b) The requirements of this subdivision are a secondary priority for use of funds available 31.15under this section following establishment and enhancement of the bikeway new text begin state bicycle new text end 31.16new text begin routesnew text end under subdivision 1new text begin this sectionnew text end . 31.17    Sec. 16. Minnesota Statutes 2016, section 160.266, subdivision 4, is amended to read: 31.18    Subd. 4. Cooperation with other entities. The commissioner may contract and enter 31.19into agreements with federal agencies, other state agencies, local governments, and new text begin tribal new text end 31.20new text begin governments, ornew text end private entities to establish, develop, maintain, and operate the bikewaynew text begin new text end 31.21new text begin state bicycle routesnew text end and to interpret associated natural and cultural resources. 31.22    Sec. 17. Minnesota Statutes 2016, section 160.266, subdivision 5, is amended to read: 31.23    Subd. 5. Funding. Bicyclenew text begin Shared usenew text end paths included within the bikewaynew text begin state bicycle new text end 31.24new text begin routesnew text end and not administered by the commissioner of natural resources are eligible for funding 31.25from the environment and natural resources trust fund under chapter 116P, from the parks 31.26and trails grant program under section 85.535, from the local recreation grants program 31.27under section 85.019, subdivision 4b, and from other sources. 32.1    Sec. 18. Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision 32.2to read: 32.3    new text begin Subd. 6.new text end new text begin Mississippi River Trail.new text end new text begin The Mississippi River Trail bikeway must originate new text end 32.4new text begin at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallel new text end 32.5new text begin the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in new text end 32.6new text begin Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk Rapids new text end 32.7new text begin in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County, St. Paul new text end 32.8new text begin in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County, Wabasha new text end 32.9new text begin in Wabasha County, Winona in Winona County, and La Crescent in Houston County to new text end 32.10new text begin Minnesota's boundary with Iowa and there terminate. Where opportunities exist, the bikeway new text end 32.11new text begin may be designated on both sides of the Mississippi River.new text end 32.12    Sec. 19. new text begin [160.801] HIGHWAY SPONSORSHIP PROGRAM.new text end 32.13    new text begin Subdivision 1.new text end new text begin Sponsorship program.new text end new text begin (a) The commissioner is authorized to establish new text end 32.14new text begin a program designed to encourage businesses, civic groups, or individuals to voluntarily new text end 32.15new text begin assist with the improvement and maintenance of real property comprising the trunk highway new text end 32.16new text begin system, including bicycle and pedestrian trails, roadside monuments, and historic sites.new text end 32.17new text begin (b) All support provided by volunteers or vendors must be carried out in a manner new text end 32.18new text begin consistent with construction and maintenance plans approved by the commissioner after new text end 32.19new text begin consultation with the volunteers.new text end 32.20new text begin (c) The commissioner may provide assistance to (1) enhance volunteer safety, and (2) new text end 32.21new text begin facilitate the implementation and administration of the sponsorship program.new text end 32.22    new text begin Subd. 2.new text end new text begin Agreements.new text end new text begin The commissioner may enter into volunteer agreements with new text end 32.23new text begin businesses, civic groups, or individuals to support, maintain, and make improvements to new text end 32.24new text begin real property included in the trunk highway system. Agreements under this section are not new text end 32.25new text begin subject to section 161.32.new text end 32.26    new text begin Subd. 3.new text end new text begin Support activities.new text end new text begin (a) The volunteer support activities include but are not new text end 32.27new text begin limited to:new text end 32.28new text begin (1) work to create, protect, and enhance pollinator habitat along highway rights-of-way;new text end 32.29new text begin (2) work to pick up litter along roadsides;new text end 32.30new text begin (3) work to install enhancements, including landscaping materials, on trunk highway new text end 32.31new text begin property;new text end 32.32new text begin (4) financial support provided to the department for specific roadside improvements;new text end 33.1new text begin (5) financial support consisting of the sponsor hiring a professional landscape contractor new text end 33.2new text begin to install vegetation, maintain landscape plantings, or pick up litter, or for other similar new text end 33.3new text begin activities along a selected area of highway right-of-way; ornew text end 33.4new text begin (6) installation of features that enhance the aesthetics of trunk highway property or the new text end 33.5new text begin amenities available to highway users.new text end 33.6new text begin (b) All volunteer support activities must have prior commissioner approval.new text end 33.7    new text begin Subd. 4.new text end new text begin Acknowledgment of sponsors.new text end new text begin The commissioner may erect signs to publicly new text end 33.8new text begin recognize and express appreciation to businesses, civic groups, and individuals that provide new text end 33.9new text begin volunteer funding or services under the sponsorship program.new text end 33.10    new text begin Subd. 5.new text end new text begin Highway sponsorship program account; appropriation.new text end new text begin Funds received new text end 33.11new text begin under this section must be deposited in the highway sponsorship program account, which new text end 33.12new text begin is created in the special revenue fund. The account consists of funds as provided by law, new text end 33.13new text begin and any other money donated, allotted, transferred, or otherwise provided to the account. new text end 33.14new text begin Funds in the account are annually appropriated to the commissioner for the purpose specified new text end 33.15new text begin in the volunteer agreement.new text end 33.16    new text begin Subd. 6.new text end new text begin Prohibition.new text end new text begin The commissioner must not take action under this section that new text end 33.17new text begin would result in the loss of federal highway funds or require payment of highway funds to new text end 33.18new text begin the federal government.new text end 33.19    Sec. 20. Minnesota Statutes 2016, section 161.04, subdivision 5, is amended to read: 33.20    Subd. 5. Trunk highway emergency relief account. (a) The trunk highway emergency 33.21relief account is created in the trunk highway fund. Money in the account is appropriated 33.22to the commissioner to be used to fund relief activities related to an emergency, as defined 33.23in section 161.32, subdivision 3, or under section 12A.16, subdivision 1. 33.24(b) Reimbursements by the Federal Highway Administration for emergency relief 33.25payments made from the trunk highway emergency relief account must be credited to the 33.26account. Notwithstanding section 16A.28, money in the account is available until spent. If 33.27the balance of the account at the end of a fiscal year is greater than $10,000,000, the amount 33.28above $10,000,000 must be canceled to the trunk highway fund. 33.29(c) By September 1, 2012, and in every subsequent even-numbered year by September 33.301, the commissioner shall submit a report to the chairs and ranking minority members of 33.31the senate and house of representatives committees having jurisdiction over transportation 33.32policy and finance. The report must include the balance, as well as details of payments made 33.33from and deposits made to the trunk highway emergency relief account since the last report. 34.1    Sec. 21. Minnesota Statutes 2016, section 161.081, subdivision 3, is amended to read: 34.2    Subd. 3. Flexible highway account; turnback accounts. (a) The flexible highway 34.3account is created in the state treasury. Money in the account shall be usednew text begin must be allocated new text end 34.4new text begin as followsnew text end : 34.5    (1) in fiscal years 2009 and 2010, 100 percent of the excess sum, as calculated in 34.6paragraph (i), and in fiscal years 2011 and thereafter, 50new text begin 16new text end percent of the excess sum, as 34.7calculated in paragraph (i),new text begin amount available in the flexible highway accountnew text end for counties 34.8in the metropolitan area, as defined in section 473.121, subdivision 4, but for the purposes 34.9of the calculation cities of the first class will be excluded in the metropolitan areanew text begin distributed new text end 34.10new text begin proportionally based on the most recent estimate of county population excluding the new text end 34.11new text begin population of any city of the first classnew text end ; and 34.12    (2) of the amount available in the flexible highway account less the amount under clause 34.13(1), as determined by the commissioner under this section for: 34.14    (i) restoration of former trunk highways that have reverted to counties or to statutory or 34.15home rule charter cities, or for trunk highways that will be restored and subsequently turned 34.16back by agreement between the commissioner and the local road authority; 34.17    (ii) safety improvements on county highways, municipal highways, streets, or town 34.18roads; and 34.19    (iii) routes of regional significance. 34.20    (b) For purposes of this subdivision, "restoration" means the level of effort required to 34.21improve the route that will be turned back to an acceptable condition as determined by 34.22agreement made between the commissioner and the county or city before the route is turned 34.23back. 34.24    (c) The commissioner shall review the need for funds to restore highways that have been 34.25or will be turned back. The commissioner shall determine, on a biennial basis, the percentage 34.26of funds in the flexible highway account to be distributed to each district, and within each 34.27district the percentage to be used for each of the purposes specified in paragraph (a). Money 34.28in the account may be used for safety improvements and routes of regional significance 34.29only after money is set aside to restore the identified turnbacks. The commissioner shall 34.30make these determinations only after meeting and holding discussions with committees 34.31selected by the statewide associations of both county commissioners and municipal officials. 34.32The commissioner shall, to the extent feasible, annually allocate 50 percent of the funds in 35.1the flexible highway account to the department's metropolitan district, and 50 percent to 35.2districts in greater Minnesota. 35.3    (d) Money that will be used for the restoration of trunk highways that have reverted or 35.4that will revert to cities must be deposited in the municipal turnback account, which is 35.5created in the state treasury. 35.6    (e) Money that will be used for the restoration of trunk highways that have reverted or 35.7that will revert to counties must be deposited in the county turnback account, which is 35.8created in the state treasury. 35.9    (f) Money that will be used for safety improvements must be deposited in the highway 35.10safety improvement account, which is created in the state treasury to be used as grants to 35.11statutory or home rule charter cities, towns, and counties to assist in paying the costs of 35.12constructing or reconstructing city streets, county highways, or town roads to reduce crashes, 35.13deaths, injuries, and property damage. 35.14    (g) Money that will be used for routes of regional significance must be deposited in the 35.15routes of regional significance account, which is created in the state treasury, and used as 35.16grants to statutory or home rule charter cities, towns, and counties to assist in paying the 35.17costs of constructing or reconstructing city streets, county highways, or town roads with 35.18statewide or regional significance that have not been fully funded through other state, federal, 35.19or local funding sources. 35.20    (h) As part of each biennial budget submission to the legislature, the commissioner shall 35.21describe how the money in the flexible highway account will be apportioned among the 35.22county turnback account, the municipal turnback account, the trunk highway fund for routes 35.23turned back to local governments by agreement, the highway safety improvement account, 35.24and the routes of regional significance account. 35.25    (i) The excess sum is calculated as the sum of revenue within the flexible highway 35.26account: 35.27    (1) attributed to that portion of the gasoline excise tax rate under section 296A.07, 35.28subdivision 3 , in excess of 20 cents per gallon, and to that portion of the excise tax rates in 35.29excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon for E85 35.30and M85 under section 296A.07, subdivision 3, and special fuel under section 296A.08, 35.31subdivision 2 ; 35.32    (2) attributed to a change in the passenger vehicle registration tax under section , 35.33imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal year 2008, 36.1multiplied by (ii) the annual average United States Consumer Price Index for the calendar 36.2year previous to the current calendar year, divided by the annual average United States 36.3Consumer Price Index for calendar year 2007; and 36.4    (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the 36.5percentage allocated to the flexible highway account in fiscal year 2007. 36.6    (j) For purposes of this subdivision, the United States Consumer Price Index identified 36.7in paragraph (i), clause (2), is for all urban consumers, United States city average, as 36.8determined by the United States Department of Labor. 36.9    Sec. 22. Minnesota Statutes 2016, section 161.088, subdivision 4, is amended to read: 36.10    Subd. 4. Project eligibility. (a) The commissioner shall establish eligibility requirements 36.11for projects that can be funded under the program. Eligibility must includenew text begin arenew text end : 36.12(1) consistency with the statewide multimodal transportation plan under section 174.03; 36.13(2) location of the project on an interregional corridor, for a project located outside of 36.14the Department of Transportation metropolitan district; 36.15(3) placement into at least one project classification under subdivision 3; 36.16(4) a maximumnew text begin project construction work will commence within three years, or a longernew text end 36.17length of time, as determined by the commissioner, until commencement of construction 36.18work on the project; and 36.19(5) for each type of project classification under subdivision 3, a maximum allowable 36.20amount for the total project cost estimate, as determined by the commissioner with available 36.21data. 36.22(b) A project whose construction is programmed in the state transportation improvement 36.23program is not eligible for funding under the program. This paragraph does not apply to a 36.24project that is programmed as result of selection under this section. 36.25(c) A project may be, but is not required to be, identified in the 20-year state highway 36.26capital investment plan under section 174.03. 36.27new text begin (d) For each project, the commissioner must consider all of the eligibility requirements new text end 36.28new text begin under paragraph (a). The commissioner is prohibited from considering any eligibility new text end 36.29new text begin requirement not specified under paragraph (a).new text end 37.1    Sec. 23. Minnesota Statutes 2016, section 161.088, subdivision 5, is amended to read: 37.2    Subd. 5. Project selection process; criteria. (a) The commissioner shall new text begin must new text end establish 37.3a process for identification, evaluation, and selection ofnew text begin to identify, evaluate, and selectnew text end 37.4projects under the program.new text begin The process must be consistent with the requirements of this new text end 37.5new text begin subdivision and must not include any additional evaluation criteria.new text end 37.6(b) As part of the project selection process, the commissioner shall new text begin must new text end annually accept 37.7recommendations on candidate projects from area transportation partnerships and other 37.8interested stakeholders in each Department of Transportation district. new text begin The commissioner new text end 37.9new text begin must determine the eligibility new text end for each candidate project identified under this paragraph, 37.10the commissioner shall determine eligibility, classify, and if appropriate, evaluate the project 37.11for the program.new text begin For each eligible project, the commissioner must classify and evaluate the new text end 37.12new text begin project for the program, using all of the criteria established under paragraph (c).new text end 37.13(c) Project evaluation and prioritization must be performed on the basis of objective 37.14criteria, which must includenew text begin Projects must be evaluated using all of the following criterianew text end : 37.15(1) a return on investment measure that provides for comparison across eligible projects; 37.16(2) measurable impacts on commerce and economic competitiveness; 37.17(3) efficiency in the movement of freight, including but not limited to: 37.18(i) measures of annual average daily traffic and commercial vehicle miles traveled, which 37.19may include data near the project location on that trunk highway or on connecting trunk 37.20and local highways; and 37.21(ii) measures of congestion or travel time reliability, which may be within or near the 37.22project limits, or both; 37.23(4) improvements to traffic safety; 37.24(5) connections to regional trade centers, local highway systems, and other transportation 37.25modes; 37.26(6) the extent to which the project addresses multiple transportation system policy 37.27objectives and principles; and 37.28(7) support and consensus for the project among members of the surrounding communitynew text begin ; new text end 37.29new text begin andnew text end 37.30new text begin (8) regional balance throughout the statenew text end . 38.1(d) new text begin The list of all projects evaluated must be made public and must include the score of new text end 38.2new text begin each project.new text end 38.3new text begin (e) new text end As part of the project selection process, the commissioner may divide funding to be 38.4separately available among projects within each classification under subdivision 3, and may 38.5apply separate or modified criteria among those projects falling within each classification. 38.6    Sec. 24. Minnesota Statutes 2016, section 161.088, subdivision 7, is amended to read: 38.7    Subd. 7. Legislative report; evaluation. (a) Starting in 2014, Annually by November 38.81, the commissioner shallnew text begin mustnew text end electronically submit a report on the corridors of commerce 38.9program to the chairs and ranking minority members of the legislative committees with 38.10jurisdiction over transportation policy and finance. At a minimum, the report must include: 38.11(1) a summary of the program, including a review of thenew text begin :new text end 38.12new text begin (i)new text end project selection processnew text begin details that address program design and implementation, new text end 38.13new text begin decision-making proceduresnew text end , new text begin and new text end eligibility and criteria,new text begin evaluation;new text end new text begin new text end 38.14new text begin (ii) criteria measurement methodologies and criteria weighting used in project selection; new text end 38.15new text begin andnew text end 38.16new text begin (iii) the policy that provides the weight given each criterion;new text end 38.17new text begin (2) a summary of program finance, includingnew text end funds expended in the previous selection 38.18cycle,new text begin any future operating costs assigned under subdivision 6,new text end and total funds expended 38.19since program inception; 38.20(2)new text begin (3)new text end a listingnew text begin listnew text end of projects funded under the program in the previous selection cycle, 38.21including: 38.22(i) project classification; 38.23(ii) a breakdown of project costs and funding sources;new text begin andnew text end 38.24(iii) any future operating costs assigned under subdivision 6; and 38.25(iv) a briefnew text begin projectnew text end description that is comprehensible to a lay audience; 38.26(3)new text begin (4)new text end a listingnew text begin comprehensive listnew text end ofnew text begin evaluated projects andnew text end candidate project 38.27recommendationsnew text begin asnew text end required under subdivision 5, paragraph (b), includingnew text begin that identifies new text end 38.28new text begin for eachnew text end projectnew text begin : eligibility,new text end classificationnew text begin , evaluation results for each criterion, score,new text end and 38.29disposition in the selection process; and 38.30(4)new text begin (5)new text end any recommendations for changes to statutory requirements of the program. 39.1(b) Starting in 2016, and In every even-numbered year thereafter, the commissioner 39.2shallnew text begin mustnew text end incorporate into the report the results of an independent evaluation of impacts 39.3and effectiveness of the program. The evaluation must be performed by agency staff or a 39.4consultant. The individual or individuals performing the evaluation must have experience 39.5in program evaluation, but must not be regularly involved in the program's implementation. 39.6new text begin (c) Notwithstanding paragraph (a), a report is not required in a year in which:new text end 39.7new text begin (1) no project selection was completed during the preceding 12 months; andnew text end 39.8new text begin (2) an evaluation under paragraph (b) is not due.new text end 39.9    Sec. 25. Minnesota Statutes 2016, section 161.115, subdivision 190, is amended to read: 39.10    Subd. 190. Route No. 259. Beginning at a point on Statutory Route No. 100, at or near 39.11Henderson; thence extending in a general southeasterly direction to a point on Statutory 39.12Route No. 123, at or near Le Sueur. 39.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day after the commissioner of new text end 39.14new text begin transportation receives a copy of the agreement between the commissioner of transportation new text end 39.15new text begin and the governing body of Le Sueur County to transfer jurisdiction of Legislative Route new text end 39.16new text begin No. 123 and after the commissioner notifies the revisor of statutes under section 145, new text end 39.17new text begin paragraph (b).new text end 39.18    Sec. 26. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 39.19read: 39.20    new text begin Subd. 83.new text end new text begin Chip A. Imker Memorial Highway.new text end new text begin That segment of marked Trunk Highway new text end 39.21new text begin 65 from Isanti County State-Aid Highway 19, known as 305th Avenue NE, to the northerly new text end 39.22new text begin limit of Cambridge Township is designated as "Chip A. Imker Memorial Highway." Subject new text end 39.23new text begin to section 161.139, the commissioner shall adopt a suitable design to mark this highway new text end 39.24new text begin and erect appropriate signs.new text end 39.25    Sec. 27. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 39.26read: 39.27    new text begin Subd. 84.new text end new text begin Medal of Honor Recipient Kenneth L. Olson Highway.new text end new text begin That segment of new text end 39.28new text begin marked Trunk Highway 23 within the city of Paynesville and the town of Paynesville is new text end 39.29new text begin designated as "Medal of Honor Recipient Kenneth L. Olson Highway." Subject to section new text end 39.30new text begin 161.139, the commissioner shall adopt a suitable design to mark this highway and erect new text end 39.31new text begin appropriate signs.new text end 40.1    Sec. 28. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 40.2read: 40.3    new text begin Subd. 85.new text end new text begin Corporal Benjamin S. Kopp Bridge.new text end new text begin The bridge on Dakota County State-Aid new text end 40.4new text begin Highway 46, known as Brandel Drive within the city of Coates, over marked U.S. Highway new text end 40.5new text begin 52 is designated as "Corporal Benjamin S. Kopp Bridge." Subject to section 161.139, the new text end 40.6new text begin commissioner shall adopt a suitable design to mark this highway and erect appropriate signs.new text end 40.7    Sec. 29. Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to 40.8read: 40.9    new text begin Subd. 86.new text end new text begin Senator Jim Metzen Memorial Highway.new text end new text begin That segment of marked U.S. new text end 40.10new text begin Highway 52 located within Dakota County is designated as "Senator Jim Metzen Memorial new text end 40.11new text begin Highway." Notwithstanding section 161.139, the commissioner shall adopt a suitable design new text end 40.12new text begin to mark this highway and erect appropriate signs.new text end 40.13    Sec. 30. Minnesota Statutes 2016, section 161.21, subdivision 1, is amended to read: 40.14    Subdivision 1. Location and design of highways. The commissioner may make or 40.15cause to be made such studies and investigations as the commissioner deems necessary for 40.16the purpose of determining the most advantageous location and design of trunk highways 40.17from the standpoint of both present and future traffic needs, and in making such 40.18determinations the commissioner may take into consideration the probable future 40.19development of both urban and rural areas and the effect of such development on future 40.20traffic needs as indicated by such studies and investigations and the location and design 40.21with respect to recreational vehicle lanenew text begin bikewaynew text end establishment. 40.22    Sec. 31. Minnesota Statutes 2016, section 161.321, subdivision 6, is amended to read: 40.23    Subd. 6. Rules; eligibility. (a) The rules adopted by the commissioner of administration 40.24to define small businesses and to set time and other eligibility requirements for participation 40.25in programs under sections 16C.16 to 16C.19 apply to this section. The commissioner may 40.26promulgate other rules necessary to carry out this section. 40.27(b) In addition to other eligibility requirements, a small targeted group business or 40.28veteran-owned small business is eligible for the bid preferences under this section only for 40.29eight years following the latest of: 40.30(1) May 1, 2012; 41.1(2) for a targeted group business, the date of initial certification by the commissioner of 41.2administration, as provided under section ; 41.3(3) for a veteran-owned small business, the date of initial certification by the United 41.4States Department of Veterans Affairs, as provided under section , paragraph (d); 41.5or 41.6(4) for a veteran-owned small business, the release or discharge of any one of the owners 41.7from military active service, as defined in section 190.05, subdivision 5, lasting for a period 41.8of 179 days or longer. 41.9    Sec. 32. Minnesota Statutes 2016, section 161.38, is amended by adding a subdivision to 41.10read: 41.11    new text begin Subd. 8.new text end new text begin Spending on trunk highway system.new text end new text begin The commissioner must maintain new text end 41.12new text begin information on expenditures by local road authorities from local funding sources for trunk new text end 41.13new text begin highway system projects.new text end 41.14    Sec. 33. Minnesota Statutes 2016, section 161.44, subdivision 5, is amended to read: 41.15    Subd. 5. Conveyance to highest bidder in certain cases. If the larger tract has been 41.16platted into lots or divided into smaller tracts and the commissioner elects to proceed under 41.17this subdivision, or if the lands constituted an entire tract and the person from whom the 41.18lands were acquired and the person's spouse are deceased, or if the offers as provided for 41.19are not accepted and the amount of money not tendered within the time prescribed, the lands 41.20may be sold and conveyed to thenew text begin owner of the land abutting upon the lands in the same new text end 41.21new text begin manner and under the same terms provided under subdivision 2, or the commissioner may new text end 41.22new text begin sell the lands to thenew text end highest responsible bidder upon three weeks' published notice of such 41.23sale in a newspaper or other periodical of general circulation in the general area where the 41.24lands are located. All bids may be rejected and new bids received upon like advertisement. 41.25    Sec. 34. Minnesota Statutes 2016, section 161.44, subdivision 6a, is amended to read: 41.26    Subd. 6a. Services of licensed real estate broker. If the lands remain unsold after being 41.27offered for sale to the highest biddernew text begin are withdrawn from sale under subdivision 6bnew text end , the 41.28commissioner may retain the services of a licensed real estate broker to find a buyer. The 41.29sale price may be negotiated by the broker, but must not be less than 90 percent of the 41.30appraised market value as determined by the commissioner. The broker's fee must be 41.31established by prior agreement between the commissioner and the broker, and must not 42.1exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be 42.2paid to the broker from the proceeds of the sale. 42.3    Sec. 35. Minnesota Statutes 2016, section 161.44, is amended by adding a subdivision to 42.4read: 42.5    new text begin Subd. 6b.new text end new text begin Unsold lands.new text end new text begin If lands remain unsold after being offered for sale to the highest new text end 42.6new text begin bidder, the commissioner may offer the remaining lands to any person who agrees to pay new text end 42.7new text begin the minimum bid established for the public sale. The sale must continue until all eligible new text end 42.8new text begin lands have been sold or the commissioner withdraws the remaining lands from sale. The new text end 42.9new text begin lands to be sold must be listed on the department's Unsold Property Inventory list.new text end 42.10    Sec. 36. Minnesota Statutes 2016, section 168.013, subdivision 1a, is amended to read: 42.11    Subd. 1a. Passenger automobile; hearse. (a) On passenger automobiles as defined in 42.12section 168.002, subdivision 24, and hearses, except as otherwise provided, the tax shall benew text begin new text end 42.13new text begin isnew text end $10 plus an additional tax equal to 1.25 percent of the base value. 42.14    (b) Subject to the classification provisions herein, "base value" means the manufacturer's 42.15suggested retail price of the vehicle including destination charge using list price information 42.16published by the manufacturer or determined by the registrar if no suggested retail price 42.17exists, and shall not include the cost of each accessory or item of optional equipment 42.18separately added to the vehicle and the suggested retail price. 42.19    (c) If the manufacturer's list price information contains a single vehicle identification 42.20number followed by various descriptions and suggested retail prices, the registrar shall 42.21select from those listings only the lowest price for determining base value. 42.22    (d) If unable to determine the base value because the vehicle is specially constructed, 42.23or for any other reason, the registrar may establish such value upon the cost price to the 42.24purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales 42.25or use tax or any local sales or other local tax. 42.26    (e) The registrar shall classify every vehicle in its proper base value class as follows: 42.27 FROM TO 42.28 $ 0 $ 199.99 42.29 $ 200 $ 399.99
42.30and thereafter a series of classes successively set in brackets having a spread of $200 42.31consisting of such number of classes as will permit classification of all vehicles. 43.1    (f) The base value for purposes of this section shall be the middle point between the 43.2extremes of its class. 43.3    (g) The registrar shall establish the base value, when new, of every passenger automobile 43.4and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31, 43.5using list price information published by the manufacturer or any nationally recognized 43.6firm or association compiling such data for the automotive industry. If unable to ascertain 43.7the base value of any registered vehicle in the foregoing manner, the registrar may use any 43.8other available source or method. The registrar shall calculate tax using base value 43.9information available to dealers and deputy registrars at the time the application for 43.10registration is submitted. The tax on all previously registered vehicles shall be computed 43.11upon the base value thus determined taking into account the depreciation provisions of 43.12paragraph (h). 43.13    (h) The annual additional tax must be computed upon a percentage of the base value as 43.14follows: during the first year of vehicle life, upon 100 percent of the base value; for the 43.15second year, 90 percent of such value; for the third year, 80 percent of such value; for the 43.16fourth year, 70 percent of such value; for the fifth year, 60 percent of such value; for the 43.17sixth year, 50 percent of such value; for the seventh year, 40 percent of such value; for the 43.18eighth year, 30 percent of such value; for the ninth year, 20 percent of such value; for the 43.19tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25. 43.20    (i) In no event shall the annual additional tax be less than $25. 43.21    (j) For any vehicle previously registered in Minnesotanew text begin and regardless of prior ownershipnew text end , 43.22the annual additional taxnew text begin total amountnew text end due under this subdivision new text begin and subdivision 1m new text end must 43.23not exceed the smallestnew text begin totalnew text end amount of annual additional tax previously paid or due on the 43.24vehicle. 43.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment, and new text end 43.26new text begin applies to taxes payable for a registration period starting on or after January 1, 2018.new text end 43.27    Sec. 37. Minnesota Statutes 2016, section 168.013, is amended by adding a subdivision 43.28to read: 43.29    new text begin Subd. 1m.new text end new text begin Electric vehicle.new text end new text begin In addition to the tax under subdivision 1a, a surcharge of new text end 43.30new text begin $75 is imposed for an all-electric vehicle, as defined in section 169.011, subdivision 1a. new text end 43.31new text begin Notwithstanding subdivision 8, revenue from the fee imposed under this subdivision must new text end 43.32new text begin be deposited in the highway user tax distribution fund.new text end 44.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment, and new text end 44.2new text begin applies to a registration period starting on or after January 1, 2018.new text end 44.3    Sec. 38. Minnesota Statutes 2016, section 168.021, subdivision 1, is amended to read: 44.4    Subdivision 1. Disability plates; application. (a) When a motor vehicle registered under 44.5section 168.017, a motorcycle, new text begin a motorized bicycle, new text end a one-ton pickup truck, or a self-propelled 44.6recreational vehicle is owned or primarily operated by a permanently physically disabled 44.7person or a custodial parent or guardian of a permanently physically disabled minornew text begin personnew text end , 44.8the owner may apply for and secure from the commissioner (1) immediately, a temporary 44.9permit valid for 30 days if the applicant is eligible for the disability plates issued under this 44.10section and (2) two disability plates with attached emblems, one plate to be attached to the 44.11front, and one to the rear of the motor vehicle, truck, or recreational vehicle, or, in the case 44.12of a motorcyclenew text begin or a motorized bicyclenew text end , one disability plate the same size as a regular 44.13motorcycle plate. 44.14    (b) The commissioner shall not issue more than one plate to the owner of a motorcycle 44.15new text begin or a motorized bicycle new text end and not more than one set of plates to any owner of another vehicle 44.16described in paragraph (a) at the same time unless the state Council on Disability approves 44.17the issuance of a second plate or set of plates to an owner. 44.18    (c) When the owner first applies for the disability plate or plates, the owner must submit 44.19a medical statement in a format approved by the commissioner under section 169.345, or 44.20proof of physical disability provided for in that section. 44.21    (d) No medical statement or proof of disability is required when an owner applies for a 44.22plate or plates for one or more vehicles listed in paragraph (a) that are specially modified 44.23for and used exclusively by permanently physically disabled persons. 44.24    (e) The owner of a vehicle listed in paragraph (a) may apply for and secure (i) 44.25immediately, a permit valid for 30 days, if the applicant is eligible to receive the disability 44.26plate or plates issued under this section, and (ii) a disability plate or plates for the vehicle 44.27if: 44.28    (1) the owner employs a permanently physically disabled person who would qualify for 44.29the disability plate or plates under this section; and 44.30    (2) the owner furnishes the motor vehicle to the physically disabled person for the 44.31exclusive use of that person in the course of employment. 44.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end 45.1    Sec. 39. Minnesota Statutes 2016, section 168.021, subdivision 2, is amended to read: 45.2    Subd. 2. Plate design; furnished by commissioner. The commissioner shall design 45.3and furnish two disability plates, or one disability plate for a motorcycle new text begin or a motorized new text end 45.4new text begin bicycle new text end that is the same size as a regular motorcycle plate, with attached emblem or emblems 45.5to an eligible owner. The emblem must bear the internationally accepted wheelchair symbol, 45.6as designated in section 326B.106, subdivision 9, approximately three inches square. The 45.7emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant 45.8eligible for a disability plate or plates shall pay the motor vehicle registration fee authorized 45.9by sections 168.013 and 168.09. 45.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end 45.11    Sec. 40. Minnesota Statutes 2016, section 168.021, subdivision 2a, is amended to read: 45.12    Subd. 2a. Plate transfer. (a) When ownership of a vehicle described in subdivision 1, 45.13is transferred, the owner of the vehicle shall remove the disability plate or plates. The buyer 45.14of the motor vehicle is entitled to receive a regular plate or plates for the vehicle without 45.15further cost for the remainder of the registration period. 45.16(b) Notwithstanding section 168.12, subdivision 1, the disability plate or plates may be 45.17transferred to a replacement vehicle on notification to the commissioner. However, the 45.18disability plate or plates may not be transferred unless the replacement vehicle (1) is listed 45.19under section 168.012, subdivision 1, and, in case of a single plate for a motorcyclenew text begin or a new text end 45.20new text begin motorized bicyclenew text end , the replacement vehicle is a motorcyclenew text begin or a motorized bicyclenew text end , and (2) 45.21is owned or primarily operated by the permanently physically disabled person. 45.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end 45.23    Sec. 41. new text begin [168.1256] RETIRED LAW ENFORCEMENT SPECIAL PLATES.new text end 45.24    new text begin Subdivision 1.new text end new text begin Issuance of plates.new text end new text begin The commissioner shall issue retired law enforcement new text end 45.25new text begin license special plates or a single motorcycle plate to an applicant who:new text end 45.26new text begin (1) is a registered owner of a passenger automobile, noncommercial one-ton pickup new text end 45.27new text begin truck, motorcycle, or recreational vehicle;new text end 45.28new text begin (2) is a retired peace officer as defined in section 626.84, subdivision 1, paragraph (c) new text end 45.29new text begin or (d);new text end 45.30new text begin (3) provides a letter from the chief law enforcement officer affirming that the applicant new text end 45.31new text begin is a retired peace officer who served ten or more years and separated in good standing;new text end 46.1new text begin (4) pays a fee of $10 for each set of plates, along with any other fees required by this new text end 46.2new text begin chapter;new text end 46.3new text begin (5) pays the registration tax as required under section 168.013; andnew text end 46.4new text begin (6) complies with this chapter and rules governing registration of motor vehicles and new text end 46.5new text begin licensing of drivers.new text end 46.6    new text begin Subd. 2.new text end new text begin Design.new text end new text begin The commissioner shall design an emblem and inscription for the new text end 46.7new text begin special plates, in consultation with interested law enforcement agencies and organizations.new text end 46.8    new text begin Subd. 3.new text end new text begin Plates transfer.new text end new text begin On application to the commissioner and payment of a transfer new text end 46.9new text begin fee of $5, special plates issued under this section may be transferred to another motor vehicle new text end 46.10new text begin if the subsequent vehicle is:new text end 46.11new text begin (1) qualified under subdivision 1, clause (1), to bear the special plates; andnew text end 46.12new text begin (2) registered to the same individual to whom the special plates were originally issued.new text end 46.13    new text begin Subd. 4.new text end new text begin Exemption.new text end new text begin Special plates issued under this section are not subject to section new text end 46.14new text begin 168.1293, subdivision 2.new text end 46.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018, for special retired law new text end 46.16new text begin enforcement plates issued on or after that date.new text end 46.17    Sec. 42. new text begin [168.1294] "START SEEING MOTORCYCLES" SPECIAL PLATES.new text end 46.18    new text begin Subdivision 1.new text end new text begin Issuance of plates.new text end new text begin The commissioner must issue "Start Seeing new text end 46.19new text begin Motorcycles" special license plates or a single motorcycle plate to an applicant who:new text end 46.20new text begin (1) is a registered owner of a passenger automobile, noncommercial one-ton pickup new text end 46.21new text begin truck, motorcycle, or recreational vehicle;new text end 46.22new text begin (2) pays a fee of $10 for each set of plates;new text end 46.23new text begin (3) pays the registration tax as required under section 168.013, along with any other fees new text end 46.24new text begin required by this chapter;new text end 46.25new text begin (4) contributes a minimum of $10 annually to the motorcycle safety fund, created under new text end 46.26new text begin section 171.06, subdivision 2a, paragraph (a), clause (1); andnew text end 46.27new text begin (5) complies with this chapter and rules governing registration of motor vehicles and new text end 46.28new text begin licensing of drivers.new text end 46.29    new text begin Subd. 2.new text end new text begin Design.new text end new text begin The representatives of American Bikers for Awareness, Training, and new text end 46.30new text begin Education of Minnesota must design the special plate to contain the inscription "Start Seeing new text end 47.1new text begin Motorcycles" between the bolt holes on the bottom of the plate with a design area on the new text end 47.2new text begin left side of the plate, subject to the approval of the commissioner.new text end 47.3    new text begin Subd. 3.new text end new text begin Plates transfer.new text end new text begin On application to the commissioner and payment of a transfer new text end 47.4new text begin fee of $5, special plates issued under this section may be transferred to another motor vehicle new text end 47.5new text begin if the subsequent vehicle is:new text end 47.6new text begin (1) qualified under subdivision 1, clause (1), to bear the special plates; andnew text end 47.7new text begin (2) registered to the same individual to whom the special plates were originally issued.new text end 47.8    new text begin Subd. 4.new text end new text begin Exemption.new text end new text begin Special plates issued under this section are not subject to section new text end 47.9new text begin 168.1293, subdivision 2.new text end 47.10    new text begin Subd. 5.new text end new text begin Fees.new text end new text begin Fees collected under subdivision 1, clause (2), and subdivision 3 are new text end 47.11new text begin credited to the vehicle services operating account in the special revenue fund.new text end 47.12    new text begin Subd. 6.new text end new text begin No refund.new text end new text begin Contributions under this section must not be refunded.new text end 47.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018, for special "Start Seeing new text end 47.14new text begin Motorcycles" plates issued on or after that date.new text end 47.15    Sec. 43. Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to 47.16read: 47.17    new text begin Subd. 31.new text end new text begin Documentary fee.new text end new text begin (a) A motor vehicle dealer may not charge a documentary new text end 47.18new text begin fee or document administration fee in excess of the amounts provided under paragraph (b) new text end 47.19new text begin for services actually rendered to, for, or on behalf of the retail buyer or lessee to prepare, new text end 47.20new text begin handle, and process documents for the closing of a motor vehicle retail sale or lease. The new text end 47.21new text begin fee must be separately stated on the sales agreement maintained under Minnesota Rules, new text end 47.22new text begin part 7400.5200, and may be excluded from the dealer's advertised price.new text end 47.23new text begin (b) For motor vehicle sales or leases made on or after July 1, 2017, through June 30, new text end 47.24new text begin 2020, the maximum fee is $100. For motor vehicle sales or leases made on or after July 1, new text end 47.25new text begin 2020, the maximum fee is $125.new text end 47.26new text begin (c) "Documentary fee" and "document administration fee" do not include an optional new text end 47.27new text begin electronic transfer fee as defined under section 53C.01, subdivision 14.new text end 47.28    Sec. 44. Minnesota Statutes 2016, section 168.33, subdivision 2, is amended to read: 47.29    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause 47.30discontinue, a deputy registrar for any statutory or home rule charter city as the public 47.31interest and convenience may require, without regard to whether the county auditor of the 48.1county in which the city is situated has been appointed as the deputy registrar for the county 48.2or has been discontinued as the deputy registrar for the county, and without regard to whether 48.3the county in which the city is situated has established a county license bureau that issues 48.4motor vehicle licenses as provided in section 373.32. 48.5(b) The commissioner may appoint, and for cause discontinue, a deputy registrar for any 48.6statutory or home rule charter city as the public interest and convenience may require, if 48.7the auditor for the county in which the city is situated chooses not to accept appointment 48.8as the deputy registrar for the county or is discontinued as a deputy registrar, or if the county 48.9in which the city is situated has not established a county license bureau that issues motor 48.10vehicle licenses as provided in section 373.32. 48.11(c) The commissioner may appoint, and for cause discontinue, the county auditor of 48.12each county as a deputy registrar. 48.13(d) Despite any other provision, a person other than a county auditor or a director of a 48.14county license bureau, who was appointed by the registrar before August 1, 1976, as a 48.15deputy registrar for any statutory or home rule charter city, may continue to serve as deputy 48.16registrar and may be discontinued for cause only by the commissioner. The county auditor 48.17who appointed the deputy registrars is responsible for the acts of deputy registrars appointed 48.18by the auditor. 48.19(e) Each deputy, before entering upon the discharge of duties, shall take and subscribe 48.20an oath to faithfully discharge the duties and to uphold the laws of the state. 48.21(f) If a deputy registrar appointed under this subdivision is not an officer or employee 48.22of a county or statutory or home rule charter city, the deputy shall in addition give bond to 48.23the state in the sum of $10,000, or a larger sum as may be required by the commissioner, 48.24conditioned upon the faithful discharge of duties as deputy registrar. 48.25(g) A corporation governed by chapter 302A or 317A may be appointed a deputy registrar. 48.26Upon application by an individual serving as a deputy registrar and the giving of the requisite 48.27bond as provided in this subdivision, personally assured by the individual or another 48.28individual approved by the commissioner, a corporation named in an application then 48.29becomes the duly appointed and qualified successor to the deputy registrar. 48.30(h) Each deputy registrar appointed under this subdivision shall keep and maintain office 48.31locations approved by the commissioner for the registration of vehicles and the collection 48.32of taxes and fees on vehicles. 49.1(i) The deputy registrar shall keep records and make reports to the commissioner as the 49.2commissioner requires. The records must be maintained at the offices of the deputy registrar.new text begin new text end 49.3new text begin in a manner that complies with sections 13.05, subdivision 5, and 13.055. As an alternative new text end 49.4new text begin to paper copy storage, a deputy registrar may retain records and documents in a secure new text end 49.5new text begin electronic medium that complies with the security requirements under the United States new text end 49.6new text begin Federal Bureau of Investigation, Criminal Justice Information Services Division, Policy 5.4 new text end 49.7new text begin or any successor policy, provided 60 days have elapsed since the transaction and subject to new text end 49.8new text begin standards established by the commissioner. The deputy registrar is responsible for all costs new text end 49.9new text begin associated with the conversion to electronic records and maintenance of the electronic new text end 49.10new text begin storage medium, including the destruction of existing paper records after conversion to the new text end 49.11new text begin electronic format. All queries and responses in the secure electronic medium, and all actions new text end 49.12new text begin in which data are entered, updated, accessed, or shared or disseminated by the deputy new text end 49.13new text begin registrar must be contained in a data audit trail. Data contained in the audit trail are public new text end 49.14new text begin to the extent the data are not otherwise classified under this section.new text end The records and offices 49.15of the deputy registrar must at all times be open to the inspection of the commissioner or 49.16the commissioner's agents. The deputy registrar shall report to the commissioner by the 49.17next working day following receipt all registrations made and taxes and fees collected by 49.18the deputy registrar. 49.19(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of the 49.20place for which appointed or, if not a public official, a deputy shall retain the filing fee, but 49.21the registration tax and any additional fees for delayed registration the deputy registrar has 49.22collected the deputy registrar shall deposit by the next working day following receipt in an 49.23approved state depository to the credit of the state through the commissioner of management 49.24and budget. The place for which the deputy registrar is appointed through its governing 49.25body must provide the deputy registrar with facilities and personnel to carry out the duties 49.26imposed by this subdivision if the deputy is a public official. In all other cases, the deputy 49.27shall maintain a suitable facility for serving the public. 49.28    Sec. 45. Minnesota Statutes 2016, section 168A.09, subdivision 1, is amended to read: 49.29    Subdivision 1. Application, issuance, form, bond, and notice. new text begin (a) new text end In the event a 49.30certificate of title is lost, stolen, mutilated, or destroyednew text begin ,new text end or becomes illegible, the owner or 49.31legal representative of the owner named in the certificate may makenew text begin submit annew text end application 49.32to the department or a deputy registrar for a duplicate in a format prescribed by the 49.33department. The department shallnew text begin or deputy registrar mustnew text end issue a duplicate certificate of 49.34title if satisfied that the applicant is entitled theretonew text begin to the duplicate certificate of titlenew text end . The 49.35duplicate certificate of title shallnew text begin mustnew text end be plainly marked as a duplicate and mailed or 50.1delivered to the owner. The department shallnew text begin or deputy registrar mustnew text end indicate in itsnew text begin the new text end 50.2new text begin driver and vehicle information systemnew text end records that a duplicatenew text begin certificate of titlenew text end has been 50.3issued. As a condition to issuing a duplicate certificate of title, the department may require 50.4a bond from the applicant in the manner and format prescribed in section 168A.07, 50.5subdivision 1 , clause (2). The duplicate certificate of title shallnew text begin mustnew text end contain the legend: 50.6"This duplicate certificate of title may be subject to the rights of a person under the original 50.7certificate." 50.8new text begin (b) On and after the effective date of this section, the commissioner must allow duplicate new text end 50.9new text begin certificate of title issuance by a deputy registrar, subject to procedures established by the new text end 50.10new text begin commissioner.new text end 50.11new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2018.new text end 50.12    Sec. 46. new text begin [168A.125] TRANSFER-ON-DEATH TITLE TO MOTOR VEHICLE.new text end 50.13    new text begin Subdivision 1.new text end new text begin Titled as transfer-on-death.new text end new text begin A natural person who is the owner of a new text end 50.14new text begin motor vehicle may have the motor vehicle titled in transfer-on-death or TOD form by new text end 50.15new text begin including in the application for the certificate of title a designation of a beneficiary or new text end 50.16new text begin beneficiaries to whom the motor vehicle must be transferred on death of the owner or the new text end 50.17new text begin last survivor of joint owners with rights of survivorship, subject to the rights of secured new text end 50.18new text begin parties.new text end 50.19    new text begin Subd. 2.new text end new text begin Designation of beneficiary.new text end new text begin A motor vehicle is registered in transfer-on-death new text end 50.20new text begin form by designating on the certificate of title the name of the owner and the names of joint new text end 50.21new text begin owners with identification of rights of survivorship, followed by the words "transfer-on-death new text end 50.22new text begin to (name of beneficiary or beneficiaries)." The designation "TOD" may be used instead of new text end 50.23new text begin "transfer-on-death." A title in transfer-on-death form is not required to be supported by new text end 50.24new text begin consideration, and the certificate of title in which the designation is made is not required to new text end 50.25new text begin be delivered to the beneficiary or beneficiaries in order for the designation to be effective. new text end 50.26new text begin If the owner of the motor vehicle is married at the time of the designation, the designation new text end 50.27new text begin of a beneficiary other than the owner's spouse requires the spouse's written consent.new text end 50.28    new text begin Subd. 3.new text end new text begin Interest of beneficiary.new text end new text begin The transfer-on-death beneficiary or beneficiaries have new text end 50.29new text begin no interest in the motor vehicle until the death of the owner or the last survivor of joint new text end 50.30new text begin owners with rights of survivorship. A beneficiary designation may be changed at any time new text end 50.31new text begin by the owner or by all joint owners with rights of survivorship, without the consent of the new text end 50.32new text begin beneficiary or beneficiaries, by filing an application for a new certificate of title.new text end 51.1    new text begin Subd. 4.new text end new text begin Vesting of ownership in beneficiary.new text end new text begin Ownership of a motor vehicle titled in new text end 51.2new text begin transfer-on-death form vests in the designated beneficiary or beneficiaries on the death of new text end 51.3new text begin the owner or the last of the joint owners with rights of survivorship, subject to the rights of new text end 51.4new text begin secured parties. The transfer-on-death beneficiary or beneficiaries who survive the owner new text end 51.5new text begin may apply for a new certificate of title to the motor vehicle upon submitting a certified death new text end 51.6new text begin record of the owner of the motor vehicle. If no transfer-on-death beneficiary or beneficiaries new text end 51.7new text begin survive the owner of a motor vehicle, the motor vehicle must be included in the probate new text end 51.8new text begin estate of the deceased owner. A transfer of a motor vehicle to a transfer-on-death beneficiary new text end 51.9new text begin or beneficiaries is not a testamentary transfer.new text end 51.10    new text begin Subd. 5.new text end new text begin Rights of creditors.new text end new text begin (a) This section does not limit the rights of any secured new text end 51.11new text begin party or creditor of the owner of a motor vehicle against a transfer-on-death beneficiary or new text end 51.12new text begin beneficiaries.new text end 51.13new text begin (b) The state or a county agency with a claim or lien authorized by section 246.53, new text end 51.14new text begin 256B.15, 261.04, or 270C.63 is a creditor for purposes of this subdivision. A claim authorized new text end 51.15new text begin by section 256B.15 against the estate of an owner of a motor vehicle titled in new text end 51.16new text begin transfer-on-death form voids any transfer-on-death conveyance of a motor vehicle as new text end 51.17new text begin described in this section. A claim or lien under section 246.53, 261.04, or 270C.63 continues new text end 51.18new text begin to apply against the designated beneficiary or beneficiaries after the transfer under this new text end 51.19new text begin section if other assets of the deceased owner's estate are insufficient to pay the amount of new text end 51.20new text begin the claim. The claim or lien continues to apply to the motor vehicle until the designated new text end 51.21new text begin beneficiary sells or transfers it to a person against whom the claim or lien does not apply new text end 51.22new text begin and who did not have actual notice or knowledge of the claim or lien.new text end 51.23    Sec. 47. Minnesota Statutes 2016, section 168A.141, is amended to read: 51.24168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY. 51.25    Subdivision 1. Certificates surrendered for cancellation. new text begin (a) new text end When a manufactured 51.26home isnew text begin to be affixed or isnew text end affixed, as defined in section 273.125, subdivision 8, paragraph 51.27(b), to real property, and financed by the giving of a mortgage on the real property, the 51.28owner of the manufactured home shallnew text begin maynew text end surrender the manufacturer's certificate of origin 51.29or certificate of title to the department for cancellation. The owner ofnew text begin so thatnew text end the manufactured 51.30home shall give the department the address and legal description of thenew text begin becomes an new text end 51.31new text begin improvement tonew text end real property. The department may require the filing of other informationnew text begin new text end 51.32new text begin and is no longer titled as personal propertynew text end . The department must not issue a certificate of 51.33title for a manufactured home under chapter 168A if the manufacturer's certificate of origin 51.34is or has been surrendered under this subdivision, except as provided in section 168A.142. 52.1Upon surrender of the manufacturer's certificate of origin or the certificate of title, the 52.2department shallnew text begin mustnew text end issue notice of surrender to the owner, and new text begin upon recording an affidavit new text end 52.3new text begin of affixation, which the county recorder or registrar of titles, as applicable, must accept, new text end the 52.4manufactured home is deemed to be an improvement to real property. The notice of surrender 52.5may be recorded in the office of the county recorder or with the registrar of titles if the land 52.6is registered but need not contain an acknowledgment.new text begin An affidavit of affixation by the new text end 52.7new text begin owner of the manufactured home must include the following information:new text end 52.8new text begin (1) the name, residence address, and mailing address of owner or owners of the new text end 52.9new text begin manufactured home;new text end 52.10new text begin (2) the legal description of the real property in which the manufactured home is, or will new text end 52.11new text begin be, located;new text end 52.12new text begin (3) a copy of the surrendered manufacturer's certificate of origin or certificate of title new text end 52.13new text begin and the notice of surrender;new text end 52.14new text begin (4) a written statement from the county auditor or county treasurer of the county where new text end 52.15new text begin the manufactured home is located stating that all property taxes payable in the current year, new text end 52.16new text begin as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not new text end 52.17new text begin applicable;new text end 52.18new text begin (5) the name and address of the person designated by the applicant to record the original new text end 52.19new text begin affidavit of affixation with the county recorder or registrar of titles for the county where the new text end 52.20new text begin real property is located; andnew text end 52.21new text begin (6) the signature of the person who executes the affidavit, properly executed before a new text end 52.22new text begin person authorized to authenticate an affidavit in this state.new text end 52.23new text begin (b) The person designated in paragraph (a), clause (5), must record, or arrange for the new text end 52.24new text begin recording of, the affidavit of affixation, accompanied by the fees for recording and for new text end 52.25new text begin issuing a certified copy of the notice, including all attachments, showing the recording date. new text end 52.26new text begin Upon obtaining the certified copy of the notice under this paragraph, the person designated new text end 52.27new text begin in the affidavit must deliver the certified copy to the county auditor of the county in which new text end 52.28new text begin the real property to which the manufactured home was affixed is located.new text end 52.29    new text begin (c) The department is not liable for any errors, omissions, misstatements, or other new text end 52.30new text begin deficiencies or inaccuracies in documents presented to the department under this section, new text end 52.31new text begin if the documents presented appear to satisfy the requirements of this section. The department new text end 52.32new text begin has no obligation to investigate the accuracy of statements contained in the documents.new text end 53.1    new text begin Subd. 1a.new text end new text begin Affidavit form.new text end new text begin An affidavit of affixation must be in substantially the following new text end 53.2new text begin form and must contain the following information.new text end 53.3new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATIONnew text end 53.4new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141new text end 53.5new text begin Homeowner, being duly sworn, on his or her oath, states as follows:new text end 53.6new text begin 1. Homeowner owns the manufactured home ("home") described as follows:new text end 53.7 ..... 53.8 53.9 new text begin New/Usednew text end new text begin Yearnew text end new text begin Manufacturer's new text end new text begin Namenew text end new text begin Model Name or new text end new text begin Model No.new text end new text begin Manufacturer's new text end new text begin Serial No.new text end new text begin Length/Widthnew text end
53.10new text begin 2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is new text end 53.11new text begin attached.new text end 53.12new text begin 3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety new text end 53.13new text begin Driver and Vehicle Services is attached.new text end 53.14new text begin 4. The home is or will be located at the following "Property Address":new text end 53.15 ..... 53.16 new text begin Street or Route new text end ..... new text begin City new text end ..... new text begin County new text end ..... new text begin State new text end ..... new text begin Zip Code new text end .....
53.17new text begin 5. The legal description of the property address ("land") is as follows or as attached hereto:new text end 53.18 ..... 53.19 ..... 53.20 .....
53.21new text begin 6. The homeowner is the owner of the land.new text end 53.22new text begin 7. The home is, or must be promptly upon delivery, anchored to the land by attachment to new text end 53.23new text begin a permanent foundation and connected to appropriate residential utilities (e.g., water, gas, new text end 53.24new text begin electricity, sewer).new text end 53.25new text begin 8. The homeowner intends that the home be an immovable permanent improvement to the new text end 53.26new text begin land, free of any personal property security interest.new text end 53.27new text begin 9. A copy of the written statement from the county auditor or county treasurer of the county new text end 53.28new text begin in which the manufactured home is then located, stating that all property taxes payable in new text end 53.29new text begin the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph new text end 53.30new text begin (b)), have been paid, or are not applicable, is attached.new text end 53.31new text begin 10. The home must be assessed and taxed as an improvement to the land.new text end 54.1new text begin 11. The name and address of the person designated by the homeowner to record the original new text end 54.2new text begin affidavit of surrender with the county recorder or registrar of titles of the county in which new text end 54.3new text begin the real estate is located is:new text end 54.4 new text begin Name new text end ..... 54.5 new text begin Street Address new text end ..... 54.6 new text begin City, State, Zip Code new text end ..... 54.7 new text begin Phone new text end ..... 54.8 new text begin E-mail new text end .....
54.9new text begin IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of new text end 54.10new text begin ......., 20...new text end 54.11 ..... ..... 54.12 new text begin Homeowner Signaturenew text end new text begin Addressnew text end 54.13 ..... ..... 54.14 new text begin Printed Namenew text end new text begin City, Statenew text end 54.15 ..... 54.16 new text begin Homeowner Signature (if applicable)new text end 54.17 ..... 54.18 new text begin Printed Namenew text end
54.19new text begin This instrument was drafted by, and when recorded return to:new text end 54.20 ..... 54.21 ..... 54.22 .....
54.23new text begin Subscribed and sworn to before me this ....... day of ......., .......new text end 54.24 new text begin ......................................................................new text end 54.25 new text begin Signature of Notary Public or Other Officialnew text end
54.26new text begin Notary Stamp or Sealnew text end 54.27new text begin (optional)new text end 54.28new text begin Lender's Statement of Intent:new text end 54.29new text begin The undersigned ("lender") intends that the home be immovable and a permanent new text end 54.30new text begin improvement to the land free of any personal property security interest.new text end 54.31 ..... 54.32 new text begin Lendernew text end 54.33 new text begin By: new text end ..... 54.34 new text begin Authorized Signaturenew text end 55.1 new text begin STATE OF new text end ..... new text begin )new text end 55.2 ..... new text begin ) ss:new text end 55.3 new text begin COUNTY OF new text end ..... new text begin )new text end
55.4new text begin On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and new text end 55.5new text begin for said state, personally appearednew text end 55.6 .....
55.7new text begin personally known to me or proved to me on the basis of satisfactory evidence to be the new text end 55.8new text begin individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged new text end 55.9new text begin to me that he/she/they executed the same in his/her/their capacity(ies), and that by new text end 55.10new text begin his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of new text end 55.11new text begin which the individual(s) acted, executed the instrument.new text end 55.12 ..... 55.13 new text begin Notary Signaturenew text end 55.14 ..... 55.15 new text begin Notary Printed Namenew text end 55.16 new text begin Notary Public, State of new text end ..... 55.17 new text begin Qualified in the County of new text end ..... 55.18 new text begin My commission expires new text end .....
55.19new text begin Official seal:new text end 55.20    Subd. 2. Perfected security interest avoids cancellationnew text begin prevents surrendernew text end . The 55.21department may not cancel a certificate of title ifnew text begin , under this chapter,new text end a security interest has 55.22been perfected on the manufactured home. If a security interest has been perfected, the 55.23department shallnew text begin mustnew text end notify the owner andnew text begin thatnew text end each secured party that thenew text begin must release or new text end 55.24new text begin satisfy the security interest prior to proceeding with surrender of the manufacturer's certificate new text end 55.25new text begin of origin ornew text end certificate of title and a description of the security interest have been surrendered 55.26to the department and that the department will not cancel the certificate of title until the 55.27security interest is satisfiednew text begin for cancellationnew text end . Permanent attachment to real propertynew text begin or the new text end 55.28new text begin recording of an affidavit of affixationnew text end does not extinguish an otherwise valid security interest 55.29in or tax lien on the manufactured homenew text begin , unless the requirements of section 168A.141, new text end 55.30new text begin subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfiednew text end . 55.31    Subd. 3. Notice of security interest avoids surrender. The manufacturer's certificate 55.32of origin or the certificate of title need not be surrendered to the department under subdivision 55.331 When a perfected security interest existsnew text begin , or will exist,new text end on the manufactured home at the 55.34time the manufactured home is affixed to real property, ifnew text begin and the owner has not satisfied new text end 55.35new text begin the requirements of section 168A.141, subdivision 1,new text end the owner of the manufactured home 56.1filesnew text begin , or its secured party, may recordnew text end a notice with the county recorder, or with the registrar 56.2of titles, if the land is registered, stating that the manufactured home located on the property 56.3is encumbered by a perfected security interestnew text begin and is not an improvement to real propertynew text end . 56.4The notice must state the name and address of the secured party as set forth on the certificate 56.5of title, the legal description of the real property, and the name and address of the record 56.6fee owner of the real property on which the manufactured home is affixed. When the security 56.7interest is released or satisfied, the secured party shallnew text begin mustnew text end attach a copy of the release or 56.8satisfaction to a notice executed by the secured party containing the county recorder or 56.9registrar of titles document number of the notice of security interest. The notice of release 56.10or satisfaction must be filednew text begin recordednew text end with the county recorder, or registrar of titles, if the 56.11land is registered. Neither the notice described in this subdivision nor the security interest 56.12on the certificate of title is deemed to be an encumbrance on the real property. The notices 56.13provided for in this subdivision need not be acknowledged. 56.14    Sec. 48. Minnesota Statutes 2016, section 168A.142, is amended to read: 56.15168A.142 MANUFACTURED HOME UNAFFIXED FROM REALTY. 56.16    Subdivision 1. Certificate of title requirements. The department shallnew text begin mustnew text end issue an 56.17initial certificate of title or reissue a previously surrendered certificate of title for a 56.18manufactured home to an applicant if: 56.19(1) for the purpose of affixing the manufactured home to real property, the owner of the 56.20manufactured home, or a previous owner, surrendered the manufacturer's certificate of 56.21origin or certificate of title to the department as provided in section 168A.141, subdivision 56.221 or 2; 56.23(2) the applicant providesnew text begin thenew text end written proofnew text begin evidencenew text end specified in subdivision 2 that the 56.24applicant owns (i) the manufactured home and (ii) the real property to which the 56.25manufactured home was affixed as provided under section 273.125, subdivision 8, paragraph 56.26(b); 56.27(3) the applicant provides proof that no liens exist on the manufactured home, including 56.28liens on the real property to which it is affixed; and 56.29(4)new text begin (3)new text end the owner of the manufactured home meetsnew text begin fulfillsnew text end thenew text begin applicablenew text end application 56.30requirements of section 168A.04,new text begin ;new text end and 56.31new text begin (4)new text end the application is accompanied by a written statement from the county auditor or 56.32county treasurer of the county in which the manufactured home is then located and affixed, 57.1stating that all property taxes payable in the current year, as provided under section 273.125, 57.2subdivision 8 , paragraph (b), have been paid. 57.3    Subd. 2. Proofnew text begin Evidencenew text end of eligibility for reissuance. (a) The proofnew text begin evidencenew text end required 57.4under subdivision 1, clausesnew text begin clausenew text end (2) and (3), is as follows: 57.5(1) an affidavit of severance recorded in the office of the county recorder or registrar of 57.6titles,new text begin which they shall accept, andnew text end whichever applies to the real property, of the county in 57.7whichnew text begin wherenew text end thenew text begin affidavit of affixation ornew text end notice of surrender was recorded undernew text begin as required new text end 57.8new text begin innew text end section 168A.141, subdivision 1, and the affidavitnew text begin of severancenew text end contains: 57.9(i) the name, residence address, and mailing address of the owner or owners of the 57.10manufactured home; 57.11(ii) a description of the manufactured homenew text begin being severednew text end , including the name of the 57.12manufacturer; the make, model number, model year,new text begin andnew text end dimensions, new text begin and if available, the new text end 57.13new text begin make, model year, new text end and manufacturer's serial number of the manufactured home; and whether 57.14the manufactured home is new or usednew text begin , such information as may be available from the new text end 57.15new text begin previously recorded affidavit of affixation or notice of surrender as required in section new text end 57.16new text begin 168A.141, subdivision 1new text end ; and 57.17(iii) a statement of any facts or information known to the person executing the affidavit 57.18that could affect the validity of the title of the manufactured home ornew text begin ,new text end the existence or 57.19nonexistence of a security interest in the manufactured home or a lien on it, ornew text begin , andnew text end a 57.20statement that no such facts or information are known to the person executing the affidavit; 57.21(2) as an attachment to the affidavit of severance, an opinion by an attorney admitted to 57.22practice law in this state, stating: 57.23(i) the nature of the examination of title performed prior to giving this opinion by the 57.24person signing the opinion; 57.25(ii) that the manufactured home and the real property on which it is located is not subject 57.26tonew text begin , or pending completion of a refinance, purchase, or sale transaction, and will not be new text end 57.27new text begin subject tonew text end any recorded mortgages, security interests, liens, or other encumbrances of any 57.28kind; 57.29(iii) that the person signing the opinion knows of no facts or circumstances that could 57.30affect the validity of the title of the manufactured home or the existence or nonexistence of 57.31any recorded mortgages, security interests, or other encumbrances of any kind, other than 57.32property taxes payable in the year the affidavit is signed; 58.1(iv) the person or persons owning record title to the real property to which the 58.2manufactured home has been affixed and the nature and extent of the title owned by each 58.3of these persons; and 58.4(v) that the person signing the opinion has reviewed all provisions of the affidavit of 58.5severance and certifies that they are correct and complete to the best of the knowledge of 58.6the person signing the opinion; 58.7(3) the name and address of the person ornew text begin ,new text end persons designated by the applicant to file a 58.8certified copy of thenew text begin originalnew text end affidavit of severance with the county auditor of the county 58.9in which the real estate is located, after the affidavit has been properly recorded in the office 58.10of the county recorder or county registrar of titles, whichever applies to the real property; 58.11and 58.12(4) the signature of the person who executes the affidavit, properly executed before a 58.13person authorized to authenticate an affidavit in this state. 58.14(b) The person designated in paragraph (a), clause (3), shallnew text begin mustnew text end record, or arrange for 58.15the recording of, the affidavit of severance as referenced in that item, accompanied by the 58.16fees for recording and for issuing a certified copy of the affidavit, including all attachments, 58.17showing the recording date. 58.18(c) Upon obtaining the certified copy under paragraph (b), the person designated in the 58.19affidavit shallnew text begin mustnew text end deliver the certified copy to the county auditor of the county in which 58.20the real estate to which it was affixed is located. 58.21(d) The department is not liable for any errors, omissions, misstatements, or other 58.22deficiencies or inaccuracies in documents presented to the department under this section, 58.23so long as the documents presented appear to satisfy the requirements of this section. The 58.24department has no obligation to investigate the accuracy of statements contained in the 58.25documents. 58.26    new text begin Subd. 3.new text end new text begin Affidavit form.new text end new text begin The affidavit of severance must be in substantially the following new text end 58.27new text begin form and must contain the following information.new text end 58.28new text begin MANUFACTURED HOME AFFIDAVIT OF SEVERANCEnew text end 58.29new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.142new text end 58.30new text begin Homeowner, being duly sworn, on his or her oath, states as follows:new text end 58.31new text begin 1. Homeowner owns the manufactured home ("home") described as follows:new text end 58.32 ..... 59.1 59.2 new text begin New/Usednew text end new text begin Yearnew text end new text begin Manufacturer's new text end new text begin Namenew text end new text begin Model Name or new text end new text begin Model No.new text end new text begin Manufacturer's new text end new text begin Serial No.new text end new text begin Length/Widthnew text end
59.3new text begin 2. A copy of the previously surrendered manufacturer's certificate of origin or certificate of new text end 59.4new text begin title is attached (if available).new text end 59.5new text begin 3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety new text end 59.6new text begin Driver and Vehicle Services is attached (if available).new text end 59.7new text begin 4. The home is or will be located at the following "Property Address":new text end 59.8 ..... 59.9 new text begin Street or Route new text end ..... new text begin City new text end ..... new text begin County new text end ..... new text begin State new text end ..... new text begin Zip Code new text end .....
59.10new text begin 5. The legal description of the property address ("land") is as follows or as attached:new text end 59.11 ..... 59.12 ..... 59.13 .....
59.14new text begin 6. The homeowner does not know of any facts or information that could affect the validity new text end 59.15new text begin of title of the manufactured home, except:new text end 59.16 ..... 59.17 .....
59.18new text begin 7. The homeowner does not know of any such security interest in the manufactured home new text end 59.19new text begin which has not been satisfied or released.new text end 59.20new text begin 8. A copy of an opinion by an attorney admitted to practice law in Minnesota is attached, new text end 59.21new text begin which provides for the required title evidence as set forth in Minnesota Statutes, section new text end 59.22new text begin 168A.142, subdivision 2, clause (2), items (i) to (v).new text end 59.23new text begin 9. A copy of the written statement from the county auditor or county treasurer of the county new text end 59.24new text begin in which the manufactured home is then located, stating that all property taxes payable in new text end 59.25new text begin the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph new text end 59.26new text begin (b)), have been paid, or are not applicable, is attached.new text end 59.27new text begin 10. The name and address of the person designated by the homeowner to record the original new text end 59.28new text begin affidavit of surrender with the county recorder or registrar of titles of the county in which new text end 59.29new text begin the real estate is located is:new text end 59.30 new text begin Name new text end ..... 59.31 new text begin Street Address new text end ..... 59.32 new text begin City, State, Zip Code new text end ..... 59.33 new text begin Phone new text end ..... 60.1 new text begin E-mail new text end .....
60.2new text begin IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of new text end 60.3new text begin ......., 20...new text end 60.4 ..... ..... 60.5 new text begin Homeowner Signaturenew text end new text begin Addressnew text end 60.6 ..... ..... 60.7 new text begin Printed Namenew text end new text begin City, Statenew text end 60.8 ..... 60.9 new text begin Homeowner Signature (if applicable)new text end 60.10 ..... 60.11 new text begin Printed Namenew text end
60.12new text begin This instrument was drafted by, and when recorded return to:new text end 60.13 ..... 60.14 .....
60.15new text begin Subscribed and sworn to before me this ....... day of ......., .......new text end 60.16 new text begin ......................................................................new text end 60.17 new text begin Signature of Notary Public or Other Officialnew text end
60.18new text begin Notary Stamp or Sealnew text end 60.19    Sec. 49. new text begin [168A.143] MANUFACTURED HOMES; OWNERSHIP AT ISSUE.new text end 60.20    new text begin Subdivision 1.new text end new text begin Requirements for certificate issuance or reissuance.new text end new text begin When an applicant new text end 60.21new text begin is unable to obtain from or locate previous owners no longer holding an interest in the new text end 60.22new text begin manufactured home based on a certificate of title, or to locate, obtain, or produce the original new text end 60.23new text begin certificate of origin or certificate of title for a manufactured home, and there is no evidence new text end 60.24new text begin of a surrendered certificate of title or manufacturer's statement of origin as provided in new text end 60.25new text begin section 168A.141, subdivision 1, which has not otherwise been unaffixed or is being new text end 60.26new text begin unaffixed as provided in section 168A.142, the department must issue or reissue a certificate new text end 60.27new text begin of title to a manufactured home when the applicant submits:new text end 60.28new text begin (1) the application, pursuant to the requirements of section 168A.04, in a form prescribed new text end 60.29new text begin by the department;new text end 60.30new text begin (2) an affidavit that:new text end 60.31new text begin (i) identifies the name of the manufacturer and dimensions, and if available, the make, new text end 60.32new text begin model number, model year, and manufacturer's serial number of the manufactured home; new text end 60.33new text begin andnew text end 61.1new text begin (ii) certifies the applicant is the owner of the manufactured home, has physical possession new text end 61.2new text begin of the manufactured home, knows of no facts or circumstances that materially affect the new text end 61.3new text begin validity of the title of the manufactured home as represented in the application, and provides new text end 61.4new text begin copies of such ownership documents, so far as the documents exist, including by way of new text end 61.5new text begin example:new text end 61.6new text begin (A) bill of sale;new text end 61.7new text begin (B) financing, replevin, or foreclosure documents;new text end 61.8new text begin (C) appraisal;new text end 61.9new text begin (D) insurance certification;new text end 61.10new text begin (E) personal property tax bill;new text end 61.11new text begin (F) landlord certification;new text end 61.12new text begin (G) affidavit of survivorship or estate documents;new text end 61.13new text begin (H) divorce decree; ornew text end 61.14new text begin (I) court order;new text end 61.15new text begin (3) an affidavit by an attorney admitted to practice law in this state stating:new text end 61.16new text begin (i) the attorney has performed a search of the Minnesota Department of Public Safety new text end 61.17new text begin Driver and Vehicles Services records within 120 days of the date of application to obtain a new text end 61.18new text begin certificate of origin or certificate of title on behalf of the applicant, but was unable to new text end 61.19new text begin determine the names or locations of one or more owners or prior owners of the manufactured new text end 61.20new text begin home;new text end 61.21new text begin (ii) if applicable, the attorney was unable to successfully contact one or more owners, new text end 61.22new text begin or prior owners, after providing written notice 45 days prior to the registered and last known new text end 61.23new text begin owner by certified mail at the address shown on Driver and Vehicles Services records, or new text end 61.24new text begin if the last known address if different from Driver and Vehicles Services records, then also new text end 61.25new text begin the last known address as known to the applicant;new text end 61.26new text begin (iii) if the attorney is unable to contact one or more owners, or previous owners, by new text end 61.27new text begin sending a letter by certified mail, then the attorney must present to the department, as an new text end 61.28new text begin attachment to its affidavit, the returned letter as evidence of the attempted contact, or the new text end 61.29new text begin acknowledgment of receipt of the letter, together with an affidavit of nonresponse; andnew text end 62.1new text begin (iv) the attorney knows of no facts or circumstances that materially affect the validity new text end 62.2new text begin of the title of the manufactured home as represented in the application, other than property new text end 62.3new text begin taxes payable in the year the affidavit is signed; andnew text end 62.4new text begin (4) payment for required current year taxes and fees as prescribed by the department.new text end 62.5    new text begin Subd. 2.new text end new text begin Satisfaction of manufactured home security lien; release.new text end new text begin A security interest new text end 62.6new text begin perfected under this chapter may be canceled seven years from the perfection date for a new text end 62.7new text begin manufactured home, upon the request of the owner of the manufactured home, if the owner new text end 62.8new text begin has paid the lien in full or the lien has been abandoned and the owner is unable to locate new text end 62.9new text begin the lienholder to obtain a lien release. The owner must send a letter to the lienholder by new text end 62.10new text begin certified mail, return receipt requested, stating the reason for the release and requesting a new text end 62.11new text begin lien release. If the owner is unable to obtain a lien release by sending a letter by certified new text end 62.12new text begin mail, then the owner must present to the department the returned letter as evidence of the new text end 62.13new text begin attempted contact, or the acknowledgment of receipt of the letter, together with a copy of new text end 62.14new text begin the letter and an owner affidavit of nonresponse.new text end 62.15    new text begin Subd. 3.new text end new text begin Suspension or revocation of certificate.new text end new text begin (a) Pursuant to section 168A.23, the new text end 62.16new text begin department may revoke a previously issued certificate of title issued under this section.new text end 62.17new text begin (b) The department is not liable for any errors, omissions, misstatements, or other new text end 62.18new text begin deficiencies or inaccuracies in documents submitted to the department under this section, new text end 62.19new text begin provided the documents submitted appear to satisfy the requirements of this section. The new text end 62.20new text begin department is not required to investigate the accuracy of statements contained in submitted new text end 62.21new text begin documents.new text end 62.22    Sec. 50. Minnesota Statutes 2016, section 169.011, is amended by adding a subdivision 62.23to read: 62.24    new text begin Subd. 1a.new text end new text begin All-electric vehicle.new text end new text begin (a) "All-electric vehicle" means an electric vehicle that new text end 62.25new text begin is solely able to be powered by an electric motor drawing current from rechargeable storage new text end 62.26new text begin batteries, fuel cells, or other portable sources of electrical current.new text end 62.27new text begin (b) All-electric vehicle excludes a plug-in hybrid electric vehicle.new text end 62.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment, and new text end 62.29new text begin applies to a registration period starting on or after January 1, 2018.new text end 62.30    Sec. 51. Minnesota Statutes 2016, section 169.011, subdivision 34, is amended to read: 62.31    Subd. 34. Head Start bus. (a) "Head Start bus" means a motor vehicle used to transport 62.32children and parents to or from a Head Start facility, or to or from Head Start-related 63.1activities, by the Head Start grantee, or by someone under an agreement with the Head Start 63.2grantee. A Head Start bus does not include a motor vehicle transporting children or parents 63.3to or from a Head Start facility for which parents or guardians receive direct compensation 63.4from a Head Start grantee, a motor coach operating under charter carrier authority, or a 63.5transit bus providing services as defined in section 174.22, subdivision 7. A Head Start bus 63.6may be a type A, B, C, or D bus or type III vehicle, as described in subdivision 71. 63.7(b) A Head Start bus manufactured after December 31, 1994, must meet the same 63.8standards as a type A, B, C, or D school bus, except that a Head Start bus is not required to 63.9be equipped with the warning signals required for a school bus under section 169.442, 63.10subdivision 1 . A Head Start bus new text begin that is not equipped as a school bus new text end must be painted colors 63.11other than national school bus yellow. 63.12    Sec. 52. Minnesota Statutes 2016, section 169.14, is amended by adding a subdivision to 63.13read: 63.14    new text begin Subd. 5h.new text end new text begin St. Louis County Road 128.new text end new text begin Notwithstanding any provision to the contrary new text end 63.15new text begin in this section, the speed limit on St. Louis County Road 128 in Eagles Nest Township new text end 63.16new text begin between marked Trunk Highway 169 and County Road 989 is 40 miles per hour. The county new text end 63.17new text begin engineer must erect appropriate signs displaying the 40 miles per hour speed limit.new text end 63.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment. The new text end 63.19new text begin new speed limit is effective when the required signs are erected.new text end 63.20    Sec. 53. Minnesota Statutes 2016, section 169.18, subdivision 5, is amended to read: 63.21    Subd. 5. Driving left of roadway center; exception. (a) No vehicle shall be driven to 63.22the left side of the center of the roadway in overtaking and passing another vehicle proceeding 63.23in the same direction unless such left side is clearly visible and is free of oncoming traffic 63.24for a sufficient distance ahead to permit such overtaking and passing to be completely made 63.25without interfering with the safe operation of any vehicle approaching from the opposite 63.26direction or any vehicle overtaken. In every event the overtaking vehicle must return to the 63.27right-hand side of the roadway before coming within 100 feet of any vehicle approaching 63.28from the opposite direction. 63.29    (b) Except on a one-way roadway, no vehicle shall, in overtaking and passing another 63.30vehicle or at any other time, be driven to the left half of the roadway under the following 63.31conditions: 64.1    (1) when approaching the crest of a grade or upon a curve in the highway where the 64.2driver's view along the highway is obstructed within a distance of 700 feet; 64.3    (2) when approaching within 100 feet of any underpass or tunnel, railroad grade crossing, 64.4intersection within a city, or intersection outside of a city if the presence of the intersection 64.5is marked by warning signs; or 64.6    (3) where official signs are in place prohibiting passing, or a distinctive centerline is 64.7marked, which distinctive line also so prohibits passing, as declared in the Manual on 64.8Uniform Traffic Control Devices adopted by the commissioner. 64.9    new text begin (c) Notwithstanding paragraph (b), clause (3), a motor vehicle may be driven to the left new text end 64.10new text begin side of the roadway to safely overtake a bicycle under the following circumstances:new text end 64.11    new text begin (1) the bicycle is proceeding in the same direction as the motor vehicle;new text end 64.12    new text begin (2) the driver of the motor vehicle either (i) provides a safe clearance distance, in no new text end 64.13new text begin case less than the greater of three feet or one-half the width of the motor vehicle, or (ii) new text end 64.14new text begin completely enters the left lane of the highway;new text end 64.15    new text begin (3) the operator of the bicycle is not (i) making a left turn, or (ii) signaling that the bicycle new text end 64.16new text begin operator intends to make a left turn; andnew text end 64.17    new text begin (4) the driver of the motor vehicle complies with all other applicable requirements under new text end 64.18new text begin this section.new text end 64.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 64.20    Sec. 54. Minnesota Statutes 2016, section 169.18, subdivision 7, is amended to read: 64.21    Subd. 7. Laned highway. When any roadway has been divided into two or more clearly 64.22marked lanes for traffic, the following rules, in addition to all others consistent herewith, 64.23shall apply: 64.24(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and 64.25shall not be moved from such lane until the driver has first ascertained that such movement 64.26can be made with safety. 64.27(b) Upon a roadway which is not a one-way roadway and which is divided into three 64.28lanes, a vehicle shall not be driven in the center lane except when overtaking and passing 64.29another vehicle where the roadway is clearly visible and such center lane is clear of traffic 64.30within a safe distance, or in preparation for a left turn or where such center lane is at the 64.31time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and 65.1is signposted to give notice of such allocation. The left lane of a three-lane roadway which 65.2is not a one-way roadway shall not be used for overtaking and passing another vehicle. 65.3(c) Official signs may be erected directing slow-moving traffic to use a designated lane 65.4or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles 65.5shall obey the directions of every such sign. 65.6(d) Whenever a bicycle lane has been established on a roadway, any person operating 65.7a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking 65.8maneuvers in order to park where parking is permitted, to enter or leave the highway, or to 65.9prepare for a turn as provided in section 169.19, subdivision 1new text begin , or to stop a school bus for new text end 65.10new text begin the purpose of receiving or discharging any person provided the school bus is equipped and new text end 65.11new text begin identified as provided in sections 169.441 and 169.442, subdivision 1, and the flashing red new text end 65.12new text begin signals are activated and stop-signal arm is extendednew text end . 65.13    Sec. 55. Minnesota Statutes 2016, section 169.345, subdivision 1, is amended to read: 65.14    Subdivision 1. Scope of privilege. (a) A vehicle described in section 168.021, subdivision 65.151, paragraph (a), that prominently displays the certificate authorized by this section or that 65.16bears the disability plate or plates issued under section 168.021 may be parked by or solely 65.17for the benefit of a physically disabled person: 65.18(1) in a designated parking space for disabled persons, as provided in section 169.346; 65.19(2) in a metered parking space without obligation to pay the meter fee and without time 65.20restrictions unless time restrictions are separately posted on official signs; and 65.21(3) without time restrictions in a nonmetered space where parking is otherwise allowed 65.22for passenger vehicles but restricted to a maximum period of time and that does not 65.23specifically prohibit the exercise of disabled parking privileges in that space. 65.24A person may park the vehicle for a physically disabled person in a parking space described 65.25in clause (1) or (2) only when actually transporting the physically disabled person for the 65.26sole benefit of that person and when the parking space is within a reasonable distance from 65.27the drop-off point. 65.28(b) For purposes of this subdivision, a certificate is prominently displayed if it is displayed 65.29so that it may be viewed from the front and rear of the motor vehicle by hanging it from the 65.30rearview mirror attached to the front windshield of the motor vehicle or, in the case of a 65.31motorcyclenew text begin or a motorized bicyclenew text end , is secured to the vehicle. If there is no rearview mirror 65.32or if the certificate holder's disability precludes placing the certificate on the mirror, the 66.1certificate must be displayed on the dashboard of the vehicle. No part of the certificate may 66.2be obscured. 66.3(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not permit 66.4parking in areas prohibited by sections 169.32 and 169.34, in designated no parking spaces, 66.5or in parking spaces reserved for specified purposes or vehicles. A local governmental unit 66.6may, by ordinance, prohibit parking on any street or highway to create a fire lane, or to 66.7accommodate heavy traffic during morning and afternoon rush hours and these ordinances 66.8also apply to physically disabled persons. 66.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end 66.10    Sec. 56. Minnesota Statutes 2016, section 169.345, subdivision 3, is amended to read: 66.11    Subd. 3. Identifying certificate. (a) The commissioner shall issue (1) immediately, a 66.12permit valid for 30 days if the person is eligible for the certificate issued under this section 66.13and (2) an identifying certificate for a vehicle described in section 168.021, subdivision 1, 66.14paragraph (a), when a physically disabled applicant submits proof of physical disability 66.15under subdivision 2a. The commissioner shall design separate certificates for persons with 66.16permanent and temporary disabilities that can be readily distinguished from each other from 66.17outside a vehicle at a distance of 25 feet or, in the case of a motorcyclenew text begin or a motorized new text end 66.18new text begin bicyclenew text end , can be readily secured to the motorcyclenew text begin or motorized bicyclenew text end . An applicant may 66.19be issued up to two certificates if the applicant has not been issued disability plates under 66.20section 168.021. 66.21(b) The operator of a vehicle displaying a certificate has the parking privileges provided 66.22in subdivision 1 only while the vehicle is actually parked while transporting a physically 66.23disabled person. 66.24(c) The commissioner shall cancel all certificates issued to an applicant who fails to 66.25comply with the requirements of this subdivision. 66.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end 66.27    Sec. 57. Minnesota Statutes 2016, section 169.442, subdivision 5, is amended to read: 66.28    Subd. 5. White strobe lamps on certain buses transporting children. (a) 66.29Notwithstanding section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or 66.30other law to the contrary, a school bus that is subject to and complies with the equipment 66.31requirements of subdivision 1 and section 169.441, subdivision 1, or a Head Start bus that 67.1is not a type III vehicle defined in section 169.011, subdivision 71, may be equipped with 67.2a flashing strobe lamp. The lamp may be used only as provided in this subdivision. 67.3(b) The lamp must be permanently mounted on the longitudinal centerline of the bus 67.4roof not less than two feet forward of the rear roof edge. 67.5(c) The strobe lamp may be lighted only when atmospheric conditions or terrain restrict 67.6the visibility of school bus lamps and signals or Head Start bus lamps and signals so as to 67.7require use of the bright strobe lamp to alert motorists to the presence of the school bus or 67.8Head Start bus. A strobe lamp may not be lighted unless the school bus or Head Start bus 67.9is actually being used as a school bus or Head Start bus. 67.10    Sec. 58. Minnesota Statutes 2016, section 169.443, subdivision 2, is amended to read: 67.11    Subd. 2. Use of stop-signal arm. (a) The stop-signal arm system of a school bus must 67.12be used in conjunction with the flashing red signals only when the school bus is stopped on 67.13a street or highway to load or unload school children. 67.14(b) A local authority, including the governing body of an Indian tribe, may by ordinance 67.15require that a school bus activate the stop-signal arm system and flashing red signals while 67.16stopped to unload school children at a location other than a location on a street or highway. 67.17The ordinance must designate each location where the requirement is imposed. The 67.18requirement is effective only if the local authority has erected signs at or near the location 67.19to provide adequate notice that other vehicles are required to obey section 169.444, 67.20subdivision 1 , when those signals are activated. 67.21new text begin (c) A school bus driver is prohibited from loading or unloading passengers in a designated new text end 67.22new text begin right-turn lane or in a lane immediately adjacent to a designated right-turn lane unless:new text end 67.23new text begin (1) a school bus stop designated by the district transportation safety director is located new text end 67.24new text begin in the right-turn lane;new text end 67.25new text begin (2) the driver stops the bus at the extreme right side of the right-turn lane; andnew text end 67.26new text begin (3) the driver activates the prewarning flashing amber signals, flashing red signals, and new text end 67.27new text begin stop-signal arm, unless the school board or its designee, based on safety considerations, new text end 67.28new text begin provides written direction to the driver not to do so.new text end 68.1    Sec. 59. Minnesota Statutes 2016, section 169.444, subdivision 2, is amended to read: 68.2    Subd. 2. Violations by drivers; penalties. (a) A person who fails to stop a vehicle or 68.3to keep it stopped, as required in subdivision 1, or who violates subdivision 1a, is guilty of 68.4a misdemeanor punishable by a fine of not less than $300new text begin $500new text end . 68.5(b) A person is guilty of a gross misdemeanor if the person fails to stop a motor vehicle 68.6or to keep it stopped, as required in subdivision 1, or who violates subdivision 1a, and 68.7commits either or both of the following acts: 68.8(1) passes or attempts to pass the school bus in a motor vehicle on the right-hand, 68.9passenger-door side of the bus; or 68.10(2) passes or attempts to pass the school bus in a motor vehicle when a school child is 68.11outside of and on the street or highway used by the school bus or on the adjacent sidewalk. 68.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to violations new text end 68.13new text begin committed on and after that date.new text end 68.14    Sec. 60. Minnesota Statutes 2016, section 169.449, subdivision 1, is amended to read: 68.15    Subdivision 1. Rules. The commissioner of public safety shall adopt rules governing 68.16the operation of school buses used for transportation of school children, when owned or 68.17operated by a school or privately owned and operated under a contract with a school, and 68.18these rules must be made a part of that contract by reference. Each school, its officers and 68.19employees, and each person employed under the contract is subject to these rules. 68.20    Sec. 61. Minnesota Statutes 2016, section 169.4501, subdivision 1, is amended to read: 68.21    Subdivision 1. National standards adopted. Except as provided in sections 169.4502 68.22and 169.4503, the construction, design, equipment, and color of types A, B, C, D school 68.23buses and multifunction school activity buses used for the transportation of school children 68.24shall meet the requirements of the "bus body and chassis specifications" in the 2010new text begin most new text end 68.25new text begin recentnew text end edition of the "National School Transportation Specifications and Procedures" adopted 68.26by the National Congress on School Transportation. Except as provided in section 169.4504, 68.27the construction, design, and equipment of types A, B, C, D school buses and multifunction 68.28school activity buses used for the transportation of students with disabilities also shall meet 68.29the requirements of the "specially equipped school bus specifications" in the 2010 National 68.30School Transportation Specifications and Procedures. The "bus body and chassis 68.31specifications" and "specially equipped school bus specifications" sections of the 2010new text begin most new text end 68.32new text begin recentnew text end edition of the "National School Transportation Specifications and Procedures," 69.1adopted by the Fifteenth National Congress on School Transportation, are incorporated by 69.2reference in this chapter. 69.3    Sec. 62. Minnesota Statutes 2016, section 169.4501, subdivision 2, is amended to read: 69.4    Subd. 2. Applicability. (a) The standards adopted in this section and sections 169.4502 69.5and 169.4503, govern the construction, design, equipment, and color of school buses used 69.6for the transportation of school children, when owned or leased and operated by a school 69.7or privately owned or leased and operated under a contract with a school. Each school, its 69.8officers and employees, and each person employed under the contract is subject to these 69.9standards. 69.10    (b) The standards apply to school buses manufactured after December 31, 2012new text begin August new text end 69.11new text begin 1 of the year following a year in which a revised edition of the National School Transportation new text end 69.12new text begin Specifications and Procedures is adoptednew text end . Buses complying with the standards when 69.13manufactured need not comply with standards established later except as specifically provided 69.14for by law. 69.15    (c) A school bus manufactured on or before December 31, 2012,new text begin the date provided by new text end 69.16new text begin paragraph (b)new text end must conform to the Minnesota standards in effect on the date the vehicle 69.17was manufactured except as specifically provided for in law. 69.18    (d) A new bus body may be remounted on a used chassis provided that the remounted 69.19vehicle meets state and federal standards for new buses which are current at the time of the 69.20remounting. Permission must be obtained from the commissioner of public safety before 69.21the remounting is done. A used bus body may not be remounted on a new or used chassis. 69.22    Sec. 63. Minnesota Statutes 2016, section 169.4503, subdivision 4, is amended to read: 69.23    Subd. 4. Certification. new text begin Upon request, new text end a body manufacturer,new text begin ornew text end school bus dealer, or 69.24certified Minnesota commercial vehicle inspector who is also an employee of an organization 69.25purchasing a school bus shallnew text begin mustnew text end provide preliminary certification to the Department of 69.26Public Safety that the product meets Minnesota standards. Final certification will be granted 69.27within 30 days upon reinspection by the Department of Public Safety. 69.28    Sec. 64. Minnesota Statutes 2016, section 169.4503, subdivision 7, is amended to read: 69.29    Subd. 7. Floor construction. The metal floor shallnew text begin mustnew text end be covered with plywood. The 69.30plywood shallnew text begin mustnew text end be at least 19/32new text begin five-ply nominal five-eighthsnew text end inches thick, and must 69.31equal or exceed properties of exterior-type softwood plywood, grade C-D, as specified in 69.32productnew text begin thenew text end standard PSI-I83 issued by the United States Department of Commerce.new text begin All of new text end 70.1new text begin the plywood's exposed edges must be sealed. Type A-I buses must be equipped with nominal new text end 70.2new text begin one-half inch thick plywood or an equivalent material that meets the requirements of this new text end 70.3new text begin subdivision. Equivalent material may be used to replace plywood, provided it has insulation new text end 70.4new text begin R value, deterioration, sound abatement, and moisture resistance properties that are equal new text end 70.5new text begin to or exceed the properties of the plywood it is replacing.new text end The floor shall new text begin mustnew text end be level from 70.6front to back, and side to side, except in wheel housing, toe board, and driver's seat platform 70.7areas. 70.8    Sec. 65. Minnesota Statutes 2016, section 169.4503, subdivision 14, is amended to read: 70.9    Subd. 14. Insulation. (a) Thermal insulation is required. It shall be fire-resistant, UL 70.10approved, with minimum R-value of 5.5. Insulation shall be installed so as to prevent 70.11sagging. 70.12(b) Floor insulation is required. It shall be five-ply nominal five-eighths-inch-thick 70.13plywood, and shall equal or exceed properties of the exterior-type softwood plywood, C-D 70.14Grade, as specified in the standard issued by United States Department of Commerce. All 70.15exposed edges on plywood shall be sealed. Type A-I buses shall be equipped with nominal 70.16one-half-inch-thick plywood or equivalent material meeting the above requirements. 70.17Equivalent material may be used to replace plywood, provided it has an equal or greater 70.18insulation R value, deterioration, sound abatement, and moisture resistance properties. 70.19    Sec. 66. Minnesota Statutes 2016, section 169.4503, subdivision 23, is amended to read: 70.20    Subd. 23. Windows. new text begin (a) new text end Windshield, entrance, and rear emergency exit doors must be 70.21of approved safety glass. Laminated or tempered glass (AS-2 or AS-3) is permitted in all 70.22other windows. All glass shall be federally approved and marked as provided in section 70.23169.74 . The windshield may be of uniform tint throughout or may have a horizontal gradient 70.24band starting slightly above the line of vision and gradually decreasing in light transmission 70.25to 20 percent or less at the top of the windshield. 70.26new text begin (b) new text end The use of tinted glass, as approved by section 169.71, is permitted on side windows 70.27and rear windows except for the entrance door, the first window behind the service door, 70.28and the window to the left of the driver. The window to the left of the driver, new text begin andnew text end the upper 70.29service door windows, and the window immediately behind the entrance door must be 70.30thermal glass.new text begin Regardless of a bus's date of manufacture, the window immediately behind new text end 70.31new text begin the entrance door does not need to be made of thermal glass.new text end The window to the left of the 70.32driver for type A buses need not be thermal glass. 71.1    Sec. 67. Minnesota Statutes 2016, section 169.4503, subdivision 30, is amended to read: 71.2    Subd. 30. Video or mobile surveillance systems. Camera heads for video or mobile 71.3surveillance may be mounted in the driver compartment area, midbus, or on a rear interior 71.4bulkhead in the student passenger area. For buses manufactured or retrofitted with a 71.5surveillance system after December 31, 2012, cameras mounted midbus must be parallel 71.6to a seat back, must not have any sharp edges, must not extend outward more than three 71.7new text begin 3-1/2new text end inches, and must be located within 24 inches of the top of the side window of the bus. 71.8    Sec. 68. Minnesota Statutes 2016, section 169.64, subdivision 8, is amended to read: 71.9    Subd. 8. Strobe lamp. (a) Notwithstanding sections 169.55, subdivision 1; 169.57, 71.10subdivision 3 , paragraph (b); or any other law to the contrary, a vehicle may be equipped 71.11with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to 71.12120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle 71.13is: 71.14(1) a school bus that is subject to and complies with the equipment requirements of 71.15sections 169.441, subdivision 1, and 169.442, subdivision 1, or a Head Start bus that is not 71.16a type III vehicle as defined in section 169.011, subdivision 71. The lamp shall be 71.17permanently mounted on the longitudinal centerline of the bus roof not less than two feet 71.18nor more than seven feet forward of the rear roof edge. It shallnew text begin mustnew text end operate from a separate 71.19switch containing an indicator lamp to show when the strobe lamp is in use. The strobe 71.20lamp may be lighted only when atmospheric conditions or terrain restrict the visibility of 71.21school bus lamps and signals or Head Start bus lamps and signals so as to require use of 71.22the bright strobe lamp to alert motorists to the presence of the school bus or Head Start bus. 71.23A strobe lamp may not be lighted unless the school bus or Head Start bus is actually being 71.24used as a school bus or Head Start bus; or 71.25(2) a road maintenance vehicle owned or under contract to the Department of 71.26Transportation or a road authority of a county, home rule or statutory city, or town, but the 71.27strobe lamp may only be operated while the vehicle is actually engaged in snow removal 71.28during daylight hours. 71.29(b) Notwithstanding sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph 71.30(b); or any other law to the contrary, a vehicle may be equipped with a 360-degree flashing 71.31strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and 71.32the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier 71.33vehicle, provided that the strobe lamp is mounted at the highest practicable point on the 72.1vehicle. The strobe lamp may only be operated while the vehicle is actually engaged during 72.2daylight hours in the delivery of mail to residents on a rural mail route. 72.3(c) A strobe lamp authorized by this section shall be of a double flash type certified to 72.4the commissioner of public safety by the manufacturer as being weatherproof and having 72.5a minimum effective light output of 200 candelas as measured by the Blondel-Rey formula. 72.6    Sec. 69. Minnesota Statutes 2016, section 169.80, subdivision 1, is amended to read: 72.7    Subdivision 1. Limitations; misdemeanor. (a) It is a misdemeanor for a person to drive 72.8or move, or for the owner to cause or knowingly permit to be driven or moved, on a highway 72.9a vehicle or vehicles of a size or weight exceeding the limitations stated in sections 169.80 72.10to 169.88, or otherwise in violation of sections 169.80 to 169.88, other than section 169.81, 72.11subdivision 5a , and the maximum size and weight of vehicles as prescribed in sections 72.12169.80 to 169.88 shall be lawful throughout this state, and local authorities shall have no 72.13power or authority to alter these limitations except as express authority may be granted in 72.14sections 169.80 to 169.88. 72.15(b) When all the axles of a vehicle or combination of vehicles are weighed separately 72.16the sum of the weights of the axles so weighed shall be evidence of the total gross weight 72.17of the vehicle or combination of vehicles so weighed. 72.18(c) When each of the axles of any group that contains two or more consecutive axles of 72.19a vehicle or combination of vehicles have been weighed separately the sum of the weights 72.20of the axles so weighed shall be evidence of the total gross weight on the group of axles so 72.21weighed. 72.22(d) When, in any group of three or more consecutive axles of a vehicle or combination 72.23of vehicles any axles have been weighed separately and two or more axles consecutive to 72.24each other in the group have been weighed together, the sum of the weights of the axles 72.25weighed separately and the axles weighed together shall be evidence of the total gross weight 72.26of the group of axles so weighed. 72.27(e) The provisions of sections 169.80 to 169.88 governing size, weight, and load shallnew text begin new text end 72.28new text begin donew text end not apply to a fire apparatus, or to a vehicle operated under the terms of a special permit 72.29issued as provided by law. 72.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 73.1    Sec. 70. Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision 73.2to read: 73.3    new text begin Subd. 4.new text end new text begin Certain emergency vehicles.new text end new text begin The provisions of sections 169.80 to 169.88 new text end 73.4new text begin governing size, weight, and load do not apply to a fire apparatus, a law enforcement special new text end 73.5new text begin response vehicle, or a licensed land emergency ambulance service vehicle.new text end 73.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 73.7    Sec. 71. new text begin [169.8295] WEIGHT LIMITS; VEHICLES TRANSPORTING MILK.new text end 73.8    new text begin Subdivision 1.new text end new text begin Weight limits increase.new text end new text begin (a) The weight limitations under sections 169.823 new text end 73.9new text begin to 169.829 are increased by ten percent for a single-unit vehicle transporting fluid milk from new text end 73.10new text begin the point of production to:new text end 73.11new text begin (1) another point of production for additional loading; ornew text end 73.12new text begin (2) the point of first processing.new text end 73.13new text begin (b) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision new text end 73.14new text begin 3; or other law to the contrary, a permit is not required to operate a vehicle under this section.new text end 73.15new text begin (c) The seasonal weight increases under section 169.826, subdivision 1, do not apply to new text end 73.16new text begin a vehicle operated under this section.new text end 73.17    new text begin Subd. 2.new text end new text begin Requirements; restrictions.new text end new text begin A vehicle operated under this section:new text end 73.18new text begin (1) is subject to seasonal load restrictions under section 169.87, except as otherwise new text end 73.19new text begin provided under section 169.87, subdivision 4;new text end 73.20new text begin (2) is subject to bridge load limits posted under section 169.84; andnew text end 73.21new text begin (3) must not be operated with a load that exceeds the tire manufacturer's recommended new text end 73.22new text begin load, the manufacturer's gross vehicle weight rating as affixed to the vehicle, or other new text end 73.23new text begin certification of gross vehicle weight rating under Code of Federal Regulations, title 49, new text end 73.24new text begin sections 567.4 to 567.7.new text end 73.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 73.26    Sec. 72. Minnesota Statutes 2016, section 169.865, subdivision 3, is amended to read: 73.27    Subd. 3. Requirements; restrictions. (a) A vehicle or combination of vehicles operating 73.28under this section: 73.29    (1) is subject to axle weight limitations under section 169.824, subdivision 1; 74.1    (2) is subject to seasonal load restrictions under section 169.87; 74.2    (3) is subject to bridge load limits posted under section 169.84; 74.3    (4) may only be operated on paved streets and highways other than interstate highways; 74.4    (5) may not be operated with loads that exceed the manufacturer's gross vehicle weight 74.5rating as affixed to the vehicle, or other certification of gross vehicle weight rating complying 74.6with Code of Federal Regulations, title 49, sections 567.4 to 567.7; 74.7    (6) must be issued a permit from each road authority having jurisdiction over a road on 74.8which the vehicle is operated, if required; 74.9    (7) must comply with the requirements of section 169.851, subdivision 4; and 74.10    (8) must have brakes on all wheels. 74.11    (b) The percentage allowances for exceeding gross weights if transporting unfinished 74.12forest products under section 168.013, subdivision 3, paragraph (b), or for the first haul of 74.13unprocessed or raw farm products or unfinished forest products under section 168.013, 74.14subdivision 3 , paragraph (d), clause (3), do not apply to a vehicle or combination of vehicles 74.15operated under this section. 74.16new text begin (c) Notwithstanding paragraph (a), clause (4), a vehicle or combination of vehicles new text end 74.17new text begin hauling fluid milk under a permit issued by the commissioner of transportation may also new text end 74.18new text begin operate on interstate highways as provided under United States Code, title 23, section 127.new text end 74.19    Sec. 73. new text begin [169.869] ROAD CONSTRUCTION MATERIALS SPECIAL PERMIT.new text end 74.20    new text begin Subdivision 1.new text end new text begin Definition.new text end new text begin For purposes of this section, "road construction materials" new text end 74.21new text begin means street or highway construction materials, including but not limited to aggregate new text end 74.22new text begin material as defined in section 298.75, subdivision 1, paragraph (a), hot mix asphalt, plastic new text end 74.23new text begin concrete, cementitious materials, concrete admixtures, asphalt cement, and recycled road new text end 74.24new text begin materials.new text end 74.25    new text begin Subd. 2.new text end new text begin Six-axle vehicles.new text end new text begin (a) The commissioner of transportation may issue an annual new text end 74.26new text begin permit authorizing a vehicle or combination of vehicles with a total of six or more axles to new text end 74.27new text begin haul road construction materials and be operated with a gross vehicle weight of up to:new text end 74.28new text begin (1) 90,000 pounds; andnew text end 74.29new text begin (2) 99,000 pounds during the period set by the commissioner under section 169.826, new text end 74.30new text begin subdivision 1.new text end 75.1new text begin (b) The fee for a permit issued under this subdivision is $300, or a proportional amount new text end 75.2new text begin as provided in section 169.86, subdivision 5.new text end 75.3    new text begin Subd. 3.new text end new text begin Seven-axle vehicles.new text end new text begin (a) The commissioner of transportation may issue an new text end 75.4new text begin annual permit authorizing a vehicle or combination of vehicles with a total of seven or more new text end 75.5new text begin axles to haul road construction materials and be operated with a gross vehicle weight of up new text end 75.6new text begin to:new text end 75.7new text begin (1) 97,000 pounds; andnew text end 75.8new text begin (2) 99,000 pounds during the period set by the commissioner under section 169.826, new text end 75.9new text begin subdivision 1.new text end 75.10new text begin (b) The fee for a permit issued under this subdivision is $500, or a proportional amount new text end 75.11new text begin as provided in section 169.86, subdivision 5.new text end 75.12    new text begin Subd. 4.new text end new text begin Authority; restrictions.new text end new text begin (a) A permit issued by the commissioner under this new text end 75.13new text begin section is valid for operation on highways regardless of jurisdiction, subject to paragraph new text end 75.14new text begin (b).new text end 75.15new text begin (b) A vehicle or combination of vehicles operating under this section:new text end 75.16new text begin (1) may only be operated on paved or unpaved streets and highways, other than interstate new text end 75.17new text begin highways;new text end 75.18new text begin (2) must comply with the requirements and restrictions in section 169.865, subdivision new text end 75.19new text begin 3, paragraph (a), clauses (1) to (3), (5), (7), and (8); andnew text end 75.20new text begin (3) must be operated in compliance with truck route requirements and vehicle weight new text end 75.21new text begin restrictions, as established under section 169.87, subdivision 1, by a local road authority or new text end 75.22new text begin the commissioner.new text end 75.23    new text begin Subd. 5.new text end new text begin Revenues.new text end new text begin Revenue from the permits issued by the commissioner under this new text end 75.24new text begin section must be deposited in the town bridge account. Revenue deposited under this new text end 75.25new text begin subdivision is available to inspect and post weight limits for town bridges.new text end 75.26    new text begin Subd. 6.new text end new text begin Expiration date.new text end new text begin Upon request of the permit applicant, the expiration date for new text end 75.27new text begin a permit issued under this section must be the same as the expiration date of the permitted new text end 75.28new text begin vehicle's registration.new text end 75.29    new text begin Subd. 7.new text end new text begin Permit information.new text end new text begin The commissioner must make information available to new text end 75.30new text begin local road authorities on an Internet Web site that identifies permit issuances under this new text end 75.31new text begin section and the counties in which a vehicle with a permit is intended to be operated.new text end 76.1    new text begin Subd. 8.new text end new text begin Local preferred routes.new text end new text begin A local road authority may identify local preferred new text end 76.2new text begin routes for operating a vehicle on local streets and highways under a permit issued in this new text end 76.3new text begin section. A holder of a permit issued in this section and any person seeking to apply for a new text end 76.4new text begin permit are encouraged to:new text end 76.5new text begin (1) upon request of a local road authority, provide comment on identification of preferred new text end 76.6new text begin routes; andnew text end 76.7new text begin (2) make reasonable efforts to operate a vehicle on the preferred routes when operating new text end 76.8new text begin under the permit.new text end 76.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2018.new text end 76.10    Sec. 74. Minnesota Statutes 2016, section 169.871, subdivision 1, is amended to read: 76.11    Subdivision 1. Civil liability. (a) The owner or lessee of a vehicle that is operated with 76.12a gross weight in excess of a weight limit imposed under sections 169.823 to new text begin new text end 76.13new text begin 169.8295new text end , 169.84 to 169.851, and 169.87 or a shipper who ships or tenders goods for 76.14shipment in a single truck or combination vehicle that exceeds a weight limit imposed under 76.15sections 169.823 to new text begin 169.8295new text end , 169.84 to 169.851, and 169.87 is liable for a civil 76.16penalty as follows: 76.17(1) if the total gross excess weight is not more than 1,000 pounds, one cent per pound 76.18for each pound in excess of the legal limit; 76.19(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000 76.20pounds, $10 plus five cents per pound for each pound in excess of 1,000 pounds; 76.21(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000 76.22pounds, $110 plus ten cents per pound for each pound in excess of 3,000 pounds; 76.23(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000 76.24pounds, $310 plus 15 cents per pound for each pound in excess of 5,000 pounds; 76.25(5) if the total gross excess weight is more than 7,000 pounds, $610 plus 20 cents per 76.26pound for each pound in excess of 7,000 pounds. 76.27(b) Notwithstanding any other law to the contrary, if a person found guilty of a violation 76.28of a weight limit imposed under this section or sections 169.823 to new text begin 169.8295new text end , 76.29169.84 to 169.851, or 169.87 is also found by the court to have knowingly and 76.30contemporaneously attempted to evade a fixed weigh station or to otherwise avoid weighing 76.31by means of stationary scales under section 169.85 or other law, the court shallnew text begin mustnew text end impose 76.32a penalty of twice the amount otherwise authorized under paragraph (a). 77.1(c) Any penalty imposed upon a defendant under this subdivision shallnew text begin mustnew text end not exceed 77.2the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal 77.3overweight action that arose from the same overweight violation shall benew text begin isnew text end applied toward 77.4payment of the civil penalty under this subdivision. A peace officer or Department of Public 77.5Safety employee described in section 299D.06 who cites a driver for a violation of the 77.6weight limitations established by sections 169.81 to 169.851 and 169.87 shallnew text begin mustnew text end give 77.7written notice to the driver that the driver or another may also be liable for the civil penalties 77.8provided herein in the same or separate proceedings. 77.9(d) A penalty imposed upon the owner or lessee of a vehicle that is based on violations 77.10identified by the use of shippers' weight records under section 169.872 must not exceed an 77.11aggregate of $10,000. 77.12    Sec. 75. Minnesota Statutes 2016, section 171.02, subdivision 2b, is amended to read: 77.13    Subd. 2b. Exception for type III vehicle drivers. (a) Notwithstanding subdivision 2, 77.14the holder of a class A, B, C, or D driver's license, without a school bus endorsement, may 77.15operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h), under 77.16the conditions in paragraphs (b) through (o)new text begin this subdivisionnew text end . 77.17    (b) The operator is an employee of the entity that owns, leases, or contracts for the school 77.18bus. 77.19    (c) The operator's employer has adopted and implemented a policy that provides for 77.20annual training and certification of the operator in: 77.21    (1) safe operation of a type III vehicle; 77.22    (2) understanding student behavior, including issues relating to students with disabilities; 77.23    (3) encouraging orderly conduct of students on the bus and handling incidents of 77.24misconduct appropriately; 77.25    (4) knowing and understanding relevant laws, rules of the road, and local school bus 77.26safety policies; 77.27    (5) handling emergency situations; 77.28    (6) proper use of seat belts and child safety restraints; 77.29    (7) performance of pretrip vehicle inspections; 77.30    (8) safe loading and unloading of students, including, but not limited to: 78.1    (i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic 78.2side of the roadway, or at off-street loading areas, driveways, yards, and other areas to 78.3enable the student to avoid hazardous conditions; 78.4    (ii) refraining from loading and unloading students in a vehicular traffic lane, on the 78.5shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane; 78.6    (iii) avoiding a loading or unloading location that would require a pupil to cross a road, 78.7or ensuring that the driver or an aide personally escort the pupil across the road if it is not 78.8reasonably feasible to avoid such a location; 78.9    (iv) placing the type III vehicle in "park" during loading and unloading; and 78.10    (v) escorting a pupil across the road under item (iii) only after the motor is stopped, the 78.11ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile; 78.12and 78.13    (9) compliance with paragraph (k), concerning reporting certain convictions to the 78.14employer within ten days of the date of conviction. 78.15    (d) A background check or background investigation of the operator has been conducted 78.16that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school 78.17district employees; section 144.057 or chapter 245C for day care employees; or section 78.18171.321, subdivision 3 , for all other persons operating a type III vehicle under this 78.19subdivision. 78.20    (e) Operators shall submit to a physical examination as required by section 171.321, 78.21subdivision 2 . 78.22    (f) The operator's employer requires preemployment drug testing of applicants for 78.23operator positions. Current operators must comply with the employer's policy under section 78.24181.951, subdivisions 2 , 4, and 5. Notwithstanding any law to the contrary, the operator's 78.25employer may use a Breathalyzer or similar device to fulfill random alcohol testing 78.26requirements. 78.27    (g) The operator's driver's license is verified annually by the entity that owns, leases, or 78.28contracts for the type III vehicle as required under section 171.321, subdivision 5. 78.29    (h) A person who sustains a conviction, as defined under section 609.02, of violating 78.30section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under 78.31sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of violating 78.32or whose driver's license is revoked under a similar statute or ordinance of another state, is 78.33precluded from operating a type III vehicle for five years from the date of conviction. 79.1    (i) A person who has ever been convicted of a disqualifying offense as defined in section 79.2171.3215, subdivision 1 , paragraph (c), may not operate a type III vehicle under this 79.3subdivision. 79.4    (j) A person who sustains a conviction, as defined under section 609.02, of a moving 79.5offense in violation of chapter 169 within three years of the first of three other moving 79.6offenses is precluded from operating a type III vehicle for one year from the date of the last 79.7conviction. 79.8    (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while 79.9employed by the entity that owns, leases, or contracts for the school bus, shall report the 79.10conviction to the employer within ten days of the date of the conviction. 79.11    (l)new text begin An operator of a type III vehicle whose driver's license is suspended, revoked, new text end 79.12new text begin canceled, or disqualified by Minnesota, another state, or another jurisdiction must notify new text end 79.13new text begin the operator's employer in writing of the suspension, revocation, cancellation, lost privilege, new text end 79.14new text begin or disqualification. The operator must notify the operator's employer before the end of the new text end 79.15new text begin business day immediately following the day the operator received notice of the suspension, new text end 79.16new text begin revocation, cancellation, lost privilege, or disqualification.new text end 79.17    new text begin (m)new text end Students riding the type III vehicle must have training required under section 79.18123B.90, subdivision 2 . 79.19    (m)new text begin (n)new text end Documentation of meeting the requirements listed in this subdivision must be 79.20maintained under separate file at the business location for each type III vehicle operator. 79.21The business manager, school board, governing body of a nonpublic school, or any other 79.22entity that owns, leases, or contracts for the type III vehicle operating under this subdivision 79.23is responsible for maintaining these files for inspection. 79.24    (n)new text begin (o)new text end The type III vehicle must bear a current certificate of inspection issued under 79.25section 169.451. 79.26    (o)new text begin (p)new text end An employee of a school or of a school district, who is not employed for the sole 79.27purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f). 79.28    Sec. 76. Minnesota Statutes 2016, section 171.06, subdivision 2a, is amended to read: 79.29    Subd. 2a. Two-wheeled vehicle endorsement fee. (a) The fee for any duplicate driver's 79.30license obtained for the purpose of adding a two-wheeled vehicle endorsement is increased 79.31by $18.50 for each first such duplicate license and $13 for each renewal thereof. The 79.32additional fee must be paid into the state treasury and credited as follows: 80.1(1) $11 of the additional fee for each first duplicate license, and $7 of the additional fee 80.2for each renewal, must be credited to the motorcycle safety fund, which is hereby created; 80.3provided that ten percent of fee receipts in excess of $750,000 in a fiscal year must be 80.4credited to the general fund. 80.5(2) The remainder of the additional fee must be credited to the general fund. 80.6(b) All application forms prepared by the commissioner for two-wheeled vehicle 80.7endorsements must clearly state the amount of the total fee that is dedicated to the motorcycle 80.8safety fund. 80.9    Sec. 77. Minnesota Statutes 2016, section 171.061, subdivision 3, is amended to read: 80.10    Subd. 3. Application. An applicant may file an application with an agent. The agent 80.11shall receive and accept applications in accordance with the laws and rules of the Department 80.12of Public Safety for a driver's license, restricted license, duplicate license, instruction permit, 80.13Minnesota identification card, or motorized bicycle operator's permit. new text begin Application records new text end 80.14new text begin must be maintained at the office of the agent in a manner that complies with sections 13.05, new text end 80.15new text begin subdivision 5, and 13.055. As an alternative to paper copy storage, an agent may retain new text end 80.16new text begin records and documents in a secure electronic medium that complies with the security new text end 80.17new text begin requirements under the United States Federal Bureau of Investigation, Criminal Justice new text end 80.18new text begin Information Services Division, Policy 5.4 or any successor policy, provided 60 days have new text end 80.19new text begin elapsed since the transaction and subject to standards established by the commissioner. The new text end 80.20new text begin agent is responsible for all costs associated with the conversion to electronic records and new text end 80.21new text begin maintenance of the electronic storage medium, including the destruction of existing paper new text end 80.22new text begin records after conversion to the electronic format. All queries and responses in the secure new text end 80.23new text begin electronic medium, and all actions in which data are entered, updated, accessed, or shared new text end 80.24new text begin or disseminated by the agent must be contained in a data audit trail. Data contained in the new text end 80.25new text begin audit trail are public to the extent the data are not otherwise classified under this section.new text end 80.26    Sec. 78. Minnesota Statutes 2016, section 171.12, subdivision 6, is amended to read: 80.27    Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph (c), 80.28the department shallnew text begin mustnew text end not keep on the record of a driver any conviction for a violation 80.29of a speed limit of 55 miles per hour unless the violation consisted of a speed greater than 80.30ten miles per hour in excess of the speed limit. 80.31(b) Except as provided in paragraph (c), the department shallnew text begin mustnew text end not keep on the record 80.32of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the 80.33violation consisted of a speed greater than: 81.1(1) ten miles per hour in excess of the speed limit, for any violation occurring on or after 81.2August 1, 2012, and before August 1, 2014; or 81.3(2) five miles per hour in excess of the speed limit, for any violation occurring on or 81.4after August 1, 2014. 81.5(c) This subdivision does not apply to (1) a violation that occurs in a commercial motor 81.6vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's 81.7licensenew text begin or commercial driver learner's permitnew text end , without regard to whether the violation was 81.8committed in a commercial motor vehicle or another vehicle. 81.9    Sec. 79. Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to 81.10read: 81.11    new text begin Subd. 7a.new text end new text begin Abandoned and discontinued.new text end new text begin "Abandoned and discontinued" means an new text end 81.12new text begin outdoor advertising device that ceases to display advertising copy for a minimum of one new text end 81.13new text begin year and is not otherwise being actively marketed to display advertising copy.new text end 81.14    Sec. 80. Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to 81.15read: 81.16    new text begin Subd. 17a.new text end new text begin Conforming.new text end new text begin "Conforming" means an outdoor advertising device that new text end 81.17new text begin complies with the requirements of this chapter.new text end 81.18    Sec. 81. Minnesota Statutes 2016, section 173.02, subdivision 18, is amended to read: 81.19    Subd. 18. Commercial or industrial activity. new text begin (a) new text end "Commercial or industrial activity" 81.20for the purposes of unzoned commercial or industrial areas means an activity generally 81.21recognized as commercial or industrial by zoning authorities in this state, except thatnew text begin .new text end 81.22new text begin (b)new text end None of the following activities shall be considered commercial or industrial: 81.23(1) outdoor advertising devices.new text begin ;new text end 81.24(2) agricultural, forestry, ranching, grazing, farming and related activities, including, 81.25but not limited to, temporary wayside fresh produce stands.new text begin ;new text end 81.26(3) transient or temporary activities.new text begin ;new text end 81.27(4) activities not visible from the main-traveled way.new text begin ;new text end 81.28(5) activities more than 660 feet from the nearest edge of the right-of-way.new text begin ;new text end 81.29(6) activities conducted in a building principally used as a residence.new text begin ;new text end 82.1(7) railroad tracks and minor sidings.new text begin ;new text end 82.2new text begin (8) advertising located on vehicles or tractor trailers;new text end 82.3new text begin (9) commercial establishments or businesses that have ceased to exist or operate; ornew text end 82.4new text begin (10) a business created to install new outdoor advertising devices.new text end 82.5    Sec. 82. Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to 82.6read: 82.7    new text begin Subd. 21a.new text end new text begin Nonconforming.new text end new text begin "Nonconforming" means an outdoor advertising device new text end 82.8new text begin that was lawfully erected and has been maintained lawfully but does not comply with the new text end 82.9new text begin requirements of this chapter. A nonconforming sign is one that remains in substantially the new text end 82.10new text begin same condition it was on the effective date of this chapter.new text end 82.11    Sec. 83. Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to 82.12read: 82.13    new text begin Subd. 21b.new text end new text begin Off-premisenew text end new text begin "Off-premise" means an outdoor advertising device that new text end 82.14new text begin advertises or pertains to any business, product, person, activity, event, or service that is not new text end 82.15new text begin primarily conducted, sold, manufactured, offered, or located on the property where the sign new text end 82.16new text begin is located.new text end 82.17    Sec. 84. Minnesota Statutes 2016, section 173.02, subdivision 23, is amended to read: 82.18    Subd. 23. Scenic area. "Scenic area" means an area within which control and regulation 82.19of the erection and maintenance of advertising devices may be exercised to the extent herein 82.20provided and such areas shall include only those established as such by the commissioner 82.21of transportation.new text begin Scenic area includes a scenic byway under United States Code, title 23, new text end 82.22new text begin section 162.new text end 82.23    Sec. 85. Minnesota Statutes 2016, section 173.02, is amended by adding a subdivision to 82.24read: 82.25    new text begin Subd. 23a.new text end new text begin Scenic byways.new text end new text begin "Scenic byways" means roads that recognize outstanding new text end 82.26new text begin scenic, cultural, historic, natural, recreational, and archaeological qualities and landscapes new text end 82.27new text begin pursuant to United States Code, title 23, section 162.new text end 83.1    Sec. 86. Minnesota Statutes 2016, section 173.06, subdivision 1, is amended to read: 83.2    Subdivision 1. Authority. The commissioner of transportation shallnew text begin mustnew text end adopt and 83.3may modify, amend, or repeal rules governing the issuance of permits or renewals thereof 83.4for the erection and maintenance of new text begin legal nonconformingnew text end advertising devices within scenic 83.5areas; provided that the commissioner shall not adopt, modify, amend, or repeal any rule 83.6that will impair any agreement withnew text begin between the state andnew text end the federal governmentnew text begin under new text end 83.7new text begin this chapternew text end . The commissioner of transportation may limit the application of any rule 83.8adopted by the commissioner to exclude or include in whole or in part, specified areas within 83.9the scenic area based upon use, nature of the surrounding community, or such other factors 83.10as may make separate classification or rule necessary or desirable. 83.11    Sec. 87. Minnesota Statutes 2016, section 173.07, subdivision 1, is amended to read: 83.12    Subdivision 1. Forms; content. Application for permits or renewals thereof for the 83.13placement and maintenance of advertising devices within scenic areas shallnew text begin mustnew text end be on 83.14forms prescribed by the commissioner and shall contain such information as the commissioner 83.15may require. No advertising device shall be placed without the consent of the owner or 83.16occupant of the land, and adequate proof of such consent shall be submitted to the 83.17commissioner at the time application is made for such permits or renewals. new text begin A permit is new text end 83.18new text begin required to access state right-of-way to maintain an advertising device.new text end 83.19    Sec. 88. Minnesota Statutes 2016, section 173.08, is amended by adding a subdivision to 83.20read: 83.21    new text begin Subd. 3.new text end new text begin Seed sign exemption.new text end new text begin Crop varietal and seed corn signs adjacent to interstate new text end 83.22new text begin and primary highways may be erected if the device:new text end 83.23new text begin (1) is located on demonstration plats;new text end 83.24new text begin (2) is located on private property;new text end 83.25new text begin (3) does not violate section 160.27 or 160.2715; andnew text end 83.26new text begin (4) does not reference an off-site address where the product may be sold.new text end 83.27    Sec. 89. Minnesota Statutes 2016, section 173.08, is amended by adding a subdivision to 83.28read: 83.29    new text begin Subd. 4.new text end new text begin Violations; removal.new text end new text begin The Department of Transportation may remove signs new text end 83.30new text begin that violate this section using the removal procedures under section 173.13, subdivision 11.new text end 84.1    Sec. 90. Minnesota Statutes 2016, section 173.13, subdivision 11, is amended to read: 84.2    Subd. 11. Removal of advertising device for noncompliance. Advertising devices 84.3erected or maintained after June 8, 1971, not complying with Laws 1971, chapter 883, and 84.4not otherwise by Laws 1971, chapter 883, permitted to stand new text begin this chapter new text end may be removed 84.5by the commissioner upon 60 days prior written notice by certified mail to the owner thereofnew text begin new text end 84.6new text begin of the advertising devicenew text end and to the owner of the real property on which such new text begin thenew text end advertising 84.7device is located, provided thatnew text begin .new text end No notice shall benew text begin isnew text end required to be given to the owner of 84.8an advertising device whose name is not stated upon the advertising device or the structure 84.9on which it is displayed, unless the name of suchnew text begin thenew text end owner is otherwise reasonably known 84.10to the commissioner. new text begin The owner of the removed device is liable to the state for the costs of new text end 84.11new text begin removal. new text end The period of such notice shall benew text begin isnew text end computed from the date of mailing.new text begin to both new text end 84.12new text begin the owner of the advertising device and the owner of the real property where the device is new text end 84.13new text begin located. The department must store a removed outdoor advertising device for a minimum new text end 84.14new text begin of 30 days prior to disposal. If the outdoor advertising device is not retrieved by the owner new text end 84.15new text begin within 30 days of removal, the department may dispose of the outdoor advertising device. new text end 84.16new text begin The state is not liable for trespass actions or sign costs for outdoor advertising devices new text end 84.17new text begin removed under this subdivision if proper notice has been served.new text end 84.18    Sec. 91. new text begin [173.155] CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS.new text end 84.19    new text begin Subdivision 1.new text end new text begin Definition.new text end new text begin For the purposes of this section, "changeable electronic new text end 84.20new text begin variable message sign" or "CEVMS" means an outdoor advertising device that contains new text end 84.21new text begin light-emitting diodes or other technology to display copy visible during the day and during new text end 84.22new text begin the night, with the copy changes initiated electronically.new text end 84.23    new text begin Subd. 2.new text end new text begin Prohibition.new text end new text begin Intermittent, animated, scrolling, full-motion video elements, or new text end 84.24new text begin moving lights are prohibited on outdoor advertising devices, including CEVMS.new text end 84.25    new text begin Subd. 3.new text end new text begin Exceptions.new text end new text begin (a) Notwithstanding subdivision 2, a CEVMS is permissible if:new text end 84.26new text begin (1) the message does not change more frequently than once every six seconds;new text end 84.27new text begin (2) the transition between messages or copy does not exceed two seconds in duration;new text end 84.28new text begin (3) the message brightness does not exceed 0.3 foot-candles over ambient light, as new text end 84.29new text begin measured using a foot candle meter from the following distances:new text end 84.30new text begin (i) for signs with a nominal face size of 12 feet by 25 feet, from 150 feet;new text end 84.31new text begin (ii) for signs with a nominal face size of ten feet, six inches, by 36 feet, from 200 feet; new text end 84.32new text begin andnew text end 85.1new text begin (iii) for signs with a nominal face size of 14 feet by 48 feet, from 250 feet; andnew text end 85.2new text begin (4) the sign must not cause beams or rays of light to be directed at the traveled way if new text end 85.3new text begin the light is of such intensity or brilliance as to cause glare that impairs the vision of the new text end 85.4new text begin driver of a motor vehicle, or interfere with any driver's operation of a motor vehicle.new text end 85.5new text begin (b) The brightness measurement under paragraph (a), clause (3), must be conducted at new text end 85.6new text begin least 30 minutes after sunset or at least 30 minutes before sunrise. Each CEVMS must have new text end 85.7new text begin automatic dimming technology that adjusts the device's brightness levels in response to new text end 85.8new text begin changes in ambient light.new text end 85.9    Sec. 92. Minnesota Statutes 2016, section 173.16, is amended by adding a subdivision to 85.10read: 85.11    new text begin Subd. 6.new text end new text begin Stationary structure.new text end new text begin Advertising devices must:new text end 85.12new text begin (1) be stationary;new text end 85.13new text begin (2) be immobile;new text end 85.14new text begin (3) not have wheels; andnew text end 85.15new text begin (4) be incapable of relocation without a permit.new text end 85.16    Sec. 93. Minnesota Statutes 2016, section 173.16, is amended by adding a subdivision to 85.17read: 85.18    new text begin Subd. 7.new text end new text begin Permanent business.new text end new text begin (a) A business that is located in an unzoned commercial new text end 85.19new text begin or industrial area must be in existence for at least three months before a permit may be new text end 85.20new text begin issued. An outdoor advertising device erected prior to receiving a permit is subject to new text end 85.21new text begin removal.new text end 85.22new text begin (b) A commercial establishment may demonstrate evidence of its existence by having new text end 85.23new text begin a Web site, a telephone number that is answered or has an answering machine identifying new text end 85.24new text begin the business, a storefront, pictorial evidence of the business, a building permit, or a lease.new text end 85.25    Sec. 94. new text begin [173.265] OUTDOOR ADVERTISING DEVICES; REMOVAL; new text end 85.26new text begin MAINTENANCE.new text end 85.27    new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin (a) For the purposes of this section, the following terms have new text end 85.28new text begin the meanings given them.new text end 85.29new text begin (b) "Destroyed" means that more than 50 percent of a nonconforming outdoor advertising new text end 85.30new text begin device's upright supports are physically damaged to a degree that normal repair practices new text end 86.1new text begin would require replacement of broken wooden supports or replacement of broken, bent, or new text end 86.2new text begin twisted supports for metal sign structures.new text end 86.3new text begin (c) "Reasonable repair and maintenance" means customary maintenance and change of new text end 86.4new text begin a sign's copy or message, and includes replacement of existing light fixtures with energy new text end 86.5new text begin efficient fixtures or installation of other energy efficiency improvements. Reasonable repair new text end 86.6new text begin and maintenance does not include:new text end 86.7new text begin (1) the addition of illumination;new text end 86.8new text begin (2) repair, reinstallation, erection, or maintenance for outdoor advertising devices that new text end 86.9new text begin are destroyed, as defined under paragraph (b);new text end 86.10new text begin (3) enlarging the nonconforming device;new text end 86.11new text begin (4) changing the device from a wood structure to a steel or concrete structure; ornew text end 86.12new text begin (5) any change that would terminate nonconforming status.new text end 86.13new text begin (d) "Substantial change" means any action that does not constitute reasonable repair and new text end 86.14new text begin maintenance.new text end 86.15    new text begin Subd. 2.new text end new text begin Application.new text end new text begin This section applies only to outdoor advertising devices subject new text end 86.16new text begin to state and federal regulation under United States Code, title 23, section 131, and any new text end 86.17new text begin regulations adopted under that law.new text end 86.18    new text begin Subd. 3.new text end new text begin Removal.new text end new text begin The department may remove a destroyed, abandoned, or discontinued new text end 86.19new text begin outdoor advertising device, subject to the limitations provided under this chapter.new text end 86.20    new text begin Subd. 4.new text end new text begin Reasonable repair and maintenance.new text end new text begin (a) The owner of an outdoor advertising new text end 86.21new text begin device may perform reasonable repair and maintenance on any device, provided the device new text end 86.22new text begin is not destroyed.new text end 86.23new text begin (b) Any action not constituting reasonable repair and maintenance will subject the outdoor new text end 86.24new text begin advertising device to immediate removal under subdivision 3.new text end 86.25    new text begin Subd. 5.new text end new text begin Substantial change.new text end new text begin Substantial changes to outdoor advertising devices are new text end 86.26new text begin prohibited. A substantial change to a nonconforming outdoor advertising device will subject new text end 86.27new text begin the sign to immediate removal under subdivision 3.new text end 86.28    Sec. 95. Minnesota Statutes 2016, section 174.03, subdivision 1a, is amended to read: 86.29    Subd. 1a. Revision of statewide multimodal transportation plan. (a) The commissioner 86.30shallnew text begin mustnew text end revise the statewide multimodal transportation plan by January 15, 2013new text begin 2022new text end , 86.31and by January 15 of every fournew text begin fivenew text end years thereafter. Before final adoption of a revised 87.1plan, the commissioner shallnew text begin mustnew text end hold a hearing to receive public comment on the 87.2preliminary draft of the revised plan. 87.3(b) Each revised statewide multimodal transportation plan must: 87.4(1) incorporate the goals of the state transportation system in section 174.01; 87.5(2) establish objectives, policies, and strategies for achieving those goals; and 87.6(3) identify performance targets for measuring progress and achievement of transportation 87.7system goals, objectives, or policies. 87.8    Sec. 96. Minnesota Statutes 2016, section 174.03, subdivision 1c, is amended to read: 87.9    Subd. 1c. Statewide highway 20-year capital investment plan. By January 15, 2013, 87.10and in conjunction withnew text begin Within one year ofnew text end each future revision of the statewide multimodal 87.11transportation plannew text begin under subdivision 1anew text end , the commissioner shallnew text begin mustnew text end prepare a 20-year 87.12statewide highway capital investment plan that: 87.13(1) incorporates performance measures and targets for assessing progress and achievement 87.14of the state's transportation goals, objectives, and policies identified in this chapter for the 87.15state trunk highway system, and those goals, objectives, and policies established in the 87.16statewide multimodal transportation plan. Performance targets must be based on objectively 87.17verifiable measures, and address, at a minimum, preservation and maintenance of the 87.18structural condition of state highway bridges and pavements, safety, and mobility; 87.19(2) summarizes trends and impacts for each performance target over the past five years; 87.20(3) summarizes the amount and analyzes the impact of the department's capital 87.21investments and priorities over the past five years on each performance target, including a 87.22comparison of prior plan projected costs with actual costs; 87.23(4) identifies the investments required to meet the established performance targets over 87.24the next 20-year period; 87.25(5) projects available state and federal funding over the 20-year period, including any 87.26unique, competitive, time-limited, or focused funding opportunities; 87.27(6) identifies strategies to ensure the most efficient use of existing transportation 87.28infrastructure, and to maximize the performance benefits of projected available funding; 87.29(7) establishes investment priorities for projected funding, including a schedule of major 87.30projects or improvement programs for the 20-year period together with projected costs and 87.31impact on performance targets; and 88.1(8) identifies those performance targets identified under clause (1) not expected to meet 88.2the target outcome over the 20-year period together with alternative strategies that could 88.3be implemented to meet the targets. 88.4    Sec. 97. new text begin [174.38] ACTIVE TRANSPORTATION PROGRAM.new text end 88.5    new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin (a) For purposes of this section, the following terms have new text end 88.6new text begin the meanings given them.new text end 88.7new text begin (b) "Active transportation" means bicycling, pedestrian activities, and other forms of new text end 88.8new text begin nonmotorized transportation.new text end 88.9new text begin (c) "Commissioner" means the commissioner of transportation.new text end 88.10    new text begin Subd. 2.new text end new text begin Program established.new text end new text begin Subject to available funds, the commissioner must new text end 88.11new text begin establish a program to support active transportation.new text end 88.12    new text begin Subd. 3.new text end new text begin Active transportation account.new text end new text begin An active transportation account is established new text end 88.13new text begin in the special revenue fund. The account consists of funds provided by law and any other new text end 88.14new text begin money donated, allotted, transferred, or otherwise provided to the account. Money in the new text end 88.15new text begin account must be expended only on a project that receives financial assistance under this new text end 88.16new text begin section.new text end 88.17    new text begin Subd. 4.new text end new text begin Program administration.new text end new text begin (a) The commissioner must establish active new text end 88.18new text begin transportation program requirements, including:new text end 88.19new text begin (1) assistance eligibility, subject to the requirements under subdivision 5;new text end 88.20new text begin (2) a solicitation and application process that minimizes the burden on applicants; andnew text end 88.21new text begin (3) procedures to award and pay financial assistance.new text end 88.22new text begin (b) The commissioner must annually conduct a solicitation for active transportation new text end 88.23new text begin projects under the program.new text end 88.24new text begin (c) The commissioner must make reasonable efforts to publicize each application new text end 88.25new text begin solicitation among all eligible recipients. The commissioner must assist applicants to create new text end 88.26new text begin and submit applications, with an emphasis on providing assistance in communities that are new text end 88.27new text begin historically and currently underrepresented in local or regional planning, including new text end 88.28new text begin communities of color, low-income households, people with disabilities, and people with new text end 88.29new text begin limited English proficiency.new text end 88.30new text begin (d) The commissioner may provide grants or other financial assistance for a project.new text end 89.1new text begin (e) The commissioner is prohibited from expending more than one percent of available new text end 89.2new text begin funds in a fiscal year under this section on program administration.new text end 89.3    new text begin Subd. 5.new text end new text begin Eligibility.new text end new text begin Eligible recipients of financial assistance under this section are:new text end 89.4new text begin (1) a political subdivision; andnew text end 89.5new text begin (2) a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code, as new text end 89.6new text begin amended.new text end 89.7    new text begin Subd. 6.new text end new text begin Use of funds.new text end new text begin The commissioner must determine permissible uses of financial new text end 89.8new text begin assistance under this section, which are limited to:new text end 89.9new text begin (1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including new text end 89.10new text begin but not limited to safe routes to school infrastructure and bicycle facilities and centers; andnew text end 89.11new text begin (2) noninfrastructure programming, including activities as specified in section 174.40, new text end 89.12new text begin subdivision 7a, paragraph (b).new text end 89.13    new text begin Subd. 7.new text end new text begin Project evaluation and selection.new text end new text begin (a) The commissioner must establish a new text end 89.14new text begin project evaluation and selection process that is competitive, criteria-based, and objective.new text end 89.15new text begin (b) The process must include criteria and prioritization of projects based on:new text end 89.16new text begin (1) the project's inclusion in a municipal or regional nonmotorized transportation system new text end 89.17new text begin plan;new text end 89.18new text begin (2) the extent to which policies or practices of the political subdivision encourage and new text end 89.19new text begin promote complete streets planning, design, and construction;new text end 89.20new text begin (3) the extent to which the project supports connections between communities and to new text end 89.21new text begin key destinations within a community;new text end 89.22new text begin (4) identified barriers or deficiencies in the nonmotorized transportation system;new text end 89.23new text begin (5) identified safety or health benefits;new text end 89.24new text begin (6) geographic equity in project benefits, with an emphasis on communities that are new text end 89.25new text begin historically and currently underrepresented in local or regional planning; andnew text end 89.26new text begin (7) ability of a grantee to maintain the active transportation infrastructure following new text end 89.27new text begin project completion.new text end 90.1    Sec. 98. Minnesota Statutes 2016, section 174.50, subdivision 5, is amended to read: 90.2    Subd. 5. Certification and disbursal for project of political subdivision. Before 90.3disbursement of an appropriation made from the fund to the commissioner of transportation 90.4for grants to subdivisions of the state, the commissioner shallnew text begin mustnew text end certifynew text begin thatnew text end : 90.5(1) that the project for which the grant is made has been reviewed as provided in 90.6subdivision 4; 90.7(2) that the project conforms to the program authorized by the appropriation law and 90.8rules adopted by the Department of Transportation consistent therewith; and 90.9(3) thatnew text begin (2)new text end the financing of any estimated cost of the project in excess of the amount of 90.10the grant is assured by the appropriation of the proceeds of bonds or other funds of the 90.11subdivision, or by a grant from an agency of the federal government, within the amount of 90.12funds then appropriated to that agency and allocated by it to projects within the state, and 90.13by an irrevocable undertaking, in a resolution of the governing body of the subdivision, to 90.14use all funds so made available exclusively for the project, and to pay any additional amount 90.15by which the cost exceeds the estimate through appropriation to the construction fund of 90.16additional funds or the proceeds of additional bonds to be issued by the subdivision. 90.17    Sec. 99. Minnesota Statutes 2016, section 174.50, subdivision 6b, is amended to read: 90.18    Subd. 6b. Bridge costs in smaller cities. (a) The commissioner may make grants from 90.19the state transportation fund to a home rule or statutory city with a population of 5,000 or 90.20less for design, engineering, and construction of bridges on city streets. 90.21(b) Grants under this subdivision are subject to the procedures and criteria established 90.22under subdivisions 5, 6, and 7. 90.23(c)new text begin (b)new text end Grants may be used for: 90.24(1) 100 percent of the design and engineering costs that are in excess of $10,000; 90.25(2) 100 percent of the bridge approach work costs that are in excess of $10,000; and 90.26(3) 100 percent of the bridge construction work costs. 90.27    Sec. 100. Minnesota Statutes 2016, section 174.50, subdivision 6c, is amended to read: 90.28    Subd. 6c. Fracture-critical bridges. (a) The commissioner may make a grant to any 90.29political subdivision for replacement or rehabilitation of a fracture-critical bridge. To be 90.30eligible for a grant under this subdivision, the project must produce a bridge structure: 91.1(1) that is no longer classified as fracture critical, by having alternate load paths; and 91.2(2) whose failure of a main component will not result in the collapse of the bridge. 91.3(b) A grant under this subdivision is subject to the procedures and criteria established 91.4under subdivisions 5 and 6. 91.5    Sec. 101. Minnesota Statutes 2016, section 174.50, subdivision 7, is amended to read: 91.6    Subd. 7. Bridge grant program; rulemaking. (a) The commissioner of transportation 91.7shall develop rules, procedures for application for grants, conditions of grant administration, 91.8standards, and criteria as provided under subdivision 6, including bridge specifications, in 91.9cooperation with road authorities of political subdivisions, for use in the administration of 91.10funds appropriated to the commissioner and for the administration of grants to subdivisions. 91.11new text begin Grants under this section are subject to the procedures and criteria established in this new text end 91.12new text begin subdivision and in subdivisions 5 and 6.new text end 91.13(b) The maximum use of standardized bridges is encouraged. Regardless of the size of 91.14the existing bridge, a bridge or replacement bridge is eligible for assistance from the state 91.15transportation fund if a hydrological survey indicates that the bridge or replacement bridge 91.16must be ten feet or more in length. 91.17(c) As part of the standards or rules, the commissioner shall, in consultation with local 91.18road authorities, establish a minimum distance between any two bridges that cross over the 91.19same river, stream, or waterway, so that only one of the bridges is eligible for a grant under 91.20this section. As appropriate, the commissioner may establish exceptions from the minimum 91.21distance requirement or procedures for obtaining a variance. 91.22(d) Political subdivisions may use grants made under this section to construct or 91.23reconstruct bridges, including but not limited to: 91.24(1) matching federal aid grants to construct or reconstruct key bridges; 91.25(2) paying the costs to abandon an existing bridge that is deficient and in need of 91.26replacement but where no replacement will be made; and 91.27(3) paying the costs to construct a road or street to facilitate the abandonment of an 91.28existing bridge if the commissioner determines that the bridge is deficient, and that 91.29construction of the road or street is more economical than replacement of the existing bridge. 91.30(e) Funds appropriated to the commissioner from the Minnesota state transportation 91.31fund shall be segregated from the highway tax user distribution fund and other funds created 91.32by article XIV of the Minnesota Constitution. 92.1new text begin (f) The commissioner is prohibited from awarding a grant under this section for a local new text end 92.2new text begin bridge replacement or rehabilitation project with a total project cost estimate of $7,000,000 new text end 92.3new text begin or more.new text end 92.4new text begin (g) Notwithstanding paragraph (f), the commissioner may award a grant under this new text end 92.5new text begin section for a portion of a local bridge replacement or rehabilitation project with a total new text end 92.6new text begin project cost estimate of $7,000,000 or more if every other local bridge replacement or new text end 92.7new text begin rehabilitation project on the commissioner's priority list with a total project cost estimate new text end 92.8new text begin of less than $7,000,000 has been fully funded.new text end 92.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 92.10    Sec. 102. new text begin [174.53] DEPARTMENT OF TRANSPORTATION EFFICIENCIES.new text end 92.11new text begin (a) Beginning in fiscal years 2018 and 2019, the commissioner of transportation must new text end 92.12new text begin implement efficiencies equal to at least 15 percent of the appropriations made annually to new text end 92.13new text begin the commissioner from the trunk highway fund that are above base appropriations for fiscal new text end 92.14new text begin years 2018 and 2019.new text end 92.15new text begin (b) The efficiency savings resulting from the requirements in paragraph (a) are for the new text end 92.16new text begin construction, maintenance, or rehabilitation of trunk highways, including roads and bridges.new text end 92.17    Sec. 103. Minnesota Statutes 2016, section 174.56, is amended by adding a subdivision 92.18to read: 92.19    new text begin Subd. 4.new text end new text begin Availability of information.new text end new text begin The commissioner must maintain an Internet Web new text end 92.20new text begin site that displays information for each major highway project. At a minimum, the information new text end 92.21new text begin must include the report contents identified in subdivision 2.new text end 92.22    Sec. 104. new text begin [174.57] SNOW AND ICE CONTROL; APPROPRIATION.new text end 92.23new text begin (a) In a fiscal year in which the commissioner expends more than 110 percent of the new text end 92.24new text begin established biennial expenditure level for snow and ice management, the commissioner may new text end 92.25new text begin use an additional amount for this purpose that does not exceed 50 percent of the new text end 92.26new text begin unappropriated balance in the trunk highway fund. The amount identified by the new text end 92.27new text begin commissioner under this paragraph is appropriated from the trunk highway fund to the new text end 92.28new text begin commissioner for snow and ice management purposes.new text end 92.29new text begin (b) Upon using the appropriation authority in this section, the commissioner must notify new text end 92.30new text begin the commissioner of management and budget and the chairs, ranking minority members, new text end 92.31new text begin and staff of the house of representatives and senate committees having jurisdiction over new text end 93.1new text begin transportation finance. The notification must at a minimum identify the established biennial new text end 93.2new text begin expenditure level for snow and ice management and the amount appropriated under this new text end 93.3new text begin section.new text end 93.4new text begin (c) In each budget submission to the legislature under section 16A.11, the commissioner new text end 93.5new text begin must include:new text end 93.6new text begin (1) the proposed biennial expenditure level for snow and ice management for the next new text end 93.7new text begin budget biennium; andnew text end 93.8new text begin (2) the total amount expended or estimated to be expended under the appropriation in new text end 93.9new text begin this section for the budget biennium that is ending.new text end 93.10new text begin (d) For purposes of this section, "snow and ice management purposes" means the new text end 93.11new text begin following items relating to keeping the roads clear of snow and ice: overtime pay for existing new text end 93.12new text begin employees; fuel; maintenance and repair; and anti-icing treatments, salt, sand, or other new text end 93.13new text begin similar substances. "Snow and ice management purposes" does not include the hiring of new text end 93.14new text begin additional employees or purchasing additional vehicles or equipment.new text end 93.15    Sec. 105. Minnesota Statutes 2016, section 174.93, is amended to read: 93.16174.93 GUIDEWAYnew text begin METROPOLITAN AREA TRANSITnew text end INVESTMENT. 93.17    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have 93.18the meanings given:new text begin .new text end 93.19(1)new text begin (b) "Busway" means a form of bus service provided to the public on a regular and new text end 93.20new text begin ongoing basis, including arterial or highway bus rapid transit, that (1) compared to other new text end 93.21new text begin regular route bus service, provides reduced travel time and uses distinct bus stop or station new text end 93.22new text begin amenities, and (2) does not primarily or substantially operate within separated rights-of-way;new text end 93.23new text begin (c)new text end "Commissioner" means the commissioner of transportation;new text begin .new text end 93.24(2)new text begin (d)new text end "Guideway" means a form of transportation service provided to the public on a 93.25regular and ongoing basis, thatnew text begin primarily or substantiallynew text end operates on exclusive or controlled new text begin new text end 93.26new text begin within separatednew text end rights-of-way ornew text begin operates onnew text end rails in whole or in part, and includesnew text begin :new text end 93.27new text begin (1)new text end each line for intercity passenger rail, commuter rail, light rail transit,new text begin andnew text end streetcars, 93.28andnew text begin ;new text end 93.29new text begin (2) as applicable, each line for dedicated bus service, which may include arterial or new text end 93.30new text begin highwaynew text end bus rapid transit; andnew text begin , limited stop bus service, and express bus service; andnew text end 94.1new text begin (3) any intermodal facility serving two or more lines identified in clauses (1) and (2). new text end 94.2new text begin Guideway does not include a busway.new text end 94.3(3)new text begin (e)new text end "Local unit of government" means a county, statutory or home rule charter city, 94.4town, or other political subdivision including, but not limited to, a regional railroad authority 94.5or joint powers board. 94.6new text begin (f) "Separated rights-of-way" includes exclusive, dedicated, or primary use of a new text end 94.7new text begin right-of-way by the public transportation service. Separated rights-of-way does not include new text end 94.8new text begin a shoulder, dynamic shoulder lane, or priced lane under section 160.93.new text end 94.9(b) For purposes of this section,new text begin (g)new text end "Sources of funds" includes, but is not limited to, 94.10money from federal aid, state appropriations, the Metropolitan Council, special taxing 94.11districts, local units of government, fare box recovery, and nonpublic sources. 94.12(c) For purposes of this section,new text begin (h)new text end "Budget activity" includes, but is not limited to, 94.13environmental analysis, land acquisition, easements, design, preliminary and final 94.14engineering, acquisition of vehicles and rolling stock, track improvement and rehabilitation, 94.15and construction. 94.16    Subd. 1a. new text begin Guideway new text end capital project requests to legislature. A state agency or local 94.17unit of government that submits a request to the legislature to obtain state funds for a 94.18guideway project shall, as part of the request, provide a summary financial plan for the 94.19project that presents the following information as reflected by the data and level of detail 94.20available in the latest phase of project development: 94.21(1) capital expenditures and funding sources for the project, including expenditures to 94.22date and total projected or estimated expenditures, with a breakdown by committed and 94.23proposed sources of funds; and 94.24(2) estimated annual operations and maintenance expenditures for the project, with a 94.25breakdown by committed and proposed sources of funds. 94.26    Subd. 2. Legislative report. (a) By Januarynew text begin Octobernew text end 15, 2012, and by November 15 in 94.27every odd-numberednew text begin even-numberednew text end year thereafter, the commissioner shallnew text begin council mustnew text end 94.28prepare, in collaboration with the Metropolitan Councilnew text begin commissionernew text end , andnew text begin a report on new text end 94.29new text begin comprehensive transit finance in the metropolitan area. The council mustnew text end submit anew text begin thenew text end report 94.30electronically to the chairs and ranking minority members of the legislative committees 94.31with jurisdiction over transportation policy and finance concerningnew text begin .new text end 94.32new text begin (b) The report must be structured to provide financial information in six-month increments new text end 94.33new text begin corresponding to state and local fiscal years, and must use consistent assumptions and new text end 95.1new text begin methodologies. The report must comprehensively identify all funding sources and new text end 95.2new text begin expenditures related to transit in the metropolitan area, including but not limited to:new text end 95.3new text begin (1) sources and uses of funds from regional railroad authorities, joint powers agreements, new text end 95.4new text begin counties, and cities;new text end 95.5new text begin (2) expenditures for transit planning, feasibility studies, alternatives analysis, and other new text end 95.6new text begin transit project development; andnew text end 95.7new text begin (3) expenditures for guideways, busways, regular route bus service, demand-response new text end 95.8new text begin service, and special transportation service under section 473.386.new text end 95.9new text begin (c) The report must include a section that summarizesnew text end the status of new text begin (1) guideways in new text end 95.10new text begin revenue operation, and (2) new text end guideway projects (1)new text begin (i)new text end currently in study, planning, 95.11development, or construction; (2)new text begin (ii)new text end identified in the transportation policy plan under 95.12section 473.146; or (3)new text begin (iii)new text end identified in the comprehensive statewide freight and passenger 95.13rail plan under section 174.03, subdivision 1b. 95.14(b)new text begin (d)new text end At a minimum, thenew text begin guideways status section of thenew text end report must include,new text begin providenew text end 95.15for each guideway projectnew text begin wholly or partially in the metropolitan areanew text end : 95.16(1) a brief description of the project, including projected ridership; 95.17(2) a summary of the overall status and current phase of the project; 95.18(3) a timeline that includes (i) project phases or milestonesnew text begin , including any federal new text end 95.19new text begin approvalsnew text end ; (ii) expected and known dates of commencement of each phase or milestone; 95.20and (iii) expected and known dates of completion of each phase or milestone; 95.21(4) a brief progress update on specific project phases or milestones completed since the 95.22last previous submission of a report under this subdivision; and 95.23(5) a summary financial plan that identifies, as reflected by the data and level of detail 95.24available in the latest phase of project development and to the extent available: 95.25(i) capital expenditures, including expenditures to date and total projected expenditures, 95.26with a breakdown by committed and proposed sources of funds for the project; 95.27(ii) estimated annual operations and maintenance expenditures reflecting the level of 95.28detail available in the current phase of the project development, with a breakdown by 95.29committed and proposed sources of funds for the project; and 95.30(iii) if feasible, project expenditures by budget activity. 96.1new text begin (e) The report must include a section that summarizes the status of (1) busways in revenue new text end 96.2new text begin operation, and (2) busway projects currently in study, planning, development, or construction.new text end 96.3new text begin (f) The report must include a section that identifies the total ridership, farebox recovery new text end 96.4new text begin ratio, and per-passenger operating subsidy for (1) each route and line in revenue operation new text end 96.5new text begin by a transit provider, including guideways, busways, and regular route bus service; and (2) new text end 96.6new text begin demand-response service and special transportation service. The section must provide data, new text end 96.7new text begin as available on a per-passenger mile basis and must provide information for at least the new text end 96.8new text begin previous three years. The section must identify performance standards for farebox recovery new text end 96.9new text begin and identify each route and line that does not meet the standards.new text end 96.10(c)new text begin (g)new text end The report must also include a systemwide capacity analysis fornew text begin transit operations new text end 96.11new text begin andnew text end investment in guideway expansion and maintenance that: 96.12(1) provides a funding projection, annually over the ensuing ten years, and with a 96.13breakdown by committed and proposed sources of funds, of: 96.14(i) total capital expenditures for guidewaysnew text begin and for buswaysnew text end ; 96.15(ii) total operations and maintenance expenditures for guidewaysnew text begin and for buswaysnew text end ; 96.16(iii) total funding available for guidewaysnew text begin and for buswaysnew text end , including from projected or 96.17estimated farebox recovery; and 96.18(iv) total funding available for transit service in the metropolitan area; and 96.19(2) evaluates the availability of funds and distribution of sources of funds for guidewaynew text begin new text end 96.20new text begin and for buswaynew text end investments. 96.21(d)new text begin (h)new text end The projectionnew text begin capacity analysisnew text end under paragraph (c), clause (1),new text begin (g)new text end must be for 96.22new text begin include new text end all guidewaynew text begin and buswaynew text end lines for which statenew text begin publicnew text end funds are reasonably expected 96.23to be expended in planning, development, construction, or revenue operationnew text begin , or capital new text end 96.24new text begin maintenancenew text end during the ensuing ten years. 96.25(e)new text begin (i)new text end Local units of government shallnew text begin mustnew text end provide assistance and information in a 96.26timely manner as requested by the commissioner or council for completion of the report. 96.27new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective January 1, 2018, and new text end 96.28new text begin applies beginning with the report due by October 15, 2018. This section applies in the new text end 96.29new text begin counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end 97.1    Sec. 106. new text begin [219.016] HAZARDOUS MATERIALS RAIL SAFETY.new text end 97.2    new text begin Subdivision 1.new text end new text begin Program established.new text end new text begin A hazardous materials rail safety program is new text end 97.3new text begin established for the purpose of reducing the risks associated with the transportation of oil, new text end 97.4new text begin ethanol, and other hazardous material by rail.new text end 97.5    new text begin Subd. 2.new text end new text begin Accounts established.new text end new text begin Two hazardous materials rail safety program accounts new text end 97.6new text begin are created, one in the special revenue fund and one in the bond proceeds fund. The account new text end 97.7new text begin in the special revenue fund consists of money as provided by law, and any other money new text end 97.8new text begin donated, allotted, transferred, or otherwise provided to the account. Money in each account new text end 97.9new text begin is appropriated to the commissioner of transportation to make grants as provided in this new text end 97.10new text begin section. Money in the accounts is available until spent, notwithstanding section 16A.28 or new text end 97.11new text begin 16A.642.new text end 97.12    new text begin Subd. 3.new text end new text begin Eligible applicant.new text end new text begin A county, statutory or home rule charter city, or town that new text end 97.13new text begin is responsible for establishing and maintaining public highway-rail grade crossings on rail new text end 97.14new text begin corridors transporting crude oil and other hazardous materials may apply to the commissioner new text end 97.15new text begin for financial assistance under this section.new text end 97.16    new text begin Subd. 4.new text end new text begin Eligible project.new text end new text begin (a) A project is eligible for a grant from the account in the new text end 97.17new text begin bond proceeds fund if the project is for the acquisition or betterment of public land, buildings, new text end 97.18new text begin and other public improvements of a capital nature within the meaning of the Minnesota new text end 97.19new text begin Constitution, article XI, section 5, clause (a) or (i), including capital costs associated with new text end 97.20new text begin hazardous materials rail safety projects on public highway-rail grade crossings. Qualifying new text end 97.21new text begin capital costs include but are not limited to upgrades to existing protection systems, the new text end 97.22new text begin closing of crossings and necessary roadwork, and reconstruction of at-grade crossings to new text end 97.23new text begin full grade separations.new text end 97.24new text begin (b) A project is eligible for a grant from the account in the special revenue fund if it is new text end 97.25new text begin for purposes described in paragraph (a) or other capital facility improvement purposes that new text end 97.26new text begin support the purposes for which this grant program is established, including capital costs new text end 97.27new text begin associated with planning, engineering, administration, and construction of public highway-rail new text end 97.28new text begin grade crossing improvements on rail corridors transporting crude oil and other hazardous new text end 97.29new text begin materials. Improvements may include upgrades to existing protection systems, the closing new text end 97.30new text begin of crossings and necessary roadwork, and reconstruction of at-grade crossings to full grade new text end 97.31new text begin separations.new text end 97.32    new text begin Subd. 5.new text end new text begin Grants; criteria for grant award.new text end new text begin The commissioner must consider the new text end 97.33new text begin following criteria to evaluate applications for a grant award under this section:new text end 98.1    new text begin (1) whether the crossing was identified as a potential candidate for grade separation in new text end 98.2new text begin the Department of Transportation's crude by rail grade crossing study (Improvements to new text end 98.3new text begin Highway Grade Crossings and Rail Safety, December 2014);new text end 98.4    new text begin (2) roadway traffic volumes and speeds;new text end 98.5    new text begin (3) train volumes and speeds;new text end 98.6    new text begin (4) adjacent land use;new text end 98.7    new text begin (5) crash history;new text end 98.8    new text begin (6) use of the crossing by emergency vehicles;new text end 98.9    new text begin (7) use of the crossing by vehicles carrying hazardous materials; andnew text end 98.10    new text begin (8) local financial contributions to the project.new text end 98.11    new text begin Subd. 6.new text end new text begin Process.new text end new text begin The commissioner must develop forms and procedures for soliciting new text end 98.12new text begin and reviewing applications for grants under this section. An applicant must apply for a grant new text end 98.13new text begin in the manner and at the times determined by the commissioner. The grant agreement must new text end 98.14new text begin be approved by the commissioner of management and budget and is subject to cancellation new text end 98.15new text begin under subdivision 7.new text end 98.16    new text begin Subd. 7.new text end new text begin Grant cancellation.new text end new text begin If the commissioner determines that a grantee is unable new text end 98.17new text begin to proceed with an approved project or has not expended or obligated the grant money within new text end 98.18new text begin four years of entering into the grant agreement with the commissioner, the commissioner new text end 98.19new text begin must cancel the grant. Money canceled under this subdivision is available for the new text end 98.20new text begin commissioner to make other grants under this section.new text end 98.21    Sec. 107. Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision 98.22to read: 98.23    new text begin Subd. 2e.new text end new text begin Exemptions for pipeline welding trucks.new text end new text begin A pipeline welding truck, as defined new text end 98.24new text begin in Code of Federal Regulations, title 49, section 390.38, paragraph (b), including an individual new text end 98.25new text begin operating a pipeline welding truck and the employer of the individual, is exempt from any new text end 98.26new text begin requirement relating to:new text end 98.27new text begin (1) registration as a motor carrier, including the requirement to obtain and display a new text end 98.28new text begin United States Department of Transportation number under subdivision 6 and section 168.185;new text end 98.29new text begin (2) driver qualifications under section 221.0314, subdivision 2;new text end 98.30new text begin (3) driving of commercial motor vehicles under section 221.0314, subdivision 6;new text end 99.1new text begin (4) parts, accessories, and inspection, repair, and maintenance of commercial motor new text end 99.2new text begin vehicles under section 221.0314, subdivisions 7 and 10; andnew text end 99.3new text begin (5) hours of service of drivers, including maximum driving and on-duty time under new text end 99.4new text begin section 221.0314, subdivision 9.new text end 99.5    Sec. 108. Minnesota Statutes 2016, section 222.49, is amended to read: 99.6222.49 RAIL SERVICE IMPROVEMENT ACCOUNT; APPROPRIATION. 99.7    The rail service improvement account is created in the special revenue fund in the state 99.8treasury. The commissioner shall deposit in this account allnew text begin consists of funds as provided new text end 99.9new text begin by law, and any othernew text end money appropriated to or received by the department for the purpose 99.10of rail service improvementnew text begin donated, allotted, transferred, or otherwise provided to the new text end 99.11new text begin accountnew text end , excluding bond proceeds as authorized by article XI, section 5, clause (i)new text begin ,new text end of the 99.12Minnesota Constitution. All money so deposited is appropriated to the department for 99.13expenditure for rail service improvement in accordance with applicable state and federal 99.14law. This appropriation shall not lapse but shall be available until the purpose for which it 99.15was appropriated has been accomplished. No money appropriated to the department for the 99.16purposes of administering the rail service improvement program shall be deposited in the 99.17rail service improvement account nor shall such administrative costs be paid from the 99.18account. 99.19    Sec. 109. Minnesota Statutes 2016, section 222.50, subdivision 6, is amended to read: 99.20    Subd. 6. Grants. The commissioner may approve grants from the rail service 99.21improvement account for payment of up to 50 percent of the nonfederal share of the cost 99.22of any rail line project under the federal rail service continuation programnew text begin freight rail service new text end 99.23new text begin improvements that support economic developmentnew text end . 99.24    Sec. 110. Minnesota Statutes 2016, section 256B.15, subdivision 1a, is amended to read: 99.25    Subd. 1a. Estates subject to claims. (a) If a person receives medical assistance hereunder, 99.26on the person's death, if single, or on the death of the survivor of a married couple, either 99.27or both of whom received medical assistance, or as otherwise provided for in this section, 99.28the amount paid for medical assistance as limited under subdivision 2 for the person and 99.29spouse shall be filed as a claim against the estate of the person or the estate of the surviving 99.30spouse in the court having jurisdiction to probate the estate or to issue a decree of descent 99.31according to sections 525.31 to 525.313. 99.32(b) For the purposes of this section, the person's estate must consist of: 100.1(1) the person's probate estate; 100.2(2) all of the person's interests or proceeds of those interests in real property the person 100.3owned as a life tenant or as a joint tenant with a right of survivorship at the time of the 100.4person's death; 100.5(3) all of the person's interests or proceeds of those interests in securities the person 100.6owned in beneficiary form as provided under sections 524.6-301 to 524.6-311 at the time 100.7of the person's death, to the extent the interests or proceeds of those interests become part 100.8of the probate estate under section 524.6-307; 100.9(4) all of the person's interests in joint accounts, multiple-party accounts, and pay-on-death 100.10accounts, brokerage accounts, investment accounts, or the proceeds of those accounts, as 100.11provided under sections 524.6-201 to 524.6-214 at the time of the person's death to the 100.12extent the interests become part of the probate estate under section 524.6-207; and 100.13(5) assets conveyed to a survivor, heir, or assign of the person through survivorship, 100.14living trust, new text begin transfer-on-death of title or deed, new text end or other arrangements. 100.15(c) For the purpose of this section and recovery in a surviving spouse's estate for medical 100.16assistance paid for a predeceased spouse, the estate must consist of all of the legal title and 100.17interests the deceased individual's predeceased spouse had in jointly owned or marital 100.18property at the time of the spouse's death, as defined in subdivision 2b, and the proceeds of 100.19those interests, that passed to the deceased individual or another individual, a survivor, an 100.20heir, or an assign of the predeceased spouse through a joint tenancy, tenancy in common, 100.21survivorship, life estate, living trust, or other arrangement. A deceased recipient who, at 100.22death, owned the property jointly with the surviving spouse shall have an interest in the 100.23entire property. 100.24(d) For the purpose of recovery in a single person's estate or the estate of a survivor of 100.25a married couple, "other arrangement" includes any other means by which title to all or any 100.26part of the jointly owned or marital property or interest passed from the predeceased spouse 100.27to another including, but not limited to, transfers between spouses which are permitted, 100.28prohibited, or penalized for purposes of medical assistance. 100.29(e) A claim shall be filed if medical assistance was rendered for either or both persons 100.30under one of the following circumstances: 100.31(1) the person was over 55 years of age, and received services under this chapter prior 100.32to January 1, 2014; 101.1(2) the person resided in a medical institution for six months or longer, received services 101.2under this chapter, and, at the time of institutionalization or application for medical assistance, 101.3whichever is later, the person could not have reasonably been expected to be discharged 101.4and returned home, as certified in writing by the person's treating physician. For purposes 101.5of this section only, a "medical institution" means a skilled nursing facility, intermediate 101.6care facility, intermediate care facility for persons with developmental disabilities, nursing 101.7facility, or inpatient hospital; 101.8(3) the person received general assistance medical care services under the program 101.9formerly codified under chapter 256D; or 101.10(4) the person was 55 years of age or older and received medical assistance services on 101.11or after January 1, 2014, that consisted of nursing facility services, home and 101.12community-based services, or related hospital and prescription drug benefits. 101.13(f) The claim shall be considered an expense of the last illness of the decedent for the 101.14purpose of section 524.3-805. Notwithstanding any law or rule to the contrary, a state or 101.15county agency with a claim under this section must be a creditor under section 524.6-307. 101.16Any statute of limitations that purports to limit any county agency or the state agency, or 101.17both, to recover for medical assistance granted hereunder shall not apply to any claim made 101.18hereunder for reimbursement for any medical assistance granted hereunder. Notice of the 101.19claim shall be given to all heirs and devisees of the decedent, and to other persons with an 101.20ownership interest in the real property owned by the decedent at the time of the decedent's 101.21death, whose identity can be ascertained with reasonable diligence. The notice must include 101.22procedures and instructions for making an application for a hardship waiver under subdivision 101.235; time frames for submitting an application and determination; and information regarding 101.24appeal rights and procedures. Counties are entitled to one-half of the nonfederal share of 101.25medical assistance collections from estates that are directly attributable to county effort. 101.26Counties are entitled to ten percent of the collections for alternative care directly attributable 101.27to county effort. 101.28    Sec. 111. Minnesota Statutes 2016, section 297A.815, subdivision 3, is amended to read: 101.29    Subd. 3. Motor vehicle lease sales tax revenue. (a) For purposes of this subdivision, 101.30"net revenue" means an amount equal to the revenues, including interest and penalties, 101.31collected under this section, during the fiscal year; less $32,000,000 in each fiscal year. 101.32    (b) new text begin (a) new text end On or before June 30 of each fiscal year, the commissioner of revenue shallnew text begin mustnew text end 101.33estimate the amount of the net revenuenew text begin revenues, including interest and penalties and minus new text end 101.34new text begin refunds, collected under this sectionnew text end for the current fiscal year. 102.1    (c) On or afternew text begin (b) Bynew text end July 1new text begin 15new text end of the subsequent fiscal year, the commissioner of 102.2management and budget shallnew text begin mustnew text end transfer the net revenue asnew text begin revenuesnew text end estimated innew text begin undernew text end 102.3paragraph (b)new text begin (a)new text end from the general fund, as follows: 102.4new text begin (1) 38 percent to the county state-aid highway fund;new text end 102.5new text begin (2) 38 percent to the greater Minnesota transit account;new text end 102.6new text begin (3) 13 percent to the Minnesota state transportation fund; andnew text end 102.7new text begin (4) 11 percent to the highway user tax distribution fund.new text end 102.8    (1) $9,000,000 annually until January 1, 2015, and 50 percent annually thereafter to the 102.9county state-aid highway fund.new text begin (c)new text end Notwithstanding any other law to the contrary, the 102.10commissioner of transportation shallnew text begin mustnew text end allocate the funds transferred under thisnew text begin paragraph new text end 102.11new text begin (b), new text end clause new text begin (1), new text end to the counties in the metropolitan area, as defined in section 473.121, 102.12subdivision 4, excluding the counties of Hennepin and Ramsey, so that each county shall 102.13receive of such amountnew text begin receivesnew text end the percentage that its population, as defined in section 102.14477A.011 , subdivision 3, estimated or established by July 15 of the year prior to the current 102.15calendar year, bears to the total population of the counties receiving funds under this clause; 102.16andnew text begin paragraph.new text end 102.17    (2) the remainder to the greater Minnesota transit account.new text begin (d) The amount transferred new text end 102.18new text begin under paragraph (b), clause (3), must be used for the local bridge program under section new text end 102.19new text begin 174.50, subdivisions 6 to 7.new text end 102.20new text begin (e) The revenues under this subdivision do not include the revenues, including interest new text end 102.21new text begin and penalties and minus refunds, generated by the sales tax imposed under section 297A.62, new text end 102.22new text begin subdivision 1a, which must be deposited as provided under the Minnesota Constitution, new text end 102.23new text begin article XI, section 15.new text end 102.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment and new text end 102.25new text begin applies beginning with transfers recognized in fiscal year 2018.new text end 102.26    Sec. 112. Minnesota Statutes 2016, section 297A.94, is amended to read: 102.27297A.94 DEPOSIT OF REVENUES. 102.28(a) Except as provided in this section, the commissioner shall deposit the revenues, 102.29including interest and penalties, derived from the taxes imposed by this chapter in the state 102.30treasury and credit them to the general fund. 102.31(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic 102.32account in the special revenue fund if: 103.1(1) the taxes are derived from sales and use of property and services purchased for the 103.2construction and operation of an agricultural resource project; and 103.3(2) the purchase was made on or after the date on which a conditional commitment was 103.4made for a loan guaranty for the project under section 41A.04, subdivision 3. 103.5The commissioner of management and budget shall certify to the commissioner the date on 103.6which the project received the conditional commitment. The amount deposited in the loan 103.7guaranty account must be reduced by any refunds and by the costs incurred by the Department 103.8of Revenue to administer and enforce the assessment and collection of the taxes. 103.9(c) The commissioner shall deposit the revenues, including interest and penalties, derived 103.10from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, 103.11paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows: 103.12(1) first to the general obligation special tax bond debt service account in each fiscal 103.13year the amount required by section 16A.661, subdivision 3, paragraph (b); and 103.14(2) after the requirements of clause (1) have been met, the balance to the general fund. 103.15(d) new text begin Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit new text end 103.16new text begin in the state treasury the revenues collected under section 297A.64, subdivision 1, including new text end 103.17new text begin interest and penalties and minus refunds, and credit them to the highway user tax distribution new text end 103.18new text begin fund.new text end 103.19new text begin (e) new text end The commissioner shall deposit the revenues, including interest and penalties, 103.20collected under section 297A.64, subdivision 5, in the state treasury and credit them to the 103.21general fund. By July 15 of each year the commissioner shall transfer to the highway user 103.22tax distribution fund an amount equal to the excess fees collected under section 297A.64, 103.23subdivision 5 , for the previous calendar year. 103.24(e)new text begin (f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the new text end 103.25new text begin deposit of revenues under paragraph (d), the commissioner shall deposit into the state new text end 103.26new text begin treasury and credit to the highway user tax distribution fund an amount equal to the estimated new text end 103.27new text begin revenues derived from the tax rate imposed under section 297A.62, subdivision 1, on the new text end 103.28new text begin lease or rental for not more than 28 days of rental motor vehicles subject to section 297A.64. new text end 103.29new text begin The commissioner shall estimate the amount of sales tax revenue deposited under this new text end 103.30new text begin paragraph based on the amount of revenue deposited under paragraph (d).new text end 103.31new text begin (g) Starting after July 1, 2017, the commissioner shall deposit an amount of the new text end 103.32new text begin remittances monthly into the state treasury and credit them to the highway user tax new text end 103.33new text begin distribution fund as a portion of the estimated amount of taxes collected from the sale and new text end 104.1new text begin purchase of motor vehicle repair parts in that month. For the remittances between July 1, new text end 104.2new text begin 2017, and June 30, 2019, the monthly deposit amount is $6,001,000. For remittances in new text end 104.3new text begin each subsequent fiscal year, the monthly deposit amount is $17,173,000. For purposes of new text end 104.4new text begin this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11, new text end 104.5new text begin and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories, new text end 104.6new text begin and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle new text end 104.7new text begin maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor new text end 104.8new text begin vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph, new text end 104.9new text begin "tire" means any tire of the type used on highway vehicles, if wholly or partially made of new text end 104.10new text begin rubber and if marked according to federal regulations for highway use.new text end 104.11new text begin (h) new text end 72.43 percent of the revenues, including interest and penalties, transmitted to the 104.12commissioner under section 297A.65, must be deposited by the commissioner in the state 104.13treasury as follows: 104.14(1) 50 percent of the receipts must be deposited in the heritage enhancement account in 104.15the game and fish fund, and may be spent only on activities that improve, enhance, or protect 104.16fish and wildlife resources, including conservation, restoration, and enhancement of land, 104.17water, and other natural resources of the state; 104.18(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may 104.19be spent only for state parks and trails; 104.20(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may 104.21be spent only on metropolitan park and trail grants; 104.22(4) three percent of the receipts must be deposited in the natural resources fund, and 104.23may be spent only on local trail grants; and 104.24(5) two percent of the receipts must be deposited in the natural resources fund, and may 104.25be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, 104.26and the Duluth Zoo. 104.27(f)new text begin (i) new text end The revenue dedicated under paragraph (e)new text begin (h)new text end may not be used as a substitute 104.28for traditional sources of funding for the purposes specified, but the dedicated revenue shall 104.29supplement traditional sources of funding for those purposes. Land acquired with money 104.30deposited in the game and fish fund under paragraph (e)new text begin (h)new text end must be open to public hunting 104.31and fishing during the open season, except that in aquatic management areas or on lands 104.32where angling easements have been acquired, fishing may be prohibited during certain times 104.33of the year and hunting may be prohibited. At least 87 percent of the money deposited in 105.1the game and fish fund for improvement, enhancement, or protection of fish and wildlife 105.2resources under paragraph (e)new text begin (h)new text end must be allocated for field operations. 105.3(g) new text begin (j) new text end The revenues deposited under paragraphs (a) to (f)new text begin (i)new text end do not include the revenues, 105.4including interest and penalties, generated by the sales tax imposed under section 297A.62, 105.5subdivision 1a , which must be deposited as provided under the Minnesota Constitution, 105.6article XI, section 15. 105.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017.new text end 105.8    Sec. 113. Minnesota Statutes 2016, section 297A.992, is amended by adding a subdivision 105.9to read: 105.10    new text begin Subd. 10a.new text end new text begin Termination of taxes; use of remaining funds.new text end new text begin If the joint powers agreement new text end 105.11new text begin under subdivision 3 is terminated, funds received by a county in association with the new text end 105.12new text begin termination may be used for any of the purposes specified in section 297A.993, subdivision new text end 105.13new text begin 2.new text end 105.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 105.15    Sec. 114. Minnesota Statutes 2016, section 297B.01, subdivision 16, is amended to read: 105.16    Subd. 16. Sale, sells, selling, purchase, purchased, or acquired. (a) "Sale," "sells," 105.17"selling," "purchase," "purchased," or "acquired" means any transfer of title of any motor 105.18vehicle, whether absolutely or conditionally, for a consideration in money or by exchange 105.19or barter for any purpose other than resale in the regular course of business. 105.20    (b) Any motor vehicle utilized by the owner only by leasing such vehicle to others or 105.21by holding it in an effort to so lease it, and which is put to no other use by the owner other 105.22than resale after such lease or effort to lease, shall be considered property purchased for 105.23resale. 105.24    (c) The terms also shall include any transfer of title or ownership of a motor vehicle by 105.25other means, for or without consideration, except that these terms shall not include: 105.26    (1) the acquisition of a motor vehicle by inheritance from or by bequest ofnew text begin , or new text end 105.27new text begin transfer-on-death of title bynew text end , a decedent who owned it; 105.28    (2) the transfer of a motor vehicle which was previously licensed in the names of two 105.29or more joint tenants and subsequently transferred without monetary consideration to one 105.30or more of the joint tenants; 106.1    (3) the transfer of a motor vehicle by way of gift from a limited used vehicle dealer 106.2licensed under section 168.27, subdivision 4a, to an individual, when the transfer is with 106.3no monetary or other consideration or expectation of consideration and the parties to the 106.4transfer submit an affidavit to that effect at the time the title transfer is recorded; 106.5    (4) the transfer of a motor vehicle by gift between: 106.6(i) spouses; 106.7(ii) parents and a child; or 106.8(iii) grandparents and a grandchild; 106.9(5) the voluntary or involuntary transfer of a motor vehicle between a husband and wife 106.10in a divorce proceeding; or 106.11    (6) the transfer of a motor vehicle by way of a gift to an organization that is exempt from 106.12federal income taxation under section 501(c)(3) of the Internal Revenue Code when the 106.13motor vehicle will be used exclusively for religious, charitable, or educational purposes. 106.14    Sec. 115. Minnesota Statutes 2016, section 299D.03, subdivision 6, is amended to read: 106.15    Subd. 6. Training program. The commissioner of public safety may provide training 106.16programs for the purpose of obtaining qualified personnel for the State Patrol. Persons 106.17accepted by the commissioner of public safety for training under this training program shall 106.18be designated State Patrol trainees and shall receive a salary not to exceednew text begin no less thannew text end 70 106.19percent of the basic salary for patrol officers as prescribed in subdivision 2, during the period 106.20of the training. Nothing contained in this subdivision shall be construed to prevent the 106.21commissioner of public safety from providing in-service training programs for State Patrol 106.22officers. The commissioner of transportation shall furnish the commissioner of public safety 106.23with lands and buildings necessary in providing in-service training programs and the 106.24Department of Public Safety shall reimburse the Department of Transportation for all 106.25reasonable costs incurred due to the provision of these training facilities. 106.26    Sec. 116. Minnesota Statutes 2016, section 398A.10, subdivision 3, is amended to read: 106.27    Subd. 3. Application. This section only applies to a county that has imposed the 106.28metropolitan transportation sales and use tax under section 297A.992new text begin and applies whether new text end 106.29new text begin or not the tax is currently in effectnew text end . 106.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 107.1    Sec. 117. Minnesota Statutes 2016, section 398A.10, subdivision 4, is amended to read: 107.2    Subd. 4. Definition. For purposes of this section, "project" means the initial construction 107.3new text begin or extension new text end of a minimum operable segment of a new light rail transit or commuter rail 107.4line, but does not include infill stations, project enhancements, extensions, or supportive 107.5infrastructure, constructed after the rail transit is operational. 107.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 107.7    Sec. 118. Minnesota Statutes 2016, section 473.121, subdivision 2, is amended to read: 107.8    Subd. 2. Metropolitan area or area. "Metropolitan area" or "area" means the area over 107.9which the Metropolitan Council has jurisdiction, including only the counties of Anoka; 107.10Carver; Dakota excluding the citynew text begin citiesnew text end of Northfieldnew text begin and Cannon Fallsnew text end ; Hennepin excluding 107.11the cities of Hanover and Rockford; Ramsey; Scott excluding the city of New Prague; and 107.12Washington. 107.13new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end 107.14new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 107.15new text begin Scott, and Washington.new text end 107.16    Sec. 119. Minnesota Statutes 2016, section 473.123, is amended to read: 107.17473.123 METROPOLITAN COUNCIL. 107.18    Subdivision 1. Creationnew text begin ; membershipnew text end . new text begin (a) new text end A Metropolitan Council with jurisdiction 107.19in the metropolitan area is established as a public corporation and political subdivision of 107.20the state. It shall be under the supervision and control of 17new text begin 27new text end members, all of whom shallnew text begin new text end 107.21new text begin mustnew text end be residents of the metropolitan area.new text begin and appointed as follows:new text end 107.22new text begin (1) a county commissioner from each metropolitan county, appointed by the respective new text end 107.23new text begin county boards;new text end 107.24new text begin (2) a local elected official appointed from each Metropolitan Council district by the new text end 107.25new text begin municipal committee for the council district established in subdivision 2b;new text end 107.26new text begin (3) the commissioner of transportation or the commissioner's designee;new text end new text begin new text end 107.27new text begin (4) one person to represent nonmotorized transportation, appointed by the commissioner new text end 107.28new text begin of transportation;new text end 107.29new text begin (5) one person to represent freight transportation, appointed by the commissioner of new text end 107.30new text begin transportation; andnew text end 108.1new text begin (6) one person to represent public transit, appointed by the commissioner of new text end 108.2new text begin transportation.new text end 108.3new text begin (b) The local elected offices identified in paragraph (a) are compatible with the office new text end 108.4new text begin of a Metropolitan Council member.new text end 108.5new text begin (c) Notwithstanding any change to the definition of the metropolitan area in section new text end 108.6new text begin 473.121, subdivision 2, the jurisdiction of the Metropolitan Council is limited to the new text end 108.7new text begin seven-county metropolitan area.new text end 108.8    Subd. 2a. Terms. new text begin (a) new text end Following each apportionment of council districts, as provided 108.9under subdivision 3a, council members must be appointed from newly drawn districts as 108.10provided in subdivision 3a. Each council member, other than the chair, must reside in the 108.11council district represented. Each council district must be represented by one member of 108.12the council. The terms of members end with the term of the governor, except that all terms 108.13expire on the effective date of the next apportionment. A member serves at the pleasure of 108.14the governor. new text begin the municipal committee for each council district must appoint a local elected new text end 108.15new text begin official who resides in the district to serve on the Metropolitan Council for a two-year term. new text end 108.16new text begin A member's position on the Metropolitan Council becomes vacant if the member ceases to new text end 108.17new text begin be a local elected official or as provided in chapter 351, and any vacancy must be filled as new text end 108.18new text begin soon as practicable for the unexpired term in the same manner as the appointment for a new text end 108.19new text begin regular term. new text end A member shall continuenew text begin continuesnew text end to serve the member's district until a 108.20successor is appointed and qualified; except that, following each apportionment, the member 108.21shall continuenew text begin continuesnew text end to serve at large until the governor appoints 16 council members, 108.22onenew text begin municipal committee for the council district appoints a membernew text end from each of the newly 108.23drawn council districtsnew text begin districtnew text end as provided under subdivision 3a, to serve terms as provided 108.24under this section. The appointment to the council must be made by the first Monday in 108.25March of the year in which the term ends. 108.26new text begin (b) A county commissioner is appointed to the Metropolitan Council for a two-year new text end 108.27new text begin term. In addition to the provisions in chapter 351, if a member appointed under this paragraph new text end 108.28new text begin ceases to be a county commissioner, the council position becomes vacant. A vacancy must new text end 108.29new text begin be filled as soon as practicable for the unexpired term in the same manner as the appointment new text end 108.30new text begin for a regular term.new text end 108.31new text begin (c) An individual appointed by the commissioner of transportation under subdivision 1 new text end 108.32new text begin serves at the pleasure of the appointing authority.new text end 108.33    new text begin Subd. 2b.new text end new text begin Municipal committee in each council district.new text end new text begin The governing body of each new text end 108.34new text begin home rule charter or statutory city and town in each Metropolitan Council district must new text end 109.1new text begin appoint a member to serve on a municipal committee for the council district. If a city or new text end 109.2new text begin town is in more than one council district, the governing body must appoint a member to new text end 109.3new text begin serve on each council district's municipal committee. A member appointed to a council new text end 109.4new text begin district's municipal committee must reside in the council district. In addition to appointing new text end 109.5new text begin a municipal committee member to serve as a member of the Metropolitan Council as provided new text end 109.6new text begin in subdivision 2a, the municipal committee must meet at least quarterly to discuss issues new text end 109.7new text begin relating to the Metropolitan Council.new text end 109.8    Subd. 3. Membership; appointment; qualificationsnew text begin Compensationnew text end . (a) Sixteen 109.9members must be appointed by the governor from districts defined by this section. Each 109.10council member must reside in the council district represented. Each council district must 109.11be represented by one member of the council.new text begin In addition to any compensation as a local new text end 109.12new text begin elected official, the council must pay each member of the council other than the chair or new text end 109.13new text begin the commissioner of transportation, or the commissioner's designee, $20,000 per year plus new text end 109.14new text begin reimbursement of actual and necessary expenses as approved by the council. The new text end 109.15new text begin commissioner of transportation or the commissioner's designee is not eligible for new text end 109.16new text begin compensation under this subdivision but may be reimbursed for actual and necessary new text end 109.17new text begin expenses.new text end 109.18(b) In addition to the notice required by section 15.0597, subdivision 4, notice of 109.19vacancies and expiration of terms must be published in newspapers of general circulation 109.20in the metropolitan area and the appropriate districts. The governing bodies of the statutory 109.21and home rule charter cities, counties, and towns having territory in the district for which 109.22a member is to be appointed must be notified in writing. The notices must describe the 109.23appointments process and invite participation and recommendations on the appointment.new text begin new text end 109.24new text begin In addition to any compensation as a local elected official, the council must pay the chair new text end 109.25new text begin $40,000 per year plus reimbursement of actual and necessary expenses as approved by the new text end 109.26new text begin council.new text end 109.27(c) The governor shall create a nominating committee, composed of seven metropolitan 109.28citizens appointed by the governor, to nominate persons for appointment to the council from 109.29districts. Three of the committee members must be local elected officials. Following the 109.30submission of applications as provided under section 15.0597, subdivision 5, the nominating 109.31committee shall conduct public meetings, after appropriate notice, to accept statements from 109.32or on behalf of persons who have applied or been nominated for appointment and to allow 109.33consultation with and secure the advice of the public and local elected officials. The 109.34committee shall hold the meeting on each appointment in the district or in a reasonably 109.35convenient and accessible location in the part of the metropolitan area in which the district 110.1is located. The committee may consolidate meetings. Following the meetings, the committee 110.2shall submit to the governor a list of nominees for each appointment. The governor is not 110.3required to appoint from the list. 110.4(d) Before making an appointment, the governor shall consult with all members of the 110.5legislature from the council district for which the member is to be appointed. 110.6(e) Appointments to the council are subject to the advice and consent of the senate as 110.7provided in section . 110.8(f) Members of the council must be appointed to reflect fairly the various demographic, 110.9political, and other interests in the metropolitan area and the districts. 110.10(g) Members of the council must be persons knowledgeable about urban and metropolitan 110.11affairs. 110.12(h) Any vacancy in the office of a council member shall immediately be filled for the 110.13unexpired term. In filling a vacancy, the governor may forgo the requirements of paragraph 110.14(c) if the governor has made appointments in full compliance with the requirements of this 110.15subdivision within the preceding 12 months. 110.16    Subd. 3a. Redistricting. The legislature shallnew text begin mustnew text end redraw the boundaries of the council 110.17districts after each decennial federal census so that each district has substantially equal 110.18population. Redistricting is effective in the year ending in the numeral "3." Within 60 days 110.19after a redistricting plan takes effect, the governor shall new text begin municipal committees must new text end appoint 110.20members from the newly drawn districts to serve terms as provided under subdivision 2a. 110.21    Subd. 3e. District boundaries. Metropolitan Council plan MC2013-1A, on file with 110.22the Geographical Information Systems Office of the Legislative Coordinating Commission 110.23and published on its Web site on April 9, 2013, is adopted and constitutes the redistricting 110.24plan required by subdivision 3a. The boundaries of each Metropolitan Council district are 110.25as described in that plan. 110.26    Subd. 4. Chair; appointment, officers, selection; duties and compensation. (a) The 110.27chair of the Metropolitan Council shallnew text begin mustnew text end be appointed by the governor as the 17thnew text begin 28thnew text end 110.28voting member thereof by and with the advice and consent of the senate to serve at the 110.29pleasure of the governor to represent the metropolitan area at large. Senate confirmation 110.30shall be as provided by section . 110.31The chair of the Metropolitan Council shallnew text begin mustnew text end , if present, preside at meetings of the 110.32council, have the primary responsibility for meeting with local elected officials, serve as 110.33the principal legislative liaison, present to the governor and the legislature, after council 111.1approval, the council's plans for regional governance and operations, serve as the principal 111.2spokesperson of the council, and perform other duties assigned by the council or by law. 111.3(b) The Metropolitan Council shallnew text begin mustnew text end elect other officers as it deems necessary for 111.4the conduct of its affairs for a one-year term. A secretary and treasurer need not be members 111.5of the Metropolitan Council. Meeting times and places shallnew text begin mustnew text end be fixed by the 111.6Metropolitan Council and special meetings may be called by a majority of the members of 111.7the Metropolitan Council or by the chair. The chair and each Metropolitan Council member 111.8shallnew text begin must new text end be reimbursed for actual and necessary expenses. 111.9(c) Each member of the council shallnew text begin mustnew text end attend and participate in council meetings 111.10and meet regularly with local elected officials and legislative members from the council 111.11member's district. Each council member shallnew text begin mustnew text end serve on at least one division committee 111.12for transportation, environment, or community development. 111.13(d) In the performance of its duties the Metropolitan Council may adopt policies and 111.14procedures governing its operation, establish committees, and, when specifically authorized 111.15by law, make appointments to other governmental agencies and districts. 111.16    Subd. 8. General counsel. The council may appoint a general counsel to serve at the 111.17pleasure of the council. 111.18    new text begin Subd. 9.new text end new text begin Authority to vote; quorum; votes required for action.new text end new text begin (a) The members new text end 111.19new text begin appointed by the counties and municipal committees may vote on all matters before the new text end 111.20new text begin council. The commissioner of transportation or the commissioner's designee and the three new text end 111.21new text begin members appointed by the commissioner may vote only on matters in which the council is new text end 111.22new text begin acting as the metropolitan planning organization for the region as provided in section new text end 111.23new text begin 473.146.new text end 111.24new text begin (b) A quorum is a majority of the members permitted to vote on a matter.new text end 111.25new text begin (c) If a quorum is present, the council may adopt its levy only if at least 60 percent of new text end 111.26new text begin the members present vote in favor of the levy.new text end 111.27new text begin (d) If a quorum is present, the council may adopt a metropolitan system plan or plan new text end 111.28new text begin amendment only if at least 60 percent of the members present vote in favor of its adoption.new text end 111.29new text begin (e) Except as provided in paragraphs (c) and (d), if a quorum is present, the council may new text end 111.30new text begin act on a majority vote of the members present.new text end 111.31new text begin EFFECTIVE DATE; TRANSITION; APPLICATION.new text end new text begin This section is effective new text end 111.32new text begin January 1, 2019, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 111.33new text begin Scott, and Washington.new text end 112.1    Sec. 120. Minnesota Statutes 2016, section 473.146, subdivision 3, is amended to read: 112.2    Subd. 3. Development guide: transportation. The transportation chapter must include 112.3policies relating to all transportation forms and be designed to promote the legislative 112.4determinations, policies, and goals set forth in section 473.371. In addition to the 112.5requirements of subdivision 1 regarding the contents of the policy plan, the nontransit 112.6element of the transportation chapter must include the following: 112.7(1) a statement of the needs and problems of the metropolitan area with respect to the 112.8functions covered, including the present and prospective demand for and constraints on 112.9access to regional business concentrations and other major activity centers and the constraints 112.10on and acceptable levels of development and vehicular trip generation at such centers; 112.11(2) the objectives of and the policies to be forwarded by the policy plan; 112.12(3) a general description of the physical facilities and services to be developed; 112.13(4) a statement as to the general location of physical facilities and service areas; 112.14(5) a general statement of timing and priorities in the development of those physical 112.15facilities and service areas; 112.16(6) a detailed statement, updated every two years, of timing and priorities for 112.17improvements and expenditures needed on the metropolitan highway system; 112.18(7) a general statement on the level of public expenditure appropriate to the facilities; 112.19and 112.20(8) a long-range assessment of air transportation trends and factors that may affect airport 112.21development in the metropolitan area and policies and strategies that will ensure a 112.22comprehensive, coordinated, and timely investigation and evaluation of alternatives for 112.23airport development. 112.24The council shall develop the nontransit element in consultation with the transportation 112.25advisory board and the Metropolitan Airports Commission and cities having an airport 112.26located within or adjacent to its corporate boundaries. The council shall also take into 112.27consideration the airport development and operations plans and activities of the commission. 112.28The council shall transmit the results to the state Department of Transportation. 112.29new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective January 1, 2019, and new text end 112.30new text begin applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end 113.1    Sec. 121. Minnesota Statutes 2016, section 473.146, subdivision 4, is amended to read: 113.2    Subd. 4. Transportation planning. (a) The Metropolitan Council is the designated 113.3planning agency for any long-range comprehensive transportation planning required by 113.4section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation 113.5Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal 113.6transportation laws. The council shall assure administration and coordination of transportation 113.7planning with appropriate state, regional and other agencies, counties, and municipalities. 113.8(b) The council shall establish an advisory body consisting of citizens and representatives 113.9of municipalities, counties, and state agencies in fulfillment of the planning responsibilities 113.10of the council. The membership of the advisory body must consist of: 113.11(1) the commissioner of transportation or the commissioner's designee; 113.12(2) the commissioner of the Pollution Control Agency or the commissioner's designee; 113.13(3) one member of the Metropolitan Airports Commission appointed by the commission; 113.14(4) one person appointed by the council to represent nonmotorized transportation; 113.15(5) one person appointed by the commissioner of transportation to represent the freight 113.16transportation industry; 113.17(6) two persons appointed by the council to represent public transit; 113.18(7) ten elected officials of cities within the metropolitan area, including one representative 113.19from each first-class city, appointed by the Association of Metropolitan Municipalities; 113.20(8) one member of the county board of each county in the seven-county metropolitan 113.21area, appointed by the respective county boards; 113.22(9) eight citizens appointed by the council, one from each council precinct; 113.23(10) one elected official from a city participating in the replacement service program 113.24under section , appointed by the Suburban Transit Association; and 113.25(11) one member of the council, appointed by the council. 113.26(c) The council shall appoint a chair from among the members of the advisory body. 113.27new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective January 1, 2019, and new text end 113.28new text begin applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end 114.1    Sec. 122. Minnesota Statutes 2016, section 473.388, subdivision 4, is amended to read: 114.2    Subd. 4. Financial assistance. (a) The council must grant the requested financial 114.3assistance if it determines that the proposed service is intended to replace the service to the 114.4applying city or town or combination thereof by the council and that the proposed service 114.5will meet the needs of the applicant at least as efficiently and effectively as the existing 114.6service. 114.7    (b) Thenew text begin minimumnew text end amount of assistance which the council must provide to a system 114.8under this section may not be less than the sum of the amounts determinednew text begin calculatednew text end for 114.9each municipality comprising the system as follows:new text begin of the replacement service new text end 114.10new text begin municipalities.new text end 114.11new text begin (c) The minimum amount of financial assistance for each replacement service new text end 114.12new text begin municipality is calculated as:new text end 114.13    (1) new text begin an amount equal to 4.3 percent of the total state revenues generated from the taxes new text end 114.14new text begin imposed under chapter 297B for the current fiscal year; timesnew text end 114.15    new text begin (2) the ratio of (i) new text end the transit operating assistance grants received under this subdivision 114.16by the municipality in calendar year 2001 or the tax revenues for transit services levied by 114.17the municipality for taxes payable in 2001, including that portion of the levy derived from 114.18the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of the 114.19municipality's aid under Minnesota Statutes 2002, section 273.1398, subdivision 2, 114.20attributable to the transit levy; times (2) the ratio of (i) an amount equal to 3.74 percent of 114.21the state revenues generated from the taxes imposed under chapter 297B for the current 114.22fiscal year to (ii) the total transit operating assistance grants received under this subdivision 114.23in calendar year 2001 or the tax revenues for transit services levied by all replacement 114.24service municipalities under this section for taxes payable in 2001, including that portion 114.25of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause 114.26(a), plus the portion of homestead and agricultural credit aid under Minnesota Statutes 2002, 114.27section 273.1398, subdivision 2, attributable to nondebt transit levies; times 114.28    (3) the ratio of (i) the municipality's total taxable market value for taxes payable in 2006 114.29divided by the municipality's total taxable market value for taxes payable in 2001, to (ii) 114.30the total taxable market value of all property located in replacement service municipalities 114.31for taxes payable in 2006 divided by the total taxable market value of all property located 114.32in replacement service municipalities for taxes payable in 2001. 114.33    (c) The council shallnew text begin mustnew text end pay the amount to be provided to the recipient from the funds 114.34the council receives in the metropolitan area transit account under section 16A.88. 115.1new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end 115.2new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 115.3new text begin Scott, and Washington.new text end 115.4    Sec. 123. Minnesota Statutes 2016, section 473.39, is amended by adding a subdivision 115.5to read: 115.6    new text begin Subd. 6.new text end new text begin Limitation on certain debt obligations.new text end new text begin The council is prohibited from issuing new text end 115.7new text begin certificates of participation, certificates of indebtedness, bonds, or other obligations secured new text end 115.8new text begin in whole or in part by a pledge of motor vehicle sales tax revenue received under sections new text end 115.9new text begin 16A.88 and 297B.09, or by a pledge of any earnings from the council's investment of motor new text end 115.10new text begin vehicle sales tax revenues.new text end 115.11new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end 115.12new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 115.13new text begin Scott, and Washington.new text end 115.14    Sec. 124. Minnesota Statutes 2016, section 473.3994, is amended by adding a subdivision 115.15to read: 115.16    new text begin Subd. 16.new text end new text begin Project development requirements; alternatives and benefits analysis.new text end new text begin (a) new text end 115.17new text begin As part of light rail transit project development and prior to initiating an environmental new text end 115.18new text begin analysis or preliminary engineering, the responsible authority must perform an alternatives new text end 115.19new text begin and benefits analysis.new text end 115.20new text begin (b) In addition to any other information or requirements, the alternatives and benefits new text end 115.21new text begin analysis must:new text end 115.22new text begin (1) include (i) a no-build option; and (ii) options for each major transit mode, including new text end 115.23new text begin but not limited to regular route bus service, arterial bus rapid transit, highway bus rapid new text end 115.24new text begin transit, express bus service, and dedicated busway;new text end 115.25new text begin (2) evaluate capacity adequacy and congestion impacts under each option;new text end 115.26new text begin (3) include a comprehensive benefit-cost analysis; andnew text end 115.27new text begin (4) review conformity with the transportation policy plan under section 473.146.new text end 115.28new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end 115.29new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 115.30new text begin Scott, and Washington, for projects that have yet to formally enter the engineering phase new text end 115.31new text begin of the Federal Transit Administration's "New Starts" capital investment project program.new text end 116.1    Sec. 125. Minnesota Statutes 2016, section 473.4051, subdivision 2, is amended to read: 116.2    Subd. 2. Operating costs. new text begin (a) new text end After operating revenue and federal money have been 116.3used to pay for light rail transit operations, 50 percent of the remaining operating costsnew text begin for new text end 116.4new text begin a light rail transit linenew text end must be paid by the statenew text begin if:new text end 116.5new text begin (1) the light rail transit line is in revenue operations as of the effective date of this section; new text end 116.6new text begin ornew text end 116.7new text begin (2) a law is enacted on or after the effective date of this section making an appropriation new text end 116.8new text begin that (i) is from state sources, (ii) specifies the light rail transit project, and (iii) is for a portion new text end 116.9new text begin of project capital costsnew text end . 116.10new text begin (b) For a light rail transit line that does not meet the requirements in paragraph (a), all new text end 116.11new text begin operating and ongoing capital maintenance costs must be paid from nonstate sources.new text end 116.12new text begin (c) For purposes of this subdivision, a light rail transit extension that adds additional new text end 116.13new text begin stops is a separate project or light rail transit line.new text end 116.14new text begin EFFECTIVE DATE; APPLICABILITY.new text end new text begin This section is effective the day following new text end 116.15new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 116.16new text begin Scott, and Washington.new text end 116.17    Sec. 126. Minnesota Statutes 2016, section 473.857, subdivision 2, is amended to read: 116.18    Subd. 2. Within 60 days; report. A hearing shall be conducted within 60 days after the 116.19request, provided that the advisory committee or the administrative law judge shall 116.20consolidate hearings on related requests. The 60-day period within which the hearing shall 116.21be conducted may be extended or suspended by mutual agreement of the council and the 116.22local governmental unit. The hearing shall not consider the need for or reasonableness of 116.23the metropolitan system plans or parts thereof. The hearing shall afford all interested persons 116.24an opportunity to testify and present evidence. The advisory committee or administrative 116.25law judge may employ the appropriate technical and professional services of the office of 116.26dispute resolution for the purpose of evaluating disputes of fact. The proceedings shall not 116.27be deemed a contested case. Within 30 days after the hearing, the advisory committee or 116.28the administrative law judge shall report to the council respecting the proposed amendments 116.29to the system statements. The report shall contain findings of fact, conclusions, and 116.30recommendations and shall apportion the costs of the proceedings among the parties. 116.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2019, and applies in the new text end 116.32new text begin counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end 117.1    Sec. 127. new text begin MOTOR VEHICLE PARTS SALES TAXES ESTIMATION.new text end 117.2new text begin (a) By January 15, 2019, the commissioner of revenue must submit a report on state new text end 117.3new text begin general sales taxes attributable to motor vehicle repair and replacement parts to the chairs new text end 117.4new text begin and ranking minority members of the legislative committees with jurisdiction over taxes new text end 117.5new text begin and transportation policy and finance.new text end 117.6new text begin (b) The report must provide an estimate, based on federal data and department new text end 117.7new text begin consumption models, of the percentage of total sales tax revenues collected in a calendar new text end 117.8new text begin year from the tax rate imposed under Minnesota Statutes, section 297A.62, subdivision 1, new text end 117.9new text begin that is attributable to sales and purchases of motor vehicle repair and replacement parts.new text end 117.10new text begin (c) For purposes of this section, "motor vehicle repair and replacement parts" has the new text end 117.11new text begin meaning given in Minnesota Statutes, section 297A.94.new text end 117.12    Sec. 128. new text begin TRANSPORTATION PROJECT SELECTION PROCESS.new text end 117.13    new text begin Subdivision 1.new text end new text begin Adoption of policy.new text end new text begin (a) The commissioner of transportation, after new text end 117.14new text begin consultation with the Federal Highway Administration, metropolitan planning organizations, new text end 117.15new text begin regional development commissions, area transportation partnerships, local governments, new text end 117.16new text begin the Metropolitan Council, and transportation stakeholders, must develop, adopt, and new text end 117.17new text begin implement a policy for project evaluation and selection to apply to the project selection new text end 117.18new text begin process and to special program selection processes, such as corridors of commerce. The new text end 117.19new text begin commissioner must adopt and implement the policy no later than January 1, 2018, and may new text end 117.20new text begin update the policy as appropriate. The commissioner must publish the policy and updates new text end 117.21new text begin on the department's Web site and through other effective means selected by the commissioner.new text end 117.22new text begin (b) For each selection process, the policy adopted under this section must:new text end 117.23new text begin (1) establish a process that identifies criteria, the weight of each criterion, and a process new text end 117.24new text begin to score each project based on the weighted criteria; the scoring system may consider project new text end 117.25new text begin readiness as a criterion for evaluation, but project readiness must not be a major factor in new text end 117.26new text begin determining the final score;new text end 117.27new text begin (2) identify and apply all relevant criteria contained in enacted Minnesota or federal law, new text end 117.28new text begin or added by the commissioner;new text end 117.29new text begin (3) identify for stakeholders and the general public the candidate project selected under new text end 117.30new text begin each selection process and every project considered that was not selected;new text end 117.31new text begin (4) involve area transportation partnerships and other local authorities, as appropriate, new text end 117.32new text begin in the process of scoring and ranking candidate projects under consideration;new text end 118.1new text begin (5) publicize scoring and decision outcomes concerning each candidate project, including new text end 118.2new text begin the projects that were considered but not selected, and the reason each project was not new text end 118.3new text begin selected; andnew text end 118.4new text begin (6) require that the projects in the state transportation improvement program include the new text end 118.5new text begin score assigned to the project.new text end new text begin new text end 118.6new text begin (c) At a minimum, the policy adopted under this subdivision must conform with the new text end 118.7new text begin criteria for the corridors of commerce program under Minnesota Statutes, section 161.088, new text end 118.8new text begin and the transportation economic development program under Minnesota Statutes, section new text end 118.9new text begin 174.12.new text end 118.10    new text begin Subd. 2.new text end new text begin Report to legislature.new text end new text begin By March 1, 2018, the commissioner must submit a new text end 118.11new text begin report to the chairs, ranking minority members, and staff of the legislative committees with new text end 118.12new text begin jurisdiction over transportation policy and finance concerning the adopted policy and how new text end 118.13new text begin the policy is anticipated to improve the consistency, objectivity, and transparency of the new text end 118.14new text begin selection process. The report must include information on input from members of the public new text end 118.15new text begin and the organizations identified in subdivision 1. The report must also include proposed new text end 118.16new text begin legislation to codify the policy.new text end 118.17    Sec. 129. new text begin CORRIDORS OF COMMERCE PROJECT ELIGIBILITY.new text end 118.18new text begin Notwithstanding the requirements of Minnesota Statutes, section 161.088, subdivisions new text end 118.19new text begin 3 to 5, the commissioner of transportation must include that segment of marked U.S. Highway new text end 118.20new text begin 212 from Chaska to Montevideo as an eligible highway in the next project solicitation and new text end 118.21new text begin selection process undertaken for the corridors of commerce program under that section.new text end 118.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 118.23    Sec. 130. new text begin CITY OF EXCELSIOR; ELIGIBILITY FOR REPLACEMENT SERVICE.new text end 118.24new text begin Notwithstanding Minnesota Statutes, section 473.388, subdivisions 2, 3, and 4, paragraph new text end 118.25new text begin (a), the Metropolitan Council must grant financial assistance to the city of Excelsior for new text end 118.26new text begin replacement service. Financial assistance must be provided to the city of Excelsior as new text end 118.27new text begin provided under Minnesota Statutes, section 473.388, subdivision 4, paragraphs (b) and (c). new text end 118.28new text begin The city of Excelsior is eligible to receive other assistance as provided in Minnesota Statutes, new text end 118.29new text begin section 473.388, subdivision 5, and may levy a local tax as provided in Minnesota Statutes, new text end 118.30new text begin section 473.388, subdivision 7.new text end 119.1    Sec. 131. new text begin DRIVER'S LICENSE AGENT IN NEW BRIGHTON.new text end 119.2new text begin (a) The commissioner of public safety must revise the appointment of the city of New new text end 119.3new text begin Brighton as a driver's license agent to provide authority to operate as a full-service driver new text end 119.4new text begin licensing office located in New Brighton city hall. This paragraph applies notwithstanding: new text end 119.5new text begin (1) Minnesota Statutes, section 171.061, subdivision 2; (2) requirements under Minnesota new text end 119.6new text begin Rules, part 7404.0300, subpart 3; and (3) procedures for county board appointment of a new text end 119.7new text begin driver's license agent, including under Minnesota Rules, part 7404.0350. All other provisions new text end 119.8new text begin regarding the appointment and operation of a driver's license agent under Minnesota Statutes, new text end 119.9new text begin section 171.061, and Minnesota Rules, chapter 7404, apply.new text end 119.10new text begin (b) The commissioner must make the appointment under this section within two weeks new text end 119.11new text begin of receipt of an appointment application pursuant to the commissioner's procedures under new text end 119.12new text begin Minnesota Rules.new text end 119.13    Sec. 132. new text begin ELECTRONIC STORAGE STANDARDS.new text end 119.14new text begin On or before August 1, 2017, the commissioner of public safety must establish standards new text end 119.15new text begin for the conversion by deputy registrars and driver's license agents to secure electronic storage new text end 119.16new text begin of certain records under Minnesota Statutes, sections 168.33, subdivision 2, and 171.061, new text end 119.17new text begin subdivision 3. The standards must specify minimum system security requirements, as well new text end 119.18new text begin as any procedural requirements for the destruction of existing and new paper-based records, new text end 119.19new text begin consistent with the requirements of Minnesota Statutes, section 138.17. The authority to new text end 119.20new text begin establish or amend standards under this section expires August 1, 2018.new text end 119.21new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 119.22    Sec. 133. new text begin RULE CHANGE ON SCHOOL BUS OPERATION.new text end 119.23new text begin The commissioner of public safety must amend Minnesota Rules, part 7470.1000, subpart new text end 119.24new text begin 2, so that it is consistent with Minnesota Statutes, section 169.443, subdivision 2, using the new text end 119.25new text begin good cause procedure under Minnesota Statutes, section 14.388.new text end 119.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 119.27    Sec. 134. new text begin CONVEYANCE FOR HISTORICAL PURPOSES; MCKINSTRY new text end 119.28new text begin SURPLUS LANDS.new text end 119.29new text begin (a) Notwithstanding any other law to the contrary, the commissioner may convey as new text end 119.30new text begin provided in Minnesota Statutes, section 161.44, land described in paragraph (b), including new text end 119.31new text begin any improvements on the lands, owned in fee by the state for trunk highway purposes, but new text end 120.1new text begin no longer needed, to the Minnesota Historical Society for historical purposes. The conveyance new text end 120.2new text begin must be without financial consideration. The lands conveyed must become a part of the new text end 120.3new text begin state's historic sites program under Minnesota Statutes, chapter 138.new text end 120.4new text begin (b) The lands that may be conveyed are specifically related to the properties of the new text end 120.5new text begin McKinstry Mounds and portions of the McKinstry Village site owned by the Department new text end 120.6new text begin of Transportation, located along Trunk Highway 11 in Koochiching County.new text end 120.7    Sec. 135. new text begin DEPARTMENT OF TRANSPORTATION LOAN CONVERSION.new text end new text begin new text end 120.8new text begin The commissioner of transportation must (1) convert the remaining balance on Contract new text end 120.9new text begin No. 82799, originally executed with the Minnesota Valley Regional Rail Authority on new text end 120.10new text begin January 28, 2002, to a grant, and (2) cancel all future payments under the contract. The new text end 120.11new text begin commissioner is prohibited from requiring or accepting additional payments under Contract new text end 120.12new text begin No. 82799 as of the effective date of this section. Notwithstanding the loan conversion and new text end 120.13new text begin payment cancellation under this section, all other terms and conditions under Contract No. new text end 120.14new text begin 82799 remain effective for the duration of the period specified in the contract.new text end 120.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 120.16    Sec. 136. new text begin MARKED INTERSTATE HIGHWAY 35 WEIGH STATION; new text end 120.17new text begin MORATORIUM.new text end 120.18new text begin On or before February 1, 2018, the commissioner of transportation is prohibited from new text end 120.19new text begin designing, engineering, or constructing a motor vehicle weigh station for the southbound new text end 120.20new text begin direction of travel on marked Interstate Highway 35, between the marked Interstate Highways new text end 120.21new text begin 35W/35E split and two miles northerly of the split.new text end 120.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 120.23    Sec. 137. new text begin HIGHWAY CONSTRUCTION COSTS AND COST INFLATION STUDY.new text end 120.24    new text begin Subdivision 1.new text end new text begin Highway construction cost study; requirements.new text end new text begin (a) The commissioner new text end 120.25new text begin of transportation must enter into an agreement with an organization or entity having relevant new text end 120.26new text begin expertise to conduct a study on highway construction costs, inflation, and cost estimating. new text end 120.27new text begin The study must be designed to identify and analyze the nature of discrepancies in highway new text end 120.28new text begin construction costs and cost inflation estimates between Minnesota and other federal and new text end 120.29new text begin national measures.new text end 120.30new text begin (b) At a minimum, the study must:new text end 120.31new text begin (1) include an overview of highway construction cost and cost estimation issues;new text end 121.1new text begin (2) establish benchmarks to compare costs in Minnesota to at least four other states that new text end 121.2new text begin are comparable based on climate and construction characteristics, including historical new text end 121.3new text begin state-by-state review of at least the following cost factors: (i) direct input costs associated new text end 121.4new text begin with highway construction, (ii) cost impacts from construction standards and requirements new text end 121.5new text begin established in law, and (iii) cost impacts from use of alternative methods of contracting and new text end 121.6new text begin project management;new text end 121.7new text begin (3) identify factors specific to Minnesota, if any, that contribute to cost differences, new text end 121.8new text begin based on the benchmarks established in clause (2);new text end 121.9new text begin (4) evaluate the methodology used for highway construction cost calculation and indexing new text end 121.10new text begin in Minnesota, including (i) review of associated best practices, (ii) comparison of federal new text end 121.11new text begin and Minnesota state highway construction cost index methodologies utilizing historical cost new text end 121.12new text begin data for Minnesota, (iii) identification of the reasons for any past discrepancies or differences new text end 121.13new text begin between state and federal highway construction cost indexing, and (iv) analysis of the new text end 121.14new text begin historical accuracy of the Minnesota highway construction cost index compared to actual new text end 121.15new text begin costs; andnew text end 121.16new text begin (5) provide specific recommendations for road authorities and legislative changes to new text end 121.17new text begin reduce highway construction costs.new text end 121.18new text begin (c) By February 15, 2018, the commissioner must submit a report on the study to the new text end 121.19new text begin chairs, ranking minority members, and staff of the legislative committees with jurisdiction new text end 121.20new text begin over transportation policy and finance.new text end 121.21    new text begin Subd. 2.new text end new text begin Project cost comparison report.new text end new text begin By February 15, 2018, the commissioner of new text end 121.22new text begin transportation must report to the chairs, ranking minority members, and staff of the senate new text end 121.23new text begin and house of representatives committees and divisions with jurisdiction over transportation new text end 121.24new text begin policy and finance comparing the estimated cost of projects and the actual cost of projects. new text end 121.25new text begin The report must include all projects completed in whole or in part by MnDOT from July 1, new text end 121.26new text begin 2012, to July 1, 2017. For each project, the report must list the estimated cost of the project new text end 121.27new text begin prior to starting the project and the total actual cost for the project after completion. For new text end 121.28new text begin each project, if the actual cost was less than the estimated cost, the report must explain how new text end 121.29new text begin the excess funds were expended.new text end 121.30    Sec. 138. new text begin VIBRATION SUSCEPTIBILITY STUDY ON CALHOUN ISLES new text end 121.31new text begin PROPERTY.new text end 121.32new text begin (a) Within 21 days from the effective date of this act, the Metropolitan Council must new text end 121.33new text begin enter into a contract with an engineering group for the engineering group to conduct a new text end 122.1new text begin vibration susceptibility study on Calhoun Isles property, including the high-rise building, new text end 122.2new text begin townhomes, and parking ramp. The study must:new text end 122.3new text begin (1) evaluate the susceptibility of the Calhoun Isles property to vibration during new text end 122.4new text begin construction and during operations of a light rail train;new text end 122.5new text begin (2) categorize the Calhoun Isles property based on the susceptibility evaluation; andnew text end 122.6new text begin (3) address mitigation measures and operational changes required to protect the Calhoun new text end 122.7new text begin Isles property from vibratory damage.new text end 122.8    new text begin (b) The Calhoun Isles Condominium Association must select the engineering group and new text end 122.9new text begin notify the Metropolitan Council of the selection within seven days from the effective date new text end 122.10new text begin of this act. The Metropolitan Council must bear the entire cost of the study.new text end 122.11new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end 122.12new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 122.13new text begin Scott, and Washington.new text end 122.14    Sec. 139. new text begin REPORT ON DEDICATED FUND EXPENDITURES.new text end 122.15new text begin By February 15, 2018, the commissioners of transportation and public safety, in new text end 122.16new text begin consultation with the commissioner of management and budget, must jointly submit a report new text end 122.17new text begin to the members and staff of the legislative committees with jurisdiction over transportation new text end 122.18new text begin finance. The report must update the information required in the report under Laws 2015, new text end 122.19new text begin chapter 75, article 2, section 56, including a detailed list of expenditures and transfers from new text end 122.20new text begin the trunk highway fund and highway user tax distribution fund for fiscal years 2014 through new text end 122.21new text begin 2018, and information on the purpose of each expenditure.new text end 122.22    Sec. 140. new text begin ACTIVE TRANSPORTATION PROGRAM RECOMMENDATIONS.new text end 122.23new text begin (a) By October 1, 2017, the Advisory Committee on Nonmotorized Transportation under new text end 122.24new text begin Minnesota Statutes, section 174.37, must develop and submit recommendations to the new text end 122.25new text begin commissioner of transportation regarding the project evaluation and selection processes new text end 122.26new text begin under Minnesota Statutes, section 174.38, subdivision 7.new text end new text begin new text end 122.27new text begin (b) The advisory committee is encouraged to consult with representatives from the new text end 122.28new text begin Bicycle Alliance of Minnesota; Minnesota Chamber of Commerce; Metropolitan Council new text end 122.29new text begin Transportation Accessibility Advisory Committee; Minnesota Department of Transportation new text end 122.30new text begin district area transportation partnerships; organizations representing elderly populations; new text end 122.31new text begin public health organizations with experience in active transportation; the Minnesota State new text end 122.32new text begin Council on Disability and other Minnesota state councils and commissions, including the new text end 123.1new text begin Council on Asian-Pacific Minnesotans, the Minnesota Council on Latino Affairs, the Council new text end 123.2new text begin for Minnesotans of African Heritage, the Minnesota Indian Affairs Council, the Office on new text end 123.3new text begin the Economic Status of Women, and the Cultural and Ethnic Communities Leadership new text end 123.4new text begin Council; and other stakeholders with expertise in equitable active transportation.new text end 123.5new text begin (c) In its next annual report under Minnesota Statutes, section 174.37, subdivision 4, the new text end 123.6new text begin advisory committee must include a summary of the recommendations under this section new text end 123.7new text begin and submit a copy of the report to the chairs and ranking minority members of the legislative new text end 123.8new text begin committees with jurisdiction over transportation policy and finance. The report is subject new text end 123.9new text begin to Minnesota Statutes, section 3.195.new text end 123.10    Sec. 141. new text begin REPORT BY COMMISSIONER OF TRANSPORTATION ON MNPASS new text end 123.11new text begin LANES AND TOLLING.new text end 123.12new text begin (a) On or before January 2, 2018, the commissioner of transportation must report to the new text end 123.13new text begin chairs and ranking minority members of the senate and house of representatives committees new text end 123.14new text begin and divisions with jurisdiction over transportation policy and finance concerning MnPASS new text end 123.15new text begin lanes and tolling to reduce congestion and raise revenue.new text end 123.16new text begin (b) At a minimum, the report must, with respect to MnPASS lanes:new text end 123.17new text begin (1) for each lane, state the capital costs, maintenance and repair costs, and operation new text end 123.18new text begin costs;new text end new text begin new text end 123.19new text begin (2) for each lane, indicate the current condition and the projected life expectancy;new text end new text begin new text end 123.20new text begin (3) for each lane, list and explain the cost recovery ratio;new text end new text begin new text end 123.21new text begin (4) list the amounts of the deposit of revenues made each year since pursuant to Minnesota new text end 123.22new text begin Statutes, section 160.93, subdivisions 2 and 2a, including a breakdown of deposits for each new text end 123.23new text begin lane for each year the lane has been in existence;new text end 123.24new text begin (5) list the cost to participate in the MnPASS program, broken down by each year a lane new text end 123.25new text begin has been in existence;new text end 123.26new text begin (6) for each lane, list the total number of users, including a breakdown of the total number new text end 123.27new text begin of each type of user; andnew text end 123.28new text begin (7) provide an explanation of how MnPASS lane regulations are enforced.new text end new text begin new text end 123.29new text begin (c) At a minimum, the report must, with respect to tolling:new text end 123.30new text begin (1) summarize current state and federal laws that affect the use of tolling in this state;new text end 123.31new text begin (2) identify any federal pilot projects for which this state is eligible to participate;new text end 124.1new text begin (3) discuss the feasibility and cost of expanding use of tolling, the possibility of private new text end 124.2new text begin investment in toll roads, and projected costs and cost recovery in establishing, operating, new text end 124.3new text begin and maintaining toll roads;new text end 124.4new text begin (4) review tolling models and technology options;new text end 124.5new text begin (5) summarize the experience of other states that have widely implemented tolling;new text end 124.6new text begin (6) identify and evaluate the feasibility of toll implementation for specific corridors;new text end 124.7new text begin (7) project the likely range of revenues that could be generated by wider implementation new text end 124.8new text begin of tolling and identify the percentage of revenues that are projected to be paid by nonresidents new text end 124.9new text begin of the state;new text end 124.10new text begin (8) discuss options for use of tolling revenue and measures to ensure compliance with new text end 124.11new text begin laws governing operation of toll roads and use of revenues;new text end 124.12new text begin (9) recommend and discuss possible ways to reduce cost to Minnesotans, such as tax new text end 124.13new text begin deductions or credits, or types of discounts; andnew text end 124.14new text begin (10) provide recommendations for needed statutory or rule changes that would facilitate new text end 124.15new text begin wider implementation of tolling and achieve maximum revenues for the state and equity new text end 124.16new text begin for its residents.new text end 124.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 124.18    Sec. 142. new text begin REPORT BY COMMISSIONER OF TRANSPORTATION ON new text end 124.19new text begin TURNBACKS.new text end 124.20new text begin (a) By February 15, 2018, the commissioner of transportation must report to the chairs new text end 124.21new text begin and ranking minority members of the senate and house of representatives committees having new text end 124.22new text begin jurisdiction over transportation policy and finance concerning turnbacks. At a minimum, new text end 124.23new text begin the report must include:new text end 124.24new text begin (1) a current list of proposed turnback projects, including a description of each segment new text end 124.25new text begin of highway that is to be turned back; a description of the restoration work to be completed; new text end 124.26new text begin estimated cost of restoration work; to which entity the highway will be turned back; and new text end 124.27new text begin the total estimated cost related to all aspects of the turnback;new text end 124.28new text begin (2) the amount that the commissioner of transportation anticipates will be needed for new text end 124.29new text begin turnbacks during the next two fiscal years and a list of the turnbacks that will be accomplished new text end 124.30new text begin with the anticipated funds;new text end 125.1new text begin (3) a description of the turnback process, including an explanation of how turnback new text end 125.2new text begin projects are selected; andnew text end new text begin new text end 125.3new text begin (4) for each of the past five years:new text end 125.4new text begin (i) the amount of money that accrued to the county turnback account and to the municipal new text end 125.5new text begin turnback account;new text end 125.6new text begin (ii) a description of each segment of highway that was restored and turned back, including new text end 125.7new text begin what restoration work was completed; total cost of restoration work; to which entity the new text end 125.8new text begin highway was turned back; and the total cost related to all aspects of the turnback;new text end new text begin new text end 125.9new text begin (iii) the amount of surplus funds, if any, that were transferred to the county state-aid new text end 125.10new text begin highway fund or to the municipal state-aid street fund pursuant to Minnesota Statutes, section new text end 125.11new text begin 161.084; andnew text end 125.12new text begin (iv) each payment made to a local government for future restoration after the road is new text end 125.13new text begin turned back, a description of the work to be completed with the funds, and a schedule new text end 125.14new text begin detailing when the work was completed or will be completed.new text end 125.15new text begin (b) By February 15, 2019, and each year thereafter, the commissioner of transportation new text end 125.16new text begin must report to the chairs and ranking minority members of the senate and house of new text end 125.17new text begin representatives committees having jurisdiction over transportation policy and finance new text end 125.18new text begin concerning turnbacks. At a minimum, the report must include:new text end 125.19new text begin (1) a current list of proposed turnback projects, including a description of each segment new text end 125.20new text begin of highway that is to be turned back; a description of the restoration work to be completed; new text end 125.21new text begin estimated cost of restoration work; to which entity the highway will be turned back; and new text end 125.22new text begin the total estimated cost related to all aspects of the turnback;new text end 125.23new text begin (2) the amount that the commissioner of transportation anticipates will be needed for new text end 125.24new text begin turnbacks during the next two fiscal years and a list of the turnbacks that will be accomplished new text end 125.25new text begin with the anticipated funds; andnew text end 125.26new text begin (3) for the past calendar year, a description of each segment of highway that was restored new text end 125.27new text begin and turned back, including what restoration work was completed; total cost of restoration new text end 125.28new text begin work; to which entity the highway was turned back; and the total cost related to all aspects new text end 125.29new text begin of the turnback.new text end 125.30new text begin (c) Paragraph (b) expires after the report is submitted on February 15, 2019.new text end 125.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 126.1    Sec. 143. new text begin WORKING GROUP FOR INTERSECTION IN WILKIN COUNTY; new text end 126.2new text begin REPORT.new text end 126.3new text begin (a) By September 1, 2017, the commissioner of transportation must convene a working new text end 126.4new text begin group to consider potential options for Wilkin County Road 19 between marked Trunk new text end 126.5new text begin Highway 55 and the railroad tracks north of marked Trunk Highway 55. The working group new text end 126.6new text begin must consist of the commissioner, or designee, and one representative from each of the new text end 126.7new text begin following: Minn-Dak Farmers Cooperative; the Wilkin County Board; the town board of new text end 126.8new text begin Champion; and the city council of Nashua. By December 15, 2017, the working group must new text end 126.9new text begin identify project options to address safety concerns of local residents at this location. For new text end 126.10new text begin each identified project, the commissioner must include an estimated cost and the estimated new text end 126.11new text begin date by which the project would be completed. The working group must then identify a new text end 126.12new text begin preferred option. Based on that preferred option, the responsible parties must develop funding new text end 126.13new text begin strategies and a delivery schedule with the goal that the project be completed by December new text end 126.14new text begin 31, 2019.new text end 126.15new text begin (b) By January 1, 2018, the commissioner must report to the chairs, ranking minority new text end 126.16new text begin members, and staff of the senate and house of representatives committees or divisions with new text end 126.17new text begin jurisdiction over transportation policy and finance. The report must, at a minimum, include: new text end 126.18new text begin a summary of the meetings held by the working group; the project options identified and new text end 126.19new text begin the commissioner estimates associated with each option; and, if identified, the preferred new text end 126.20new text begin option and the funding and delivery schedule for that option.new text end 126.21    Sec. 144. new text begin METRO MOBILITY ENHANCEMENT TASK FORCE.new text end 126.22    new text begin Subdivision 1.new text end new text begin Task force established.new text end new text begin A Metro Mobility Enhancement Task Force is new text end 126.23new text begin established to examine options to enhance Metro Mobility program service under Minnesota new text end 126.24new text begin Statutes, section 473.386. The goal of the task force is to partner with taxi services and new text end 126.25new text begin transportation network companies, as defined in Minnesota Statutes, section 65B.472, new text end 126.26new text begin subdivision 1, paragraph (e), to increase program service levels and efficiency.new text end 126.27    new text begin Subd. 2.new text end new text begin Membership.new text end new text begin (a) The task force consists of the following members:new text end 126.28new text begin (1) one representative from Metro Mobility, appointed by the Metropolitan Council;new text end 126.29new text begin (2) one elected official from each metropolitan county, as defined in Minnesota Statutes, new text end 126.30new text begin section 473.121, subdivision 4, each of whom must be from a district or unit of government new text end 126.31new text begin that is located within the Metro Mobility service area, appointed by the respective county new text end 126.32new text begin board in consultation with cities in that county;new text end 127.1new text begin (3) at least one and no more than three individuals representing transportation network new text end 127.2new text begin companies, as defined in Minnesota Statutes, section 65B.472, subdivision 1, appointed as new text end 127.3new text begin provided under paragraph (b);new text end 127.4new text begin (4) at least one and no more than three individuals representing taxi service providers, new text end 127.5new text begin appointed as provided in paragraph (c);new text end 127.6new text begin (5) one representative appointed by the Transportation Accessibility Advisory Committee new text end 127.7new text begin established under Minnesota Statutes, section 473.375, subdivision 9a;new text end 127.8new text begin (6) one representative appointed by the Council on Disability;new text end 127.9new text begin (7) one individual appointed by the Association of Residential Resources of Minnesota; new text end 127.10new text begin andnew text end 127.11new text begin (8) one individual appointed by the Center for Transportation Studies at the University new text end 127.12new text begin of Minnesota.new text end 127.13new text begin (b) An interested transportation network company may appoint no more than one person new text end 127.14new text begin as a task force member. Appointment under this paragraph is on a first-come, first-appointed new text end 127.15new text begin basis by written notification to the Metropolitan Council.new text end 127.16new text begin (c) An interested taxi service provider may appoint no more than one person as a task new text end 127.17new text begin force member. Appointment under this paragraph is on a first-come, first-appointed basis new text end 127.18new text begin by written notification to the Metropolitan Council.new text end 127.19new text begin (d) The task force members specified under paragraph (a), clauses (1), (3), and (4), are new text end 127.20new text begin nonvoting members of the task force.new text end 127.21    new text begin Subd. 3.new text end new text begin Task force duties.new text end new text begin (a) The task force must evaluate the Metro Mobility program, new text end 127.22new text begin which must include but is not limited to analysis of customer service, program costs and new text end 127.23new text begin expenditures, service coverage area and hours, reservation and scheduling, and buses and new text end 127.24new text begin equipment.new text end 127.25new text begin (b) The task force must analyze approaches to improve Metro Mobility program service new text end 127.26new text begin by using partnerships with transportation network companies. At a minimum, the analysis new text end 127.27new text begin must consider:new text end 127.28new text begin (1) geographic service areas of transportation network companies;new text end 127.29new text begin (2) demand responsiveness and service levels of transportation network companies;new text end 127.30new text begin (3) the share of trips in which specially equipped vehicles that comply with the Americans new text end 127.31new text begin with Disabilities Act are necessary;new text end 128.1new text begin (4) technology accessibility for Metro Mobility customers;new text end 128.2new text begin (5) liability considerations; andnew text end 128.3new text begin (6) integration of billing systems of transportation network companies with current Metro new text end 128.4new text begin Mobility fare collection.new text end 128.5new text begin (c) The task force must analyze approaches to improve Metro Mobility program service new text end 128.6new text begin by incorporating the use of taxi service. At a minimum, the analysis must consider:new text end 128.7new text begin (1) availability of taxi service throughout the Metro Mobility service area;new text end 128.8new text begin (2) demand responsiveness and service levels of taxi services;new text end 128.9new text begin (3) the share of trips in which specially equipped vehicles that comply with the Americans new text end 128.10new text begin with Disabilities Act are necessary;new text end 128.11new text begin (4) technology accessibility for Metro Mobility customers;new text end 128.12new text begin (5) liability considerations;new text end 128.13new text begin (6) options for contracting with taxi providers or other methods of billing for taxi rides; new text end 128.14new text begin andnew text end 128.15new text begin (7) the potential to use taxi service to provide an enhanced service option where riders new text end 128.16new text begin pay a higher fare than other users of Metro Mobility Services.new text end 128.17new text begin (d) The task force must review proposals and models for incorporating transportation new text end 128.18new text begin network companies and taxi service providers into transit systems in other service areas.new text end 128.19    new text begin Subd. 4.new text end new text begin Administration.new text end new text begin (a) Each appointing entity under subdivision 2 must make new text end 128.20new text begin appointments and notify the Metropolitan Council by August 1, 2017.new text end 128.21new text begin (b) The Metropolitan Council representative appointed to the task force must convene new text end 128.22new text begin the initial meeting of the task force no later than September 1, 2017. At the initial meeting, new text end 128.23new text begin the members of the task force must elect a chair or cochairs from among the task force new text end 128.24new text begin members.new text end 128.25new text begin (c) Upon request of the task force, the council must use existing resources to provide new text end 128.26new text begin data, information, meeting space, and administrative services.new text end 128.27new text begin (d) Members of the task force serve without compensation or payment of expenses.new text end 128.28new text begin (e) The task force may accept gifts and grants, which are accepted on behalf of the state new text end 128.29new text begin and constitute donations to the Metropolitan Council. Funds received under this paragraph new text end 128.30new text begin are appropriated to the Metropolitan Council for purposes of the task force.new text end 129.1    new text begin Subd. 5.new text end new text begin Legislative report.new text end new text begin (a) By February 15, 2018, the task force must submit a new text end 129.2new text begin report to the chairs and ranking minority members of the legislative committees with new text end 129.3new text begin jurisdiction over transportation policy and finance.new text end 129.4new text begin (b) At a minimum the report must:new text end 129.5new text begin (1) summarize the work of the task force and its findings;new text end 129.6new text begin (2) describe the current Metro Mobility program;new text end 129.7new text begin (3) identify at least three potential service level approaches that involve partnering with new text end 129.8new text begin and incorporating transportation network companies, taxi service providers, or both; andnew text end 129.9new text begin (4) provide any recommendations for program and legislative changes.new text end 129.10    new text begin Subd. 6.new text end new text begin Expiration.new text end new text begin The task force under this section expires February 15, 2018, or new text end 129.11new text begin upon submission of the report required under subdivision 5, whichever is earlier.new text end 129.12    Sec. 145. new text begin LEGISLATIVE ROUTE NO. 123 REMOVED.new text end 129.13new text begin (a) Minnesota Statutes, section 161.115, subdivision 54, is repealed effective the day new text end 129.14new text begin after the commissioner of transportation receives a copy of the agreement between the new text end 129.15new text begin commissioner and the governing body of Le Sueur County to transfer jurisdiction of new text end 129.16new text begin Legislative Route No. 123 and after the commissioner notifies the revisor of statutes under new text end 129.17new text begin paragraph (b).new text end 129.18new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota new text end 129.19new text begin Statutes when the commissioner of transportation sends notice to the revisor electronically new text end 129.20new text begin or in writing that the conditions required to transfer the route have been satisfied.new text end 129.21    Sec. 146. new text begin LEGISLATIVE ROUTE NO. 225 REMOVED.new text end 129.22new text begin (a) Minnesota Statutes, section 161.115, subdivision 156, is repealed effective the day new text end 129.23new text begin after the commissioner of transportation receives a copy of the agreement between the new text end 129.24new text begin commissioner and the governing body of Becker County to transfer jurisdiction of Legislative new text end 129.25new text begin Route No. 225 and after the commissioner notifies the revisor of statutes under paragraph new text end 129.26new text begin (b).new text end 129.27new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota new text end 129.28new text begin Statutes when the commissioner of transportation sends notice to the revisor electronically new text end 129.29new text begin or in writing that the conditions required to transfer the route have been satisfied.new text end 130.1    Sec. 147. new text begin REVISOR'S INSTRUCTION.new text end 130.2new text begin The revisor of statutes shall recodify Minnesota Statutes, section 174.93, as Minnesota new text end 130.3new text begin Statutes, section 473.4485. The revisor shall correct any cross-references made necessary new text end 130.4new text begin by the recodification.new text end 130.5    Sec. 148. new text begin REPEALER.new text end 130.6new text begin (a)new text end new text begin Minnesota Statutes 2016, sections 160.262, subdivision 2; 160.265; and 160.266, new text end 130.7new text begin subdivisions 1 and 2,new text end new text begin are repealed.new text end 130.8new text begin (b)new text end new text begin Minnesota Statutes 2016, section 161.115, subdivision 32,new text end new text begin is repealed.new text end 130.9new text begin (c)new text end new text begin Minnesota Statutes 2016, sections 165.15, subdivision 8; and 219.375, subdivision new text end 130.10new text begin 4,new text end new text begin are repealed.new text end 130.11new text begin (d)new text end new text begin Minnesota Statutes 2016, section 169.4502, subdivision 5,new text end new text begin is repealed.new text end 130.12new text begin (e)new text end new text begin Minnesota Rules, parts 8810.0800, subpart 3; and 8810.1300, subpart 4,new text end new text begin are repealed.new text end 130.13new text begin (f)new text end new text begin Minnesota Rules, parts 8810.6000; 8810.6100; 8810.6300; 8810.6400; 8810.6500; new text end 130.14new text begin 8810.6600; 8810.6700; 8810.6800; 8810.6900; 8810.7000; 8810.9910; 8810.9911; new text end 130.15new text begin 8810.9912; and 8810.9913,new text end new text begin are repealed.new text end 130.16new text begin (g)new text end new text begin Laws 1994, chapter 628, article 1, section 8, new text end new text begin is repealed.new text end 130.17new text begin EFFECTIVE DATE.new text end new text begin Paragraph (g) is effective January 1, 2019, and applies in the new text end 130.18new text begin counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.new text end " 130.19Delete the title and insert: 130.20"A bill for an act 130.21relating to transportation finance; establishing a budget for transportation; 130.22appropriating money for transportation purposes, including Department of 130.23Transportation, Metropolitan Council, and Department of Public Safety activities; 130.24modifying various provisions governing transportation policy and finance; 130.25allocating certain sales and use tax revenue; establishing accounts; requiring reports; 130.26making technical changes; authorizing sale and issuance of state bonds;amending 130.27Minnesota Statutes 2016, sections 15A.0815, subdivision 3; 53C.01, subdivision 130.282; 85.016; 116.03, by adding a subdivision; 117.189; 160.02, subdivision 27, by 130.29adding subdivisions; 160.18, by adding a subdivision; 160.262, subdivisions 1, 3, 130.304; 160.266, subdivisions 3, 4, 5, by adding subdivisions; 161.04, subdivision 5; 130.31161.081, subdivision 3; 161.088, subdivisions 4, 5, 7; 161.115, subdivision 190; 130.32161.14, by adding subdivisions; 161.21, subdivision 1; 161.321, subdivision 6; 130.33161.38, by adding a subdivision; 161.44, subdivisions 5, 6a, by adding a 130.34subdivision; 168.013, subdivision 1a, by adding a subdivision; 168.021, 130.35subdivisions 1, 2, 2a; 168.27, by adding a subdivision; 168.33, subdivision 2; 130.36168A.09, subdivision 1; 168A.141; 168A.142; 169.011, subdivision 34, by adding 130.37a subdivision; 169.14, by adding a subdivision; 169.18, subdivisions 5, 7; 169.345, 130.38subdivisions 1, 3; 169.442, subdivision 5; 169.443, subdivision 2; 169.444, 130.39subdivision 2; 169.449, subdivision 1; 169.4501, subdivisions 1, 2; 169.4503, 131.1subdivisions 4, 7, 14, 23, 30; 169.64, subdivision 8; 169.80, subdivision 1; 169.829, 131.2by adding a subdivision; 169.865, subdivision 3; 169.871, subdivision 1; 171.02, 131.3subdivision 2b; 171.06, subdivision 2a; 171.061, subdivision 3; 171.12, subdivision 131.46; 173.02, subdivisions 18, 23, by adding subdivisions; 173.06, subdivision 1; 131.5173.07, subdivision 1; 173.08, by adding subdivisions; 173.13, subdivision 11; 131.6173.16, by adding subdivisions; 174.03, subdivisions 1a, 1c; 174.50, subdivisions 131.75, 6b, 6c, 7; 174.56, by adding a subdivision; 174.93; 221.031, by adding a 131.8subdivision; 222.49; 222.50, subdivision 6; 256B.15, subdivision 1a; 297A.815, 131.9subdivision 3; 297A.94; 297A.992, by adding a subdivision; 297B.01, subdivision 131.1016; 299D.03, subdivision 6; 398A.10, subdivisions 3, 4; 473.121, subdivision 2; 131.11473.123; 473.146, subdivisions 3, 4; 473.388, subdivision 4; 473.39, by adding a 131.12subdivision; 473.3994, by adding a subdivision; 473.4051, subdivision 2; 473.857, 131.13subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 160; 131.14168; 168A; 169; 173; 174; 219; repealing Minnesota Statutes 2016, sections 131.15160.262, subdivision 2; 160.265; 160.266, subdivisions 1, 2; 161.115, subdivision 131.1632; 165.15, subdivision 8; 169.4502, subdivision 5; 219.375, subdivision 4; Laws 131.171994, chapter 628, article 1, section 8; Minnesota Rules, parts 8810.0800, subpart 131.183; 8810.1300, subpart 4; 8810.6000; 8810.6100; 8810.6300; 8810.6400; 8810.6500; 131.198810.6600; 8810.6700; 8810.6800; 8810.6900; 8810.7000; 8810.9910; 8810.9911; 131.208810.9912; 8810.9913." 132.1 We request the adoption of this report and repassage of the bill. 132.2 House Conferees: 132.3 ..... ..... 132.4 Paul Torkelson Linda Runbeck 132.5 ..... ..... 132.6 John Petersburg Jon Koznick 132.7 ..... 132.8 Jeff Howe 132.9 Senate Conferees: 132.10 ..... ..... 132.11 Scott J. Newman John Jasinski 132.12 ..... ..... 132.13 Mary Kiffmeyer David J. Osmek 132.14 ..... 132.15 Dan Sparks