Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 19-H.F.No. 5
An act relating to appropriations; appropriating money
for transportation, public safety, and other purposes;
authorizing issuance of state bonds; modifying
provisions relating to contract awards, land
appraisal, archaeological or historic sites,
high-occupancy vehicle lanes, highways and highway
rest areas, town roads and easements, county highways
and cartways, streets, other transportation corridors,
major transportation projects commission,
responsibilities of the department of transportation,
transit, forecasts of highway-related revenues and
expenditures, motor carriers, a land exchange, and
other transportation-related activities; providing for
fees, surcharges, funds and accounts, transfers,
allocations, and expenditures; modifying provisions
regulating special mobile equipment, special vehicle
license plates, speed limits and other traffic
regulations, vehicle weight limits and other vehicle
regulations, vehicle insurance requirements, small
school buses, drivers' licenses, capitol complex
towing policy, public safety officer benefit funds,
liquor, and other activities related to public safety;
authorizing administrative powers, penalties, and
remedies for public safety purposes; providing for
petroleum inspection cost recovery; repealing certain
rules governing design standards of driveways next to
highways, motor carriers, aeronautics, and the right
of first refusal to certain railroad land; requiring
studies and reports; making technical and clarifying
changes; amending Minnesota Statutes 2002, sections
13.44, subdivision 3; 16A.88, subdivision 1; 117.232,
subdivision 1; 138.40, subdivisions 2, 3; 161.08;
161.20, subdivision 3; 162.02, subdivisions 1, 2, 4;
162.09, subdivision 1; 163.07, subdivision 2; 163.11,
by adding subdivisions; 164.12; 168.011, subdivision
22; 168.013, subdivision 3; 168.12, subdivisions 2e,
5; 168.54, subdivision 4; 168A.29, subdivision 1;
169.14, subdivision 5a; 169.448, subdivision 1;
169.791, subdivision 1; 169.796, by adding a
subdivision; 169.797, subdivision 4a; 169.798,
subdivision 1, by adding a subdivision; 169.826,
subdivision 1, by adding a subdivision; 169.85,
subdivision 2; 169.86, subdivision 5; 171.02,
subdivision 2a; 171.20, subdivision 4; 171.29,
subdivision 2; 174.03, by adding a subdivision;
174.24, subdivisions 1, 3b, 5; 174.55, subdivision 2;
174.64, subdivision 4; 239.101, by adding a
subdivision; 275.71, subdivision 5; 297B.09,
subdivision 1; 299A.465, subdivision 4; 299E.01, by
adding a subdivision; 299E.03, subdivision 3;
340A.403, by adding a subdivision; 340A.414, by adding
a subdivision; 340A.504, by adding a subdivision; Laws
1999, chapter 238, article 1, section 2, subdivision
2; Laws 2000, chapter 433, section 4; Laws 2001,
chapter 97, section 5; Laws 2001, First Special
Session chapter 8, article 1, section 2, subdivision
2; 2003 H.F. No. 719, section 30, if enacted;
proposing coding for new law in Minnesota Statutes,
chapters 117; 160; 161; 168; 299A; 331A; 414;
repealing Minnesota Statutes 2002, sections 162.09,
subdivision 5; 169.794; 169.799; 174.025; 174.031;
174.242; 221.165; 221.54; 221.55; Minnesota Rules,
parts 7403.1300; 7413.0400; 7413.0500; 7800.0100,
subparts 1, 3, 5; 7800.0500; 7800.0700; 7800.1400;
7800.1500; 7800.1600; 7800.1700; 7800.3100; 7800.3900;
7800.4810; 7805.0800; 8800.0100, subparts 7, 36;
8800.1200, subpart 3; 8800.3500; 8800.3700; 8800.4000;
8810.4200; 8810.4500; 8810.4600; 8810.4700; 8810.4800;
8810.4900; 8810.5000; 8810.5100; 8810.5500; 8810.9920;
8810.9921; 8850.6900, subparts 4, 6, 11, 12, 17;
8850.7000; 8850.7025; 8850.7040; 8850.7100; 8850.7900;
8850.8200; 8850.8900; 8850.9000; 8850.9050, subparts
1, 2; 8900.0100; 8900.0200; 8900.0300; 8900.0400;
8900.0500; 8900.0600; 8900.0700; 8900.0800; 8900.0900;
8900.1000; 8900.1100; 8910.1000; 8910.2000; 8910.2100;
8910.3000; 8910.3100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
TRANSPORTATION AND OTHER AGENCIES
Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2004" and "2005," where used in this article, mean
that the appropriations listed under them are available for the
year ending June 30, 2004, or June 30, 2005, respectively. If
the figures are not used, the appropriations are available for
the year ending June 30, 2004, or June 30, 2005, respectively.
The term "first year" means the year ending June 30, 2004, and
the term "second year" means the year ending June 30, 2005.
SUMMARY BY FUND
2004 2005 TOTAL
General $ 80,036,000 $ 81,142,000 $ 161,178,000
Airports 19,458,000 19,458,000 38,916,000
C.S.A.H. 426,020,000 433,631,000 859,651,000
M.S.A.S. 112,290,000 114,661,000 226,951,000
Special Revenue 1,144,000 1,144,000 2,288,000
Highway User 12,336,000 12,336,000 24,672,000
Trunk Highway 1,205,907,000 1,272,051,000 2,477,958,000
Petroleum Tank Release
Cleanup Fund 527,000 -0- 527,000
TOTAL $1,857,191,000 $1,934,423,000 $3,791,614,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $1,681,512,000 $1,757,479,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
2004 2005
General 16,220,000 16,221,000
Airports 19,408,000 19,408,000
C.S.A.H. 426,020,000 433,631,000
M.S.A.S. 112,290,000 114,661,000
Trunk Highway 1,107,574,000 1,173,558,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Multimodal Systems 41,548,000 41,549,000
Summary by Fund
Airports 19,383,000 19,383,000
General 16,155,000 16,156,000
Trunk Highway 6,010,000 6,010,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Aeronautics
20,395,000 20,395,000
Summary by Fund
Airports 19,383,000 19,383,000
Trunk Highway 1,012,000 1,012,000
Except as otherwise provided, the
appropriations in this subdivision are
from the state airports fund.
(1) Airport Development
and Assistance
14,298,000 14,298,000
These appropriations must be spent
according to Minnesota Statutes,
section 360.305, subdivision 4.
Notwithstanding Minnesota Statutes,
section 16A.28, subdivision 6, funds
are available for five years after
appropriation.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Of this appropriation $750,000 each
year is for the long-range radar
facility in Alexandria. This
appropriation is contingent on a
partnership with the federal aviation
administration for this project.
$100,000 in each fiscal year must be
used for hangar construction for the
civil air patrol at the South St. Paul
airport.
(2) Aviation Support and Services
6,097,000 6,097,000
Summary by Fund
Airports 5,085,000 5,085,000
Trunk Highway 1,012,000 1,012,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
(b) Transit
15,957,000 15,958,000
Summary by Fund
General 15,809,000 15,810,000
Trunk Highway 148,000 148,000
The general fund budget base for this
activity is $15,810,000 in each year of
the 2006-2007 biennium.
The commissioner shall provide funding
up to $350,000 for the operation of the
Northstar commuter coach from October
1, 2003, to September 30, 2004, using
accumulated fare revenue, if a local
government unit or the Northstar
Corridor Development Authority:
(1) agrees to operate the service
beginning October 1, 2003; and
(2) provides the local match for
federal funding for the service.
(c) Freight
1,569,000 1,569,000
Summary by Fund
General 220,000 220,000
Trunk Highway 1,349,000 1,349,000
Notwithstanding Minnesota Statutes,
section 222.49, after July 1, 2003, and
before June 30, 2004, the commissioner
of finance shall transfer $3,200,000
from the rail service improvement
account in the special revenue fund to
the debt service fund.
Notwithstanding Minnesota Statutes,
section 222.49, after July 1, 2004, and
before June 30, 2005, the commissioner
of finance shall transfer $3,200,000
from the rail service improvement
account in the special revenue fund to
the debt service fund.
(d) Commercial Vehicles
3,627,000 3,627,000
Summary by Fund
General 126,000 126,000
Trunk Highway 3,501,000 3,501,000
Subd. 3. State Roads 1,045,224,000 1,115,658,000
Summary by Fund
General 9,000 9,000
Trunk Highway 1,045,215,000 1,115,649,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Infrastructure Investment and Planning
836,593,000 907,027,000
$266,000 the first year and $266,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
$600,000 the first year and $600,000
the second year are available for
grants for transportation studies
outside the metropolitan area to
identify critical concerns, problems,
and issues. These grants are available
(1) to regional development
commissions, and (2) in regions where
no regional development commission is
functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the
region to exercise the planning
functions of a regional development
commission, and (3) in regions where no
regional development commission or
joint powers board is functioning, to
the department's district office for
that region.
(1) State Road Construction
636,957,000 685,450,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
325,000,000 375,000,000
Highway User Taxes
311,957,000 310,450,000
The commissioner of transportation
shall notify the chair of the
transportation budget division of the
senate and the chair of the
transportation finance committee of the
house of representatives of any
significant events that should cause
these estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways including
consultant usage to support these
activities. This includes the cost of
actual payment to landowners for lands
acquired for highway rights-of-way,
payment to lessees, interest subsidies,
and relocation expenses.
The commissioner may transfer up to
$15,000,000 each year to the
transportation revolving loan fund.
$330,000 the first year is for
operating costs of bus service to
mitigate traffic impacts of the
construction project involving I-494,
the Wakota bridge, and trunk highway 61.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts
are appropriated to the commissioner
for these projects.
(2) Highway Debt Service
40,149,000 60,583,000
$33,640,000 the first year and
$54,012,000 the second year are for
transfer to the state bond fund. If
this appropriation is insufficient to
make all transfers required in the year
for which it is made, the commissioner
of finance shall notify the committee
on state government finance of the
senate and the committee on ways and
means of the house of representatives
of the amount of the deficiency and
shall then transfer that amount under
the statutory open appropriation. Any
excess appropriation cancels to the
trunk highway fund.
(b) Infrastructure Operations
and Maintenance
203,641,000 203,641,000
(c) Electronic Communications
4,990,000 4,990,000
Summary by Fund
General 9,000 9,000
Trunk Highway 4,981,000 4,981,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
Subd. 4. Local Roads 538,310,000 548,292,000
Summary by Fund
C.S.A.H. 426,020,000 433,631,000
M.S.A.S. 112,290,000 114,661,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
426,020,000 433,631,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
112,290,000 114,661,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the chair of the transportation
finance committee of the house of
representatives and the chair of the
transportation budget division of the
senate of the amount of the remainder
and shall then add that amount to the
appropriation. The amount added is
appropriated for the purposes of county
state aids or municipal state aids, as
appropriate.
Subd. 5. General Support
and Services 56,430,000 51,980,000
Summary by Fund
General 56,000 56,000
Airports 25,000 25,000
Trunk Highway 56,349,000 51,899,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Department Support
38,653,000 38,653,000
Summary by Fund
Airports 25,000 25,000
Trunk Highway 38,628,000 38,628,000
(b) Buildings
17,777,000 13,327,000
Summary by Fund
General 56,000 56,000
Trunk Highway 17,721,000 13,271,000
In fiscal year 2004, $4,450,000 of this
appropriation is to design, construct,
furnish, and equip a building in
Pennington county for the joint use of
the county of Pennington and
departments of transportation, public
safety, and natural resources for
vehicle maintenance and vehicle
storage. This appropriation remains
available and does not lapse.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 6. Transfers
(a) With the approval of the
commissioner of finance, the
commissioner of transportation may
transfer unencumbered balances among
the appropriations from the trunk
highway fund and the state airports
fund made in this section. No transfer
may be made from the appropriation for
state road construction. No transfer
may be made from the appropriations for
debt service to any other appropriation.
Transfers under this paragraph may not
be made between funds. Transfers
between programs must be reported
immediately to the chair of the
transportation budget division of the
senate and the chair of the
transportation finance committee of the
house of representatives.
(b) The commissioner of finance shall
transfer from the flexible account in
the county state-aid highway fund
$14,400,000 the first year and
$8,300,000 the second year to the
municipal turnback account in the
municipal state-aid street fund, and
the remainder in each year to the
county turnback account in the county
state-aid highway fund.
Subd. 7. Use of State Road
Construction Appropriations
Any money appropriated to the
commissioner of transportation for
state road construction for any fiscal
year before fiscal year 2004 is
available to the commissioner during
fiscal years 2004 and 2005 to the
extent that the commissioner spends the
money on the state road construction
project for which the money was
originally encumbered during the fiscal
year for which it was appropriated.
The commissioner of transportation
shall report to the commissioner of
finance by August 1, 2003, and August
1, 2004, on a form the commissioner of
finance provides, on expenditures made
during the previous fiscal year that
are authorized by this subdivision.
Subd. 8. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
review by the legislative advisory
commission under Minnesota Statutes,
section 3.30, may transfer all or part
of the unappropriated balance in the
trunk highway fund to an appropriation
(1) for trunk highway design,
construction, or inspection in order to
take advantage of an unanticipated
receipt of income to the trunk highway
fund or to take advantage of Federal
Advanced Construction funding, (2) for
trunk highway maintenance in order to
meet an emergency, or (3) to pay tort
or environmental claims. Any transfer
as a result of the use of Federal
Advanced Construction funding must
include an analysis of the effects on
the long-term trunk highway fund
balance. The amount transferred is
appropriated for the purpose of the
account to which it is transferred.
Subd. 9. Budget Base Reduction Report
By December 15, 2003, and December 15,
2004, the commissioner of
transportation shall report to the
chairs of the senate and house of
representatives committees with
jurisdiction over transportation policy
and finance regarding the distribution
and impacts of the base budget
reductions. The report must include a
description and enumeration of program
activities with reduced spending levels
and the impacts on the department's
performance measures. The report must
identify the total number of positions
that were reduced or eliminated through
attrition or layoffs, the number of
positions reduced or eliminated in each
of the bargaining units represented
within the department, and the impact
on the number of women and minorities
employed by the department and the
department's affirmative action goals.
Sec. 3. METROPOLITAN COUNCIL
TRANSIT 56,810,000 57,910,000
(a) The agency's budget base for fiscal
year 2006 is $57,503,000 and for fiscal
year 2007 is $58,753,000.
(b) Bus Transit
54,010,000 54,010,000
This appropriation is for bus system
operations.
(c) Rail Operations
2,800,000 3,900,000
This appropriation is for operations of
the Hiawatha LRT line. The base for
rail operations for fiscal year 2006 is
$4,050,000 and for fiscal year 2007 is
$5,300,000.
This appropriation is for paying 50
percent of operating costs for the
Hiawatha light rail transit line after
operating revenue and federal funds are
used for light rail transit operations.
The remaining operating costs up to a
maximum of $2,800,000 the first year
and $3,900,000 the second year are to
be paid by the Hennepin county regional
rail authority, using any or all of
these sources:
(1) general tax revenues of Hennepin
county;
(2) the authority's reserves; and
(3) taxes levied under Minnesota
Statutes, section 398A.04, subdivision
8, notwithstanding any provision in
that subdivision that limits amounts
that may be levied for light rail
transit purposes.
By September 1, 2003, the metropolitan
council shall submit to Hennepin county
regional rail authority a proposed
detailed operations management plan for
Hiawatha light rail transit, covering
operations through June 30, 2005. The
plan may include, without limitation,
operating plans concerning formation
and negotiation of contracts for
management or other services, service
schedules, fare policy, vehicle and
facility maintenance, and staffing.
The council may not implement or modify
the plan without the approval of
Hennepin county. Minnesota Statutes,
section 473.392, does not apply to the
procurement by the council of operating
services for the Hiawatha light rail
transit line.
(d) Budget Base Reduction Report
By December 15, 2003, and December 15,
2004, the chair of the metropolitan
council shall report to the chairs of
the senate and house of representatives
committees with jurisdiction over
transportation policy and finance
regarding the distribution and impacts
of the base budget reductions. The
report must include a description and
enumeration of program activities with
reduced spending levels and the impacts
on transit service levels and
performance of the regular route and
metro mobility systems. The report
must identify the total number of
positions that were reduced or
eliminated through attrition or
layoffs, the number of positions
reduced or eliminated in each of the
bargaining units represented within the
council, and the impact on the number
of women and minorities employed by the
council.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 117,894,000 118,059,000
Summary by Fund
General 7,006,000 7,011,000
Trunk Highway 97,533,000 97,693,000
Highway User 12,211,000 12,211,000
Special Revenue 1,144,000 1,144,000
Subd. 2. Administration
and Related Services 9,684,000 9,689,000
Summary by Fund
General 2,361,000 2,366,000
Trunk Highway 5,938,000 5,938,000
Highway User 1,385,000 1,385,000
(a) Office of Communications
385,000 385,000
Summary by Fund
General 39,000 39,000
Trunk Highway 346,000 346,000
(b) Public Safety Support
6,845,000 6,850,000
Summary by Fund
General 2,231,000 2,236,000
Trunk Highway 3,248,000 3,248,000
Highway User 1,366,000 1,366,000
$365,000 the first year and $370,000
the second year are for payment of
public safety officer survivor benefits
under Minnesota Statutes, section
299A.44. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. The base for fiscal
year 2006 is $375,000 and for fiscal
year 2007 is $380,000.
$314,000 the first year and $314,000
the second year are to be deposited in
the public safety officer's benefit
account. This money is available for
reimbursements under Minnesota
Statutes, section 299A.465.
$508,000 the first year and $508,000
the second year are for soft body armor
reimbursements under Minnesota
Statutes, section 299A.38.
$792,000 the first year and $792,000
the second year are appropriated from
the general fund for transfer by the
commissioner of finance to the trunk
highway fund on December 31, 2003, and
December 31, 2004, respectively, in
order to reimburse the trunk highway
fund for expenses not related to the
fund. These represent amounts
appropriated out of the trunk highway
fund for general fund purposes in the
administration and related services
program.
$610,000 the first year and $610,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the trunk highway fund on
December 31, 2003, and December 31,
2004, respectively, in order to
reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user tax distribution fund
purposes in the administration and
related services program.
$716,000 the first year and $716,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the general fund on December
31, 2003, and December 31, 2004,
respectively, in order to reimburse the
general fund for expenses not related
to the fund. These represent amounts
appropriated out of the general fund
for operation of the criminal justice
data network related to driver and
motor vehicle licensing.
(c) Technical Support Services
2,454,000 2,454,000
Summary by Fund
General 91,000 91,000
Trunk Highway 2,344,000 2,344,000
Highway User 19,000 19,000
Subd. 3. State Patrol 69,832,000 70,032,000
Summary by Fund
General 2,871,000 2,871,000
Trunk Highway 66,869,000 67,069,000
Highway User 92,000 92,000
(a) Patrolling Highways
60,524,000 60,724,000
Summary by Fund
General 37,000 37,000
Trunk Highway 60,395,000 60,595,000
Highway User 92,000 92,000
Of this appropriation, $3,500,000 the
first year and $3,700,000 the second
year are for the cost of adding state
patrol positions. If money transferred
to the trunk highway fund in either
year from the alcohol enforcement
account in the special revenue fund is
less than the amount specified for that
year in this paragraph, the
commissioner shall make up the
difference by transferring to the trunk
highway fund money allocated to the
commissioner under the federal repeat
offender transfer program, Public Law
105-206, section 164.
(b) Commercial Vehicle Enforcement
6,474,000 6,474,000
This appropriation is from the trunk
highway fund.
(c) Capitol Security
2,834,000 2,834,000
The commissioner may not (1) spend any
money from the trunk highway fund for
capitol security, or (2) permanently
transfer any state trooper from the
patrolling highways activity to capitol
security.
The commissioner may not transfer any
money (1) appropriated for department
of public safety administration, the
patrolling of highways, commercial
vehicle enforcement, or driver and
vehicle services to capitol security or
(2) from capitol security.
Subd. 4. Driver and Vehicle Services
36,910,000 36,870,000
Summary by Fund
General 1,774,000 1,774,000
Trunk Highway 24,402,000 24,362,000
Highway User 10,734,000 10,734,000
(a) Vehicle Services
12,452,000 12,452,000
Summary by Fund
General 1,718,000 1,718,000
Highway User 10,734,000 10,734,000
(b) Driver Services
24,458,000 24,418,000
Summary by Fund
General 56,000 56,000
Trunk Highway 24,402,000 24,362,000
Subd. 5. Traffic Safety 324,000 324,000
This appropriation is from the trunk
highway fund.
The commissioners of public safety and
transportation shall jointly report
annually to the chairs and ranking
minority members of the house of
representatives and senate committees
having jurisdiction over transportation
and public safety finance issues on the
expenditure of any federal funds
available under the repeat offender
transfer program, Public Law 105-206,
section 164.
The commissioner of transportation
shall spend 50 percent of the money
available to the state under Public Law
105-206, section 164, for hazard
elimination activities under United
States Code, title 23, section 152, and
the remaining 50 percent must be
transferred to the commissioner of
public safety.
Subd. 6. Pipeline Safety 994,000 994,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Subd. 7. Alcohol and Gambling
Enforcement 150,000 150,000
This appropriation, or so much thereof
as is necessary, is from the alcohol
enforcement account in the special
revenue fund and is for alcohol
enforcement and administration. This
appropriation is in addition to any
other appropriation for this purpose.
Subd. 8. Budget Base Reductions Report
By December 15, 2003, and December 15,
2004, the commissioner of public safety
shall report to the chairs of the
senate and house of representatives
committees with jurisdiction over
transportation policy and finance
regarding the distribution of and
impacts of the base budget reductions
to administration and related services,
driver and vehicle services, and
capitol security. The report must
include a description of the program
activities with reduced spending levels
and the impacts on the department's
performance. The report must identify
the total number of positions that were
reduced or eliminated, the number of
positions reduced or eliminated in each
of the bargaining units represented
within the department, and the impact
on the number of women and minorities
employed by the department and the
department's affirmative action goals.
Sec. 5. GENERAL CONTINGENT
ACCOUNTS 375,000 375,000
Summary by Fund
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 6. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 7. COMMERCE 527,000 -0-
This appropriation is from the
petroleum tank release cleanup fund for
the weights and measures division of
the department of commerce to inspect
and test petroleum measuring
equipment. This appropriation may not
be transferred.
Sec. 8. Minnesota Statutes 2002, section 239.101, is
amended by adding a subdivision to read:
Subd. 7. [TEMPORARY PETROLEUM INSPECTION COST
RECOVERY.] Until July 1, 2004, the cost of inspecting petroleum
measuring equipment must be considered one of the expenditures
that may be recovered under section 115C.08, subdivision 4,
notwithstanding any other provision of this section or section
115C.08.
ARTICLE 2
OTHER CHANGES RELATED TO TRANSPORTATION
AND PUBLIC SAFETY
Section 1. Minnesota Statutes 2002, section 13.44,
subdivision 3, is amended to read:
Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a)
[CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or
appraised values of individual parcels of real property which
are made by personnel of the state, its agencies and
departments, or a political subdivision or by independent
appraisers acting for the state, its agencies and departments,
or a political subdivision for the purpose of selling or
acquiring land through purchase or condemnation are classified
as confidential data on individuals or protected nonpublic data.
(b) [PUBLIC DATA.] The data made confidential or protected
nonpublic by the provisions of paragraph (a) shall become public
upon the occurrence of any of the following:
(1) the negotiating parties exchange appraisals;
(2) the data are submitted to a court appointed
condemnation commissioner;
(3) the data are presented in court in condemnation
proceedings; or
(4) the negotiating parties enter into an agreement for the
purchase and sale of the property; or
(5) the data are submitted to the owner under section
117.036.
Sec. 2. Minnesota Statutes 2002, section 16A.88,
subdivision 1, is amended to read:
Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The
greater Minnesota transit fund is established within the state
treasury. Money in the fund is annually appropriated to the
commissioner of transportation for assistance to transit systems
outside the metropolitan area under section 174.24. Beginning
in fiscal year 2003, the commissioner may use up to $400,000
each year for administration of the transit program. The
commissioner shall use the fund for transit operations as
provided in section 174.24 and related program administration.
Sec. 3. [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS
APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION
PURPOSES.]
Subdivision 1. [APPLICATION.] This section applies to the
acquisition of property for public highways, streets, roads,
alleys, airports, mass transit facilities, or for other
transportation facilities or purposes.
Subd. 2. [APPRAISAL.] (a) Before commencing an eminent
domain proceeding under this chapter, the acquiring authority
must obtain at least one appraisal for the property proposed to
be acquired. In making the appraisal, the appraiser must confer
with one or more of the owners of the property, if reasonably
possible. At least 20 days before presenting a petition under
section 117.055, the acquiring authority must provide the owner
with a copy of the appraisal and inform the owner of the owner's
right to obtain an appraisal under this section.
(b) The owner may obtain an appraisal by a qualified
appraiser of the property proposed to be acquired. The owner is
entitled to reimbursement for the reasonable costs of the
appraisal from the acquiring authority up to a maximum of $1,500
within 30 days after the owner submits to the acquiring
authority the information necessary for reimbursement, provided
that the owner does so within 60 days after the owner receives
the appraisal from the authority under paragraph (a).
Subd. 3. [NEGOTIATION.] In addition to the appraisal
requirements under subdivision 2, before commencing an eminent
domain proceeding, the acquiring authority must make a good
faith attempt to negotiate personally with the owner of the
property in order to acquire the property by direct purchase
instead of the use of eminent domain proceedings. In making
this negotiation, the acquiring authority must consider the
appraisals in its possession and other information that may be
relevant to a determination of damages under this chapter.
Sec. 4. Minnesota Statutes 2002, section 117.232,
subdivision 1, is amended to read:
Subdivision 1. When acquisition of private property is
accomplished by the state department of transportation by direct
purchase the owner shall be entitled to reimbursement for
appraisal fees, not to exceed a total of $500 $1,500. When
acquisition of private property is accomplished by any other
acquiring authority, the owner is entitled to reimbursement for
appraisal fees, not to exceed $500 $1,500, if the owner is
otherwise entitled to reimbursement under sections 117.50 to
117.56. The purchaser in all instances shall inform the owner
of the right, if any, to reimbursement for appraisal fees
reasonably incurred, in an amount not to exceed $500 $1,500,
together with relocation costs, moving costs and any other
related expenses to which an owner is entitled by sections
117.50 to 117.56. This subdivision does not apply to
acquisition for utility purposes made by a public service
corporation organized pursuant to section 300.03 or electric
cooperative associations organized pursuant to chapter 308A.
Sec. 5. Minnesota Statutes 2002, section 138.40,
subdivision 2, is amended to read:
Subd. 2. [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State
and other governmental agencies shall comply with and aid in the
enforcement of provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the
department of natural resources shall enforce the provisions of
sections 138.31 to 138.42 and report violations to the director
of the society. When archaeological or historic sites are known
or, based on scientific investigations or are suspected
predicted to exist on public lands or waters, the agency or
department controlling said lands or waters shall use the
professional services of archaeologists from the University of
Minnesota, Minnesota historical society, or other qualified
professional archaeologists, to preserve these sites. In the
event that archaeological excavation is required to protect or
preserve these sites, state and other governmental agencies may
use their funds for such activities.
Sec. 6. Minnesota Statutes 2002, section 138.40,
subdivision 3, is amended to read:
Subd. 3. [REVIEW OF PLANS.] When significant
archaeological or historic sites are known or suspected, based
on scientific investigations, are predicted to exist on public
lands or waters, the agency or department controlling said lands
or waters shall submit construction or development plans to the
state archaeologist and the director of the society for review
prior to the time bids are advertised. The state archaeologist
and the society shall promptly review such plans and within 30
days of receiving the plans shall make recommendations for the
preservation of archaeological or historic sites which may be
endangered by construction or development activities. When
archaeological or historic sites are related to Indian history
or religion, the state archaeologist shall submit the plans to
the Indian affairs council for the council's review and
recommend action.
Sec. 7. [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE
LANES.]
Subdivision 1. [FEES AUTHORIZED.] To improve efficiency
and provide more options to individuals traveling in a trunk
highway corridor, the commissioner of transportation may charge
user fees to owners or operators of single-occupant vehicles
using designated high-occupancy vehicle lanes. The fees may be
collected using electronic or other toll-collection methods and
may vary in amount with the time of day and level of traffic
congestion within the corridor. The commissioner shall consult
with the metropolitan council and obtain necessary federal
authorizations before implementing user fees on a high-occupancy
vehicle lane. Fees under this section are not subject to
section 16A.1283.
Subd. 2. [DEPOSIT OF REVENUES; APPROPRIATION.] Money
collected from fees authorized under subdivision 1 must be
deposited in a high-occupancy vehicle lane user fee account in
the special revenue fund. A separate account must be
established for each trunk highway corridor. Money in the
account is appropriated to the commissioner. From this
appropriation the commissioner shall first repay the trunk
highway fund and any other fund source for money spent to
install equip or modify the corridor for the purposes of
subdivision 1, and then shall pay all the costs of implementing
and administering the fee collection system for that corridor.
The commissioner shall spend remaining money in the account as
follows:
(1) one-half must be spent for transportation capital
improvements within the corridor; and
(2) one-half must be transferred to the metropolitan
council for expansion and improvement of bus transit services
within the corridor beyond the level of service provided on the
date of implementation of subdivision 1.
Subd. 3. [EXEMPTIONS.] With respect to this section, the
commissioner is exempt from statutory rulemaking requirements,
including section 14.386, and from sections 160.84 to 160.92 and
161.162 to 161.167.
Subd. 4. [PROHIBITION.] No person may operate a single
occupant vehicle in a designated high-occupancy vehicle lane
except in compliance with the requirements of the commissioner.
A person who violates this subdivision is guilty of a petty
misdemeanor and is subject to sections 169.89, subdivisions 1,
2, and 4, and 169.891 and any other provision of chapter 169
applicable to the commission of a petty misdemeanor traffic
offense.
Sec. 8. Minnesota Statutes 2002, section 161.08, is
amended to read:
161.08 [BOOKS OF ACCOUNT RECORDS AND REPORTS.]
Subdivision 1. [BOOKS OF ACCOUNT.] (a) The commissioner
shall keep accurate and complete books of account as may be
prescribed by the commissioner of finance, the same to show in
detail itemized receipts and disbursements of the trunk highway
fund. The books of account shall show the following facts,
among others:
(1) the expenses of maintaining the transportation
department, including the salaries and expenses of the
individual members thereof;
(2) the amounts of money expended in each county of the
state for the construction of trunk highways, and when, where,
and upon what job or portion of road expended so that the cost
per mile of such construction can be easily ascertained;
(3) any other money expended by the state in connection
with any roads other than trunk highways and when, where, and
upon what portion of road so expended; and
(4) the amount of road equipment and materials purchased,
and when, where, and from whom purchased, and the price paid for
each item.
(b) The original invoices shall form a part of the
permanent files and records in the department of transportation
and be open to public inspection.
Subd. 2. [BIENNIAL REPORT.] No later than October 15 of
each odd-numbered year, the commissioner shall report to the
legislature the total expenditures from the trunk highway fund
during the previous biennium in each of the following
categories: road construction; planning; professional and
technical contracts; design and engineering; labor; compliance
with environmental requirements; acquisition of right-of-way;
litigation costs, including payment of claims, settlements, and
judgments; maintenance; and road operations. As part of each
report the commissioner shall select two representative trunk
highway construction projects, one each from the department's
metropolitan district and from greater Minnesota, and for each
project report the cost of environmental mitigation and
compliance.
Sec. 9. Minnesota Statutes 2002, section 161.20,
subdivision 3, is amended to read:
Subd. 3. [TRUNK HIGHWAY FUND APPROPRIATIONS.] The
commissioner may expend trunk highway funds only for trunk
highway purposes. Payment of expenses related to sales tax,
bureau of criminal apprehension laboratory, office of tourism
kiosks, Minnesota safety council, tort claims, driver education
programs, emergency medical services board, and Mississippi
River parkway commission do not further a highway purpose and do
not aid in the construction, improvement, or maintenance of the
highway system.
Sec. 10. [161.368] [HIGHWAY MAINTENANCE, DESIGN, AND
CONSTRUCTION CONTRACT WITH TRIBAL AUTHORITIES.]
On behalf of the state, the commissioner may enter into
agreements with Indian tribal authorities for the purpose of
providing maintenance, design, and construction to highways on
tribal lands. These agreements may include (1) a provision for
waiver of immunity from suit by a party to the contract on the
part of the tribal authority with respect to any controversy
arising out of the contract and (2) a provision conferring
jurisdiction on state district courts to hear such a controversy.
Sec. 11. Minnesota Statutes 2002, section 162.02,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] There is created a county
state-aid highway system which must be established, located,
constructed, reconstructed, improved, and maintained as public
highways by the counties under rules not inconsistent with this
section made and promulgated by the commissioner as provided in
this chapter. The counties are vested with the rights, title,
easements, and their appurtenances, held by or vested in any of
the towns or municipal subdivisions or dedicated to the public
use prior to the time a road or portion of a road is taken over
by the county as a county state-aid highway. If a county
state-aid highway is established over a center portion of a
street in a city having a population of 5,000 or more, then the
remaining portion of the street may be established as a
municipal state-aid street.
Sec. 12. Minnesota Statutes 2002, section 162.02,
subdivision 2, is amended to read:
Subd. 2. [RULES; ADVISORY COMMITTEE.] The rules shall be
made and promulgated by the commissioner acting with the advice
of a committee which shall be selected by the several county
boards acting through the officers of the statewide association
of county commissioners. The committee shall be composed of
nine members so selected that each member shall be from a
different state highway construction district. Not more than
five of the nine members of the committee shall be county
commissioners. The remaining members shall be county highway
engineers. The committee expires as provided in section 15.059,
subdivision 5. In the event that agreement cannot be reached on
any rule the commissioner's determination shall be final. The
rules shall be printed and copies thereof shall be forwarded to
the county auditors and the county engineers of the several
counties.
Sec. 13. Minnesota Statutes 2002, section 162.02,
subdivision 4, is amended to read:
Subd. 4. [LOCATION AND ESTABLISHMENT; COMMISSIONER'S
REVIEW.] The county boards of the several counties shall by
resolution and subject to the concurrence of the commissioner
locate and establish a system of county state-aid highways in
accordance with the rules made and promulgated by the
commissioner. It shall be the duty of the commissioner to
review each system considering the availability of funds and the
desirability of each system in relation to an integrated and
coordinated system of highways. After review the commissioner
shall by written order approve each system or any part thereof
which in the commissioner's judgment is feasible and desirable.
A certified copy of the order shall be filed with the county
auditor and the county engineer.
Sec. 14. Minnesota Statutes 2002, section 162.09,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; MILEAGE LIMITATION; RULES.]
There is created a municipal state-aid street system within
statutory and home rule charter cities having a population of
5,000 or more. The extent of the municipal state-aid street
system for a city shall not exceed: (1) 20 percent of the total
miles of city streets and county roads partially or totally
within the jurisdiction of that city, plus (2) the mileage of
all trunk highways reverted or turned back to the jurisdiction
of the city pursuant to law on and after July 1, 1965, plus (3)
the mileage of county highways reverted or turned back to the
jurisdiction of the city pursuant to law on or after May 11,
1994. For purposes of this subdivision, the total miles of city
streets and county roads within the jurisdiction of a city
includes all miles of county highways turned back to that city's
jurisdiction on or after May 11, 1994. The system shall be
established, located, constructed, reconstructed, improved, and
maintained as public highways partially or totally within such
cities under rules, not inconsistent with this section, made and
promulgated by the commissioner as hereinafter provided.
Sec. 15. Minnesota Statutes 2002, section 163.07,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS, SALARY AND TERM.] The county
highway engineer shall be a registered highway or civil
engineer, registered under the laws of the state of Minnesota.
The county highway engineer may be selected from a list of
eligible registered highway engineers prepared by the
commissioner of transportation. The list shall be submitted by
the commissioner of transportation to any county board
requesting same. The county board may appoint a new county
engineer for a term of only one year. All reappointments shall
be for a term of four years, and shall be made in May of the
year in which the term expires. The county highway engineer
shall be a citizen and resident of this state. The county
highway engineer's salary shall be fixed by the county board and
shall be payable the same as other county officers are paid.
The salary shall not be reduced during the county highway
engineer's term of office.
Sec. 16. Minnesota Statutes 2002, section 163.11, is
amended by adding a subdivision to read:
Subd. 4a. [DESIGNATION AS COUNTY CARTWAY.] A county board
that has vacated a county highway under subdivision 4 may
designate, as part of the vacating resolution, the former county
highway as a county cartway. A highway designated as a county
cartway is a county highway for purposes of this chapter, but
the county board may not expend money from its road and bridge
fund on the maintenance or improvement of a county cartway
unless the county board determines that the expenditure is in
the public interest. With the exception of the process provided
in subdivision 5a, a county highway right-of-way that has been
vacated, extinguished, or otherwise removed from the county
highway system may not revert to a town.
Sec. 17. Minnesota Statutes 2002, section 163.11, is
amended by adding a subdivision to read:
Subd. 9. [TRANSFER OF JURISDICTION OVER COUNTY
HIGHWAY.] Notwithstanding subdivision 5, the county board may
transfer jurisdiction and ownership of a county highway to
another road authority, an agency of the United States, an
agency of the state, or to an Indian tribe upon agreement
between the county and the authority, agency, or tribe to which
the transfer is being made. Subdivision 5a provides the
exclusive method of county highway reversion to towns.
Sec. 18. Minnesota Statutes 2002, section 164.12, is
amended to read:
164.12 [ROAD ON TOWN LINE.]
Subdivision 1. [PROPOSAL TO ESTABLISH; MAINTAIN.] When
adjoining towns propose to establish, alter, or vacate, or
maintain a road on or along the line between such towns they
shall proceed as hereinafter provided.
Subd. 2. [DIVISION OF RESPONSIBILITIES.] The town boards
shall divide the length of the road proposed to be established,
altered, or vacated, or maintained into two parts. When it is
proposed to establish or alter a road, the division shall be
made so as to divide as nearly equal as possible the cost of
right-of-way, construction, and maintenance of the entire road.
If the proposal is to vacate a road, the division shall be made
so as to divide as nearly equal as possible any damages that may
be occasioned thereby.
Subd. 3. [AGREEMENT.] After the division the boards shall
enter into an agreement specifying which part shall be vacated,
or opened, constructed, and maintained by each. Thereafter,
each board shall proceed in the manner and subject to the same
review as provided in section 164.06 or section 164.07.
Subd. 4. [JOINT CONTRACT.] When a town line road is
established or, altered, or maintained as provided herein, the
boards may jointly let a contract covering all or part of the
work to be performed on the road. If a joint contract is not
let each town board shall open and construct its portion thereof
as expeditiously as possible.
Subd. 5. [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a
portion of a town line road is taken over by the state as a
trunk highway, or by a county as a county state-aid highway or
county highway, the town boards concerned shall divide the
portions of the town line road not taken over by the state or
county, so that the cost of construction, reconstruction, and
maintenance thereof will be apportioned as nearly equal as
possible. After such division the boards shall enter into an
agreement specifying which part shall be constructed and
maintained by each.
Subd. 6. [FAILURE TO AGREE.] (a) When the town boards
cannot agree upon a division as provided in subdivision 2 or
subdivision 5, or upon the petition of either town board when a
division previously agreed upon has proved to be inequitable,
the county board, or where the road is on a county line the
county boards of the counties concerned, shall determine the
proper division of responsibility. In making such division the
county board or boards shall follow the procedure provided for
in subdivision 2 or 5. Where deemed necessary the services of
the county engineer may be used.
(b) When for any reason an agreement under paragraph (a)
cannot be reached, the town board of either or both towns may
request to have the matter determined through mediation,
arbitration, mediation-arbitration (med-arb), or other form of
alternative dispute resolution as described in Rule 114.02 of
the General Rules of Practice for the District Courts. The
parties may select a neutral who does not qualify under Rule
114.02. Mediated settlement agreements must be in accordance
with the Minnesota Civil Mediation Act, sections 572.31 to
572.40. Arbitrated agreements and med-arb agreements must be
final and binding.
Sec. 19. Minnesota Statutes 2002, section 168.011,
subdivision 22, is amended to read:
Subd. 22. [SPECIAL MOBILE EQUIPMENT.] "Special mobile
equipment" means every vehicle not designed or used primarily
for the transportation of persons or property and only
incidentally operated or moved over a highway, including but not
limited to: ditch-digging apparatuses, moving dollies, pump
hoists and other water well-drilling equipment registered under
chapter 103I, street-sweeping vehicles, and other machinery such
as asphalt spreaders, bituminous mixers, bucket loaders,
tractors other than truck-tractors, ditchers, leveling graders,
finishing machines, motor graders, road rollers, scarifiers,
truck-mounted log loaders, earth-moving carryalls, scrapers,
power shovels, draglines, self-propelled cranes, and
earth-moving equipment. The term does not include travel
trailers, dump trucks, truck-mounted transit mixers,
truck-mounted feed grinders, or other motor vehicles designed
for the transportation of persons or property to which machinery
has been attached.
Sec. 20. Minnesota Statutes 2002, section 168.013,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on
gross weight shall state the unloaded weight of the motor
vehicle, trailer, or semitrailer and the maximum load the
applicant proposes to carry on it, the sum of which constitutes
the gross weight upon which the license tax must be paid.
However, the declared gross weight upon which the tax is paid
must not be less than 1-1/4 times the declared unloaded weight
of the motor vehicle, trailer, or semitrailer to be registered,
except recreational vehicles taxed under subdivision 1g, school
buses taxed under subdivision 18, and tow trucks or towing
vehicles defined in section 169.01, subdivision 52. The gross
weight of a tow truck or towing vehicle is the actual weight of
the tow truck or towing vehicle fully equipped, but does not
include the weight of a wrecked or disabled vehicle towed or
drawn by the tow truck or towing vehicle.
(b) The gross weight of a motor vehicle, trailer, or
semitrailer must not exceed the gross weight upon which the
license tax has been paid by more than four percent or 1,000
pounds, whichever is greater; provided that, a vehicle
transporting unfinished forest products on a highway, other than
a highway that is part of the system of interstate and defense
highways, unless a federal exemption is granted, in accordance
with paragraph (d)(3):
(1) shall not exceed its gross vehicle weight upon which
the license tax has been paid, or gross axle weight on any axle,
by more than five percent and, notwithstanding other law to the
contrary, is not subject to any fee, fine, or other assessment
or penalty for exceeding a gross vehicle or axle weight by up to
five percent; and
(2) between the dates set by the commissioner in accordance
with section 169.826, subdivision 1, is not subject to any
provision of paragraph (d) or chapter 169 limiting the gross
axle weight of any individual axle unless the entire vehicle
also exceeds its gross vehicle weight plus its weight allowance
allowed in clause (1) and plus any weight allowance permitted
under section 169.826, in which case the vehicle is subject to
all applicable penalties for excess weight violations.
(c) The gross weight of the motor vehicle, trailer, or
semitrailer for which the license tax is paid must be indicated
by a distinctive character on the license plate or plates except
as provided in subdivision 12 and the plate or plates must be
kept clean and clearly visible at all times.
(d) The owner, driver, or user of a motor vehicle, trailer,
or semitrailer, upon conviction for transporting a gross weight
in excess of the gross weight for which it was registered or for
operating a vehicle with an axle weight exceeding the maximum
lawful axle load weight, is guilty of a misdemeanor and subject
to increased registration or reregistration according to the
following schedule:
(1) Upon conviction for transporting a gross weight in
excess of the gross weight for which a motor vehicle, trailer,
or semitrailer is registered by more than the allowance set
forth in paragraph (b) but less than 25 percent, or for
operating or using a motor vehicle, trailer, or semitrailer with
an axle weight exceeding the maximum lawful axle load as
provided in sections 169.822 to 169.829 by more than the
allowance set forth in paragraph (b) but less than 25 percent,
the owner, driver, or user of the motor vehicle, trailer, or
semitrailer used to commit the violation, in addition to any
penalty imposed for the misdemeanor, shall apply to the
registrar to increase the authorized gross weight to be carried
on the vehicle to a weight equal to or greater than the gross
weight the owner, driver, or user was convicted of carrying.
The increase is computed for the balance of the calendar year on
the basis of 1/12 of the annual tax for each month remaining in
the calendar year beginning with the first day of the month in
which the violation occurred. If the additional registration
tax computed upon that weight, plus the tax already paid,
amounts to more than the regular tax for the maximum gross
weight permitted for the vehicle under sections 169.822 to
169.829, that additional amount must nevertheless be paid into
the highway fund, but the additional tax thus paid does not
authorize or permit any person to operate the vehicle with a
gross weight in excess of the maximum legal weight as provided
by sections 169.822 to 169.829. Unless the owner within 30 days
after a conviction applies to increase the authorized weight and
pays the additional tax as provided in this section, the
registrar shall revoke the registration on the vehicle and
demand the return of the registration card and plates issued on
that registration.
(2) Upon conviction of an owner, driver, or user of a motor
vehicle, trailer, or semitrailer for transporting a gross weight
in excess of the gross weight for which the motor vehicle,
trailer, or semitrailer was registered by 25 percent or more or
for operating or using the vehicle or trailer with an axle
weight exceeding the maximum lawful axle load as provided in
sections 169.822 to 169.829 by 25 percent or more, and in
addition to any penalty imposed for the misdemeanor, the
registrar shall either (i) cancel the reciprocity privileges on
the vehicle involved if the vehicle is being operated under
reciprocity or (ii) if the vehicle is not being operated under
reciprocity, cancel the certificate of registration on the
vehicle operated and demand the return of the registration
certificate and registration plates. The registrar may not
cancel the registration or reciprocity privileges for any
vehicle found in violation of seasonal load restrictions imposed
under section 169.87 unless the axle weight exceeds the
year-round weight limit for the highway on which the violation
occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why
all future operating privileges in the state should not be
revoked unless the additional tax assessed is paid.
(3) Clause (1) does not apply to the first haul of
unprocessed or raw farm products or unfinished forest products,
when the registered gross weight is not exceeded by more than
ten percent. For purposes of this clause, "first haul" means
(i) the first, continuous transportation of unprocessed or raw
farm products from the place of production or on-farm storage
site to any other location within 50 miles of the place of
production or on-farm storage site, or (ii) the continuous or
noncontinuous transportation of unfinished forest products from
the place of production to the place of final processing or
manufacture located within 200 miles of the place of production.
(4) When the registration on a motor vehicle, trailer, or
semitrailer is revoked by the registrar according to this
section, the vehicle must not be operated on the highways of the
state until it is registered or reregistered, as the case may
be, and new plates issued, and the registration fee is the
annual tax for the total gross weight of the vehicle at the time
of violation. The reregistration pursuant to this subdivision
of any vehicle operating under reciprocity agreements pursuant
to section 168.181 or 168.187 must be at the full annual
registration fee without regard to the percentage of vehicle
miles traveled in this state.
Sec. 21. Minnesota Statutes 2002, section 168.12,
subdivision 2e, is amended to read:
Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL
PLATES.] (a) The registrar shall issue special license plates to
an applicant who is a volunteer ambulance attendant as defined
in section 144E.001, subdivision 15, and who owns or jointly
owns a motor vehicle taxed as a passenger automobile. The
registrar shall issue the special plates on payment of the
registration tax required by law for the vehicle, compliance
with all other applicable laws relating to registration and
licensing of motor vehicles and drivers, and payment of an
additional fee of $10. The registrar shall not issue more than
one set two sets of these plates to each qualified applicant.
(b) A person may use special plates issued under this
subdivision only during the period that the person is a
volunteer ambulance attendant. When the person to whom the
special plates were issued ceases to be a volunteer ambulance
attendant, or the person shall return each set of special plates
issued to that person. When ownership of the a vehicle is
transferred, the person shall remove the special plates from the
that vehicle and return them to the registrar. On return of the
each set of plates, the owner of the vehicle, or new owner in
case of a transferred vehicle, is entitled to receive regular
license plates for the vehicle without cost for the rest of the
registration period for which the set of special plates were
issued. Special plates issued under this subdivision may be
transferred to another vehicle owned by the volunteer ambulance
attendant on payment of a fee of $5.
(c) The fees specified in this subdivision must be paid
into the state treasury and deposited in the highway user tax
distribution fund.
(d) The commissioner may adopt rules governing the design,
issuance, and sale of the special plates authorized by this
subdivision.
Sec. 22. Minnesota Statutes 2002, section 168.12,
subdivision 5, is amended to read:
Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee
otherwise authorized or any tax otherwise imposed upon any motor
vehicle, the payment of which is required as a condition to the
issuance of any number license plate or plates, the commissioner
of public safety may shall impose a the fee specified in
paragraph (b) that is calculated to cover the cost of
manufacturing and issuing the license plate or plates, except
for license plates issued to disabled veterans as defined in
section 168.031 and license plates issued pursuant to section
168.124, 168.125, or 168.27, subdivisions 16 and 17, for
passenger automobiles. Graphic design license plates shall only
be issued for vehicles registered pursuant to section 168.017
and recreational vehicles registered pursuant to section
168.013, subdivision 1g.
(b) Unless otherwise specified or exempted by statute, the
following plate and validation sticker fees apply for the
original, duplicate, or replacement issuance of a plate in a
plate year:
Sequential Double Plate $ 4.25
Sequential Special Plate-Double $ 7.00
Sequential Single Plate $ 3.00
Sequential Special Plate-Single $ 5.50
Self-Adhesive Plate $ 2.50
Nonsequential Double Plate $14.00
Nonsequential Single Plate $10.00
Duplicate Sticker $ 1.00
(c) Fees collected under this subdivision must be paid into
the state treasury and credited to the highway user tax
distribution fund.
Sec. 23. [168.1293] [SPECIAL LICENSE PLATES;
AUTHORIZATION; DISCONTINUANCE.]
Subdivision 1. [DEFINITION.] For purposes of this section
and section 168.1297 "special license plate" means a license
plate that is authorized by law to have wording and graphics
that differ from a Minnesota passenger vehicle license plate.
Subd. 2. [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal
entity, or other requester, however organized, that plans to
seek legislation establishing a new special license plate shall
submit the following information and fee to the department of
public safety:
(1) The requester shall submit a request for the special
license plate being sought, describing the proposed license
plate in general terms, the purpose of the plate, and the
proposed fee or minimum contribution required for the plate.
(2) The requester shall submit the results of a scientific
sample survey of Minnesota motor vehicle owners that indicates
that at least 10,000 motor vehicle owners intend to purchase the
proposed plate with the proposed fee or minimum contribution.
The requester's plan to undertake the survey must be reported to
the department before the survey is undertaken. The survey must
be performed independently of the requester by another person or
legal entity, however organized, that conducts similar sample
surveys in the normal course of business.
(3) The requester shall submit an application fee of
$20,000, to cover the department's cost of reviewing the
application and developing the special license plate if
authorized. State funds may not be used to pay the application
fee.
(4) The requester shall submit a marketing strategy that
contains (i) short-term and long-term marketing plans for the
requested plate, and (ii) a financial analysis showing the
anticipated revenues and the planned expenditures of any fee or
contribution derived from the requested plate.
(b) The requester shall submit the information required
under paragraph (a) to the department at least 120 days before
the convening of the next regular legislative session at which
the requester will submit the proposal.
Subd. 3. [DESIGN; REDESIGN.] (a) If the special license
plate sought by the requester is approved by law, the requester
shall submit the proposed design for the plate to the department
as soon as practicable, but not later than 120 days after the
effective date of the law authorizing issuance of the plate.
The department is responsible for selecting the final design for
the special license plate.
(b) The requester that originally requested a special
license plate subsequently approved by law may not submit a new
design for the plate within the five years following the date of
first issuance of the plate unless the inventory of those plates
has been exhausted. The requester may deplete the remaining
inventory of the plates by reimbursing the department for the
cost of the plates.
Subd. 4. [REFUND OF FEE.] If the special license plate
requested is not authorized in the legislative session at which
authorization was sought, the department shall refund $17,500 of
the application fee to the requester.
Subd. 5. [DISCONTINUANCE OF PLATE.] (a) The department
shall discontinue the issuance or renewal of any special license
plate if (1) fewer than 1,000 sets of those plates are currently
registered at the end of the first six years during which the
plates are available, or (2) fewer than 1,000 sets of those
plates are currently registered at the end of any subsequent
two-year period following the first six years of availability.
(b) The department may discontinue the issuance or renewal
of any special license plate, and distribution of any
contributions resulting from that plate, if the department
determines that (1) the fund or requester receiving the
contributions no longer exists, (2) the requester has stopped
providing services that are authorized to be funded from the
contribution proceeds, (3) the requester has requested
discontinuance, or (4) contributions have been used in violation
of subdivision 6.
(c) Nothing in this subdivision applies to license plates
issued under section 168.123, 168.124, 168.125, or 168.1255.
Subd. 6. [USE OF CONTRIBUTIONS.] Contributions made as a
condition of obtaining a special license plate, and interest
earned on the contributions, may not be spent for commercial or
for-profit purposes.
Subd. 7. [DEPOSIT OF FEE; APPROPRIATION.] The commissioner
shall deposit the application fee under subdivision 2, paragraph
(a), clause (3), in the highway user tax distribution fund. An
amount sufficient to pay the department's cost in implementing
and administering this section, including payment of refunds
under subdivision 4, is appropriated to the commissioner.
Sec. 24. [168.1297] [SPECIAL "ROTARY MEMBER" LICENSE
PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
registrar shall issue special "Rotary member" license plates to
an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) submits proof to the registrar that the applicant is a
member of Rotary International; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Subd. 2. [DESIGN.] A special license plate under this
section consists of a special license plate as described in
section 168.1291 with a unique symbol that is the recognized
emblem of Rotary International.
Subd. 3. [COMPLIANCE WITH OTHER LAW.] The commissioner
shall take no action under this section unless the commissioner
determines that Rotary International, or one or more districts
of Rotary International, has complied with section 168.1293,
subdivision 2, paragraph (a). Issuance and renewal of license
plates under this section are subject to section 168.1293,
subdivisions 3 to 6.
Sec. 25. Minnesota Statutes 2002, section 168.54,
subdivision 4, is amended to read:
Subd. 4. [TRANSFER FEE.] A fee of $2 $3 is imposed upon
every transfer of ownership by the commissioner of public safety
of any motor vehicle for which a registration certificate has
heretofore been issued under this chapter, except vehicles sold
for the purposes of salvage or dismantling or permanent removal
from the state.
Sec. 26. Minnesota Statutes 2002, section 168A.29,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] (a) The department shall be paid
the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $2 $3;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest
filed by a public authority under section 168A.05, subdivision
8;
(3) for the transfer of the interest of an owner and the
issuance of a new certificate of title, the sum of $2 $3;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum
of $4.
(b) After June 30, 1994, in addition to each of the fees
required under paragraph (a), clauses (1) and (3), the
department shall be paid $3.50. The additional fee collected
under this paragraph must be deposited in the special revenue
fund and credited to the public safety motor vehicle account
established in section 299A.70.
Sec. 27. Minnesota Statutes 2002, section 169.14,
subdivision 5a, is amended to read:
Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a)
Local authorities may establish a school speed limit within a
school zone of a public or nonpublic school upon the basis of an
engineering and traffic investigation as prescribed by the
commissioner of transportation. The establishment of a school
speed limit on any trunk highway shall be with the consent of
the commissioner of transportation. Such school speed limits
shall be in effect when children are present, going to or
leaving school during opening or closing hours or during school
recess periods. The school speed limit shall not be lower than
15 miles per hour and shall not be more than 20 30 miles per
hour below the established speed limit on an affected street or
highway if the established speed limit is 40 miles per hour or
greater.
(b) The school speed limit shall be effective upon the
erection of appropriate signs designating the speed and
indicating the beginning and end of the reduced speed zone. Any
speed in excess of such posted school speed limit is unlawful.
All such signs shall be erected by the local authorities on
those streets and highways under their respective jurisdictions
and by the commissioner of transportation on trunk highways.
(c) For the purpose of this subdivision, "school zone"
means that section of a street or highway which abuts the
grounds of a school where children have access to the street or
highway from the school property or where an established school
crossing is located provided the school advance sign prescribed
by the manual on uniform traffic control devices adopted by the
commissioner of transportation pursuant to section 169.06 is in
place. All signs erected by local authorities to designate
speed limits in school zones shall conform to the manual on
uniform control devices.
(d) Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established under this subdivision is assessed an additional
surcharge equal to the amount of the fine imposed for the
violation, but not less than $25.
Sec. 28. Minnesota Statutes 2002, section 169.448,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTIONS ON APPEARANCE; MISDEMEANOR.]
(a) A bus that is not used as a school bus may not be operated
on a street or highway unless it is painted a color
significantly different than national school bus glossy yellow.
(b) A bus that is not used as a school bus or Head Start
bus may not be operated if it is equipped with school bus or
Head Start bus-related equipment and printing.
(c) A violation of this subdivision is a misdemeanor.
(d) This subdivision does not apply to a school bus owned
by or under contract to a school district operated as a charter
or leased bus.
(e) This subdivision does not apply to a school bus
operated by a licensed child care provider if:
(1) the stop arm is removed;
(2) the eight-light system is deactivated;
(3) the school bus is identified as a "child care bus" in
letters at least eight inches high on the front and rear top of
the bus; and
(4) the name, address, and telephone number of the owner or
operator of the bus is identified on each front door of the bus
in letters not less than three inches high; and
(5) the conditions under section 171.02, subdivision 2a,
paragraph (b), clauses (1) through (10), (12), and (14) have
been met.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 29. Minnesota Statutes 2002, section 169.791,
subdivision 1, is amended to read:
Subdivision 1. [TERMS DEFINED.] (a) For purposes of this
section and sections 169.792 to 169.799 169.798, the following
terms have the meanings given.
(b) "Commissioner" means the commissioner of public safety.
(c) "District court administrator" or "court administrator"
means the district court administrator or a deputy district
court administrator of the district court that has jurisdiction
of a violation of this section.
(d) "Insurance identification card" means a card issued by
an obligor to an insured stating that security as required by
section 65B.48 has been provided for the insured's vehicle.
(e) "Law enforcement agency" means the law enforcement
agency that employed the peace officer who demanded proof of
insurance under this section or section 169.792.
(f) "Peace officer" or "officer" means an employee of a
political subdivision or state law enforcement agency, including
the Minnesota state patrol, who is licensed by the Minnesota
board of peace officer standards and training and is authorized
to make arrests for violations of traffic laws.
(g) "Proof of insurance" means an insurance identification
card, written statement, or insurance policy as defined by
section 65B.14, subdivision 2.
(h) "Vehicle" means a motor vehicle as defined in section
65B.43, subdivision 2, or a motorcycle as defined in section
65B.43, subdivision 13.
(i) "Written statement" means a written statement by a
licensed insurance agent stating the name and address of the
insured, the vehicle identification number of the insured's
vehicle, that a plan of reparation security as required by
section 65B.48 has been provided for the insured's vehicle, and
the dates of the coverage.
(j) The definitions in section 65B.43 apply to sections
169.792 to 169.799 169.798.
Sec. 30. Minnesota Statutes 2002, section 169.796, is
amended by adding a subdivision to read:
Subd. 3. [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The
commissioner of public safety shall implement a monthly sampling
program to verify insurance coverage. The sample must annually
include at least two percent of all drivers who own motor
vehicles, as defined in section 168.011, licensed in the state,
one-half of whom during the previous year have been convicted of
at least one vehicle insurance law violation, have had a
driver's license revoked or suspended due to habitual violation
of traffic laws, have had no insurance in effect at the time of
a reportable crash, or have been convicted of an alcohol-related
motor vehicle offense. No sample may be selected based on race,
religion, physical or mental disability, economic status, or
geographic location.
(b) The commissioner shall request each vehicle owner
included in the sample to furnish insurance coverage information
to the commissioner within 30 days. The request must require
the owner to state whether or not all motor vehicles owned by
that person were insured on the verification date stated in the
commissioner's request. The request may require, but is not
limited to, a signed statement by the owner that the information
is true and correct, the names and addresses of insurers, policy
numbers, and expiration or renewal dates of insurance coverage.
(c) The commissioner shall conduct a verification of the
response by transmitting necessary information to the insurance
companies named in the owner's response.
(d) The insurance companies shall electronically notify the
commissioner, within 30 days of the commissioner's request, of
any false statements regarding coverage.
(e) The commissioner shall suspend, without preliminary
hearing, the driver's license, if any, of a vehicle owner who
falsely claims coverage, who indicates that coverage was not in
effect at the time specified in the request, or who fails to
respond to the commissioner's request to furnish proof of
insurance. The commissioner shall comply with the notice
requirement of section 171.18, subdivision 2.
(f) Before reinstatement of the driver's license, there
must be filed with the commissioner of public safety the written
certificate of an insurance carrier authorized to do business in
the state stating that security has been provided as required by
section 65B.48. The commissioner of public safety may require
the certificate of insurance provided to satisfy this
subdivision to be certified by the insurance carrier for a
period not to exceed one year. The commissioner of public
safety may also require a certificate of insurance to be filed
with respect to all vehicles required to be insured under
section 65B.48 and owned by any person whose driving privileges
have been suspended as provided in this section before
reinstating the person's driver's license.
Sec. 31. Minnesota Statutes 2002, section 169.797,
subdivision 4a, is amended to read:
Subd. 4a. [REGISTRATION REVOCATION AND LICENSE
SUSPENSION.] The commissioner of public safety shall revoke the
registration of any vehicle and may shall suspend the driver's
license of any operator, without preliminary hearing upon a
showing by department records, including accident reports
required to be submitted by section 169.09, or other sufficient
evidence that security required by section 65B.48 has not been
provided and maintained. Before reinstatement of the
registration, there shall be filed with the commissioner of
public safety the written certificate of an insurance carrier
authorized to do business in the state stating that security has
been provided as required by section 65B.48. The commissioner
of public safety may require the certificate of insurance
provided to satisfy this subdivision to be certified by the
insurance carrier to be noncancelable for a period not to exceed
one year. The commissioner of public safety may also require a
certificate of insurance to be filed with respect to all
vehicles required to be insured under section 65B.48 and owned
by any person whose driving privileges have been suspended or
revoked as provided in this section before reinstating the
person's driver's license.
Sec. 32. Minnesota Statutes 2002, section 169.798,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner of public
safety shall have the power and perform the duties imposed
by this section and sections 65B.41 to 65B.71, this section, and
sections 169.797 and 169.799, and may adopt rules to implement
and provide effective administration of the provisions requiring
security and governing termination of security.
Sec. 33. Minnesota Statutes 2002, section 169.798, is
amended by adding a subdivision to read:
Subd. 4. [ATTESTATION OF INSURANCE REQUIRED.] Every owner,
when applying for motor vehicle or motorcycle registration,
reregistration, or transfer of ownership, must attest that the
motor vehicle or motorcycle is covered by an insurance policy.
Sec. 34. Minnesota Statutes 2002, section 169.826,
subdivision 1, is amended to read:
Subdivision 1. [WINTER INCREASE AMOUNTS.] The limitations
provided in sections 169.822 to 169.829 are increased:
(1) by ten percent between the dates set by the
commissioner for each zone established by the commissioner based
on a freezing index model each winter, statewide;.
(2) by ten percent between the dates set by the
commissioner based on a freezing index model each winter, in the
zone bounded as follows: beginning at Pigeon River in the
northeast corner of Minnesota; thence in a southwesterly
direction along the north shore of Lake Superior to the
northeastern city limits of Duluth; thence along the eastern and
southern city limits of Duluth to the junction with trunk
highway No. 210; thence westerly along trunk highway No. 210 to
the junction with trunk highway No. 10; thence northwesterly
along trunk highway No. 10 to the Minnesota-North Dakota border;
thence northerly along that border to the Minnesota-Canadian
Border; thence easterly along said Border to Lake Superior; and
(3) Subd. 1a. [HARVEST SEASON INCREASE AMOUNT.] The
limitations provided in sections 169.822 to 169.829 are
increased by ten percent from the beginning of harvest to
November 30 each year for the movement of sugar beets, carrots,
and potatoes from the field of harvest to the point of the first
unloading. Transfer of the product from a farm vehicle or small
farm trailer, within the meaning of chapter 168, to another
vehicle is not considered to be the first unloading. The
commissioner shall not issue permits under this clause
subdivision if to do so will result in a loss of federal highway
funding to the state.
Sec. 35. Minnesota Statutes 2002, section 169.826, is
amended by adding a subdivision to read:
Subd. 1b. [NINE-TON COUNTY ROADS.] Despite the provisions
of subdivision 5 and sections 169.824, subdivision 2, paragraph
(a), clause (2), and 169.832, subdivision 11, a vehicle or
combination of vehicles with a gross vehicle weight up to 88,000
pounds may be operated on a nine-ton county road, consistent
with the increases allowed for vehicles operating on a ten-ton
road, during the time when the increases under subdivision 1 are
in effect in that zone.
Sec. 36. Minnesota Statutes 2002, section 169.85,
subdivision 2, is amended to read:
Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and
load, as provided in this section, an officer may require the
driver to stop the vehicle in a suitable place and remain
standing until a portion of the load is removed that is
sufficient to reduce the gross weight of the vehicle to the
limit permitted under either section 168.013, subdivision 3,
paragraph (b), or sections 169.822 to 169.829, whichever is the
lesser violation, if any. A suitable place is a location where
loading or tampering with the load is not prohibited by federal,
state, or local law, rule, or ordinance.
(b) Except as provided in paragraph (c), a driver may be
required to unload a vehicle only if the weighing officer
determines that (1) on routes subject to the provisions of
sections 169.822 to 169.829, the weight on an axle exceeds the
lawful gross weight prescribed by sections 169.822 to 169.829,
by 2,000 pounds or more, or the weight on a group of two or more
consecutive axles in cases where the distance between the
centers of the first and last axles of the group under
consideration is ten feet or less exceeds the lawful gross
weight prescribed by sections 169.822 to 169.829, by 4,000
pounds or more; or (2) on routes designated by the commissioner
in section 169.832, subdivision 11, the overall weight of the
vehicle or the weight on an axle or group of consecutive axles
exceeds the maximum lawful gross weights prescribed by sections
169.822 to 169.829; or (3) the weight is unlawful on an axle or
group of consecutive axles on a road restricted in accordance
with section 169.87. Material unloaded must be cared for by the
owner or driver of the vehicle at the risk of the owner or
driver.
(c) If the gross weight of the vehicle does not exceed the
vehicle's registered gross weight plus the weight allowance set
forth in section 168.013, subdivision 3, paragraph (b), and
plus, if applicable, the weight allowance permitted under
section 169.826, then the driver is not required to unload under
paragraph (b).
Sec. 37. Minnesota Statutes 2002, section 169.86,
subdivision 5, is amended to read:
Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized
under section 169.826, subdivision 1, clause (3) 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width; and
(6) noncommercial transportation of a boat by the owner or
user of the boat.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);
(5) double-deck buses;
(6) commercial boat hauling.
(e) For vehicles which have axle weights exceeding the
weight limitations of sections 169.822 to 169.829, an additional
cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision
3, paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20
The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse-compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.828, subdivision 2, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:
(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;
(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;
(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;
(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and
(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.
A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.
Sec. 38. Minnesota Statutes 2002, section 171.02,
subdivision 2a, is amended to read:
Subd. 2a. [EXCEPTIONS.] (a) Notwithstanding subdivision 2,
(1) a hazardous materials endorsement is not required to operate
a vehicle having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 200
gallons of petroleum products and (2) a class C license or
hazardous materials endorsement is not required to operate a
farm vehicle as defined in Code of Federal Regulations, title
49, section 390.5, having a gross vehicle weight of 26,000
pounds or less while carrying in bulk tanks a total of not more
than 1,500 gallons of liquid fertilizer.
(b) Notwithstanding subdivision 2, paragraph (c), the
holder of a class D driver's license, without a school bus
endorsement, may operate a type A school bus described in
subdivision 2, paragraph (b), under the following conditions:
(1) The operator is an employee of the entity that owns,
leases, or contracts for the school bus and is not solely hired
to provide transportation services under this paragraph.
(2) The operator drives the school bus only from points of
origin to points of destination, not including home-to-school
trips to pick up or drop off students.
(3) The operator is prohibited from using the eight-light
system. Violation of this clause is a misdemeanor.
(4) The operator's employer has adopted and implemented a
policy that provides for annual training and certification of
the operator in:
(i) safe operation of the type of school bus the operator
will be driving;
(ii) understanding student behavior, including issues
relating to students with disabilities;
(iii) encouraging orderly conduct of students on the bus
and handling incidents of misconduct appropriately;
(iv) knowing and understanding relevant laws, rules of the
road, and local school bus safety policies;
(v) handling emergency situations; and
(vi) safe loading and unloading of students.
(5) A background check or background investigation of the
operator has been conducted that meets the requirements under
section 122A.18, subdivision 8, or 123B.03 for teachers; section
144.057 or 245A.04 for day care employees; or section 171.321,
subdivision 3, for all other persons operating a type A school
bus under this paragraph.
(6) Operators shall submit to a physical examination as
required by section 171.321, subdivision 2.
(7) The operator's driver's license is verified annually by
the entity that owns, leases, or contracts for the school bus.
(8) A person who sustains a conviction, as defined under
section 609.02, of violating section 169A.25, 169A.26, 169A.27,
169A.31, 169A.51, or 169A.52, or a similar statute or ordinance
of another state is precluded from operating a school bus for
five years from the date of conviction.
(9) A person who has ever been convicted of a disqualifying
offense as defined in section 171.3215, subdivision 1, paragraph
(c), may not operate a school bus under this paragraph.
(10) A person who sustains a conviction, as defined under
section 609.02, of a fourth moving offense in violation of
chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.
(10) (11) Students riding the school bus must have training
required under section 123B.90, subdivision 2.
(11) (12) An operator must be trained in the proper use of
child safety restraints as set forth in the National Highway
Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses."
(12) (13) Annual certification of the requirements listed
in this paragraph must be maintained under separate file at the
business location for each operator licensed under this
paragraph and subdivision 2, paragraph (b), clause (5). The
business manager, school board, governing body of a nonpublic
school, or any other entity that owns, leases, or contracts for
the school bus operating under this paragraph is responsible for
maintaining these files for inspection.
(13) (14) The school bus must bear a current certificate of
inspection issued under section 169.451.
(14) (15) The word "School" on the front and rear of the
bus must be covered by a sign that reads "Activities" when the
bus is being operated under authority of this paragraph.
[EFFECTIVE DATE.] This section is effective August 1, 2003.
Sec. 39. Minnesota Statutes 2002, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, subdivision 2; 171.18, except
subdivision 1, clause (10); or 171.182, or who has been
disqualified from holding a commercial driver's license under
section 171.165, and (2) a person whose driver's license has
been suspended under section 171.186 and who is not exempt from
such a fee, must pay a fee of $20.
(b) Before the license is reinstated, a person whose
license has been suspended or revoked under sections 169.791 to
169.798 must pay a $20 reinstatement fee.
(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.
(d) A suspension may be rescinded without fee for good
cause.
Sec. 40. Minnesota Statutes 2002, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.]
(a) A person whose driver's license has been revoked as provided
in subdivision 1, except under section 169A.52, 169A.54, or
609.21, shall pay a $30 fee before the driver's license is
reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169A.52, 169A.54, or
609.21, shall pay a $250 fee plus a $40 surcharge before the
driver's license is reinstated. Beginning July 1, 2002, the
surcharge is $145. Beginning July 1, 2003, the surcharge is
$380 $430. The $250 fee is to be credited as follows:
(1) Twenty percent must be credited to the trunk highway
fund.
(2) Sixty-seven percent must be credited to the general
fund.
(3) Eight percent must be credited to a separate account to
be known as the bureau of criminal apprehension account. Money
in this account may be appropriated to the commissioner of
public safety and the appropriated amount must be apportioned 80
percent for laboratory costs and 20 percent for carrying out the
provisions of section 299C.065.
(4) Five percent must be credited to a separate account to
be known as the vehicle forfeiture account, which is created in
the special revenue fund. The money in the account is annually
appropriated to the commissioner for costs of handling vehicle
forfeitures.
(c) The revenue from $50 of each surcharge must be credited
to a separate account to be known as the traumatic brain injury
and spinal cord injury account. The money in the account is
annually appropriated to the commissioner of health to be used
as follows: 35 percent for a contract with a 83 percent for
contracts with a qualified community-based organization to
provide information, resources, and support to assist persons
with traumatic brain injury and their families to access
services, and 65 17 percent to maintain the traumatic brain
injury and spinal cord injury registry created in section
144.662. For the purposes of this clause, a "qualified
community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and
their family members. The organization must be registered with
the United States Internal Revenue Service under section
501(c)(3) as a tax-exempt organization and must have as its
purposes:
(i) the promotion of public, family, survivor, and
professional awareness of the incidence and consequences of
traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services
to prevent traumatic brain injury;
(iv) the establishment of education programs for persons
with traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury
through participation in its governance.
No patient's name, identifying information, or identifiable
medical data will be disclosed to the organization without the
informed voluntary written consent of the patient or patient's
guardian or, if the patient is a minor, of the parent or
guardian of the patient.
(c) (d) The remainder of the surcharge must be credited to
a separate account to be known as the remote electronic
alcohol-monitoring program account. The commissioner shall
transfer the balance of this account to the commissioner of
finance on a monthly basis for deposit in the general fund.
(d) (e) When these fees are collected by a licensing agent,
appointed under section 171.061, a handling charge is imposed in
the amount specified under section 171.061, subdivision 4. The
reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 171.061,
subdivision 4.
Sec. 41. Minnesota Statutes 2002, section 174.03, is
amended by adding a subdivision to read:
Subd. 9. [FORECAST OF REVENUES AND EXPENDITURES.] In
cooperation with the department of finance and as required by
section 16A.103, the commissioner shall prepare in February and
November of each year a forecast of highway user tax
distribution fund and trunk highway fund revenues and
expenditures. The forecast must include an analysis of economic
information and the potential impact on highway user fund
revenues, historical growth rate information, and other
variables affecting revenue assumptions and forecasted future
growth rates. The forecast must include an analysis of trunk
highway bonding and the necessary debt service payments, and
assumptions regarding federal transportation funds. The
commissioner shall review the forecast information with the
chairs of the senate and house of representatives committees
with jurisdiction over finance, ways and means, and
transportation finance and with legislative fiscal staff no
later than two weeks before the forecast is released and shall
inform the chairs and staff of changes made from previous
forecasts.
Sec. 42. Minnesota Statutes 2002, section 174.24,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit
participation program is established to carry out the objectives
stated in section 174.21 by providing financial assistance from
the state, including the greater Minnesota transit fund
established in section 16A.88, to eligible recipients outside of
the metropolitan area.
Sec. 43. Minnesota Statutes 2002, section 174.24,
subdivision 3b, is amended to read:
Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner
shall determine the total operating cost of any public transit
system receiving or applying for assistance in accordance with
generally accepted accounting principles. To be eligible for
financial assistance, an applicant or recipient shall provide to
the commissioner all financial records and other information and
shall permit any inspection reasonably necessary to determine
total operating cost and correspondingly the amount of
assistance which that may be paid to the applicant or recipient.
Where more than one county or municipality contributes
assistance to the operation of a public transit system, the
commissioner shall identify one as lead agency for the purpose
of receiving money under this section.
(b) Prior to distributing operating assistance to eligible
recipients for any contract period, the commissioner shall place
all recipients into one of the following classifications:
urbanized area service, small urban area service, rural area
service, and elderly and handicapped service. The commissioner
shall distribute funds under this section so that the percentage
of total operating cost paid by any recipient from local sources
will not exceed the percentage for that recipient's
classification, except as provided in an undue hardship case.
The percentages must be: for urbanized area service and small
urban area service, 40 20 percent; for rural area service, 35 15
percent; and for elderly and handicapped service, 35 15 percent.
The remainder of the total operating cost will be paid from
state funds less any assistance received by the recipient from
any federal source. For purposes of this subdivision "local
sources" means payments under section 174.242 plus all local
sources of funds and includes all operating revenue, tax levies,
and contributions from public funds, except that the
commissioner may exclude from the total assistance contract
revenues derived from operations the cost of which is excluded
from the computation of total operating cost. Total operating
costs of the Duluth transit authority or a successor agency
shall does not include costs related to the Superior, Wisconsin
service contract and the independent school district No. 709
service contract. For calendar years 2004 and 2005, to enable
public transit systems to meet the provisions of this section
the commissioner may adjust payments of financial assistance to
recipients that were under a contract with the department on
January 1, 2003. Payments to such a recipient in calendar years
2004 and 2005 from the greater Minnesota transit fund, may not
be less than the payment to the recipient from that fund in
calendar year 2003, except for reductions made necessary by
reductions in base funding for those years.
(c) If a recipient informs the commissioner in writing
after the establishment of these percentages but prior to the
distribution of financial assistance for any year that paying
its designated percentage of total operating cost from local
sources will cause undue hardship, the commissioner may reduce
the percentage to be paid from local sources by the recipient
and increase the percentage to be paid from local sources by one
or more other recipients inside or outside the classification,
provided that no recipient shall have its. However, the
commissioner may not reduce or increase any recipient's
percentage thus reduced or increased under this paragraph for
more than two years successively. If for any year the funds
appropriated to the commissioner to carry out the purposes of
this section are insufficient to allow the commissioner to pay
the state share of total operating cost as provided in this
paragraph, the commissioner shall reduce the state share in each
classification to the extent necessary.
Sec. 44. Minnesota Statutes 2002, section 174.24,
subdivision 5, is amended to read:
Subd. 5. [METHOD OF PAYMENT, OPERATING ASSISTANCE.]
Payments for operating assistance under this section shall must
be made in the following manner:
(a) For payments made from the general fund:
(1) 50 percent of the total contract amount in the first
month of operation;
(2) 40 percent of the total contract amount in the seventh
month of operation;
(3) 9 percent of the total contract amount in the 12th
month of operation; and
(4) 1 percent of the total contract amount after the final
audit.
(b) For payments made from the greater Minnesota transit
fund:
(1) 50 percent of the total contract amount in the seventh
month of operation; and
(2) 50 percent of the total contract amount in the 11th
month of operation.
Sec. 45. Minnesota Statutes 2002, section 174.55,
subdivision 2, is amended to read:
Subd. 2. [COMPOSITION.] The major transportation projects
commission is composed of the governor or the governor's
designee; four citizen members appointed by the governor and
serving at the pleasure of the governor; seven senators
appointed by the subcommittee on committees of the committee on
rules and administration, three of whom must not be members of
the senate majority party; and seven members of the house of
representatives appointed by the speaker, three of whom must not
be members of the house majority party. The commissioner of
transportation shall serve as a nonvoting member unless the
commissioner is the governor's designee. The commission shall
elect a chair from among its members. Nongovernment members of
the commission shall receive compensation in accordance with
section 15.059, subdivision 3. The commission expires June 30,
2003.
Sec. 46. Minnesota Statutes 2002, section 174.64,
subdivision 4, is amended to read:
Subd. 4. [HEARINGS; NOTICE.] With respect to those matters
within the commissioner's jurisdiction, the commissioner shall
receive, hear, and determine all petitions filed with the
commissioner in accordance with the procedures established by
law and may hold hearings and make determinations upon the
commissioner's own motion to the same extent, and in every
instance, in which the commissioner may do so upon petition.
Upon receiving petitions a petition filed pursuant to sections
section 221.121, subdivision 1, or 221.151, and 221.55, the
commissioner shall give notice of the filing of the petition to
representatives of associations or other interested groups or
persons who have registered their names with the commissioner
for that purpose and to whomever the commissioner deems to be
interested in the petition. The commissioner may grant or deny
the request of the petition 30 days after notice of the filing
has been fully given. If the commissioner receives a written
objection and notice of intent to appear at a hearing to object
to the petition from any person within 20 days of the notice
having been fully given, the request of the petition must be
granted or denied only after a contested case hearing has been
conducted on the petition, unless the objection is withdrawn
before the hearing. The commissioner may elect to hold a
contested case hearing if no objections to the petition are
received. If a timely objection is not received, or if received
and withdrawn, and the request of the petition is denied without
hearing, the petitioner may request within 30 days of receiving
the notice of denial, and must be granted, a contested case
hearing on the petition.
Sec. 47. Minnesota Statutes 2002, section 275.71,
subdivision 5, is amended to read:
Subd. 5. [PROPERTY TAX LEVY LIMIT.] Notwithstanding any
other provision of a municipal charter which limits ad valorem
taxes to a lesser amount, or which would require a separate
voter approval for any increase, for taxes levied in 2001 and
2002, the property tax levy limit for a local governmental unit
is equal to its adjusted levy limit base determined under
subdivision 4 plus any additional levy authorized under section
275.73, which is levied against net tax capacity, reduced by the
sum of (i) the total amount of aids and reimbursements that the
local governmental unit is certified to receive under sections
477A.011 to 477A.014, except for the increases in city aid bases
in calendar year 2002 under section 477A.011, subdivision 36,
paragraphs (n), (p), and (q), (ii) homestead and agricultural
aids it is certified to receive under section 273.1398, (iii)
taconite aids under sections 298.28 and 298.282 including any
aid which was required to be placed in a special fund for
expenditure in the next succeeding year, and (iv) low-income
housing aid under sections 477A.06 and 477A.065, and (v)
property tax replacement aids under section 174.242.
Sec. 48. Minnesota Statutes 2002, section 297B.09,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected
and received under this chapter must be deposited as provided in
this subdivision.
(b) From July 1, 2001, to June 30, 2002, 30.86 percent of
the money collected and received must be deposited in the
highway user tax distribution fund, and the remaining money must
be deposited in the general fund.
(c) On and after From July 1, 2002, to June 30, 2003, 32
percent of the money collected and received must be deposited in
the highway user tax distribution fund, 20.5 percent must be
deposited in the metropolitan area transit fund under section
16A.88, and 1.25 percent must be deposited in the greater
Minnesota transit fund under section 16A.88. In fiscal year
2004 and thereafter, two percent of the money collected and
received must be deposited in the metropolitan area transit
appropriation account under section 16A.88. The remaining money
must be deposited in the general fund.
(c) From July 1, 2003, to June 30, 2007, 30 percent of the
money collected and received must be deposited in the highway
user tax distribution fund, 21.5 percent must be deposited in
the metropolitan area transit fund under section 16A.88, 1.43
percent must be deposited in the greater Minnesota transit fund
under section 16A.88, 0.65 percent must be deposited in the
county state-aid highway fund, and 0.17 percent must be
deposited in the municipal state-aid street fund. The remaining
money must be deposited in the general fund.
(d) On and after July 1, 2007, 32 percent of the money
collected and received must be deposited in the highway user tax
distribution fund, 20.5 percent must be deposited in the
metropolitan area transit fund under section 16A.88, and 1.25
percent must be deposited in the greater Minnesota transit fund
under section 16A.88. The remaining money must be deposited in
the general fund.
Sec. 49. Minnesota Statutes 2002, section 299A.465,
subdivision 4, is amended to read:
Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public
employer subject to this section may annually apply by August 1
for the preceding fiscal year to the commissioner of public
safety for reimbursement to help defray a portion of its costs
of complying with this section. The commissioner shall provide
reimbursement an equal pro rata share to the public employer out
of the public safety officer's benefit account based on the
availability of funds for each eligible officer, firefighter,
and qualifying dependents. Individual shares must not exceed
the actual costs of providing coverage under this section by a
public employer.
Sec. 50. [299A.77] [ALCOHOL ENFORCEMENT ACCOUNT.]
(a) An alcohol enforcement account is created in the
special revenue fund, consisting of money credited to the
account by law. Money in the account may be appropriated by law
for (1) costs of the alcohol and gambling division related to
administration and enforcement of sections 340A.403, subdivision
4; 340A.414, subdivision 1a; and 340A.504, subdivision 7; and
(2) costs of the state patrol.
(b) The commissioner shall transfer from the account to the
trunk highway fund $3,500,000 in fiscal year 2004 and $3,700,000
in fiscal year 2005, or so much thereof as is necessary to pay
costs of adding state patrol positions.
Sec. 51. [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES;
GENERAL.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of sections
299A.80 to 299A.802, the terms defined in this subdivision have
the meanings given them.
(b) "Administrative agent" means a person or entity
licensed by or granted authority by the commissioner of public
safety under:
(1) section 168.33 as a deputy registrar;
(2) section 168C.11 as a deputy registrar of bicycles; or
(3) section 171.061 as a driver's license agent.
(c) "Other authority" means licenses, orders, stipulation
agreements, settlements, or compliance agreements adopted or
issued by the commissioner of public safety.
(d) "Commissioner" means the commissioner of public safety.
(e) "License" means a license, permit, registration,
appointment, or certificate issued or granted to an
administrative agent by the commissioner of public safety.
Subd. 2. [APPLICABILITY.] Sections 299A.80 to 299A.802
apply to administrative agents licensed by or subject to other
authority of the commissioner.
Subd. 3. [CUMULATIVE REMEDY.] The authority of the
commissioner to issue a corrective order or assess an
administrative penalty under sections 299A.80 to 299A.802 is in
addition to other remedies available under statutory or common
law, except that the state may not seek a civil penalty under
any other law for a violation covered by an administrative
penalty order. The payment of a penalty does not preclude the
use of other enforcement provisions, under which civil fines are
not assessed, in connection with the violation for which the
penalty was assessed.
Subd. 4. [ACCESS TO INFORMATION AND PROPERTY.] The
commissioner, an employee, or an agent authorized by the
commissioner, upon presentation of credentials, may:
(1) examine and copy any books, papers, records, memoranda,
or data of an administrative agent; and
(2) enter upon any property where an administrative agent
conducts its place of business to take actions authorized under
statute, rule, or other authority, including (i) obtaining
information from an administrative agent who has a duty to
provide information under statute, rule, or other authority, (ii)
taking steps to remedy violations, or (iii) conducting surveys
or investigations.
Subd. 5. [FALSE INFORMATION.] (a) An administrative agent
may not:
(1) make a false material statement, representation, or
certification in a required document;
(2) omit material information from a required document; or
(3) alter, conceal, or fail to file or maintain a required
document.
(b) In this section, "required document" means a notice,
application, record, report, plan, or other document required
under statute, rule, or other authority.
Subd. 6. [ENFORCEMENT.] (a) The attorney general may
proceed on behalf of the state to enforce administrative
penalties that are due and payable under section 299A.802 in any
manner provided by law for the collection of debts.
(b) The attorney general may petition the district court to
file a final administrative penalty order as an order of the
court. At any court hearing to enforce a final administrative
penalty order, the only issues the parties may contest are
procedural and notice issues. Once entered, the administrative
penalty order may be enforced in the same manner as a final
judgment of the district court. This paragraph does not
preclude district court review of the merits of an
administrative penalty order if the order is appealed by the
administrative agent under section 299A.802, subdivision 5.
(c) If an administrative agent fails to pay an
administrative penalty, the attorney general may bring a civil
action in district court seeking payment of the penalty,
injunctive relief, or other appropriate relief including
monetary damages, attorney fees, costs, and interest.
Subd. 7. [RECOVERY OF REASONABLE COSTS AND ATTORNEY
FEES.] (a) In any judicial action brought by the attorney
general for civil penalties, injunctive relief, or an action to
compel performance pursuant to this section, if the state
finally prevails, and if the proven violation was willful, the
state, in addition to other penalties provided by law, may be
allowed an amount determined by the court to be the reasonable
value of all or part of the costs and attorney fees incurred by
the state or the prevailing party. In determining the amount of
the reasonable costs and attorney fees to be allowed, the court
must give consideration to the economic circumstances of the
defendant.
(b) However, if a defendant prevails, the court may award
the reasonable value of all or part of the reasonable costs and
attorney fees incurred by the defendant.
Subd. 8. [EDUCATION AND COMPLIANCE ACCOUNT; MONEY
ALLOCATED.] An education and compliance account is created for
the deposit of administrative penalty order receipts. Of the
funds deposited in this account, $5,000 each year is
appropriated to the commissioner for education and compliance
activities related to the regulated parties affected by this
chapter. At the end of each biennium, all money not expended
lapses to the general fund.
Subd. 9. [PLAN FOR USING ADMINISTRATIVE PENALTIES AND
CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a
plan for using the administrative penalty order and cease and
desist authority in this section. The commissioner shall
provide a 30-day period for public comment on the plan. The
plan must be finalized by July 1, 2004, and may be modified as
necessary upon subsequent notice and opportunity for comment.
Sec. 52. [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.]
Subdivision 1. [CORRECTIVE ORDERS.] (a) Before seeking an
administrative penalty order under section 299A.802, the
commissioner must issue a corrective order that requires the
administrative agent to correct the violation of statute, rule,
or other authority. The corrective order must state the
deficiencies that constitute the violation of the specific
statute, rule, or other authority, and the time by which the
violation must be corrected. In addition to service by
certified mail on the administrative agent, a copy of the
corrective order must be given to the county auditor in the
county where the administrative agent is located.
(b) The administrative agent to whom the corrective order
was issued shall provide information to the commissioner, by the
due date stated in the corrective order, demonstrating that the
violation has been corrected or that the administrative agent
has developed a corrective plan acceptable to the commissioner.
The commissioner must determine whether the violation has been
corrected and notify the administrative agent subject to the
order of the commissioner's determination.
(c) If the administrative agent believes that the
information contained in the commissioner's corrective order is
in error, the administrative agent may ask the commissioner to
reconsider the parts of the corrective order that are alleged to
be in error. The request must:
(1) be in writing;
(2) be delivered to the commissioner by certified mail
within seven calendar days after receipt of the corrective
order;
(3) specify which parts of the corrective order are alleged
to be in error and explain why they are in error; and
(4) provide documentation to support the allegation of
error.
(d) The commissioner shall respond to requests made under
paragraph (c) within 15 calendar days after receiving a
request. A request for reconsideration does not stay the
corrective order; however, after reviewing the request for
reconsideration, the commissioner may provide additional time to
comply with the order if necessary. The commissioner's
disposition of a request for reconsideration of a corrective
order is final.
Subd. 2. [CEASE AND DESIST ORDER.] The commissioner, or an
employee of the department designated by the commissioner, may
issue an order to cease an activity otherwise authorized by
statute, rule, or other authority if continuation of the
activity would result in an immediate risk to public safety. A
cease and desist order issued under this subdivision is
effective for a maximum of 72 hours. In conjunction with
issuing the cease and desist order, the commissioner may post a
sign to cease an activity until the cease and desist order is
lifted and the sign is removed by the commissioner. To restrain
activities for a period beyond 72 hours, the commissioner must
seek an injunction or take other administrative action
authorized by law. The issuance of a cease and desist order
does not preclude the commissioner from pursuing any other
enforcement action available to the commissioner.
Subd. 3. [ACTION FOR INJUNCTIVE RELIEF.] In addition to
any other remedy provided by law, the commissioner may bring an
action for injunctive relief in the district court in Ramsey
county or, at the commissioner's discretion, in the district
court in the county in which a violation of a statute, rule, or
other authority has occurred to enjoin the violation.
Sec. 53. [299A.802] [ADMINISTRATIVE PENALTY ORDERS.]
Subdivision 1. [GENERAL.] The commissioner may issue an
administrative penalty order for a violation of statute, rule,
or other authority if an administrative agent has failed to
comply with a corrective order issued under section 299A.801
related to that violation. The maximum amount of an
administrative penalty order is $10,000 for each administrative
agent for all violations identified in an inspection or review
of compliance. In addition to service by certified mail on the
administrative agent, a copy of the administrative penalty order
must be given to the county auditor in the county where the
administrative agent is located.
Subd. 2. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In
determining the amount of a penalty to be assessed under this
section, the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to
consumers or the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the administrative agent
by allowing or committing the violation; and
(6) other factors as justice may require, if the
commissioner specifically identifies the additional factors in
the commissioner's order.
(b) If an administrative agent violates a corrective order
after a violation of a previous corrective order, the
commissioner, in determining the amount of a penalty, must
consider the factors in paragraph (a) and the following factors:
(1) similarity of the most recent previous violation of a
corrective order and the violation to be penalized;
(2) time elapsed since the last violation of a corrective
order;
(3) number of previous violations; and
(4) response of the administrative agent to the most recent
previous violation identified.
Subd. 3. [CONTENTS OF ORDER.] An administrative penalty
order under this section must include:
(1) a concise statement of the facts alleged to constitute
a violation;
(2) a reference to the portion of the statute, rule,
variance, order, or stipulation agreement or the term or
condition of a permit that has been violated;
(3) a description of the violation of the corrective order
that forms the basis for issuance of the administrative penalty
order;
(4) a statement of the amount of the administrative penalty
to be imposed and the factors upon which the penalty is based;
and
(5) a statement of the administrative agent's right to
review and appeal of the administrative penalty order.
Subd. 4. [DUE DATE.] (a) Unless the administrative agent
requests review of the administrative penalty order under
subdivision 5 before the penalty is due, the penalty in the
order is due and payable on the 31st day after the
administrative penalty order was received, if the administrative
agent subject to the order fails to provide information to the
commissioner showing that the violation has been corrected or
that appropriate steps have been taken toward correcting the
violation. These requirements may be waived or extended by the
commissioner.
(b) Interest at the rate established in section 549.09
begins to accrue on penalties under this subdivision on the 31st
day after the order with the penalty was received, unless waived
by the commissioner.
Subd. 5. [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30
days after receiving an administrative penalty order, the
administrative agent subject to an order under this section may
request an expedited hearing, using the procedures of Minnesota
Rules, parts 1400.8510 to 1400.8612, or their successor rules,
to review the commissioner's action. The hearing request must
specifically state the reasons for seeking review of the
administrative penalty order. The administrative agent to whom
the administrative penalty order is directed and the
commissioner are the parties to the expedited hearing. At least
15 days before the hearing, the commissioner shall notify the
administrative agent to whom the administrative penalty order is
directed of the time and place of the hearing. The expedited
hearing must be held within 30 days after a request for hearing
has been filed with the commissioner unless the parties agree to
a later date.
(b) All written arguments must be submitted within ten days
following the close of the hearing. The hearing must be
conducted under Minnesota Rules, parts 1400.8510 to 1400.8612,
or their successor rules, as modified by this subdivision. The
office of administrative hearings, in consultation with the
agency, may adopt rules specifically applicable to cases under
this section.
(c) Within 30 days following the close of the record, the
administrative law judge shall issue a report making
recommendations about the commissioner's action to the
commissioner. The administrative law judge may not recommend a
change in the amount of the proposed administrative penalty
unless the administrative law judge determines that, based on
the factors in subdivision 1, the amount of the administrative
penalty is unreasonable.
(d) If the administrative law judge makes a finding that
the hearing was requested solely for purposes of delay or that
the hearing request was frivolous, the commissioner may add to
the amount of the administrative penalty the costs charged to
the agency by the office of administrative hearings for the
hearing.
(e) If a hearing has been held, the commissioner may not
issue a final order until at least five days after receipt of
the report of the administrative law judge. Within those five
days, the administrative agent to whom an administrative penalty
order is issued may comment to the commissioner on the
recommendations and the commissioner shall consider the
comments. The final administrative penalty order may be
appealed to the district court for a de novo review of the order.
(f) If a hearing has been held and a final administrative
penalty order issued by the commissioner, the administrative
penalty must be paid by 30 days after the date the final order
is received unless it is appealed to the district court. If an
appeal is not taken or the administrative penalty order is
upheld on appeal, the amount due is the administrative penalty,
together with interest accruing from 31 days after the original
order was received, at the rate established in section 549.09.
Subd. 6. [MEDIATION.] In addition to review under
subdivision 5, the commissioner may enter into mediation
concerning an order issued under this section if the
commissioner and the administrative agent to whom the order is
issued both agree to mediation.
Sec. 54. Minnesota Statutes 2002, section 299E.01, is
amended by adding a subdivision to read:
Subd. 6. [VEHICLE TOWING.] Towing policy and practice for
vehicles in public parking spaces within the capitol complex
must conform to provisions of section 169.041.
Sec. 55. Minnesota Statutes 2002, section 299E.03,
subdivision 3, is amended to read:
Subd. 3. [EXPIRATION AND COMPENSATION.] Notwithstanding
section 15.059, The oversight committee does not expire expires
June 30, 2004. Committee members may not receive compensation
for serving, but may receive expense reimbursements as provided
in section 15.059.
Sec. 56. [331A.12] [WEB SITE PUBLICATION OF LOCAL
TRANSPORTATION RFP.]
Subdivision 1. [DEFINITIONS.] (a) The terms defined in
this subdivision and section 331A.01 apply to this section.
(b) "Web site" means a specific, addressable location
provided on a server connected to the Internet and hosting World
Wide Web pages and other files that are generally accessible on
the Internet all or most of the day.
Subd. 2. [DESIGNATION.] At the meeting of the governing
body of the local public corporation at which the governing body
must designate its official newspaper for the year, the
governing body may designate in the same manner publication of
transportation projects on the local public corporation's Web
site. Publication on the Web site may be used in place of or in
addition to any other required form of publication. Each year
after designating publication on the Web site for transportation
projects, the local public corporation must publish in a
qualified newspaper in the jurisdiction and on the Web site,
notice that the local public corporation will publish any
advertisements for bids on its Web site.
Subd. 3. [FORM, TIME FOR PUBLICATION SAME.] A local public
corporation that publishes on its Web site under this section
must post the information in substantially the same format and
for the same period of time as required for publication in an
official newspaper or another other print publication.
Subd. 4. [RECORD RETENTION.] A local public corporation
that publishes notice on its Web site under this section must
ensure that a permanent record of publication is maintained in a
form accessible by the public.
Sec. 57. Minnesota Statutes 2002, section 340A.403, is
amended by adding a subdivision to read:
Subd. 4. [NOTICE TO COMMISSIONER.] Within ten days of the
issuance of a license under this section, a municipality shall
inform the commissioner, on a form the commissioner prescribes,
of the licensee's name and address and trade name, the effective
date and expiration date of the license, and any other
information on the license the commissioner requires.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 58. Minnesota Statutes 2002, section 340A.414, is
amended by adding a subdivision to read:
Subd. 1a. [ADDITIONAL AUTHORIZATION.] A holder of a
consumption and display permit under this section who wishes to
allow the consumption and display of intoxicating liquor between
the hours of 1:00 a.m. and 2:00 a.m. must obtain authorization
to do so from the commissioner. The authorization may be
provided in a document issued to the permit holder by the
commissioner, or by a notation on the permit holder's permit.
Authorizations are valid for one year from the date of
issuance. The annual fee for obtaining authorization is $200.
The commissioner shall deposit all fees received under this
subdivision in the alcohol enforcement account in the special
revenue fund. A person who holds a consumption and display
permit and who also holds a license to sell alcoholic beverages
at on-sale at the same location is not required to obtain an
authorization under this subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 59. Minnesota Statutes 2002, section 340A.504, is
amended by adding a subdivision to read:
Subd. 7. [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No
licensee may sell intoxicating liquor or 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner.
Application for the permit must be on a form the commissioner
prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the
permit is based on the licensee's gross receipts from on-sales
of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $200;
(2) over $100,000 but not over $500,000 in gross receipts,
$500; and
(3) over $500,000 in gross receipts, $600.
For a licensed retailer of intoxicating liquor who did not sell
intoxicating liquor at on-sale for a full 12 months prior to the
month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received
under this subdivision in the alcohol enforcement account in the
special revenue fund.
(c) Notwithstanding any law to the contrary, the
commissioner of revenue may furnish to the commissioner the
information necessary to administer and enforce this subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 60. [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP
ROADS.]
Whenever a municipality annexes property abutting one side
of a township road, the segment of road abutting the annexed
property must be treated as a line road and is subject to
section 164.14. Whenever a municipality annexes the property on
both sides of a township road, that portion of road abutting the
annexed property ceases to be a town road and becomes the
obligation of the annexing municipality. This section does not
prohibit the annexing municipality from contracting with the
township for continued maintenance of the road. Any portion of
a township road that ceases to be a township road pursuant to
this section may still be counted as a township road for the
road-and-bridge account revenues for the year in which the
annexation occurs.
Sec. 61. [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.]
If a municipality annexes property in which the affected
township holds any easement for the benefit of the public, the
township's easement interest continues unless otherwise agreed
to by the township.
Sec. 62. Laws 1999, chapter 238, article 1, section 2,
subdivision 2, is amended to read:
Subd. 2. Aeronautics 19,327,000 19,410,000
Summary by Fund
Airports 19,266,000 19,349,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Except as otherwise provided, the
appropriations in this subdivision are
from the state airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
2000 2001
13,948,000 13,948,000
$12,846,000 the first year and
$12,846,000 the second year are for
navigational aids, construction grants,
and maintenance grants. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
These appropriations must be spent in
accordance with Minnesota Statutes,
section 360.305, subdivision 4.
Notwithstanding Minnesota Statutes,
section 16A.28, subdivision 6, funds
are available for five years after
appropriation.
(b) Aviation Support
5,247,000 5,329,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
(c) Air Transportation Services
132,000 133,000
Summary by Fund
Airports 71,000 72,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Sec. 63. Laws 2000, chapter 433, section 4, is amended to
read:
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day following final
enactment and are repealed June 1, 2003.
Sec. 64. Laws 2001, chapter 97, section 5, is amended to
read:
Sec. 5. [EFFECTIVE DATE; EXPIRATION.]
(a) Sections 1 to 4 are effective July 1, 2001.
(b) The amendments in sections 3 and 4 to Minnesota
Statutes, section 171.02, expire July 1, 2003.
(c) The amendment in section 1 to Minnesota Statutes,
section 169.01, subdivision 75, expires July 1, 2003.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 65. Laws 2001, First Special Session chapter 8,
article 1, section 2, subdivision 2, is amended to read:
Subd. 2. Aeronautics 20,748,000 20,489,000
Summary by Fund
Airports 20,687,000 20,428,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Except as otherwise provided, the
appropriations in this subdivision are
from the state airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
14,298,000 14,298,000
These appropriations must be spent
according to Minnesota Statutes,
section 360.305, subdivision 4.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Notwithstanding Minnesota Statutes,
section 16A.28, subdivision 6, funds
are available for five years after
appropriation.
(b) Aviation Support
6,315,000 6,053,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
$600,000 each year is for GPS
navigation systems. Of this amount,
$250,000 each year adds to the agency's
budget base.
$400,000 the first year and $50,000 the
second year are for the development of
on-line aircraft registration
capabilities.
(c) Air Transportation Services
135,000 138,000
Summary by Fund
Airports 74,000 77,000
General 50,000 50,000
Trunk Highway 11,000 11,000
The commissioner shall take all
feasible actions to seek a waiver from
the appropriate federal authorities
that would allow the commissioner to
sell the airplane described in Laws
1997, chapter 159, article 1, section
2, subdivision 2, clause (c). Any
proceeds from the sale of the airplane
must be deposited in the general fund.
Sec. 66. [TRANSFER FROM LOAN FUND.]
The commissioner of finance shall transfer to the general
fund $8,200,000 of the money appropriated to the transportation
revolving loan fund under Laws 2000, chapter 479, article 1,
section 6, subdivision 2. This transfer must be made at the
rate of $4,100,000 each year of the 2004-2005 biennium.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 67. [REST AREA PROGRAM; REPORT.]
The commissioner of transportation shall report to the
chairs of the legislative committees with jurisdiction over
transportation policy and finance by January 30, 2004, on the
status of the department's highway rest area program. The
report must include:
(1) adequacy of funding for the program;
(2) all rest area closings and hours of service reductions
implemented and planned for the 2004-05 biennium;
(3) steps that the commissioner has taken or plans to make
to allow leasing of rest areas to private entities or operation
of rest areas by private entities, including provisions that the
commissioner has made or intends to make to promote the
employment of needy elderly persons at rest areas and preserve
contracts under Minnesota Statutes, section 248.07.
Sec. 68. [STUDY; USE OF CENTERLINE RUMBLE STRIPS.]
The commissioner of transportation shall study the
feasibility and practicability of:
(1) including milled-in rumble strips on the centerline of
the highway in all projects for the construction,
reconstruction, or resurfacing of two-lane trunk highways; and
(2) requiring that all projects for the construction,
reconstruction, or resurfacing of two-lane county state-aid
highways include milled-in rumble strips on the centerline of
the highway.
Sec. 69. [TRANSFERS.]
The commissioner of finance shall transfer $155,000 from
the remaining balance in the alcohol-impaired driver education
account in the special revenue fund to the general fund.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 70. [HUBBARD MARKETPLACE TRANSIT HUB.]
Until June 30, 2005, the metropolitan council is prohibited
from reducing the level of public access to services and
facilities at Hubbard Marketplace transit station, in the city
of Robbinsdale, as long as Hubbard Marketplace continues to be
operated as a transit station.
Sec. 71. [BUS RAPID TRANSIT STUDY.]
Subdivision 1. [STUDY REQUIRED.] The department of
transportation shall conduct a study on the feasibility of
implementing a bus rapid transit (BRT) system in the I-35W
corridor from downtown Minneapolis through south Minneapolis and
the cities of Richfield, Bloomington, Burnsville, and
Lakeville. Bus rapid transit systems are those systems that
provide for significantly faster operating bus speeds,
integrated service, greater service reliability, and increased
convenience through investments in bus infrastructure,
equipment, technology, and operational improvements.
Subd. 2. [STUDY REQUIREMENTS.] The study must, at a
minimum, include an analysis of the benefits and costs of
implementing a bus rapid transit system that includes the
following:
(1) frequent operation of buses on exclusive or
near-exclusive right-of-way on marked interstate highway 35W;
(2) changes in bus or platform design and fare collection
that provide for faster convenient boarding;
(3) station locations that are adjacent to, or easily
accessible from, the exclusive right-of-way;
(4) traffic management improvements and traffic signal
preemption on local streets within the I-35W corridor; and
(5) changes to existing transit services to provide for
timely connections and transfers.
Subd. 3. [STUDY RECOMMENDATIONS.] The study must recommend:
(1) options for implementing bus rapid transit in the I-35W
corridor;
(2) the associated cost of each option; and
(3) the anticipated benefits in terms of reduced travel
times, increased ridership, increased mobility, and impacts on
congestion levels within the corridor.
The study must be submitted by December 10, 2004, to the
house of representatives and senate committees with jurisdiction
over transportation policy and finance.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 72. [REQUEST FOR PROPOSALS.]
Notwithstanding Minnesota Statutes, section 473.4051, the
metropolitan council must prepare a request for proposals to
operate in whole or in part the Hiawatha light rail transit
line. The request must invite proposals from vendors from
within and outside of Minnesota. The metropolitan council must
consult with the commissioner of administration in preparing the
request. The council must obtain an internal competitive
proposal from its own metropolitan transit operations division.
The department of administration, in consultation with the
department of finance and the Hennepin county regional rail
authority, must evaluate the proposals received in a report to
the council. The council must take into consideration the
evaluations of the commissioner in determining whether it is
more advantageous to contract with a vendor for the operating
services, and if so, which vendor to select. If the council
determines it is more advantageous to contract with a vendor for
the operating services it must select a vendor not later than
December 1, 2003. Minnesota Statutes, section 473.392, does not
apply to the procurement by the council of operating services
for the Hiawatha light rail transit line.
Sec. 73. [ITASCA COUNTY; LAND EXCHANGE.]
Notwithstanding Minnesota Statutes, section 373.01,
subdivision 1, Itasca county may exchange a parcel or parcels of
real property of substantially similar or equal value without
advertising for bids to acquire real property for maintenance
facilities directly related to county highways. The estimated
value of the parcels exchanged must be determined by the Itasca
county assessor, and the exchange must otherwise comply with
Minnesota Statutes, section 373.01, and other applicable law.
[EFFECTIVE DATE.] This section is effective immediately
without local approval, because it enables a local government
unit to exercise authority not granted by general law as
provided in Minnesota Statutes, section 645.023, subdivision 1,
paragraph (a).
Sec. 74. [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"southwest transit way corridor" means the southwest transit way
corridor between Minneapolis and Eden Prairie as identified by
the Hennepin county regional rail authority in its southwest
corridor rail transit study.
Subd. 2. [PROHIBITIONS.] Until July 1, 2005, neither the
commissioner of transportation, the metropolitan council, nor
the Hennepin county regional rail authority may take any action
or spend any money for preliminary engineering, final design, or
construction for light rail or commuter rail transit in the
southwest transit way corridor.
Sec. 75. [NORTHSTAR COMMUTER RAIL STUDY.]
The commissioner of transportation, in conjunction with the
Northstar Corridor Development Authority, shall convene a work
group to further study the feasibility of constructing the
Northstar commuter rail. The work group shall update ridership
forecasts for the commuter rail based on 2000 census data and
seek updated information from the Burlington Northern Santa Fe
railroad regarding capacity improvements, railroad usage rights,
construction, risk and liability allocation, and other related
issues. By January 15, 2004, the commissioner shall report the
work group's findings to the chairs and ranking members of the
legislative committees having jurisdiction over transportation
and capital investment. The commissioner of transportation
shall not pay for any outside consultant expenses related to
this work.
Sec. 76. [COMMISSIONER OF REVENUE; STUDY.]
(a) The commissioner of revenue, in consultation with the
hospitality industry, shall conduct a study to determine the
amount of annual increase in state tax revenue that is
attributable to changes in the hours of permissible sale of
alcoholic beverages. The commissioner shall report the results
of the study to the governor and legislature by January 15, 2005.
(b) If the study determines that the amount of the annual
increase is at least $3,850,000 during the period studied, the
commissioner shall so report to the secretary of state.
Sec. 77. [PARTICIPATION IN METROPOLITAN AIRPORTS
COMMISSION TAXICAB ADVISORY COMMITTEE.]
To the extent the metropolitan airports commission
maintains a taxicab advisory committee, the commission must
allow for full public comment and participation of any
individual, association, or other entity within the taxicab
industry. The commission may not prohibit participation of any
representative of a taxicab owner, taxicab company, or
association that qualifies to be a member of the taxicab
advisory committee. This section expires June 30, 2005.
Sec. 78. 2003 House File No. 719, section 30, if enacted,
is amended to read:
Sec. 30. [EFFECTIVE DATE.]
Sections 1 to 9 and 13 to 29 are effective the day
following final enactment. Sections 10 to 12 are effective July
1, 2003.
Sec. 79. [REPEALER.]
Subdivision 1. [STATUTES.] Minnesota Statutes 2002,
sections 162.09, subdivision 5; 169.794; 169.799; 174.025;
174.031; 174.242; 221.165; 221.54; and 221.55, are repealed.
Subd. 2. [RULES.] Minnesota Rules, parts 7403.1300;
7413.0400; 7413.0500; 7800.0100, subparts 1, 3, and 5;
7800.0500; 7800.0700; 7800.1400; 7800.1500; 7800.1600;
7800.1700; 7800.3100; 7800.3900; 7800.4810; 7805.0800;
8800.0100, subparts 7 and 36; 8800.1200, subpart 3; 8800.3500;
8800.3700; 8800.4000; 8810.4200; 8810.4500; 8810.4600;
8810.4700; 8810.4800; 8810.4900; 8810.5000; 8810.5100;
8810.5500; 8810.9920; 8810.9921; 8850.6900, subparts 4, 6, 11,
12, and 17; 8850.7000; 8850.7025; 8850.7040; 8850.7100;
8850.7900; 8850.8200; 8850.8900; 8850.9000; 8850.9050, subparts
1 and 2; 8900.0100; 8900.0200; 8900.0300; 8900.0400; 8900.0500;
8900.0600; 8900.0700; 8900.0800; 8900.0900; 8900.1000;
8900.1100; 8910.1000; 8910.2000; 8910.2100; 8910.3000; and
8910.3100, are repealed.
Subd. 3. [OTHER PROVISIONS.] Sections 50, 57, 58, and 59
are repealed on July 1, 2005, provided that the commissioner of
revenue has made the report to the secretary of state of the
determination described in section 76, paragraph (b), by that
date. If no such determination has been made by that date,
sections 50, 57, 58, and 59 remain in effect.
Sec. 80. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, unless otherwise specified.
ARTICLE 3
TRUNK HIGHWAY BONDING
Section 1. [HIGHWAY AND TRANSIT APPROPRIATIONS.]
Subdivision 1. [TRUNK HIGHWAY PROJECTS FINANCED BY STATE
BONDS.] (a) $400,000,000 is appropriated from the bond proceeds
account in the trunk highway fund to the commissioner of
transportation for trunk highway improvements. This
appropriation is for:
(1) trunk highway improvements within the seven-county
metropolitan area primarily for improving traffic flow and
expanding highway capacity by eliminating traffic bottlenecks
and improving segments of at-risk interregional corridors within
the seven-county area; and
(2) trunk highway improvements on at-risk interregional
corridors located outside the seven-county metropolitan area.
These appropriations include the cost of actual payment to
landowners for lands acquired for highway right-of-way, payment
to lessees, interest subsidies, and relocation expenses. Within
each category in clauses (1) and (2), the commissioner shall
spend not less than $25,000,000 on highway safety and capacity
improvement projects including but not limited to the addition
of lanes on trunk highway corridors with known safety problems.
(b) In spending the appropriation under paragraph (a), the
commissioner shall, to the maximum feasible extent, seek to
allocate spending equally between the department of
transportation metropolitan district and the remainder of the
state.
(c) The commissioner of transportation may use up to
$68,500,000 of this appropriation for program delivery.
(d) The commissioner shall use at least $36,000,000 of this
appropriation for accelerating transit capital improvements on
trunk highways such as shoulder bus lanes, bus park-and-ride
facilities, and ramp meter-bypass facilities.
Subd. 2. [REPORT.] The commissioner shall report to the
committees having jurisdiction over transportation finance in
the house of representatives and senate, no later than January
15 of each year through 2007, on projects selected to be funded
by this appropriation. The report must include the geographic
distribution of the selected projects and their adherence to the
criteria and spending allocation goals listed in subdivision 1,
and the location and cost of each project.
Subd. 3. [BOND SALE EXPENSES.] $400,000 is appropriated
from the bond proceeds account in the trunk highway fund to the
commissioner of finance for bond sale expenses under Minnesota
Statutes, section 16A.641, subdivision 8.
Subd. 4. [CANCELLATION.] Any part of the appropriation in
this section that is not encumbered or otherwise obligated by
June 30, 2007, must be canceled to the trunk highway bond
account in the state bond fund.
Sec. 2. [BOND SALE.]
To provide the money appropriated in section 1,
subdivisions 1 and 4, from the bond proceeds account in the
trunk highway fund, the commissioner of finance shall sell and
issue bonds of the state in an amount up to $400,400,000 in the
manner, on the terms, and with the effect prescribed by
Minnesota Statutes, sections 167.50 to 167.52, and by the
Minnesota Constitution, article XIV, section 11, at the times
and in the amounts requested by the commissioner of
transportation. The proceeds of the bonds, except accrued
interest and any premium received from the sale of the bonds,
must be deposited in the bond proceeds account in the trunk
highway fund.
Sec. 3. [ADVANCE CONSTRUCTION.]
(a) Through June 30, 2009, the commissioner of
transportation may spend up to $400,000,000 on trunk highway
improvements from funds approved for expenditure by the Federal
Highway Administration and designated as advance construction
funds.
(b) Any additional advance construction expenditures by the
commissioner approved by the Federal Highway Administration
through June 30, 2009, may be added to the amount in paragraph
(a).
(c) In spending federal funds under paragraphs (a) and (b),
the commissioner shall, to the maximum feasible extent, seek to
allocate spending equally between the department of
transportation metropolitan district and the remainder of the
state.
(d) The commissioner shall report to the chairs of the
senate and house of representatives committees with jurisdiction
over transportation policy and finance by January 15 each year
regarding the use of advance construction funding in the
previous and current fiscal year. The report must include:
(1) an analysis of the impact of the use of advance
construction funding on the trunk highway fund balance and cash
flow;
(2) an estimate of the amount of additional advance
construction funding that is available for use in future fiscal
years and the impact on the department's total road construction
program; and
(3) geographic distribution of spending and compliance with
the spending goal in paragraph (c).
Sec. 4. [GREATER MINNESOTA TRANSIT.]
The commissioner of transportation may spend up to
$5,000,000 through June 30, 2008, in federal transit funds for
capital assistance to public transit systems under Minnesota
Statutes, section 174.24. This amount is in addition to any
appropriations made by law for this purpose.
Sec. 5. [REPORT.]
The commissioner shall report by January 15 of each year
through 2007 to the chairs of the legislative committees with
jurisdiction over transportation policy and finance on (1) how
the department is spending the appropriations in this article
for trunk highway improvements, and (2) the department's plans
to implement trunk highway improvements funded under this
article with current department staffing, and an analysis of the
need for additional staffing and consultant services.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 4 are effective the day following final
enactment.
ARTICLE 4
FISCAL YEAR 2003 APPROPRIATIONS AND TRANSFERS
Section 1. [TRANSPORTATION APPROPRIATIONS AND TRANSFERS.]
The dollar amounts in the columns under "APPROPRIATION
CHANGE" are added to or, if shown in parentheses, are subtracted
from the appropriations in Laws 2001, First Special Session
chapter 8, as amended, or other law to the specified agencies.
The appropriations are from the general fund or other named fund
and are available for the fiscal years indicated for each
purpose. The figure "2003" means that the addition to or
subtraction from the appropriations listed under the figure is
for the fiscal year ending June 30, 2003.
2003
TRANSFERS FROM OTHER FUNDS $ 15,000,000
CANCELLATIONS - GENERAL FUND (110,000,000)
TRUNK HIGHWAY BOND PROCEEDS
ACCOUNT - TRUNK HIGHWAY FUND 110,110,000
APPROPRIATION CHANGE
Sec. 2. TRANSPORTATION 110,000,000
This appropriation is from the trunk
highway bond proceeds account in the
trunk highway fund and is available for
expenditure beginning the day following
final enactment. It is for the same
purposes as specified in Laws 2000,
chapter 479, article 1, section 2,
subdivision 3.
Of the general fund appropriation in
Laws 2000, chapter 479, article 1,
section 2, subdivision 3, $110,000,000
cancels to the general fund. This
cancellation is effective the day
following final enactment.
By June 30, 2003, the commissioner of
finance shall transfer $15,000,000 of
the cash balance in the state airports
fund established in Minnesota Statutes,
section 360.017, to the general fund.
Sec. 3. BOND SALE EXPENSES 110,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8. This
appropriation is from the trunk highway
bond proceeds account in the trunk
highway fund.
Sec. 4. BOND SALE AUTHORIZATION
To provide the money appropriated in
this act from the trunk highway bond
proceeds account in the trunk highway
fund, the commissioner of finance shall
sell and issue bonds of the state in an
amount up to $110,110,000 in the
manner, upon the terms, and with the
effect prescribed by Minnesota
Statutes, sections 167.50 to 167.52,
and by the Minnesota Constitution,
article XIV, section 11, at the times
and in the amount requested by the
commissioner of transportation. The
proceeds of the bonds, except accrued
interest and any premium received on
the sale of the bonds, must be credited
to the trunk highway bond proceeds
account in the trunk highway fund.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 4 are effective the day following final
enactment.
Presented to the governor May 30, 2003
Signed by the governor June 8, 2003, 7:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes