1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             transportation, public safety, and other purposes; 
  1.4             modifying provisions relating to contract awards, land 
  1.5             appraisal, archaeological or historic sites, 
  1.6             high-occupancy vehicle lanes, highways and highway 
  1.7             rest areas, town roads and easements, county cartways, 
  1.8             other transportation corridors, major transportation 
  1.9             projects commission, transit, forecasts of 
  1.10            highway-related revenues and expenditures, a land 
  1.11            exchange, and other transportation-related activities; 
  1.12            providing for fees, surcharges, funds and accounts, 
  1.13            transfers, allocations, and expenditures; modifying 
  1.14            provisions regulating special mobile equipment, 
  1.15            special vehicle license plates, speed limits and other 
  1.16            traffic regulations, vehicle weight limits and other 
  1.17            vehicle regulations, vehicle insurance requirements, 
  1.18            drivers' licenses, capitol complex towing policy, 
  1.19            public safety officer benefit funds, and other 
  1.20            activities related to public safety; authorizing 
  1.21            administrative powers, penalties, and remedies for 
  1.22            public safety purposes; requiring studies and reports; 
  1.23            making technical and clarifying changes; amending 
  1.24            Minnesota Statutes 2002, sections 13.44, subdivision 
  1.25            3; 16A.88, subdivision 1; 117.232, subdivision 1; 
  1.26            138.40, subdivisions 2, 3; 161.08; 161.20, subdivision 
  1.27            3; 163.11, by adding subdivisions; 164.12; 168.011, 
  1.28            subdivision 22; 168.013, subdivision 3; 168.12, 
  1.29            subdivisions 2e, 5; 168.54, subdivision 4; 168A.29, 
  1.30            subdivision 1; 169.14, subdivision 5a; 169.791, 
  1.31            subdivision 1; 169.796, by adding a subdivision; 
  1.32            169.797, subdivision 4a; 169.798, subdivision 1, by 
  1.33            adding a subdivision; 169.826, subdivision 1, by 
  1.34            adding a subdivision; 169.85, subdivision 2; 169.86, 
  1.35            subdivision 5; 171.20, subdivision 4; 171.29, 
  1.36            subdivision 2; 174.03, by adding a subdivision; 
  1.37            174.24, subdivisions 1, 3b, 5; 174.55, subdivision 2; 
  1.38            275.71, subdivision 5; 297B.09, subdivision 1; 
  1.39            299A.465, subdivision 4; 299E.01, by adding a 
  1.40            subdivision; 299E.03, subdivision 3; Laws 1999, 
  1.41            chapter 238, article 1, section 2, subdivision 2; Laws 
  1.42            2000, chapter 433, section 4; Laws 2001, First Special 
  1.43            Session chapter 8, article 1, section 2, subdivision 
  1.44            2; proposing coding for new law in Minnesota Statutes, 
  1.45            chapters 117; 160; 161; 168; 299A; 331A; 414; 
  1.46            repealing Minnesota Statutes 2002, sections 169.794; 
  2.1             169.799; 174.242; Minnesota Rules, parts 7403.1300; 
  2.2             7413.0400; 7413.0500. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1 
  2.5                            APPROPRIATIONS 
  2.6                  TRANSPORTATION AND OTHER AGENCIES 
  2.7   Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.8      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.9   appropriated from the general fund, or another named fund, to 
  2.10  the agencies and for the purposes specified in this article, to 
  2.11  be available for the fiscal years indicated for each purpose.  
  2.12  The figures "2004" and "2005," where used in this article, mean 
  2.13  that the appropriations listed under them are available for the 
  2.14  year ending June 30, 2004, or June 30, 2005, respectively.  If 
  2.15  the figures are not used, the appropriations are available for 
  2.16  the year ending June 30, 2004, or June 30, 2005, respectively.  
  2.17  The term "first year" means the year ending June 30, 2004, and 
  2.18  the term "second year" means the year ending June 30, 2005. 
  2.19                          SUMMARY BY FUND
  2.20                            2004          2005           TOTAL
  2.21  General            $   80,429,000 $   81,535,000 $  161,964,000
  2.22  Airports               19,458,000     19,458,000     38,916,000
  2.23  C.S.A.H.              426,020,000    443,631,000    859,651,000
  2.24  M.S.A.S.              112,290,000    114,661,000    226,951,000
  2.25  Special Revenue           994,000        994,000      1,988,000
  2.26  Highway User           12,336,000     12,336,000     24,672,000
  2.27  Trunk Highway       1,178,380,000  1,171,456,000  2,349,839,000
  2.28  TOTAL              $1,829,910,000 $1,834,071,000 $3,663,981,000
  2.29                                             APPROPRIATIONS 
  2.30                                         Available for the Year 
  2.31                                             Ending June 30 
  2.32                                            2004         2005 
  2.33  Sec. 2.  TRANSPORTATION
  2.34  Subdivision 1.  Total 
  2.35  Appropriation                     $1,657,628,000 $1,660,724,000
  2.36  The appropriations in this section are 
  2.37  from the trunk highway fund, except 
  2.38  when another fund is named. 
  2.39                Summary by Fund
  3.1                            2004          2005  
  3.2   General              16,360,000    16,361,000
  3.3   Airports             19,408,000    19,408,000
  3.4   C.S.A.H.            426,020,000   433,631,000
  3.5   M.S.A.S.            112,290,000   114,661,000
  3.6   Trunk Highway     1,083,550,000 1,076,663,000
  3.7   The amounts that may be spent from this 
  3.8   appropriation for each program are 
  3.9   specified in the following subdivisions.
  3.10  Subd. 2.  Multimodal Systems          41,688,000     41,689,000 
  3.11                Summary by Fund
  3.12  Airports             19,383,000    19,383,000
  3.13  General              16,295,000    16,296,000
  3.14  Trunk Highway         6,010,000     6,010,000
  3.15  The amounts that may be spent from this 
  3.16  appropriation for each activity are as 
  3.17  follows: 
  3.18  (a) Aeronautics  
  3.19      20,395,000     20,395,000 
  3.20                Summary by Fund
  3.21  Airports             19,383,000    19,383,000
  3.22  Trunk Highway         1,012,000     1,012,000
  3.23  Except as otherwise provided, the 
  3.24  appropriations in this subdivision are 
  3.25  from the state airports fund. 
  3.26  (1) Airport Development 
  3.27  and Assistance 
  3.28      14,298,000     14,298,000 
  3.29  These appropriations must be spent 
  3.30  according to Minnesota Statutes, 
  3.31  section 360.305, subdivision 4. 
  3.32  Notwithstanding Minnesota Statutes, 
  3.33  section 16A.28, subdivision 6, funds 
  3.34  are available for five years after 
  3.35  appropriation. 
  3.36  If the appropriation for either year is 
  3.37  insufficient, the appropriation for the 
  3.38  other year is available for it. 
  3.39  Of this appropriation $750,000 each 
  3.40  year is for the long-range radar 
  3.41  facility in Alexandria.  This 
  3.42  appropriation is contingent on a 
  3.43  partnership with the Federal Aviation 
  3.44  Administration for this project. 
  3.45  $100,000 in each fiscal year must be 
  3.46  used for hangar construction for the 
  4.1   civil air patrol at the South St. Paul 
  4.2   airport. 
  4.3   (2) Aviation Support and Services 
  4.4     6,097,000      6,097,000
  4.5                 Summary by Fund
  4.6   Airports              5,085,000     5,085,000
  4.7   Trunk Highway         1,012,000     1,012,000
  4.8   $65,000 the first year and $65,000 the 
  4.9   second year are for the civil air 
  4.10  patrol. 
  4.11  (b) Transit                 
  4.12      16,097,000     16,098,000 
  4.13                Summary by Fund
  4.14  General              15,949,000    15,950,000
  4.15  Trunk Highway           148,000       148,000
  4.16  The general fund budget base for this 
  4.17  activity is $15,810,000 in each year of 
  4.18  the 2006-2007 biennium. 
  4.19  (c) Freight       
  4.20       1,569,000      1,569,000 
  4.21                Summary by Fund
  4.22  General                 220,000       220,000
  4.23  Trunk Highway         1,349,000     1,349,000
  4.24  Notwithstanding Minnesota Statutes, 
  4.25  section 222.49, after July 1, 2003, and 
  4.26  before June 30, 2004, the commissioner 
  4.27  of finance shall transfer $3,200,000 
  4.28  from the rail service improvement 
  4.29  account in the special revenue fund to 
  4.30  the debt service fund. 
  4.31  Notwithstanding Minnesota Statutes, 
  4.32  section 222.49, after July 1, 2004, and 
  4.33  before June 30, 2005, the commissioner 
  4.34  of finance shall transfer $3,200,000 
  4.35  from the rail service improvement 
  4.36  account in the special revenue fund to 
  4.37  the debt service fund.  
  4.38  (d) Commercial Vehicles 
  4.39       3,627,000      3,627,000 
  4.40                Summary by Fund
  4.41  General                 126,000       126,000
  4.42  Trunk Highway         3,501,000     3,501,000
  4.43  Subd. 3.  State Roads              1,021,200,000  1,018,763,000 
  4.44                Summary by Fund
  5.1   General                   9,000         9,000
  5.2   Trunk Highway     1,021,191,000 1,018,754,000
  5.3   The amounts that may be spent from this 
  5.4   appropriation for each activity are as 
  5.5   follows: 
  5.6   (a) Infrastructure Investment and Planning
  5.7      812,569,000    810,132,000 
  5.8   $266,000 the first year and $266,000 
  5.9   the second year are available for 
  5.10  grants to metropolitan planning 
  5.11  organizations outside the seven-county 
  5.12  metropolitan area. 
  5.13  $75,000 the first year and $75,000 the 
  5.14  second year are for a transportation 
  5.15  research contingent account to finance 
  5.16  research projects that are reimbursable 
  5.17  from the federal government or from 
  5.18  other sources.  If the appropriation 
  5.19  for either year is insufficient, the 
  5.20  appropriation for the other year is 
  5.21  available for it. 
  5.22  $600,000 the first year and $600,000 
  5.23  the second year are available for 
  5.24  grants for transportation studies 
  5.25  outside the metropolitan area to 
  5.26  identify critical concerns, problems, 
  5.27  and issues.  These grants are available 
  5.28  (1) to regional development 
  5.29  commissions, and (2) in regions where 
  5.30  no regional development commission is 
  5.31  functioning, to joint powers boards 
  5.32  established under agreement of two or 
  5.33  more political subdivisions in the 
  5.34  region to exercise the planning 
  5.35  functions of a regional development 
  5.36  commission, and (3) in regions where no 
  5.37  regional development commission or 
  5.38  joint powers board is functioning, to 
  5.39  the department's district office for 
  5.40  that region. 
  5.41  (1) State Road Construction  
  5.42     626,207,000    626,207,000
  5.43  It is estimated that these 
  5.44  appropriations will be funded as 
  5.45  follows: 
  5.46  Federal Highway Aid         
  5.47     275,000,000    275,000,000 
  5.48  Highway User Taxes           
  5.49     351,207,000    351,207,000
  5.50  The commissioner of transportation 
  5.51  shall notify the chair of the 
  5.52  transportation budget division of the 
  5.53  senate and the chair of the 
  5.54  transportation finance committee of the 
  5.55  house of representatives of any 
  5.56  significant events that should cause 
  6.1   these estimates to change. 
  6.2   This appropriation is for the actual 
  6.3   construction, reconstruction, and 
  6.4   improvement of trunk highways including 
  6.5   consultant usage to support these 
  6.6   activities.  This includes the cost of 
  6.7   actual payment to landowners for lands 
  6.8   acquired for highway rights-of-way, 
  6.9   payment to lessees, interest subsidies, 
  6.10  and relocation expenses. 
  6.11  The commissioner may transfer up to 
  6.12  $15,000,000 each year to the 
  6.13  transportation revolving loan fund. 
  6.14  The commissioner may receive money 
  6.15  covering other shares of the cost of 
  6.16  partnership projects.  These receipts 
  6.17  are appropriated to the commissioner 
  6.18  for these projects. 
  6.19  (2) Highway Debt Service     
  6.20      29,724,000     27,287,000 
  6.21  $23,115,000 the first year and 
  6.22  $20,616,000 the second year are for 
  6.23  transfer to the state bond fund.  If 
  6.24  this appropriation is insufficient to 
  6.25  make all transfers required in the year 
  6.26  for which it is made, the commissioner 
  6.27  of finance shall notify the committee 
  6.28  on state government finance of the 
  6.29  senate and the committee on ways and 
  6.30  means of the house of representatives 
  6.31  of the amount of the deficiency and 
  6.32  shall then transfer that amount under 
  6.33  the statutory open appropriation.  Any 
  6.34  excess appropriation cancels to the 
  6.35  trunk highway fund. 
  6.36  (b) Infrastructure Operations
  6.37  and Maintenance
  6.38     203,641,000    203,641,000 
  6.39  (c) Electronic Communications
  6.40       4,990,000      4,990,000 
  6.41                Summary by Fund
  6.42  General                   9,000         9,000
  6.43  Trunk Highway         4,981,000     4,981,000
  6.44  $9,000 the first year and $9,000 the 
  6.45  second year are from the general fund 
  6.46  for equipment and operation of the 
  6.47  Roosevelt signal tower for Lake of the 
  6.48  Woods weather broadcasting. 
  6.49  Subd. 4.  Local Roads                538,310,000    548,292,000 
  6.50                Summary by Fund
  6.51  C.S.A.H.            426,020,000   433,631,000
  6.52  M.S.A.S.            112,290,000   114,661,000
  7.1   The amounts that may be spent from this 
  7.2   appropriation for each activity are as 
  7.3   follows: 
  7.4   (a) County State Aids 
  7.5      426,020,000    433,631,000 
  7.6   This appropriation is from the county 
  7.7   state-aid highway fund and is available 
  7.8   until spent. 
  7.9   (b) Municipal State Aids     
  7.10     112,290,000     114,661,000
  7.11  This appropriation is from the 
  7.12  municipal state-aid street fund and is 
  7.13  available until spent. 
  7.14  If an appropriation for either county 
  7.15  state aids or municipal state aids does 
  7.16  not exhaust the balance in the fund 
  7.17  from which it is made in the year for 
  7.18  which it is made, the commissioner of 
  7.19  finance, upon request of the 
  7.20  commissioner of transportation, shall 
  7.21  notify the chair of the transportation 
  7.22  finance committee of the house of 
  7.23  representatives and the chair of the 
  7.24  transportation budget division of the 
  7.25  senate of the amount of the remainder 
  7.26  and shall then add that amount to the 
  7.27  appropriation.  The amount added is 
  7.28  appropriated for the purposes of county 
  7.29  state aids or municipal state aids, as 
  7.30  appropriate. 
  7.31  Subd. 5.  General Support   
  7.32  and Services                          56,430,000     51,980,000 
  7.33                Summary by Fund
  7.34  General                  56,000        56,000
  7.35  Airports                 25,000        25,000
  7.36  Trunk Highway        56,349,000    51,899,000
  7.37  The amounts that may be spent from this 
  7.38  appropriation for each activity are as 
  7.39  follows: 
  7.40  (a) Department Support
  7.41      38,653,000     38,653,000 
  7.42                Summary by Fund
  7.43  Airports                 25,000        25,000
  7.44  Trunk Highway        38,628,000    38,628,000
  7.45  (b) Buildings 
  7.46      17,777,000     13,327,000 
  7.47                Summary by Fund
  7.48  General                  56,000        56,000
  8.1   Trunk Highway        17,721,000    13,271,000
  8.2   In fiscal year 2004, $4,450,000 of this 
  8.3   appropriation is to design, construct, 
  8.4   furnish, and equip a building in 
  8.5   Pennington county for the joint use of 
  8.6   the county of Pennington and 
  8.7   departments of transportation, public 
  8.8   safety, and natural resources for 
  8.9   vehicle maintenance and vehicle 
  8.10  storage.  This appropriation remains 
  8.11  available and does not lapse. 
  8.12  If the appropriation for either year is 
  8.13  insufficient, the appropriation for the 
  8.14  other year is available for it. 
  8.15  Subd. 6.  Transfers                                             
  8.16  (a) With the approval of the 
  8.17  commissioner of finance, the 
  8.18  commissioner of transportation may 
  8.19  transfer unencumbered balances among 
  8.20  the appropriations from the trunk 
  8.21  highway fund and the state airports 
  8.22  fund made in this section.  No transfer 
  8.23  may be made from the appropriation for 
  8.24  state road construction.  No transfer 
  8.25  may be made from the appropriations for 
  8.26  debt service to any other appropriation.
  8.27  Transfers under this paragraph may not 
  8.28  be made between funds.  Transfers 
  8.29  between programs must be reported 
  8.30  immediately to the chair of the 
  8.31  transportation budget division of the 
  8.32  senate and the chair of the 
  8.33  transportation finance committee of the 
  8.34  house of representatives. 
  8.35  (b) The commissioner of finance shall 
  8.36  transfer from the flexible account in 
  8.37  the county state-aid highway fund 
  8.38  $14,400,000 the first year and 
  8.39  $8,300,000 the second year to the 
  8.40  municipal turnback account in the 
  8.41  municipal state-aid street fund, and 
  8.42  the remainder in each year to the 
  8.43  county turnback account in the county 
  8.44  state-aid highway fund. 
  8.45  Subd. 7.  Use of State Road 
  8.46  Construction Appropriations         
  8.47  Any money appropriated to the 
  8.48  commissioner of transportation for 
  8.49  state road construction for any fiscal 
  8.50  year before fiscal year 2004 is 
  8.51  available to the commissioner during 
  8.52  fiscal years 2004 and 2005 to the 
  8.53  extent that the commissioner spends the 
  8.54  money on the state road construction 
  8.55  project for which the money was 
  8.56  originally encumbered during the fiscal 
  8.57  year for which it was appropriated.  
  8.58  The commissioner of transportation 
  8.59  shall report to the commissioner of 
  8.60  finance by August 1, 2003, and August 
  8.61  1, 2004, on a form the commissioner of 
  8.62  finance provides, on expenditures made 
  8.63  during the previous fiscal year that 
  8.64  are authorized by this subdivision. 
  9.1   Subd. 8.  Contingent Appropriation                              
  9.2   The commissioner of transportation, 
  9.3   with the approval of the governor after 
  9.4   review by the legislative advisory 
  9.5   commission under Minnesota Statutes, 
  9.6   section 3.30, may transfer all or part 
  9.7   of the unappropriated balance in the 
  9.8   trunk highway fund to an appropriation 
  9.9   (1) for trunk highway design, 
  9.10  construction, or inspection in order to 
  9.11  take advantage of an unanticipated 
  9.12  receipt of income to the trunk highway 
  9.13  fund or to take advantage of Federal 
  9.14  Advanced Construction funding, (2) for 
  9.15  trunk highway maintenance in order to 
  9.16  meet an emergency, or (3) to pay tort 
  9.17  or environmental claims.  Any transfer 
  9.18  as a result of the use of Federal 
  9.19  Advanced Construction funding must 
  9.20  include an analysis of the effects on 
  9.21  the long-term trunk highway fund 
  9.22  balance.  The amount transferred is 
  9.23  appropriated for the purpose of the 
  9.24  account to which it is transferred. 
  9.25  Subd. 9.  Budget Base Reduction Report
  9.26  By December 15, 2003, and December 15, 
  9.27  2004, the commissioner of 
  9.28  transportation shall report to the 
  9.29  chairs of the senate and house of 
  9.30  representatives committees with 
  9.31  jurisdiction over transportation policy 
  9.32  and finance regarding the distribution 
  9.33  and impacts of the base budget 
  9.34  reductions.  The report must include a 
  9.35  description and enumeration of program 
  9.36  activities with reduced spending levels 
  9.37  and the impacts on the department's 
  9.38  performance measures.  The report must 
  9.39  identify the total number of positions 
  9.40  that were reduced or eliminated through 
  9.41  attrition or layoffs, the number of 
  9.42  positions reduced or eliminated in each 
  9.43  of the bargaining units represented 
  9.44  within the department, and the impact 
  9.45  on the number of women and minorities 
  9.46  employed by the department and the 
  9.47  department's affirmative action goals. 
  9.48  Subd. 10.  Reverse Auctions 
  9.49  Notwithstanding any other law, the 
  9.50  combined number of highway construction 
  9.51  contracts and contracts for services 
  9.52  that the commissioner issues in any 
  9.53  year of the biennium that are issued 
  9.54  using the reverse auction process as 
  9.55  defined in Minnesota Statutes, section 
  9.56  16C.10, subdivision 7, may not exceed 
  9.57  ten percent of the combined number of 
  9.58  highway construction contracts and 
  9.59  contracts for service that the 
  9.60  commissioner issued in the previous 
  9.61  year. 
  9.62  Sec. 3.  METROPOLITAN COUNCIL
  9.63  TRANSIT                               57,063,000     58,163,000 
  9.64  (a) The agency's budget base for fiscal 
 10.1   year 2006 is $57,503,000 and for fiscal 
 10.2   year 2007 is $58,753,000. 
 10.3   (b) Bus Transit
 10.4       54,263,000     54,263,000 
 10.5   This appropriation is for bus system 
 10.6   operations. 
 10.7   (c) Rail Operations
 10.8        2,800,000      3,900,000 
 10.9   This appropriation is for operations of 
 10.10  the Hiawatha LRT line.  The base for 
 10.11  rail operations for fiscal year 2006 is 
 10.12  $4,050,000 and for fiscal year 2007 is 
 10.13  $5,300,000. 
 10.14  This appropriation is for paying 50 
 10.15  percent of operating costs for the 
 10.16  Hiawatha light rail transit line after 
 10.17  operating revenue and federal funds are 
 10.18  used for light rail transit operations. 
 10.19  The remaining operating costs up to a 
 10.20  maximum of $2,800,000 in the first year 
 10.21  and $3,900,000 in the second year, are 
 10.22  to be paid by the Hennepin county 
 10.23  regional rail authority, using any or 
 10.24  all of these sources: 
 10.25  (1) general tax revenues of Hennepin 
 10.26  county; 
 10.27  (2) the authority's reserves; and 
 10.28  (3) taxes levied under Minnesota 
 10.29  Statutes, section 398A.04, subdivision 
 10.30  8, notwithstanding any provision in 
 10.31  that subdivision that limits amounts 
 10.32  that may be levied for light rail 
 10.33  transit purposes. 
 10.34  By September 1, 2003, the metropolitan 
 10.35  council shall submit to Hennepin county 
 10.36  regional rail authority a proposed 
 10.37  detailed operations management plan for 
 10.38  Hiawatha light rail transit, covering 
 10.39  operations through June 30, 2005.  The 
 10.40  plan may include, without limitation, 
 10.41  operating plans concerning formation 
 10.42  and negotiation of contracts for 
 10.43  management or other services, service 
 10.44  schedules, fare policy, vehicle and 
 10.45  facility maintenance, and staffing.  
 10.46  The council may not implement or modify 
 10.47  the plan without the approval of 
 10.48  Hennepin county.  Minnesota Statutes, 
 10.49  section 473.392, does not apply to the 
 10.50  procurement by the council of operating 
 10.51  services for the Hiawatha light rail 
 10.52  transit line. 
 10.53  (d) Budget Base Reduction Report
 10.54  By December 15, 2003, and December 15, 
 10.55  2004, the chair of the metropolitan 
 10.56  council shall report to the chairs of 
 10.57  the senate and house of representatives 
 10.58  committees with jurisdiction over 
 11.1   transportation policy and finance 
 11.2   regarding the distribution and impacts 
 11.3   of the base budget reductions.  The 
 11.4   report must include a description and 
 11.5   enumeration of program activities with 
 11.6   reduced spending levels and the impacts 
 11.7   on transit service levels and 
 11.8   performance of the regular route and 
 11.9   metro mobility systems.  The report 
 11.10  must identify the total number of 
 11.11  positions that were reduced or 
 11.12  eliminated through attrition or 
 11.13  layoffs, the number of positions 
 11.14  reduced or eliminated in each of the 
 11.15  bargaining units represented within the 
 11.16  council, and the impact on the number 
 11.17  of women and minorities employed by the 
 11.18  council.  
 11.19  Sec. 4.  PUBLIC SAFETY
 11.20  Subdivision 1.  Total
 11.21  Appropriation                        114,244,000    114,209,000
 11.22                Summary by Fund
 11.23  General               7,006,000     7,011,000
 11.24  Trunk Highway        94,033,000    93,993,000
 11.25  Highway User         12,211,000    12,211,000
 11.26  Special Revenue         994,000       994,000
 11.27  Subd. 2.  Administration 
 11.28  and Related Services                   9,684,000      9,689,000 
 11.29                Summary by Fund
 11.30  General               2,361,000     2,366,000
 11.31  Trunk Highway         5,938,000     5,938,000
 11.32  Highway User          1,385,000     1,385,000
 11.33  (a) Office of Communications 
 11.34         385,000        385,000 
 11.35                Summary by Fund
 11.36  General                  39,000        39,000
 11.37  Trunk Highway           346,000       346,000
 11.38  (b) Public Safety Support 
 11.39       6,845,000      6,850,000 
 11.40                Summary by Fund
 11.41  General               2,231,000     2,236,000
 11.42  Trunk Highway         3,248,000     3,248,000
 11.43  Highway User          1,366,000     1,366,000
 11.44  $365,000 the first year and $370,000 
 11.45  the second year are for payment of 
 11.46  public safety officer survivor benefits 
 11.47  under Minnesota Statutes, section 
 12.1   299A.44.  If the appropriation for 
 12.2   either year is insufficient, the 
 12.3   appropriation for the other year is 
 12.4   available for it.  The base for fiscal 
 12.5   year 2006 is $375,000 and for fiscal 
 12.6   year 2007 is $380,000. 
 12.7   $314,000 the first year and $314,000 
 12.8   the second year are to be deposited in 
 12.9   the public safety officer's benefit 
 12.10  account.  This money is available for 
 12.11  reimbursements under Minnesota 
 12.12  Statutes, section 299A.465.  
 12.13  $508,000 the first year and $508,000 
 12.14  the second year are for soft body armor 
 12.15  reimbursements under Minnesota 
 12.16  Statutes, section 299A.38. 
 12.17  $792,000 the first year and $792,000 
 12.18  the second year are appropriated from 
 12.19  the general fund for transfer by the 
 12.20  commissioner of finance to the trunk 
 12.21  highway fund on December 31, 2003, and 
 12.22  December 31, 2004, respectively, in 
 12.23  order to reimburse the trunk highway 
 12.24  fund for expenses not related to the 
 12.25  fund.  These represent amounts 
 12.26  appropriated out of the trunk highway 
 12.27  fund for general fund purposes in the 
 12.28  administration and related services 
 12.29  program. 
 12.30  $610,000 the first year and $610,000 
 12.31  the second year are appropriated from 
 12.32  the highway user tax distribution fund 
 12.33  for transfer by the commissioner of 
 12.34  finance to the trunk highway fund on 
 12.35  December 31, 2003, and December 31, 
 12.36  2004, respectively, in order to 
 12.37  reimburse the trunk highway fund for 
 12.38  expenses not related to the fund.  
 12.39  These represent amounts appropriated 
 12.40  out of the trunk highway fund for 
 12.41  highway user tax distribution fund 
 12.42  purposes in the administration and 
 12.43  related services program. 
 12.44  $716,000 the first year and $716,000 
 12.45  the second year are appropriated from 
 12.46  the highway user tax distribution fund 
 12.47  for transfer by the commissioner of 
 12.48  finance to the general fund on December 
 12.49  31, 2003, and December 31, 2004, 
 12.50  respectively, in order to reimburse the 
 12.51  general fund for expenses not related 
 12.52  to the fund.  These represent amounts 
 12.53  appropriated out of the general fund 
 12.54  for operation of the criminal justice 
 12.55  data network related to driver and 
 12.56  motor vehicle licensing. 
 12.57  (c) Technical Support Services
 12.58       2,454,000      2,454,000 
 12.59                Summary by Fund
 12.60  General                  91,000        91,000
 12.61  Trunk Highway         2,344,000     2,344,000
 13.1   Highway User             19,000        19,000
 13.2   Subd. 3.  State Patrol                66,332,000     66,332,000 
 13.3                 Summary by Fund
 13.4   General               2,871,000     2,871,000
 13.5   Trunk Highway        63,369,000    63,369,000
 13.6   Highway User             92,000        92,000
 13.7   (a) Patrolling Highways      
 13.8       57,024,000     57,024,000 
 13.9                 Summary by Fund
 13.10  General                  37,000        37,000
 13.11  Trunk Highway        56,895,000    56,895,000
 13.12  Highway User             92,000        92,000
 13.13  (b) Commercial Vehicle Enforcement
 13.14       6,474,000      6,474,000 
 13.15  This appropriation is from the trunk 
 13.16  highway fund. 
 13.17  (c) Capitol Security         
 13.18       2,834,000      2,834,000 
 13.19  The commissioner may not (1) spend any 
 13.20  money from the trunk highway fund for 
 13.21  capitol security, or (2) permanently 
 13.22  transfer any state trooper from the 
 13.23  patrolling highways activity to capitol 
 13.24  security. 
 13.25  The commissioner may not transfer any 
 13.26  money (1) appropriated for department 
 13.27  of public safety administration, the 
 13.28  patrolling of highways, commercial 
 13.29  vehicle enforcement, or driver and 
 13.30  vehicle services to capitol security or 
 13.31  (2) from capitol security. 
 13.32  Subd. 4.  Driver and Vehicle Services
 13.33      36,910,000     36,870,000 
 13.34                Summary by Fund
 13.35  General               1,774,000     1,774,000
 13.36  Trunk Highway        24,402,000    24,362,000
 13.37  Highway User         10,734,000    10,734,000
 13.38  (a) Vehicle Services         
 13.39      12,452,000     12,452,000 
 13.40                Summary by Fund
 13.41  General               1,718,000     1,718,000
 13.42  Highway User         10,734,000    10,734,000
 14.1   (b) Driver Services          
 14.2       24,458,000     24,418,000 
 14.3                 Summary by Fund
 14.4   General                  56,000        56,000
 14.5   Trunk Highway        24,402,000    24,362,000
 14.6   Subd. 5.  Traffic Safety                 324,000        324,000 
 14.7   This appropriation is from the trunk 
 14.8   highway fund. 
 14.9   The commissioners of public safety and 
 14.10  transportation shall jointly report 
 14.11  annually to the chairs and ranking 
 14.12  minority members of the house of 
 14.13  representatives and senate committees 
 14.14  having jurisdiction over transportation 
 14.15  and public safety finance issues on the 
 14.16  expenditure of any federal funds 
 14.17  available under the repeat offender 
 14.18  transfer program, Public Law 105-206, 
 14.19  section 164. 
 14.20  Subd. 6.  Pipeline Safety                994,000        994,000 
 14.21  This appropriation is from the pipeline 
 14.22  safety account in the special revenue 
 14.23  fund. 
 14.24  Subd. 7.  Budget Base Reductions Report
 14.25  By December 15, 2003, and December 15, 
 14.26  2004, the commissioner of public safety 
 14.27  shall report to the chairs of the 
 14.28  senate and house of representatives 
 14.29  committees with jurisdiction over 
 14.30  transportation policy and finance 
 14.31  regarding the distribution of and 
 14.32  impacts of the base budget reductions 
 14.33  to administration and related services, 
 14.34  driver and vehicle services, and 
 14.35  capitol security.  The report must 
 14.36  include a description of the program 
 14.37  activities with reduced spending levels 
 14.38  and the impacts on the department's 
 14.39  performance.  The report must identify 
 14.40  the total number of positions that were 
 14.41  reduced or eliminated, the number of 
 14.42  positions reduced or eliminated in each 
 14.43  of the bargaining units represented 
 14.44  within the department, and the impact 
 14.45  on the number of women and minorities 
 14.46  employed by the department and the 
 14.47  department's affirmative action goals. 
 14.48  Sec. 5.  GENERAL CONTINGENT 
 14.49  ACCOUNTS                                 375,000        375,000 
 14.50                Summary by Fund
 14.51  Trunk Highway           200,000       200,000
 14.52  Highway User            125,000       125,000
 14.53  Airports                 50,000        50,000
 14.54  The appropriations in this section may 
 15.1   only be spent with the approval of the 
 15.2   governor after consultation with the 
 15.3   legislative advisory commission 
 15.4   pursuant to Minnesota Statutes, section 
 15.5   3.30. 
 15.6   If an appropriation in this section for 
 15.7   either year is insufficient, the 
 15.8   appropriation for the other year is 
 15.9   available for it. 
 15.10  Sec. 6.  TORT CLAIMS                     600,000        600,000 
 15.11  To be spent by the commissioner of 
 15.12  finance. 
 15.13  This appropriation is from the trunk 
 15.14  highway fund. 
 15.15  If the appropriation for either year is 
 15.16  insufficient, the appropriation for the 
 15.17  other year is available for it. 
 15.18                             ARTICLE 2 
 15.19              OTHER CHANGES RELATED TO TRANSPORTATION
 15.20                         AND PUBLIC SAFETY 
 15.21     Section 1.  Minnesota Statutes 2002, section 13.44, 
 15.22  subdivision 3, is amended to read: 
 15.23     Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a) 
 15.24  [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
 15.25  appraised values of individual parcels of real property which 
 15.26  are made by personnel of the state, its agencies and 
 15.27  departments, or a political subdivision or by independent 
 15.28  appraisers acting for the state, its agencies and departments, 
 15.29  or a political subdivision for the purpose of selling or 
 15.30  acquiring land through purchase or condemnation are classified 
 15.31  as confidential data on individuals or protected nonpublic data. 
 15.32     (b)  [PUBLIC DATA.] The data made confidential or protected 
 15.33  nonpublic by the provisions of paragraph (a) shall become public 
 15.34  upon the occurrence of any of the following:  
 15.35     (1) the negotiating parties exchange appraisals; 
 15.36     (2) the data are submitted to a court appointed 
 15.37  condemnation commissioner; 
 15.38     (3) the data are presented in court in condemnation 
 15.39  proceedings; or 
 15.40     (4) the negotiating parties enter into an agreement for the 
 15.41  purchase and sale of the property; or 
 16.1      (5) the data are submitted to the owner under section 
 16.2   117.036. 
 16.3      Sec. 2.  Minnesota Statutes 2002, section 16A.88, 
 16.4   subdivision 1, is amended to read: 
 16.5      Subdivision 1.  [GREATER MINNESOTA TRANSIT FUND.] The 
 16.6   greater Minnesota transit fund is established within the state 
 16.7   treasury.  Money in the fund is annually appropriated to the 
 16.8   commissioner of transportation for assistance to transit systems 
 16.9   outside the metropolitan area under section 174.24.  Beginning 
 16.10  in fiscal year 2003, the commissioner may use up to $400,000 
 16.11  each year for administration of the transit program.  The 
 16.12  commissioner shall use the fund for transit operations as 
 16.13  provided in section 174.24 and related program administration. 
 16.14     Sec. 3.  [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 
 16.15  APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 
 16.16  PURPOSES.] 
 16.17     Subdivision 1.  [APPLICATION.] This section applies to the 
 16.18  acquisition of property for public highways, streets, roads, 
 16.19  alleys, airports, mass transit facilities, or for other 
 16.20  transportation facilities or purposes. 
 16.21     Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
 16.22  domain proceeding under this chapter, the acquiring authority 
 16.23  must obtain at least one appraisal for the property proposed to 
 16.24  be acquired.  In making the appraisal, the appraiser must confer 
 16.25  with one or more of the owners of the property, if reasonably 
 16.26  possible.  At least 20 days before presenting a petition under 
 16.27  section 117.055, the acquiring authority must provide the owner 
 16.28  with a copy of the appraisal and inform the owner of the owner's 
 16.29  right to obtain an appraisal under this section. 
 16.30     (b) The owner may obtain an appraisal by a qualified 
 16.31  appraiser of the property proposed to be acquired.  The owner is 
 16.32  entitled to reimbursement for the reasonable costs of the 
 16.33  appraisal from the acquiring authority up to a maximum of $1,500 
 16.34  within 30 days after the owner submits to the acquiring 
 16.35  authority the information necessary for reimbursement, provided 
 16.36  that the owner does so within 60 days after the owner receives 
 17.1   the appraisal from the authority under paragraph (a). 
 17.2      Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
 17.3   requirements under subdivision 2, before commencing an eminent 
 17.4   domain proceeding, the acquiring authority must make a good 
 17.5   faith attempt to negotiate personally with the owner of the 
 17.6   property in order to acquire the property by direct purchase 
 17.7   instead of the use of eminent domain proceedings.  In making 
 17.8   this negotiation, the acquiring authority must consider the 
 17.9   appraisals in its possession and other information that may be 
 17.10  relevant to a determination of damages under this chapter. 
 17.11     Sec. 4.  Minnesota Statutes 2002, section 117.232, 
 17.12  subdivision 1, is amended to read: 
 17.13     Subdivision 1.  When acquisition of private property is 
 17.14  accomplished by the state department of transportation by direct 
 17.15  purchase the owner shall be entitled to reimbursement for 
 17.16  appraisal fees, not to exceed a total of $500 $1,500.  When 
 17.17  acquisition of private property is accomplished by any other 
 17.18  acquiring authority, the owner is entitled to reimbursement for 
 17.19  appraisal fees, not to exceed $500 $1,500, if the owner is 
 17.20  otherwise entitled to reimbursement under sections 117.50 to 
 17.21  117.56.  The purchaser in all instances shall inform the owner 
 17.22  of the right, if any, to reimbursement for appraisal fees 
 17.23  reasonably incurred, in an amount not to exceed $500 $1,500, 
 17.24  together with relocation costs, moving costs and any other 
 17.25  related expenses to which an owner is entitled by sections 
 17.26  117.50 to 117.56.  This subdivision does not apply to 
 17.27  acquisition for utility purposes made by a public service 
 17.28  corporation organized pursuant to section 300.03 or electric 
 17.29  cooperative associations organized pursuant to chapter 308A. 
 17.30     Sec. 5.  Minnesota Statutes 2002, section 138.40, 
 17.31  subdivision 2, is amended to read: 
 17.32     Subd. 2.  [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 
 17.33  and other governmental agencies shall comply with and aid in the 
 17.34  enforcement of provisions of sections 138.31 to 138.42.  
 17.35  Conservation officers and other enforcement officers of the 
 17.36  department of natural resources shall enforce the provisions of 
 18.1   sections 138.31 to 138.42 and report violations to the director 
 18.2   of the society.  When archaeological or historic sites are known 
 18.3   or, based on scientific investigations or are suspected 
 18.4   predicted to exist on public lands or waters, the agency or 
 18.5   department controlling said lands or waters shall use the 
 18.6   professional services of archaeologists from the University of 
 18.7   Minnesota, Minnesota historical society, or other qualified 
 18.8   professional archaeologists, to preserve these sites.  In the 
 18.9   event that archaeological excavation is required to protect or 
 18.10  preserve these sites, state and other governmental agencies may 
 18.11  use their funds for such activities. 
 18.12     Sec. 6.  Minnesota Statutes 2002, section 138.40, 
 18.13  subdivision 3, is amended to read: 
 18.14     Subd. 3.  [REVIEW OF PLANS.] When significant 
 18.15  archaeological or historic sites are known or suspected, based 
 18.16  on scientific investigations, are predicted to exist on public 
 18.17  lands or waters, the agency or department controlling said lands 
 18.18  or waters shall submit construction or development plans to the 
 18.19  state archaeologist and the director of the society for review 
 18.20  prior to the time bids are advertised.  The state archaeologist 
 18.21  and the society shall promptly review such plans and within 30 
 18.22  days of receiving the plans shall make recommendations for the 
 18.23  preservation of archaeological or historic sites which may be 
 18.24  endangered by construction or development activities.  When 
 18.25  archaeological or historic sites are related to Indian history 
 18.26  or religion, the state archaeologist shall submit the plans to 
 18.27  the Indian affairs council for the council's review and 
 18.28  recommend action.  
 18.29     Sec. 7.  [160.93] [USER FEES; HIGH-OCCUPANCY VEHICLE 
 18.30  LANES.] 
 18.31     Subdivision 1.  [FEES AUTHORIZED.] To improve efficiency 
 18.32  and provide more options to individuals traveling in a trunk 
 18.33  highway corridor, the commissioner of transportation may charge 
 18.34  user fees to owners or operators of single-occupant vehicles 
 18.35  using designated high-occupancy vehicle lanes.  The fees may be 
 18.36  collected using electronic or other toll-collection methods and 
 19.1   may vary in amount with the time of day and level of traffic 
 19.2   congestion within the corridor.  The commissioner shall consult 
 19.3   with the metropolitan council and obtain necessary federal 
 19.4   authorizations before implementing user fees on a high-occupancy 
 19.5   vehicle lane.  Fees under this section are not subject to 
 19.6   section 16A.1283. 
 19.7      Subd. 2.  [DEPOSIT OF REVENUES; APPROPRIATION.] Money 
 19.8   collected from fees authorized under subdivision 1 must be 
 19.9   deposited in a high-occupancy vehicle lane user fee account in 
 19.10  the special revenue fund.  A separate account must be 
 19.11  established for each trunk highway corridor.  Money in the 
 19.12  account is appropriated to the commissioner.  From this 
 19.13  appropriation the commissioner shall first repay the trunk 
 19.14  highway fund and any other fund source for money spent to 
 19.15  install equip or modify the corridor for the purposes of 
 19.16  subdivision 1, and then shall pay all the costs of implementing 
 19.17  and administering the fee collection system for that corridor.  
 19.18  The commissioner shall spend remaining money in the account as 
 19.19  follows: 
 19.20     (1) one-half must be spent for transportation capital 
 19.21  improvements within the corridor; and 
 19.22     (2) one-half must be transferred to the metropolitan 
 19.23  council for expansion and improvement of bus transit services 
 19.24  within the corridor beyond the level of service provided on the 
 19.25  date of implementation of subdivision 1. 
 19.26     Subd. 3.  [EXEMPTIONS.] With respect to this section, the 
 19.27  commissioner is exempt from statutory rulemaking requirements, 
 19.28  including section 14.386, and from sections 160.84 to 160.92 and 
 19.29  161.162 to 161.167. 
 19.30     Subd. 4.  [PROHIBITION.] No person may operate a single 
 19.31  occupant vehicle in a designated high-occupancy vehicle lane 
 19.32  except in compliance with the requirements of the commissioner.  
 19.33  A person who violates this subdivision is guilty of a petty 
 19.34  misdemeanor and is subject to sections 169.89, subdivisions 1, 
 19.35  2, and 4, and 169.891 and any other provision of chapter 169 
 19.36  applicable to the commission of a petty misdemeanor traffic 
 20.1   offense. 
 20.2      Sec. 8.  Minnesota Statutes 2002, section 161.08, is 
 20.3   amended to read: 
 20.4      161.08 [BOOKS OF ACCOUNT RECORDS AND REPORTS.] 
 20.5      Subdivision 1.  [BOOKS OF ACCOUNT.] (a) The commissioner 
 20.6   shall keep accurate and complete books of account as may be 
 20.7   prescribed by the commissioner of finance, the same to show in 
 20.8   detail itemized receipts and disbursements of the trunk highway 
 20.9   fund.  The books of account shall show the following facts, 
 20.10  among others: 
 20.11     (1) the expenses of maintaining the transportation 
 20.12  department, including the salaries and expenses of the 
 20.13  individual members thereof; 
 20.14     (2) the amounts of money expended in each county of the 
 20.15  state for the construction of trunk highways, and when, where, 
 20.16  and upon what job or portion of road expended so that the cost 
 20.17  per mile of such construction can be easily ascertained; 
 20.18     (3) any other money expended by the state in connection 
 20.19  with any roads other than trunk highways and when, where, and 
 20.20  upon what portion of road so expended; and 
 20.21     (4) the amount of road equipment and materials purchased, 
 20.22  and when, where, and from whom purchased, and the price paid for 
 20.23  each item.  
 20.24     (b) The original invoices shall form a part of the 
 20.25  permanent files and records in the department of transportation 
 20.26  and be open to public inspection.  
 20.27     Subd. 2.  [BIENNIAL REPORT.] No later than October 15 of 
 20.28  each odd-numbered year, the commissioner shall report to the 
 20.29  legislature the total expenditures from the trunk highway fund 
 20.30  during the previous biennium in each of the following 
 20.31  categories:  road construction; planning; professional and 
 20.32  technical contracts; design and engineering; labor; compliance 
 20.33  with environmental requirements; acquisition of right-of-way; 
 20.34  litigation costs, including payment of claims, settlements, and 
 20.35  judgments; maintenance; and road operations.  As part of each 
 20.36  report the commissioner shall select two representative trunk 
 21.1   highway construction projects, one each from the department's 
 21.2   metropolitan district and from greater Minnesota, and for each 
 21.3   project report the cost of environmental mitigation and 
 21.4   compliance. 
 21.5      Sec. 9.  Minnesota Statutes 2002, section 161.20, 
 21.6   subdivision 3, is amended to read: 
 21.7      Subd. 3.  [TRUNK HIGHWAY FUND APPROPRIATIONS.] The 
 21.8   commissioner may expend trunk highway funds only for trunk 
 21.9   highway purposes.  Payment of expenses related to sales tax, 
 21.10  bureau of criminal apprehension laboratory, office of tourism 
 21.11  kiosks, Minnesota safety council, tort claims, driver education 
 21.12  programs, emergency medical services board, and Mississippi 
 21.13  River parkway commission do not further a highway purpose and do 
 21.14  not aid in the construction, improvement, or maintenance of the 
 21.15  highway system. 
 21.16     Sec. 10.  [161.368] [HIGHWAY MAINTENANCE, DESIGN, AND 
 21.17  CONSTRUCTION CONTRACT WITH TRIBAL AUTHORITIES.] 
 21.18     On behalf of the state, the commissioner may enter into 
 21.19  agreements with Indian tribal authorities for the purpose of 
 21.20  providing maintenance, design, and construction to highways on 
 21.21  tribal lands.  These agreements may include (1) a provision for 
 21.22  waiver of immunity from suit by a party to the contract on the 
 21.23  part of the tribal authority with respect to any controversy 
 21.24  arising out of the contract and (2) a provision conferring 
 21.25  jurisdiction on state district courts to hear such a controversy.
 21.26     Sec. 11.  Minnesota Statutes 2002, section 163.11, is 
 21.27  amended by adding a subdivision to read: 
 21.28     Subd. 4a.  [DESIGNATION AS COUNTY CARTWAY.] A county board 
 21.29  that has vacated a county highway under subdivision 4 may 
 21.30  designate, as part of the vacating resolution, the former county 
 21.31  highway as a county cartway.  A highway designated as a county 
 21.32  cartway is a county highway for purposes of this chapter, but 
 21.33  the county board may not expend money from its road and bridge 
 21.34  fund on the maintenance or improvement of a county cartway 
 21.35  unless the county board determines that the expenditure is in 
 21.36  the public interest.  With the exception of the process provided 
 22.1   in subdivision 5a, a county highway right-of-way that has been 
 22.2   vacated, extinguished, or otherwise removed from the county 
 22.3   highway system may not revert to a town. 
 22.4      Sec. 12.  Minnesota Statutes 2002, section 163.11, is 
 22.5   amended by adding a subdivision to read: 
 22.6      Subd. 9.  [TRANSFER OF JURISDICTION OVER COUNTY 
 22.7   HIGHWAY.] Notwithstanding subdivision 5, the county board may 
 22.8   transfer jurisdiction and ownership of a county highway to 
 22.9   another road authority, an agency of the United States, an 
 22.10  agency of the state, or to an Indian tribe upon agreement 
 22.11  between the county and the authority, agency, or tribe to which 
 22.12  the transfer is being made.  Subdivision 5a provides the 
 22.13  exclusive method of county highway reversion to towns. 
 22.14     Sec. 13.  Minnesota Statutes 2002, section 164.12, is 
 22.15  amended to read: 
 22.16     164.12 [ROAD ON TOWN LINE.] 
 22.17     Subdivision 1.  [PROPOSAL TO ESTABLISH; MAINTAIN.] When 
 22.18  adjoining towns propose to establish, alter, or vacate, or 
 22.19  maintain a road on or along the line between such towns they 
 22.20  shall proceed as hereinafter provided.  
 22.21     Subd. 2.  [DIVISION OF RESPONSIBILITIES.] The town boards 
 22.22  shall divide the length of the road proposed to be established, 
 22.23  altered, or vacated, or maintained into two parts.  When it is 
 22.24  proposed to establish or alter a road, the division shall be 
 22.25  made so as to divide as nearly equal as possible the cost of 
 22.26  right-of-way, construction, and maintenance of the entire road.  
 22.27  If the proposal is to vacate a road, the division shall be made 
 22.28  so as to divide as nearly equal as possible any damages that may 
 22.29  be occasioned thereby.  
 22.30     Subd. 3.  [AGREEMENT.] After the division the boards shall 
 22.31  enter into an agreement specifying which part shall be vacated, 
 22.32  or opened, constructed, and maintained by each.  Thereafter, 
 22.33  each board shall proceed in the manner and subject to the same 
 22.34  review as provided in section 164.06 or section 164.07.  
 22.35     Subd. 4.  [JOINT CONTRACT.] When a town line road is 
 22.36  established or, altered, or maintained as provided herein, the 
 23.1   boards may jointly let a contract covering all or part of the 
 23.2   work to be performed on the road.  If a joint contract is not 
 23.3   let each town board shall open and construct its portion thereof 
 23.4   as expeditiously as possible.  
 23.5      Subd. 5.  [PORTION OF ROAD TAKEN BY STATE OR COUNTY.] If a 
 23.6   portion of a town line road is taken over by the state as a 
 23.7   trunk highway, or by a county as a county state-aid highway or 
 23.8   county highway, the town boards concerned shall divide the 
 23.9   portions of the town line road not taken over by the state or 
 23.10  county, so that the cost of construction, reconstruction, and 
 23.11  maintenance thereof will be apportioned as nearly equal as 
 23.12  possible.  After such division the boards shall enter into an 
 23.13  agreement specifying which part shall be constructed and 
 23.14  maintained by each.  
 23.15     Subd. 6.  [FAILURE TO AGREE.] (a) When the town boards 
 23.16  cannot agree upon a division as provided in subdivision 2 or 
 23.17  subdivision 5, or upon the petition of either town board when a 
 23.18  division previously agreed upon has proved to be inequitable, 
 23.19  the county board, or where the road is on a county line the 
 23.20  county boards of the counties concerned, shall determine the 
 23.21  proper division of responsibility.  In making such division the 
 23.22  county board or boards shall follow the procedure provided for 
 23.23  in subdivision 2 or 5.  Where deemed necessary the services of 
 23.24  the county engineer may be used. 
 23.25     (b) When for any reason an agreement under paragraph (a) 
 23.26  cannot be reached, the town board of either or both towns may 
 23.27  request to have the matter determined through mediation, 
 23.28  arbitration, mediation-arbitration (med-arb), or other form of 
 23.29  alternative dispute resolution as described in Rule 114.02 of 
 23.30  the General Rules of Practice for the District Courts.  The 
 23.31  parties may select a neutral who does not qualify under Rule 
 23.32  114.02.  Mediated settlement agreements must be in accordance 
 23.33  with the Minnesota Civil Mediation Act, sections 572.31 to 
 23.34  572.40.  Arbitrated agreements and med-arb agreements must be 
 23.35  final and binding. 
 23.36     Sec. 14.  Minnesota Statutes 2002, section 168.011, 
 24.1   subdivision 22, is amended to read: 
 24.2      Subd. 22.  [SPECIAL MOBILE EQUIPMENT.] "Special mobile 
 24.3   equipment" means every vehicle not designed or used primarily 
 24.4   for the transportation of persons or property and only 
 24.5   incidentally operated or moved over a highway, including but not 
 24.6   limited to:  ditch-digging apparatuses, moving dollies, pump 
 24.7   hoists and other water well-drilling equipment registered under 
 24.8   chapter 103I, street-sweeping vehicles, and other machinery such 
 24.9   as asphalt spreaders, bituminous mixers, bucket loaders, 
 24.10  tractors other than truck-tractors, ditchers, leveling graders, 
 24.11  finishing machines, motor graders, road rollers, scarifiers, 
 24.12  truck-mounted log loaders, earth-moving carryalls, scrapers, 
 24.13  power shovels, draglines, self-propelled cranes, and 
 24.14  earth-moving equipment.  The term does not include travel 
 24.15  trailers, dump trucks, truck-mounted transit mixers, 
 24.16  truck-mounted feed grinders, or other motor vehicles designed 
 24.17  for the transportation of persons or property to which machinery 
 24.18  has been attached. 
 24.19     Sec. 15.  Minnesota Statutes 2002, section 168.013, 
 24.20  subdivision 3, is amended to read: 
 24.21     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
 24.22  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
 24.23  gross weight shall state the unloaded weight of the motor 
 24.24  vehicle, trailer, or semitrailer and the maximum load the 
 24.25  applicant proposes to carry on it, the sum of which constitutes 
 24.26  the gross weight upon which the license tax must be paid.  
 24.27  However, the declared gross weight upon which the tax is paid 
 24.28  must not be less than 1-1/4 times the declared unloaded weight 
 24.29  of the motor vehicle, trailer, or semitrailer to be registered, 
 24.30  except recreational vehicles taxed under subdivision 1g, school 
 24.31  buses taxed under subdivision 18, and tow trucks or towing 
 24.32  vehicles defined in section 169.01, subdivision 52.  The gross 
 24.33  weight of a tow truck or towing vehicle is the actual weight of 
 24.34  the tow truck or towing vehicle fully equipped, but does not 
 24.35  include the weight of a wrecked or disabled vehicle towed or 
 24.36  drawn by the tow truck or towing vehicle. 
 25.1      (b) The gross weight of a motor vehicle, trailer, or 
 25.2   semitrailer must not exceed the gross weight upon which the 
 25.3   license tax has been paid by more than four percent or 1,000 
 25.4   pounds, whichever is greater; provided that, a vehicle 
 25.5   transporting unfinished forest products on a highway, other than 
 25.6   a highway that is part of the system of interstate and defense 
 25.7   highways, unless a federal exemption is granted, in accordance 
 25.8   with paragraph (d)(3): 
 25.9      (1) shall not exceed its gross vehicle weight upon which 
 25.10  the license tax has been paid, or gross axle weight on any axle, 
 25.11  by more than five percent and, notwithstanding other law to the 
 25.12  contrary, is not subject to any fee, fine, or other assessment 
 25.13  or penalty for exceeding a gross vehicle or axle weight by up to 
 25.14  five percent; and 
 25.15     (2) between the dates set by the commissioner in accordance 
 25.16  with section 169.826, subdivision 1, is not subject to any 
 25.17  provision of paragraph (d) or chapter 169 limiting the gross 
 25.18  axle weight of any individual axle unless the entire vehicle 
 25.19  also exceeds its gross vehicle weight plus its weight allowance 
 25.20  allowed in clause (1) and plus any weight allowance permitted 
 25.21  under section 169.826, in which case the vehicle is subject to 
 25.22  all applicable penalties for excess weight violations. 
 25.23     (c) The gross weight of the motor vehicle, trailer, or 
 25.24  semitrailer for which the license tax is paid must be indicated 
 25.25  by a distinctive character on the license plate or plates except 
 25.26  as provided in subdivision 12 and the plate or plates must be 
 25.27  kept clean and clearly visible at all times. 
 25.28     (d) The owner, driver, or user of a motor vehicle, trailer, 
 25.29  or semitrailer, upon conviction for transporting a gross weight 
 25.30  in excess of the gross weight for which it was registered or for 
 25.31  operating a vehicle with an axle weight exceeding the maximum 
 25.32  lawful axle load weight, is guilty of a misdemeanor and subject 
 25.33  to increased registration or reregistration according to the 
 25.34  following schedule: 
 25.35     (1) Upon conviction for transporting a gross weight in 
 25.36  excess of the gross weight for which a motor vehicle, trailer, 
 26.1   or semitrailer is registered by more than the allowance set 
 26.2   forth in paragraph (b) but less than 25 percent, or for 
 26.3   operating or using a motor vehicle, trailer, or semitrailer with 
 26.4   an axle weight exceeding the maximum lawful axle load as 
 26.5   provided in sections 169.822 to 169.829 by more than the 
 26.6   allowance set forth in paragraph (b) but less than 25 percent, 
 26.7   the owner, driver, or user of the motor vehicle, trailer, or 
 26.8   semitrailer used to commit the violation, in addition to any 
 26.9   penalty imposed for the misdemeanor, shall apply to the 
 26.10  registrar to increase the authorized gross weight to be carried 
 26.11  on the vehicle to a weight equal to or greater than the gross 
 26.12  weight the owner, driver, or user was convicted of carrying.  
 26.13  The increase is computed for the balance of the calendar year on 
 26.14  the basis of 1/12 of the annual tax for each month remaining in 
 26.15  the calendar year beginning with the first day of the month in 
 26.16  which the violation occurred.  If the additional registration 
 26.17  tax computed upon that weight, plus the tax already paid, 
 26.18  amounts to more than the regular tax for the maximum gross 
 26.19  weight permitted for the vehicle under sections 169.822 to 
 26.20  169.829, that additional amount must nevertheless be paid into 
 26.21  the highway fund, but the additional tax thus paid does not 
 26.22  authorize or permit any person to operate the vehicle with a 
 26.23  gross weight in excess of the maximum legal weight as provided 
 26.24  by sections 169.822 to 169.829.  Unless the owner within 30 days 
 26.25  after a conviction applies to increase the authorized weight and 
 26.26  pays the additional tax as provided in this section, the 
 26.27  registrar shall revoke the registration on the vehicle and 
 26.28  demand the return of the registration card and plates issued on 
 26.29  that registration. 
 26.30     (2) Upon conviction of an owner, driver, or user of a motor 
 26.31  vehicle, trailer, or semitrailer for transporting a gross weight 
 26.32  in excess of the gross weight for which the motor vehicle, 
 26.33  trailer, or semitrailer was registered by 25 percent or more or 
 26.34  for operating or using the vehicle or trailer with an axle 
 26.35  weight exceeding the maximum lawful axle load as provided in 
 26.36  sections 169.822 to 169.829 by 25 percent or more, and in 
 27.1   addition to any penalty imposed for the misdemeanor, the 
 27.2   registrar shall either (i) cancel the reciprocity privileges on 
 27.3   the vehicle involved if the vehicle is being operated under 
 27.4   reciprocity or (ii) if the vehicle is not being operated under 
 27.5   reciprocity, cancel the certificate of registration on the 
 27.6   vehicle operated and demand the return of the registration 
 27.7   certificate and registration plates.  The registrar may not 
 27.8   cancel the registration or reciprocity privileges for any 
 27.9   vehicle found in violation of seasonal load restrictions imposed 
 27.10  under section 169.87 unless the axle weight exceeds the 
 27.11  year-round weight limit for the highway on which the violation 
 27.12  occurred.  The registrar may investigate any allegation of gross 
 27.13  weight violations and demand that the operator show cause why 
 27.14  all future operating privileges in the state should not be 
 27.15  revoked unless the additional tax assessed is paid. 
 27.16     (3) Clause (1) does not apply to the first haul of 
 27.17  unprocessed or raw farm products or unfinished forest products, 
 27.18  when the registered gross weight is not exceeded by more than 
 27.19  ten percent.  For purposes of this clause, "first haul" means 
 27.20  (i) the first, continuous transportation of unprocessed or raw 
 27.21  farm products from the place of production or on-farm storage 
 27.22  site to any other location within 50 miles of the place of 
 27.23  production or on-farm storage site, or (ii) the continuous or 
 27.24  noncontinuous transportation of unfinished forest products from 
 27.25  the place of production to the place of final processing or 
 27.26  manufacture located within 200 miles of the place of production. 
 27.27     (4) When the registration on a motor vehicle, trailer, or 
 27.28  semitrailer is revoked by the registrar according to this 
 27.29  section, the vehicle must not be operated on the highways of the 
 27.30  state until it is registered or reregistered, as the case may 
 27.31  be, and new plates issued, and the registration fee is the 
 27.32  annual tax for the total gross weight of the vehicle at the time 
 27.33  of violation.  The reregistration pursuant to this subdivision 
 27.34  of any vehicle operating under reciprocity agreements pursuant 
 27.35  to section 168.181 or 168.187 must be at the full annual 
 27.36  registration fee without regard to the percentage of vehicle 
 28.1   miles traveled in this state. 
 28.2      Sec. 16.  Minnesota Statutes 2002, section 168.12, 
 28.3   subdivision 2e, is amended to read: 
 28.4      Subd. 2e.  [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL 
 28.5   PLATES.] (a) The registrar shall issue special license plates to 
 28.6   an applicant who is a volunteer ambulance attendant as defined 
 28.7   in section 144E.001, subdivision 15, and who owns or jointly 
 28.8   owns a motor vehicle taxed as a passenger automobile.  The 
 28.9   registrar shall issue the special plates on payment of the 
 28.10  registration tax required by law for the vehicle, compliance 
 28.11  with all other applicable laws relating to registration and 
 28.12  licensing of motor vehicles and drivers, and payment of an 
 28.13  additional fee of $10.  The registrar shall not issue more than 
 28.14  one set two sets of these plates to each qualified applicant. 
 28.15     (b) A person may use special plates issued under this 
 28.16  subdivision only during the period that the person is a 
 28.17  volunteer ambulance attendant.  When the person to whom the 
 28.18  special plates were issued ceases to be a volunteer ambulance 
 28.19  attendant, or the person shall return each set of special plates 
 28.20  issued to that person.  When ownership of the a vehicle is 
 28.21  transferred, the person shall remove the special plates from the 
 28.22  that vehicle and return them to the registrar.  On return of the 
 28.23  each set of plates, the owner of the vehicle, or new owner in 
 28.24  case of a transferred vehicle, is entitled to receive regular 
 28.25  license plates for the vehicle without cost for the rest of the 
 28.26  registration period for which the set of special plates were 
 28.27  issued.  Special plates issued under this subdivision may be 
 28.28  transferred to another vehicle owned by the volunteer ambulance 
 28.29  attendant on payment of a fee of $5. 
 28.30     (c) The fees specified in this subdivision must be paid 
 28.31  into the state treasury and deposited in the highway user tax 
 28.32  distribution fund.  
 28.33     (d) The commissioner may adopt rules governing the design, 
 28.34  issuance, and sale of the special plates authorized by this 
 28.35  subdivision. 
 28.36     Sec. 17.  Minnesota Statutes 2002, section 168.12, 
 29.1   subdivision 5, is amended to read: 
 29.2      Subd. 5.  [ADDITIONAL FEE.] (a) In addition to any fee 
 29.3   otherwise authorized or any tax otherwise imposed upon any motor 
 29.4   vehicle, the payment of which is required as a condition to the 
 29.5   issuance of any number license plate or plates, the commissioner 
 29.6   of public safety may shall impose a the fee specified in 
 29.7   paragraph (b) that is calculated to cover the cost of 
 29.8   manufacturing and issuing the license plate or plates, except 
 29.9   for license plates issued to disabled veterans as defined in 
 29.10  section 168.031 and license plates issued pursuant to section 
 29.11  168.124, 168.125, or 168.27, subdivisions 16 and 17, for 
 29.12  passenger automobiles.  Graphic design license plates shall only 
 29.13  be issued for vehicles registered pursuant to section 168.017 
 29.14  and recreational vehicles registered pursuant to section 
 29.15  168.013, subdivision 1g. 
 29.16     (b) Unless otherwise specified or exempted by statute, the 
 29.17  following plate and validation sticker fees apply for the 
 29.18  original, duplicate, or replacement issuance of a plate in a 
 29.19  plate year: 
 29.20  Sequential Double Plate                          $ 4.25
 29.21  Sequential Special Plate-Double                  $ 7.00
 29.22  Sequential Single Plate                          $ 3.00
 29.23  Sequential Special Plate-Single                  $ 5.50
 29.24  Self-Adhesive Plate                              $ 2.50
 29.25  Nonsequential Double Plate                       $14.00
 29.26  Nonsequential Single Plate                       $10.00
 29.27  Duplicate Sticker                                $ 1.00
 29.28     (c) Fees collected under this subdivision must be paid into 
 29.29  the state treasury and credited to the highway user tax 
 29.30  distribution fund. 
 29.31     Sec. 18.  [168.1293] [SPECIAL LICENSE PLATES; 
 29.32  AUTHORIZATION; DISCONTINUANCE.] 
 29.33     Subdivision 1.  [DEFINITION.] For purposes of this section 
 29.34  and section 168.1297 "special license plate" means a license 
 29.35  plate that is authorized by law to have wording and graphics 
 29.36  that differ from a Minnesota passenger vehicle license plate. 
 30.1      Subd. 2.  [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal 
 30.2   entity, or other requester, however organized, that plans to 
 30.3   seek legislation establishing a new special license plate shall 
 30.4   submit the following information and fee to the department of 
 30.5   public safety: 
 30.6      (1) The requester shall submit a request for the special 
 30.7   license plate being sought, describing the proposed license 
 30.8   plate in general terms, the purpose of the plate, and the 
 30.9   proposed fee or minimum contribution required for the plate. 
 30.10     (2) The requester shall submit the results of a scientific 
 30.11  sample survey of Minnesota motor vehicle owners that indicates 
 30.12  that at least 10,000 motor vehicle owners intend to purchase the 
 30.13  proposed plate with the proposed fee or minimum contribution.  
 30.14  The requester's plan to undertake the survey must be reported to 
 30.15  the department before the survey is undertaken.  The survey must 
 30.16  be performed independently of the requester by another person or 
 30.17  legal entity, however organized, that conducts similar sample 
 30.18  surveys in the normal course of business. 
 30.19     (3) The requester shall submit an application fee of 
 30.20  $20,000, to cover the department's cost of reviewing the 
 30.21  application and developing the special license plate if 
 30.22  authorized.  State funds may not be used to pay the application 
 30.23  fee. 
 30.24     (4) The requester shall submit a marketing strategy that 
 30.25  contains (i) short-term and long-term marketing plans for the 
 30.26  requested plate, and (ii) a financial analysis showing the 
 30.27  anticipated revenues and the planned expenditures of any fee or 
 30.28  contribution derived from the requested plate. 
 30.29     (b) The requester shall submit the information required 
 30.30  under paragraph (a) to the department at least 120 days before 
 30.31  the convening of the next regular legislative session at which 
 30.32  the requester will submit the proposal. 
 30.33     Subd. 3.  [DESIGN; REDESIGN.] (a) If the special license 
 30.34  plate sought by the requester is approved by law, the requester 
 30.35  shall submit the proposed design for the plate to the department 
 30.36  as soon as practicable, but not later than 120 days after the 
 31.1   effective date of the law authorizing issuance of the plate.  
 31.2   The department is responsible for selecting the final design for 
 31.3   the special license plate. 
 31.4      (b) The requester that originally requested a special 
 31.5   license plate subsequently approved by law may not submit a new 
 31.6   design for the plate within the five years following the date of 
 31.7   first issuance of the plate unless the inventory of those plates 
 31.8   has been exhausted.  The requester may deplete the remaining 
 31.9   inventory of the plates by reimbursing the department for the 
 31.10  cost of the plates. 
 31.11     Subd. 4.  [REFUND OF FEE.] If the special license plate 
 31.12  requested is not authorized in the legislative session at which 
 31.13  authorization was sought, the department shall refund $17,500 of 
 31.14  the application fee to the requester. 
 31.15     Subd. 5.  [DISCONTINUANCE OF PLATE.] (a) The department 
 31.16  shall discontinue the issuance or renewal of any special license 
 31.17  plate if (1) fewer than 1,000 sets of those plates are currently 
 31.18  registered at the end of the first six years during which the 
 31.19  plates are available, or (2) fewer than 1,000 sets of those 
 31.20  plates are currently registered at the end of any subsequent 
 31.21  two-year period following the first six years of availability. 
 31.22     (b) The department may discontinue the issuance or renewal 
 31.23  of any special license plate, and distribution of any 
 31.24  contributions resulting from that plate, if the department 
 31.25  determines that (1) the fund or requester receiving the 
 31.26  contributions no longer exists, (2) the requester has stopped 
 31.27  providing services that are authorized to be funded from the 
 31.28  contribution proceeds, (3) the requester has requested 
 31.29  discontinuance, or (4) contributions have been used in violation 
 31.30  of subdivision 6. 
 31.31     (c) Nothing in this subdivision applies to license plates 
 31.32  issued under section 168.123, 168.124, 168.125, or 168.1255. 
 31.33     Subd. 6.  [USE OF CONTRIBUTIONS.] Contributions made as a 
 31.34  condition of obtaining a special license plate, and interest 
 31.35  earned on the contributions, may not be spent for commercial or 
 31.36  for-profit purposes. 
 32.1      Subd. 7.  [DEPOSIT OF FEE; APPROPRIATION.] The commissioner 
 32.2   shall deposit the application fee under subdivision 2, paragraph 
 32.3   (a), clause (3), in the highway user tax distribution fund.  An 
 32.4   amount sufficient to pay the department's cost in implementing 
 32.5   and administering this section, including payment of refunds 
 32.6   under subdivision 4, is appropriated to the commissioner. 
 32.7      Sec. 19.  [168.1297] [SPECIAL "ROTARY MEMBER" LICENSE 
 32.8   PLATES.] 
 32.9      Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] The 
 32.10  registrar shall issue special "Rotary member" license plates to 
 32.11  an applicant who: 
 32.12     (1) is an owner or joint owner of a passenger automobile, 
 32.13  pickup truck, or van; 
 32.14     (2) pays a fee of $10 to cover the costs of handling and 
 32.15  manufacturing the plates; 
 32.16     (3) pays the registration tax required under section 
 32.17  168.013; 
 32.18     (4) pays the fees required under this chapter; 
 32.19     (5) submits proof to the registrar that the applicant is a 
 32.20  member of Rotary International; and 
 32.21     (6) complies with laws and rules governing registration and 
 32.22  licensing of vehicles and drivers. 
 32.23     Subd. 2.  [DESIGN.] A special license plate under this 
 32.24  section consists of a special license plate as described in 
 32.25  section 168.1291 with a unique symbol that is the recognized 
 32.26  emblem of Rotary International. 
 32.27     Subd. 3.  [COMPLIANCE WITH OTHER LAW.] The commissioner 
 32.28  shall take no action under this section unless the commissioner 
 32.29  determines that Rotary International, or one or more districts 
 32.30  of Rotary International, has complied with section 168.1293, 
 32.31  subdivision 2, paragraph (a).  Issuance and renewal of license 
 32.32  plates under this section are subject to section 168.1293, 
 32.33  subdivisions 3 to 6. 
 32.34     Sec. 20.  Minnesota Statutes 2002, section 168.54, 
 32.35  subdivision 4, is amended to read: 
 32.36     Subd. 4.  [TRANSFER FEE.] A fee of $2 $3 is imposed upon 
 33.1   every transfer of ownership by the commissioner of public safety 
 33.2   of any motor vehicle for which a registration certificate has 
 33.3   heretofore been issued under this chapter, except vehicles sold 
 33.4   for the purposes of salvage or dismantling or permanent removal 
 33.5   from the state. 
 33.6      Sec. 21.  Minnesota Statutes 2002, section 168A.29, 
 33.7   subdivision 1, is amended to read: 
 33.8      Subdivision 1.  [AMOUNTS.] (a) The department shall be paid 
 33.9   the following fees: 
 33.10     (1) for filing an application for and the issuance of an 
 33.11  original certificate of title, the sum of $2 $3; 
 33.12     (2) for each security interest when first noted upon a 
 33.13  certificate of title, including the concurrent notation of any 
 33.14  assignment thereof and its subsequent release or satisfaction, 
 33.15  the sum of $2, except that no fee is due for a security interest 
 33.16  filed by a public authority under section 168A.05, subdivision 
 33.17  8; 
 33.18     (3) for the transfer of the interest of an owner and the 
 33.19  issuance of a new certificate of title, the sum of $2 $3; 
 33.20     (4) for each assignment of a security interest when first 
 33.21  noted on a certificate of title, unless noted concurrently with 
 33.22  the security interest, the sum of $1; 
 33.23     (5) for issuing a duplicate certificate of title, the sum 
 33.24  of $4.  
 33.25     (b) After June 30, 1994, in addition to each of the fees 
 33.26  required under paragraph (a), clauses (1) and (3), the 
 33.27  department shall be paid $3.50.  The additional fee collected 
 33.28  under this paragraph must be deposited in the special revenue 
 33.29  fund and credited to the public safety motor vehicle account 
 33.30  established in section 299A.70. 
 33.31     Sec. 22.  Minnesota Statutes 2002, section 169.14, 
 33.32  subdivision 5a, is amended to read: 
 33.33     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 
 33.34  Local authorities may establish a school speed limit within a 
 33.35  school zone of a public or nonpublic school upon the basis of an 
 33.36  engineering and traffic investigation as prescribed by the 
 34.1   commissioner of transportation.  The establishment of a school 
 34.2   speed limit on any trunk highway shall be with the consent of 
 34.3   the commissioner of transportation.  Such school speed limits 
 34.4   shall be in effect when children are present, going to or 
 34.5   leaving school during opening or closing hours or during school 
 34.6   recess periods.  The school speed limit shall not be lower than 
 34.7   15 miles per hour and shall not be more than 20 30 miles per 
 34.8   hour below the established speed limit on an affected street or 
 34.9   highway if the established speed limit is 40 miles per hour or 
 34.10  greater. 
 34.11     (b) The school speed limit shall be effective upon the 
 34.12  erection of appropriate signs designating the speed and 
 34.13  indicating the beginning and end of the reduced speed zone.  Any 
 34.14  speed in excess of such posted school speed limit is unlawful.  
 34.15  All such signs shall be erected by the local authorities on 
 34.16  those streets and highways under their respective jurisdictions 
 34.17  and by the commissioner of transportation on trunk highways. 
 34.18     (c) For the purpose of this subdivision, "school zone" 
 34.19  means that section of a street or highway which abuts the 
 34.20  grounds of a school where children have access to the street or 
 34.21  highway from the school property or where an established school 
 34.22  crossing is located provided the school advance sign prescribed 
 34.23  by the manual on uniform traffic control devices adopted by the 
 34.24  commissioner of transportation pursuant to section 169.06 is in 
 34.25  place.  All signs erected by local authorities to designate 
 34.26  speed limits in school zones shall conform to the manual on 
 34.27  uniform control devices. 
 34.28     (d) Notwithstanding section 609.0331 or 609.101 or other 
 34.29  law to the contrary, a person who violates a speed limit 
 34.30  established under this subdivision is assessed an additional 
 34.31  surcharge equal to the amount of the fine imposed for the 
 34.32  violation, but not less than $25. 
 34.33     Sec. 23.  Minnesota Statutes 2002, section 169.791, 
 34.34  subdivision 1, is amended to read: 
 34.35     Subdivision 1.  [TERMS DEFINED.] (a) For purposes of this 
 34.36  section and sections 169.792 to 169.799 169.798, the following 
 35.1   terms have the meanings given. 
 35.2      (b) "Commissioner" means the commissioner of public safety. 
 35.3      (c) "District court administrator" or "court administrator" 
 35.4   means the district court administrator or a deputy district 
 35.5   court administrator of the district court that has jurisdiction 
 35.6   of a violation of this section.  
 35.7      (d) "Insurance identification card" means a card issued by 
 35.8   an obligor to an insured stating that security as required by 
 35.9   section 65B.48 has been provided for the insured's vehicle.  
 35.10     (e) "Law enforcement agency" means the law enforcement 
 35.11  agency that employed the peace officer who demanded proof of 
 35.12  insurance under this section or section 169.792.  
 35.13     (f) "Peace officer" or "officer" means an employee of a 
 35.14  political subdivision or state law enforcement agency, including 
 35.15  the Minnesota state patrol, who is licensed by the Minnesota 
 35.16  board of peace officer standards and training and is authorized 
 35.17  to make arrests for violations of traffic laws. 
 35.18     (g) "Proof of insurance" means an insurance identification 
 35.19  card, written statement, or insurance policy as defined by 
 35.20  section 65B.14, subdivision 2. 
 35.21     (h) "Vehicle" means a motor vehicle as defined in section 
 35.22  65B.43, subdivision 2, or a motorcycle as defined in section 
 35.23  65B.43, subdivision 13.  
 35.24     (i) "Written statement" means a written statement by a 
 35.25  licensed insurance agent stating the name and address of the 
 35.26  insured, the vehicle identification number of the insured's 
 35.27  vehicle, that a plan of reparation security as required by 
 35.28  section 65B.48 has been provided for the insured's vehicle, and 
 35.29  the dates of the coverage. 
 35.30     (j) The definitions in section 65B.43 apply to sections 
 35.31  169.792 to 169.799 169.798. 
 35.32     Sec. 24.  Minnesota Statutes 2002, section 169.796, is 
 35.33  amended by adding a subdivision to read: 
 35.34     Subd. 3.  [SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The 
 35.35  commissioner of public safety shall implement a monthly sampling 
 35.36  program to verify insurance coverage.  The sample must annually 
 36.1   include at least two percent of all drivers who own motor 
 36.2   vehicles, as defined in section 168.011, licensed in the state, 
 36.3   one-half of whom during the previous year have been convicted of 
 36.4   at least one vehicle insurance law violation, have had a 
 36.5   driver's license revoked or suspended due to habitual violation 
 36.6   of traffic laws, have had no insurance in effect at the time of 
 36.7   a reportable crash, or have been convicted of an alcohol-related 
 36.8   motor vehicle offense.  No sample may be selected based on race, 
 36.9   religion, physical or mental disability, economic status, or 
 36.10  geographic location.  
 36.11     (b) The commissioner shall request each vehicle owner 
 36.12  included in the sample to furnish insurance coverage information 
 36.13  to the commissioner within 30 days.  The request must require 
 36.14  the owner to state whether or not all motor vehicles owned by 
 36.15  that person were insured on the verification date stated in the 
 36.16  commissioner's request.  The request may require, but is not 
 36.17  limited to, a signed statement by the owner that the information 
 36.18  is true and correct, the names and addresses of insurers, policy 
 36.19  numbers, and expiration or renewal dates of insurance coverage. 
 36.20     (c) The commissioner shall conduct a verification of the 
 36.21  response by transmitting necessary information to the insurance 
 36.22  companies named in the owner's response.  
 36.23     (d) The insurance companies shall electronically notify the 
 36.24  commissioner, within 30 days of the commissioner's request, of 
 36.25  any false statements regarding coverage.  
 36.26     (e) The commissioner shall suspend, without preliminary 
 36.27  hearing, the driver's license, if any, of a vehicle owner who 
 36.28  falsely claims coverage, who indicates that coverage was not in 
 36.29  effect at the time specified in the request, or who fails to 
 36.30  respond to the commissioner's request to furnish proof of 
 36.31  insurance.  The commissioner shall comply with the notice 
 36.32  requirement of section 171.18, subdivision 2.  
 36.33     (f) Before reinstatement of the driver's license, there 
 36.34  must be filed with the commissioner of public safety the written 
 36.35  certificate of an insurance carrier authorized to do business in 
 36.36  the state stating that security has been provided as required by 
 37.1   section 65B.48.  The commissioner of public safety may require 
 37.2   the certificate of insurance provided to satisfy this 
 37.3   subdivision to be certified by the insurance carrier for a 
 37.4   period not to exceed one year.  The commissioner of public 
 37.5   safety may also require a certificate of insurance to be filed 
 37.6   with respect to all vehicles required to be insured under 
 37.7   section 65B.48 and owned by any person whose driving privileges 
 37.8   have been suspended as provided in this section before 
 37.9   reinstating the person's driver's license. 
 37.10     Sec. 25.  Minnesota Statutes 2002, section 169.797, 
 37.11  subdivision 4a, is amended to read: 
 37.12     Subd. 4a.  [REGISTRATION REVOCATION AND LICENSE 
 37.13  SUSPENSION.] The commissioner of public safety shall revoke the 
 37.14  registration of any vehicle and may shall suspend the driver's 
 37.15  license of any operator, without preliminary hearing upon a 
 37.16  showing by department records, including accident reports 
 37.17  required to be submitted by section 169.09, or other sufficient 
 37.18  evidence that security required by section 65B.48 has not been 
 37.19  provided and maintained.  Before reinstatement of the 
 37.20  registration, there shall be filed with the commissioner of 
 37.21  public safety the written certificate of an insurance carrier 
 37.22  authorized to do business in the state stating that security has 
 37.23  been provided as required by section 65B.48.  The commissioner 
 37.24  of public safety may require the certificate of insurance 
 37.25  provided to satisfy this subdivision to be certified by the 
 37.26  insurance carrier to be noncancelable for a period not to exceed 
 37.27  one year.  The commissioner of public safety may also require a 
 37.28  certificate of insurance to be filed with respect to all 
 37.29  vehicles required to be insured under section 65B.48 and owned 
 37.30  by any person whose driving privileges have been suspended or 
 37.31  revoked as provided in this section before reinstating the 
 37.32  person's driver's license. 
 37.33     Sec. 26.  Minnesota Statutes 2002, section 169.798, 
 37.34  subdivision 1, is amended to read: 
 37.35     Subdivision 1.  [AUTHORITY.] The commissioner of public 
 37.36  safety shall have the power and perform the duties imposed 
 38.1   by this section and sections 65B.41 to 65B.71, this section, and 
 38.2   sections 169.797 and 169.799, and may adopt rules to implement 
 38.3   and provide effective administration of the provisions requiring 
 38.4   security and governing termination of security. 
 38.5      Sec. 27.  Minnesota Statutes 2002, section 169.798, is 
 38.6   amended by adding a subdivision to read: 
 38.7      Subd. 4.  [ATTESTATION OF INSURANCE REQUIRED.] Every owner, 
 38.8   when applying for motor vehicle or motorcycle registration, 
 38.9   reregistration, or transfer of ownership, must attest that the 
 38.10  motor vehicle or motorcycle is covered by an insurance policy. 
 38.11     Sec. 28.  Minnesota Statutes 2002, section 169.826, 
 38.12  subdivision 1, is amended to read: 
 38.13     Subdivision 1.  [WINTER INCREASE AMOUNTS.] The limitations 
 38.14  provided in sections 169.822 to 169.829 are increased:  
 38.15     (1) by ten percent between the dates set by the 
 38.16  commissioner for each zone established by the commissioner based 
 38.17  on a freezing index model each winter, statewide;. 
 38.18     (2) by ten percent between the dates set by the 
 38.19  commissioner based on a freezing index model each winter, in the 
 38.20  zone bounded as follows:  beginning at Pigeon River in the 
 38.21  northeast corner of Minnesota; thence in a southwesterly 
 38.22  direction along the north shore of Lake Superior to the 
 38.23  northeastern city limits of Duluth; thence along the eastern and 
 38.24  southern city limits of Duluth to the junction with trunk 
 38.25  highway No. 210; thence westerly along trunk highway No. 210 to 
 38.26  the junction with trunk highway No. 10; thence northwesterly 
 38.27  along trunk highway No. 10 to the Minnesota-North Dakota border; 
 38.28  thence northerly along that border to the Minnesota-Canadian 
 38.29  Border; thence easterly along said Border to Lake Superior; and 
 38.30     (3) Subd. 1a.  [HARVEST SEASON INCREASE AMOUNT.] The 
 38.31  limitations provided in sections 169.822 to 169.829 are 
 38.32  increased by ten percent from the beginning of harvest to 
 38.33  November 30 each year for the movement of sugar beets, carrots, 
 38.34  and potatoes from the field of harvest to the point of the first 
 38.35  unloading.  Transfer of the product from a farm vehicle or small 
 38.36  farm trailer, within the meaning of chapter 168, to another 
 39.1   vehicle is not considered to be the first unloading.  The 
 39.2   commissioner shall not issue permits under this clause 
 39.3   subdivision if to do so will result in a loss of federal highway 
 39.4   funding to the state. 
 39.5      Sec. 29.  Minnesota Statutes 2002, section 169.826, is 
 39.6   amended by adding a subdivision to read: 
 39.7      Subd. 1b.  [NINE-TON COUNTY ROADS.] Despite the provisions 
 39.8   of subdivision 5 and sections 169.824, subdivision 2, paragraph 
 39.9   (a), clause (2), and 169.832, subdivision 11, a vehicle or 
 39.10  combination of vehicles with a gross vehicle weight up to 88,000 
 39.11  pounds may be operated on a nine-ton county road, consistent 
 39.12  with the increases allowed for vehicles operating on a ten-ton 
 39.13  road, during the time when the increases under subdivision 1 are 
 39.14  in effect in that zone. 
 39.15     Sec. 30.  Minnesota Statutes 2002, section 169.85, 
 39.16  subdivision 2, is amended to read: 
 39.17     Subd. 2.  [UNLOADING.] (a) Upon weighing a vehicle and 
 39.18  load, as provided in this section, an officer may require the 
 39.19  driver to stop the vehicle in a suitable place and remain 
 39.20  standing until a portion of the load is removed that is 
 39.21  sufficient to reduce the gross weight of the vehicle to the 
 39.22  limit permitted under either section 168.013, subdivision 3, 
 39.23  paragraph (b), or sections 169.822 to 169.829, whichever is the 
 39.24  lesser violation, if any.  A suitable place is a location where 
 39.25  loading or tampering with the load is not prohibited by federal, 
 39.26  state, or local law, rule, or ordinance.  
 39.27     (b) Except as provided in paragraph (c), a driver may be 
 39.28  required to unload a vehicle only if the weighing officer 
 39.29  determines that (1) on routes subject to the provisions of 
 39.30  sections 169.822 to 169.829, the weight on an axle exceeds the 
 39.31  lawful gross weight prescribed by sections 169.822 to 169.829, 
 39.32  by 2,000 pounds or more, or the weight on a group of two or more 
 39.33  consecutive axles in cases where the distance between the 
 39.34  centers of the first and last axles of the group under 
 39.35  consideration is ten feet or less exceeds the lawful gross 
 39.36  weight prescribed by sections 169.822 to 169.829, by 4,000 
 40.1   pounds or more; or (2) on routes designated by the commissioner 
 40.2   in section 169.832, subdivision 11, the overall weight of the 
 40.3   vehicle or the weight on an axle or group of consecutive axles 
 40.4   exceeds the maximum lawful gross weights prescribed by sections 
 40.5   169.822 to 169.829; or (3) the weight is unlawful on an axle or 
 40.6   group of consecutive axles on a road restricted in accordance 
 40.7   with section 169.87.  Material unloaded must be cared for by the 
 40.8   owner or driver of the vehicle at the risk of the owner or 
 40.9   driver. 
 40.10     (c) If the gross weight of the vehicle does not exceed the 
 40.11  vehicle's registered gross weight plus the weight allowance set 
 40.12  forth in section 168.013, subdivision 3, paragraph (b), and 
 40.13  plus, if applicable, the weight allowance permitted under 
 40.14  section 169.826, then the driver is not required to unload under 
 40.15  paragraph (b). 
 40.16     Sec. 31.  Minnesota Statutes 2002, section 169.86, 
 40.17  subdivision 5, is amended to read: 
 40.18     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 40.19  commissioner, with respect to highways under the commissioner's 
 40.20  jurisdiction, may charge a fee for each permit issued.  All such 
 40.21  fees for permits issued by the commissioner of transportation 
 40.22  shall be deposited in the state treasury and credited to the 
 40.23  trunk highway fund.  Except for those annual permits for which 
 40.24  the permit fees are specified elsewhere in this chapter, the 
 40.25  fees shall be: 
 40.26     (a) $15 for each single trip permit. 
 40.27     (b) $36 for each job permit.  A job permit may be issued 
 40.28  for like loads carried on a specific route for a period not to 
 40.29  exceed two months.  "Like loads" means loads of the same 
 40.30  product, weight, and dimension. 
 40.31     (c) $60 for an annual permit to be issued for a period not 
 40.32  to exceed 12 consecutive months.  Annual permits may be issued 
 40.33  for: 
 40.34     (1) motor vehicles used to alleviate a temporary crisis 
 40.35  adversely affecting the safety or well-being of the public; 
 40.36     (2) motor vehicles which travel on interstate highways and 
 41.1   carry loads authorized under subdivision 1a; 
 41.2      (3) motor vehicles operating with gross weights authorized 
 41.3   under section 169.826, subdivision 1, clause (3) 1a; 
 41.4      (4) special pulpwood vehicles described in section 169.863; 
 41.5      (5) motor vehicles bearing snowplow blades not exceeding 
 41.6   ten feet in width; and 
 41.7      (6) noncommercial transportation of a boat by the owner or 
 41.8   user of the boat. 
 41.9      (d) $120 for an oversize annual permit to be issued for a 
 41.10  period not to exceed 12 consecutive months.  Annual permits may 
 41.11  be issued for:  
 41.12     (1) mobile cranes; 
 41.13     (2) construction equipment, machinery, and supplies; 
 41.14     (3) manufactured homes; 
 41.15     (4) implements of husbandry when the movement is not made 
 41.16  according to the provisions of paragraph (i); 
 41.17     (5) double-deck buses; 
 41.18     (6) commercial boat hauling.  
 41.19     (e) For vehicles which have axle weights exceeding the 
 41.20  weight limitations of sections 169.822 to 169.829, an additional 
 41.21  cost added to the fees listed above.  However, this paragraph 
 41.22  applies to any vehicle described in section 168.013, subdivision 
 41.23  3, paragraph (b), but only when the vehicle exceeds its gross 
 41.24  weight allowance set forth in that paragraph, and then the 
 41.25  additional cost is for all weight, including the allowance 
 41.26  weight, in excess of the permitted maximum axle weight.  The 
 41.27  additional cost is equal to the product of the distance traveled 
 41.28  times the sum of the overweight axle group cost factors shown in 
 41.29  the following chart:  
 41.30                 Overweight Axle Group Cost Factors 
 41.31  Weight (pounds)         Cost Per Mile For Each Group Of:
 41.32  exceeding       Two consec-     Three consec-   Four consec-
 41.33  weight          utive axles     utive axles     utive axles
 41.34  limitations     spaced within   spaced within   spaced within
 41.35  on axles        8 feet or less  9 feet or less  14 feet or less 
 41.36       0-2,000    .12             .05             .04
 42.1    2,001-4,000    .14             .06             .05
 42.2    4,001-6,000    .18             .07             .06
 42.3    6,001-8,000    .21             .09             .07
 42.4    8,001-10,000   .26             .10             .08
 42.5   10,001-12,000   .30             .12             .09
 42.6   12,001-14,000   Not permitted   .14             .11
 42.7   14,001-16,000   Not permitted   .17             .12
 42.8   16,001-18,000   Not permitted   .19             .15
 42.9   18,001-20,000   Not permitted   Not permitted   .16
 42.10  20,001-22,000   Not permitted   Not permitted   .20
 42.11  The amounts added are rounded to the nearest cent for each axle 
 42.12  or axle group.  The additional cost does not apply to paragraph 
 42.13  (c), clauses (1) and (3).  
 42.14  For a vehicle found to exceed the appropriate maximum permitted 
 42.15  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 42.16  a ton, over the permitted maximum weight is imposed in addition 
 42.17  to the normal permit fee.  Miles must be calculated based on the 
 42.18  distance already traveled in the state plus the distance from 
 42.19  the point of detection to a transportation loading site or 
 42.20  unloading site within the state or to the point of exit from the 
 42.21  state. 
 42.22     (f) As an alternative to paragraph (e), an annual permit 
 42.23  may be issued for overweight, or oversize and overweight, 
 42.24  construction equipment, machinery, and supplies.  The fees for 
 42.25  the permit are as follows:  
 42.26  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 42.27       90,000 or less                             $200
 42.28       90,001 - 100,000                           $300
 42.29      100,001 - 110,000                           $400
 42.30      110,001 - 120,000                           $500
 42.31      120,001 - 130,000                           $600
 42.32      130,001 - 140,000                           $700
 42.33      140,001 - 145,000                           $800
 42.34  If the gross weight of the vehicle is more than 145,000 pounds 
 42.35  the permit fee is determined under paragraph (e). 
 42.36     (g) For vehicles which exceed the width limitations set 
 43.1   forth in section 169.80 by more than 72 inches, an additional 
 43.2   cost equal to $120 added to the amount in paragraph (a) when the 
 43.3   permit is issued while seasonal load restrictions pursuant to 
 43.4   section 169.87 are in effect. 
 43.5      (h) $85 for an annual permit to be issued for a period not 
 43.6   to exceed 12 months, for refuse-compactor vehicles that carry a 
 43.7   gross weight of not more than:  22,000 pounds on a single rear 
 43.8   axle; 38,000 pounds on a tandem rear axle; or, subject to 
 43.9   section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 43.10  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 43.11  axle must limit the gross vehicle weight to not more than 62,000 
 43.12  pounds. 
 43.13     (i) For vehicles exclusively transporting implements of 
 43.14  husbandry, an annual permit fee of $24.  A vehicle operated 
 43.15  under a permit authorized by this paragraph may be moved at the 
 43.16  discretion of the permit holder without prior route approval by 
 43.17  the commissioner if: 
 43.18     (1) the total width of the transporting vehicle, including 
 43.19  load, does not exceed 14 feet; 
 43.20     (2) the vehicle is operated only between sunrise and 30 
 43.21  minutes after sunset, and is not operated at any time after 
 43.22  12:00 noon on Sundays or holidays; 
 43.23     (3) the vehicle is not operated when visibility is impaired 
 43.24  by weather, fog, or other conditions that render persons and 
 43.25  other vehicles not clearly visible at 500 feet; 
 43.26     (4) the vehicle displays at the front and rear of the load 
 43.27  or vehicle a pair of flashing amber lights, as provided in 
 43.28  section 169.59, subdivision 4, whenever the overall width of the 
 43.29  vehicle exceeds 126 inches; and 
 43.30     (5) the vehicle is not operated on a trunk highway with a 
 43.31  surfaced roadway width of less than 24 feet unless such 
 43.32  operation is authorized by the permit. 
 43.33  A permit under this paragraph authorizes movements of the 
 43.34  permitted vehicle on an interstate highway, and movements of 75 
 43.35  miles or more on other highways. 
 43.36     Sec. 32.  Minnesota Statutes 2002, section 171.20, 
 44.1   subdivision 4, is amended to read: 
 44.2      Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 44.3   reinstated, (1) a person whose driver's license has been 
 44.4   suspended under section 171.16, subdivision 2; 171.18, except 
 44.5   subdivision 1, clause (10); or 171.182, or who has been 
 44.6   disqualified from holding a commercial driver's license under 
 44.7   section 171.165, and (2) a person whose driver's license has 
 44.8   been suspended under section 171.186 and who is not exempt from 
 44.9   such a fee, must pay a fee of $20.  
 44.10     (b) Before the license is reinstated, a person whose 
 44.11  license has been suspended or revoked under sections 169.791 to 
 44.12  169.798 must pay a $20 reinstatement fee. 
 44.13     (c) When fees are collected by a licensing agent appointed 
 44.14  under section 171.061, a handling charge is imposed in the 
 44.15  amount specified under section 171.061, subdivision 4.  The 
 44.16  reinstatement fee and surcharge must be deposited in an approved 
 44.17  state depository as directed under section 171.061, subdivision 
 44.18  4.  
 44.19     (d) A suspension may be rescinded without fee for good 
 44.20  cause. 
 44.21     Sec. 33.  Minnesota Statutes 2002, section 171.29, 
 44.22  subdivision 2, is amended to read: 
 44.23     Subd. 2.  [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 
 44.24  (a) A person whose driver's license has been revoked as provided 
 44.25  in subdivision 1, except under section 169A.52, 169A.54, or 
 44.26  609.21, shall pay a $30 fee before the driver's license is 
 44.27  reinstated. 
 44.28     (b) A person whose driver's license has been revoked as 
 44.29  provided in subdivision 1 under section 169A.52, 169A.54, or 
 44.30  609.21, shall pay a $250 fee plus a $40 surcharge before the 
 44.31  driver's license is reinstated.  Beginning July 1, 2002, the 
 44.32  surcharge is $145.  Beginning July 1, 2003, the surcharge is 
 44.33  $380 $430.  The $250 fee is to be credited as follows: 
 44.34     (1) Twenty percent must be credited to the trunk highway 
 44.35  fund. 
 44.36     (2) Sixty-seven percent must be credited to the general 
 45.1   fund. 
 45.2      (3) Eight percent must be credited to a separate account to 
 45.3   be known as the bureau of criminal apprehension account.  Money 
 45.4   in this account may be appropriated to the commissioner of 
 45.5   public safety and the appropriated amount must be apportioned 80 
 45.6   percent for laboratory costs and 20 percent for carrying out the 
 45.7   provisions of section 299C.065. 
 45.8      (4) Five percent must be credited to a separate account to 
 45.9   be known as the vehicle forfeiture account, which is created in 
 45.10  the special revenue fund.  The money in the account is annually 
 45.11  appropriated to the commissioner for costs of handling vehicle 
 45.12  forfeitures. 
 45.13     (c) The revenue from $50 of each surcharge must be credited 
 45.14  to a separate account to be known as the traumatic brain injury 
 45.15  and spinal cord injury account.  The money in the account is 
 45.16  annually appropriated to the commissioner of health to be used 
 45.17  as follows:  35 percent for a contract with a 83 percent for 
 45.18  contracts with a qualified community-based organization to 
 45.19  provide information, resources, and support to assist persons 
 45.20  with traumatic brain injury and their families to access 
 45.21  services, and 65 17 percent to maintain the traumatic brain 
 45.22  injury and spinal cord injury registry created in section 
 45.23  144.662.  For the purposes of this clause, a "qualified 
 45.24  community-based organization" is a private, not-for-profit 
 45.25  organization of consumers of traumatic brain injury services and 
 45.26  their family members.  The organization must be registered with 
 45.27  the United States Internal Revenue Service under section 
 45.28  501(c)(3) as a tax-exempt organization and must have as its 
 45.29  purposes:  
 45.30     (i) the promotion of public, family, survivor, and 
 45.31  professional awareness of the incidence and consequences of 
 45.32  traumatic brain injury; 
 45.33     (ii) the provision of a network of support for persons with 
 45.34  traumatic brain injury, their families, and friends; 
 45.35     (iii) the development and support of programs and services 
 45.36  to prevent traumatic brain injury; 
 46.1      (iv) the establishment of education programs for persons 
 46.2   with traumatic brain injury; and 
 46.3      (v) the empowerment of persons with traumatic brain injury 
 46.4   through participation in its governance. 
 46.5   No patient's name, identifying information, or identifiable 
 46.6   medical data will be disclosed to the organization without the 
 46.7   informed voluntary written consent of the patient or patient's 
 46.8   guardian or, if the patient is a minor, of the parent or 
 46.9   guardian of the patient. 
 46.10     (c) (d) The remainder of the surcharge must be credited to 
 46.11  a separate account to be known as the remote electronic 
 46.12  alcohol-monitoring program account.  The commissioner shall 
 46.13  transfer the balance of this account to the commissioner of 
 46.14  finance on a monthly basis for deposit in the general fund. 
 46.15     (d) (e) When these fees are collected by a licensing agent, 
 46.16  appointed under section 171.061, a handling charge is imposed in 
 46.17  the amount specified under section 171.061, subdivision 4.  The 
 46.18  reinstatement fees and surcharge must be deposited in an 
 46.19  approved state depository as directed under section 171.061, 
 46.20  subdivision 4. 
 46.21     Sec. 34.  Minnesota Statutes 2002, section 174.03, is 
 46.22  amended by adding a subdivision to read: 
 46.23     Subd. 9.  [FORECAST OF REVENUES AND EXPENDITURES.] In 
 46.24  cooperation with the department of finance and as required by 
 46.25  section 16A.103, the commissioner shall prepare in February and 
 46.26  November of each year a forecast of highway user tax 
 46.27  distribution fund and trunk highway fund revenues and 
 46.28  expenditures.  The forecast must include an analysis of economic 
 46.29  information and the potential impact on highway user fund 
 46.30  revenues, historical growth rate information, and other 
 46.31  variables affecting revenue assumptions and forecasted future 
 46.32  growth rates.  The forecast must include an analysis of trunk 
 46.33  highway bonding and the necessary debt service payments, and 
 46.34  assumptions regarding federal transportation funds.  The 
 46.35  commissioner shall review the forecast information with the 
 46.36  chairs of the senate and house of representatives committees 
 47.1   with jurisdiction over finance, way and means, and 
 47.2   transportation finance and with legislative fiscal staff no 
 47.3   later than two weeks before the forecast is released and shall 
 47.4   inform the chairs and staff of changes made from previous 
 47.5   forecasts. 
 47.6      Sec. 35.  Minnesota Statutes 2002, section 174.24, 
 47.7   subdivision 1, is amended to read: 
 47.8      Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A public transit 
 47.9   participation program is established to carry out the objectives 
 47.10  stated in section 174.21 by providing financial assistance from 
 47.11  the state, including the greater Minnesota transit fund 
 47.12  established in section 16A.88, to eligible recipients outside of 
 47.13  the metropolitan area.  
 47.14     Sec. 36.  Minnesota Statutes 2002, section 174.24, 
 47.15  subdivision 3b, is amended to read: 
 47.16     Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
 47.17  shall determine the total operating cost of any public transit 
 47.18  system receiving or applying for assistance in accordance with 
 47.19  generally accepted accounting principles.  To be eligible for 
 47.20  financial assistance, an applicant or recipient shall provide to 
 47.21  the commissioner all financial records and other information and 
 47.22  shall permit any inspection reasonably necessary to determine 
 47.23  total operating cost and correspondingly the amount of 
 47.24  assistance which that may be paid to the applicant or recipient. 
 47.25  Where more than one county or municipality contributes 
 47.26  assistance to the operation of a public transit system, the 
 47.27  commissioner shall identify one as lead agency for the purpose 
 47.28  of receiving money under this section.  
 47.29     (b) Prior to distributing operating assistance to eligible 
 47.30  recipients for any contract period, the commissioner shall place 
 47.31  all recipients into one of the following classifications:  
 47.32  urbanized area service, small urban area service, rural area 
 47.33  service, and elderly and handicapped service.  The commissioner 
 47.34  shall distribute funds under this section so that the percentage 
 47.35  of total operating cost paid by any recipient from local sources 
 47.36  will not exceed the percentage for that recipient's 
 48.1   classification, except as provided in an undue hardship case.  
 48.2   The percentages must be:  for urbanized area service and small 
 48.3   urban area service, 40 20 percent; for rural area service, 35 15 
 48.4   percent; and for elderly and handicapped service, 35 15 percent. 
 48.5   The remainder of the total operating cost will be paid from 
 48.6   state funds less any assistance received by the recipient from 
 48.7   any federal source.  For purposes of this subdivision "local 
 48.8   sources" means payments under section 174.242 plus all local 
 48.9   sources of funds and includes all operating revenue, tax levies, 
 48.10  and contributions from public funds, except that the 
 48.11  commissioner may exclude from the total assistance contract 
 48.12  revenues derived from operations the cost of which is excluded 
 48.13  from the computation of total operating cost.  Total operating 
 48.14  costs of the Duluth transit authority or a successor agency 
 48.15  shall does not include costs related to the Superior, Wisconsin 
 48.16  service contract and the independent school district No. 709 
 48.17  service contract.  For calendar years 2004 and 2005, to enable 
 48.18  public transit systems to meet the provisions of this section 
 48.19  the commissioner may adjust payments of financial assistance to 
 48.20  recipients that were under a contract with the department on 
 48.21  January 1, 2003.  Payments to such a recipient in calendar years 
 48.22  2004 and 2005 from the greater Minnesota transit fund, may not 
 48.23  be less than the payment to the recipient from that fund in 
 48.24  calendar year 2003, except for reductions made necessary by 
 48.25  reductions in base funding for those years. 
 48.26     (c) If a recipient informs the commissioner in writing 
 48.27  after the establishment of these percentages but prior to the 
 48.28  distribution of financial assistance for any year that paying 
 48.29  its designated percentage of total operating cost from local 
 48.30  sources will cause undue hardship, the commissioner may reduce 
 48.31  the percentage to be paid from local sources by the recipient 
 48.32  and increase the percentage to be paid from local sources by one 
 48.33  or more other recipients inside or outside the classification, 
 48.34  provided that no recipient shall have its.  However, the 
 48.35  commissioner may not reduce or increase any recipient's 
 48.36  percentage thus reduced or increased under this paragraph for 
 49.1   more than two years successively.  If for any year the funds 
 49.2   appropriated to the commissioner to carry out the purposes of 
 49.3   this section are insufficient to allow the commissioner to pay 
 49.4   the state share of total operating cost as provided in this 
 49.5   paragraph, the commissioner shall reduce the state share in each 
 49.6   classification to the extent necessary. 
 49.7      Sec. 37.  Minnesota Statutes 2002, section 174.24, 
 49.8   subdivision 5, is amended to read: 
 49.9      Subd. 5.  [METHOD OF PAYMENT, OPERATING ASSISTANCE.] 
 49.10  Payments for operating assistance under this section shall must 
 49.11  be made in the following manner:  
 49.12     (a) For payments made from the general fund: 
 49.13     (1) 50 percent of the total contract amount in the first 
 49.14  month of operation; 
 49.15     (2) 40 percent of the total contract amount in the seventh 
 49.16  month of operation; 
 49.17     (3) 9 percent of the total contract amount in the 12th 
 49.18  month of operation; and 
 49.19     (4) 1 percent of the total contract amount after the final 
 49.20  audit.  
 49.21     (b) For payments made from the greater Minnesota transit 
 49.22  fund: 
 49.23     (1) 50 percent of the total contract amount in the seventh 
 49.24  month of operation; and 
 49.25     (2) 50 percent of the total contract amount in the 11th 
 49.26  month of operation. 
 49.27     Sec. 38.  Minnesota Statutes 2002, section 174.55, 
 49.28  subdivision 2, is amended to read: 
 49.29     Subd. 2.  [COMPOSITION.] The major transportation projects 
 49.30  commission is composed of the governor or the governor's 
 49.31  designee; four citizen members appointed by the governor and 
 49.32  serving at the pleasure of the governor; seven senators 
 49.33  appointed by the subcommittee on committees of the committee on 
 49.34  rules and administration, three of whom must not be members of 
 49.35  the senate majority party; and seven members of the house of 
 49.36  representatives appointed by the speaker, three of whom must not 
 50.1   be members of the house majority party.  The commissioner of 
 50.2   transportation shall serve as a nonvoting member unless the 
 50.3   commissioner is the governor's designee.  The commission shall 
 50.4   elect a chair from among its members.  Nongovernment members of 
 50.5   the commission shall receive compensation in accordance with 
 50.6   section 15.059, subdivision 3.  The commission expires June 30, 
 50.7   2003. 
 50.8      Sec. 39.  Minnesota Statutes 2002, section 275.71, 
 50.9   subdivision 5, is amended to read: 
 50.10     Subd. 5.  [PROPERTY TAX LEVY LIMIT.] Notwithstanding any 
 50.11  other provision of a municipal charter which limits ad valorem 
 50.12  taxes to a lesser amount, or which would require a separate 
 50.13  voter approval for any increase, for taxes levied in 2001 and 
 50.14  2002, the property tax levy limit for a local governmental unit 
 50.15  is equal to its adjusted levy limit base determined under 
 50.16  subdivision 4 plus any additional levy authorized under section 
 50.17  275.73, which is levied against net tax capacity, reduced by the 
 50.18  sum of (i) the total amount of aids and reimbursements that the 
 50.19  local governmental unit is certified to receive under sections 
 50.20  477A.011 to 477A.014, except for the increases in city aid bases 
 50.21  in calendar year 2002 under section 477A.011, subdivision 36, 
 50.22  paragraphs (n), (p), and (q), (ii) homestead and agricultural 
 50.23  aids it is certified to receive under section 273.1398, (iii) 
 50.24  taconite aids under sections 298.28 and 298.282 including any 
 50.25  aid which was required to be placed in a special fund for 
 50.26  expenditure in the next succeeding year, and (iv) low-income 
 50.27  housing aid under sections 477A.06 and 477A.065, and (v) 
 50.28  property tax replacement aids under section 174.242. 
 50.29     Sec. 40.  Minnesota Statutes 2002, section 297B.09, 
 50.30  subdivision 1, is amended to read: 
 50.31     Subdivision 1.  [DEPOSIT OF REVENUES.] (a) Money collected 
 50.32  and received under this chapter must be deposited as provided in 
 50.33  this subdivision.  
 50.34     (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 
 50.35  the money collected and received must be deposited in the 
 50.36  highway user tax distribution fund, and the remaining money must 
 51.1   be deposited in the general fund.  
 51.2      (c) On and after July 1, 2002, 32 percent of the money 
 51.3   collected and received must be deposited in the highway user tax 
 51.4   distribution fund, 20.5 percent must be deposited in the 
 51.5   metropolitan area transit fund under section 16A.88, and 1.25 
 51.6   percent must be deposited in the greater Minnesota transit fund 
 51.7   under section 16A.88.  In fiscal year 2004 and thereafter, two 
 51.8   percent of the money collected and received must be deposited in 
 51.9   the metropolitan area transit appropriation account under 
 51.10  section 16A.88.  The remaining money must be deposited in the 
 51.11  general fund. 
 51.12     Sec. 41.  Minnesota Statutes 2002, section 299A.465, 
 51.13  subdivision 4, is amended to read: 
 51.14     Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
 51.15  employer subject to this section may annually apply by August 1 
 51.16  for the preceding fiscal year to the commissioner of public 
 51.17  safety for reimbursement to help defray a portion of its costs 
 51.18  of complying with this section.  The commissioner shall provide 
 51.19  reimbursement an equal pro rata share to the public employer out 
 51.20  of the public safety officer's benefit account based on the 
 51.21  availability of funds for each eligible officer, firefighter, 
 51.22  and qualifying dependents.  Individual shares must not exceed 
 51.23  the actual costs of providing coverage under this section by a 
 51.24  public employer. 
 51.25     Sec. 42.  [299A.80] [ADMINISTRATIVE POWERS AND PENALTIES; 
 51.26  GENERAL.] 
 51.27     Subdivision 1.  [DEFINITIONS.] (a) For purposes of sections 
 51.28  299A.80 to 299A.802, the terms defined in this subdivision have 
 51.29  the meanings given them. 
 51.30     (b) "Administrative agent" means a person or entity 
 51.31  licensed by or granted authority by the commissioner of public 
 51.32  safety under: 
 51.33     (1) section 168.33 as a deputy registrar; 
 51.34     (2) section 168C.11 as a deputy registrar of bicycles; or 
 51.35     (3) section 171.061 as a driver's license agent. 
 51.36     (c) "Other authority" means licenses, orders, stipulation 
 52.1   agreements, settlements, or compliance agreements adopted or 
 52.2   issued by the commissioner of public safety. 
 52.3      (d) "Commissioner" means the commissioner of public safety. 
 52.4      (e) "License" means a license, permit, registration, 
 52.5   appointment, or certificate issued or granted to an 
 52.6   administrative agent by the commissioner of public safety. 
 52.7      Subd. 2.  [APPLICABILITY.] Sections 299A.80 to 299A.802 
 52.8   apply to administrative agents licensed by or subject to other 
 52.9   authority of the commissioner. 
 52.10     Subd. 3.  [CUMULATIVE REMEDY.] The authority of the 
 52.11  commissioner to issue a corrective order or assess an 
 52.12  administrative penalty under sections 299A.80 to 299A.802 is in 
 52.13  addition to other remedies available under statutory or common 
 52.14  law, except that the state may not seek a civil penalty under 
 52.15  any other law for a violation covered by an administrative 
 52.16  penalty order.  The payment of a penalty does not preclude the 
 52.17  use of other enforcement provisions, under which civil fines are 
 52.18  not assessed, in connection with the violation for which the 
 52.19  penalty was assessed. 
 52.20     Subd. 4.  [ACCESS TO INFORMATION AND PROPERTY.] The 
 52.21  commissioner, an employee, or an agent authorized by the 
 52.22  commissioner, upon presentation of credentials, may: 
 52.23     (1) examine and copy any books, papers, records, memoranda, 
 52.24  or data of an administrative agent; and 
 52.25     (2) enter upon any property where an administrative agent 
 52.26  conducts its place of business to take actions authorized under 
 52.27  statute, rule, or other authority, including (i) obtaining 
 52.28  information from an administrative agent who has a duty to 
 52.29  provide information under statute, rule, or other authority, (ii)
 52.30  taking steps to remedy violations, or (iii) conducting surveys 
 52.31  or investigations. 
 52.32     Subd. 5.  [FALSE INFORMATION.] (a) An administrative agent 
 52.33  may not: 
 52.34     (1) make a false material statement, representation, or 
 52.35  certification in a required document; 
 52.36     (2) omit material information from a required document; or 
 53.1      (3) alter, conceal, or fail to file or maintain a required 
 53.2   document. 
 53.3      (b) In this section, "required document" means a notice, 
 53.4   application, record, report, plan, or other document required 
 53.5   under statute, rule, or other authority. 
 53.6      Subd. 6.  [ENFORCEMENT.] (a) The attorney general may 
 53.7   proceed on behalf of the state to enforce administrative 
 53.8   penalties that are due and payable under section 299A.802 in any 
 53.9   manner provided by law for the collection of debts. 
 53.10     (b) The attorney general may petition the district court to 
 53.11  file a final administrative penalty order as an order of the 
 53.12  court.  At any court hearing to enforce a final administrative 
 53.13  penalty order, the only issues the parties may contest are 
 53.14  procedural and notice issues.  Once entered, the administrative 
 53.15  penalty order may be enforced in the same manner as a final 
 53.16  judgment of the district court.  This paragraph does not 
 53.17  preclude district court review of the merits of an 
 53.18  administrative penalty order if the order is appealed by the 
 53.19  administrative agent under section 299A.802, subdivision 5. 
 53.20     (c) If an administrative agent fails to pay an 
 53.21  administrative penalty, the attorney general may bring a civil 
 53.22  action in district court seeking payment of the penalty, 
 53.23  injunctive relief, or other appropriate relief including 
 53.24  monetary damages, attorney fees, costs, and interest. 
 53.25     Subd. 7.  [RECOVERY OF REASONABLE COSTS AND ATTORNEY 
 53.26  FEES.] (a) In any judicial action brought by the attorney 
 53.27  general for civil penalties, injunctive relief, or an action to 
 53.28  compel performance pursuant to this section, if the state 
 53.29  finally prevails, and if the proven violation was willful, the 
 53.30  state, in addition to other penalties provided by law, may be 
 53.31  allowed an amount determined by the court to be the reasonable 
 53.32  value of all or part of the costs and attorney fees incurred by 
 53.33  the state or the prevailing party.  In determining the amount of 
 53.34  the reasonable costs and attorney fees to be allowed, the court 
 53.35  must give consideration to the economic circumstances of the 
 53.36  defendant. 
 54.1      (b) However, if a defendant prevails, the court may award 
 54.2   the reasonable value of all or part of the reasonable costs and 
 54.3   attorney fees incurred by the defendant. 
 54.4      Subd. 8.  [EDUCATION AND COMPLIANCE ACCOUNT; MONEY 
 54.5   ALLOCATED.] An education and compliance account is created for 
 54.6   the deposit of administrative penalty order receipts.  Of the 
 54.7   funds deposited in this account, $5,000 each year is 
 54.8   appropriated to the commissioner for education and compliance 
 54.9   activities related to the regulated parties affected by this 
 54.10  chapter.  At the end of each biennium, all money not expended 
 54.11  lapses to the general fund. 
 54.12     Subd. 9.  [PLAN FOR USING ADMINISTRATIVE PENALTIES AND 
 54.13  CEASE AND DESIST AUTHORITY.] The commissioner shall prepare a 
 54.14  plan for using the administrative penalty order and cease and 
 54.15  desist authority in this section.  The commissioner shall 
 54.16  provide a 30-day period for public comment on the plan.  The 
 54.17  plan must be finalized by July 1, 2004, and may be modified as 
 54.18  necessary upon subsequent notice and opportunity for comment. 
 54.19     Sec. 43.  [299A.801] [CORRECTIVE ORDERS AND INJUNCTIONS.] 
 54.20     Subdivision 1.  [CORRECTIVE ORDERS.] (a) Before seeking an 
 54.21  administrative penalty order under section 299A.802, the 
 54.22  commissioner must issue a corrective order that requires the 
 54.23  administrative agent to correct the violation of statute, rule, 
 54.24  or other authority.  The corrective order must state the 
 54.25  deficiencies that constitute the violation of the specific 
 54.26  statute, rule, or other authority, and the time by which the 
 54.27  violation must be corrected.  In addition to service by 
 54.28  certified mail on the administrative agent, a copy of the 
 54.29  corrective order must be given to the county auditor in the 
 54.30  county where the administrative agent is located.  
 54.31     (b) The administrative agent to whom the corrective order 
 54.32  was issued shall provide information to the commissioner, by the 
 54.33  due date stated in the corrective order, demonstrating that the 
 54.34  violation has been corrected or that the administrative agent 
 54.35  has developed a corrective plan acceptable to the commissioner.  
 54.36  The commissioner must determine whether the violation has been 
 55.1   corrected and notify the administrative agent subject to the 
 55.2   order of the commissioner's determination. 
 55.3      (c) If the administrative agent believes that the 
 55.4   information contained in the commissioner's corrective order is 
 55.5   in error, the administrative agent may ask the commissioner to 
 55.6   reconsider the parts of the corrective order that are alleged to 
 55.7   be in error.  The request must: 
 55.8      (1) be in writing; 
 55.9      (2) be delivered to the commissioner by certified mail 
 55.10  within seven calendar days after receipt of the corrective 
 55.11  order; 
 55.12     (3) specify which parts of the corrective order are alleged 
 55.13  to be in error and explain why they are in error; and 
 55.14     (4) provide documentation to support the allegation of 
 55.15  error. 
 55.16     (d) The commissioner shall respond to requests made under 
 55.17  paragraph (c) within 15 calendar days after receiving a 
 55.18  request.  A request for reconsideration does not stay the 
 55.19  corrective order; however, after reviewing the request for 
 55.20  reconsideration, the commissioner may provide additional time to 
 55.21  comply with the order if necessary.  The commissioner's 
 55.22  disposition of a request for reconsideration of a corrective 
 55.23  order is final. 
 55.24     Subd. 2.  [CEASE AND DESIST ORDER.] The commissioner, or an 
 55.25  employee of the department designated by the commissioner, may 
 55.26  issue an order to cease an activity otherwise authorized by 
 55.27  statute, rule, or other authority if continuation of the 
 55.28  activity would result in an immediate risk to public safety.  A 
 55.29  cease and desist order issued under this subdivision is 
 55.30  effective for a maximum of 72 hours.  In conjunction with 
 55.31  issuing the cease and desist order, the commissioner may post a 
 55.32  sign to cease an activity until the cease and desist order is 
 55.33  lifted and the sign is removed by the commissioner.  To restrain 
 55.34  activities for a period beyond 72 hours, the commissioner must 
 55.35  seek an injunction or take other administrative action 
 55.36  authorized by law.  The issuance of a cease and desist order 
 56.1   does not preclude the commissioner from pursuing any other 
 56.2   enforcement action available to the commissioner. 
 56.3      Subd. 3.  [ACTION FOR INJUNCTIVE RELIEF.] In addition to 
 56.4   any other remedy provided by law, the commissioner may bring an 
 56.5   action for injunctive relief in the district court in Ramsey 
 56.6   county or, at the commissioner's discretion, in the district 
 56.7   court in the county in which a violation of a statute, rule, or 
 56.8   other authority has occurred to enjoin the violation. 
 56.9      Sec. 44.  [299A.802] [ADMINISTRATIVE PENALTY ORDERS.] 
 56.10     Subdivision 1.  [GENERAL.] The commissioner may issue an 
 56.11  administrative penalty order for a violation of statute, rule, 
 56.12  or other authority if an administrative agent has failed to 
 56.13  comply with a corrective order issued under section 299A.801 
 56.14  related to that violation.  The maximum amount of an 
 56.15  administrative penalty order is $10,000 for each administrative 
 56.16  agent for all violations identified in an inspection or review 
 56.17  of compliance.  In addition to service by certified mail on the 
 56.18  administrative agent, a copy of the administrative penalty order 
 56.19  must be given to the county auditor in the county where the 
 56.20  administrative agent is located.  
 56.21     Subd. 2.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 
 56.22  determining the amount of a penalty to be assessed under this 
 56.23  section, the commissioner may consider: 
 56.24     (1) the willfulness of the violation; 
 56.25     (2) the gravity of the violation, including damage to 
 56.26  consumers or the state; 
 56.27     (3) the history of past violations; 
 56.28     (4) the number of violations; 
 56.29     (5) the economic benefit gained by the administrative agent 
 56.30  by allowing or committing the violation; and 
 56.31     (6) other factors as justice may require, if the 
 56.32  commissioner specifically identifies the additional factors in 
 56.33  the commissioner's order. 
 56.34     (b) If an administrative agent violates a corrective order 
 56.35  after a violation of a previous corrective order, the 
 56.36  commissioner, in determining the amount of a penalty, must 
 57.1   consider the factors in paragraph (a) and the following factors: 
 57.2      (1) similarity of the most recent previous violation of a 
 57.3   corrective order and the violation to be penalized; 
 57.4      (2) time elapsed since the last violation of a corrective 
 57.5   order; 
 57.6      (3) number of previous violations; and 
 57.7      (4) response of the administrative agent to the most recent 
 57.8   previous violation identified. 
 57.9      Subd. 3.  [CONTENTS OF ORDER.] An administrative penalty 
 57.10  order under this section must include: 
 57.11     (1) a concise statement of the facts alleged to constitute 
 57.12  a violation; 
 57.13     (2) a reference to the portion of the statute, rule, 
 57.14  variance, order, or stipulation agreement or the term or 
 57.15  condition of a permit that has been violated; 
 57.16     (3) a description of the violation of the corrective order 
 57.17  that forms the basis for issuance of the administrative penalty 
 57.18  order; 
 57.19     (4) a statement of the amount of the administrative penalty 
 57.20  to be imposed and the factors upon which the penalty is based; 
 57.21  and 
 57.22     (5) a statement of the administrative agent's right to 
 57.23  review and appeal of the administrative penalty order. 
 57.24     Subd. 4.  [DUE DATE.] (a) Unless the administrative agent 
 57.25  requests review of the administrative penalty order under 
 57.26  subdivision 5 before the penalty is due, the penalty in the 
 57.27  order is due and payable on the 31st day after the 
 57.28  administrative penalty order was received, if the administrative 
 57.29  agent subject to the order fails to provide information to the 
 57.30  commissioner showing that the violation has been corrected or 
 57.31  that appropriate steps have been taken toward correcting the 
 57.32  violation.  These requirements may be waived or extended by the 
 57.33  commissioner.  
 57.34     (b) Interest at the rate established in section 549.09 
 57.35  begins to accrue on penalties under this subdivision on the 31st 
 57.36  day after the order with the penalty was received, unless waived 
 58.1   by the commissioner. 
 58.2      Subd. 5.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
 58.3   days after receiving an administrative penalty order, the 
 58.4   administrative agent subject to an order under this section may 
 58.5   request an expedited hearing, using the procedures of Minnesota 
 58.6   Rules, parts 1400.8510 to 1400.8612, or their successor rules, 
 58.7   to review the commissioner's action.  The hearing request must 
 58.8   specifically state the reasons for seeking review of the 
 58.9   administrative penalty order.  The administrative agent to whom 
 58.10  the administrative penalty order is directed and the 
 58.11  commissioner are the parties to the expedited hearing.  At least 
 58.12  15 days before the hearing, the commissioner shall notify the 
 58.13  administrative agent to whom the administrative penalty order is 
 58.14  directed of the time and place of the hearing.  The expedited 
 58.15  hearing must be held within 30 days after a request for hearing 
 58.16  has been filed with the commissioner unless the parties agree to 
 58.17  a later date. 
 58.18     (b) All written arguments must be submitted within ten days 
 58.19  following the close of the hearing.  The hearing must be 
 58.20  conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
 58.21  or their successor rules, as modified by this subdivision.  The 
 58.22  office of administrative hearings, in consultation with the 
 58.23  agency, may adopt rules specifically applicable to cases under 
 58.24  this section. 
 58.25     (c) Within 30 days following the close of the record, the 
 58.26  administrative law judge shall issue a report making 
 58.27  recommendations about the commissioner's action to the 
 58.28  commissioner.  The administrative law judge may not recommend a 
 58.29  change in the amount of the proposed administrative penalty 
 58.30  unless the administrative law judge determines that, based on 
 58.31  the factors in subdivision 1, the amount of the administrative 
 58.32  penalty is unreasonable.  
 58.33     (d) If the administrative law judge makes a finding that 
 58.34  the hearing was requested solely for purposes of delay or that 
 58.35  the hearing request was frivolous, the commissioner may add to 
 58.36  the amount of the administrative penalty the costs charged to 
 59.1   the agency by the office of administrative hearings for the 
 59.2   hearing. 
 59.3      (e) If a hearing has been held, the commissioner may not 
 59.4   issue a final order until at least five days after receipt of 
 59.5   the report of the administrative law judge.  Within those five 
 59.6   days, the administrative agent to whom an administrative penalty 
 59.7   order is issued may comment to the commissioner on the 
 59.8   recommendations and the commissioner shall consider the 
 59.9   comments.  The final administrative penalty order may be 
 59.10  appealed to the district court for a de novo review of the order.
 59.11     (f) If a hearing has been held and a final administrative 
 59.12  penalty order issued by the commissioner, the administrative 
 59.13  penalty must be paid by 30 days after the date the final order 
 59.14  is received unless it is appealed to the district court.  If an 
 59.15  appeal is not taken or the administrative penalty order is 
 59.16  upheld on appeal, the amount due is the administrative penalty, 
 59.17  together with interest accruing from 31 days after the original 
 59.18  order was received, at the rate established in section 549.09. 
 59.19     Subd. 6.  [MEDIATION.] In addition to review under 
 59.20  subdivision 5, the commissioner may enter into mediation 
 59.21  concerning an order issued under this section if the 
 59.22  commissioner and the administrative agent to whom the order is 
 59.23  issued both agree to mediation. 
 59.24     Sec. 45.  Minnesota Statutes 2002, section 299E.01, is 
 59.25  amended by adding a subdivision to read: 
 59.26     Subd. 6.  [VEHICLE TOWING.] Towing policy and practice for 
 59.27  vehicles in public parking spaces within the capitol complex 
 59.28  must conform to provisions of section 169.041. 
 59.29     Sec. 46.  Minnesota Statutes 2002, section 299E.03, 
 59.30  subdivision 3, is amended to read: 
 59.31     Subd. 3.  [EXPIRATION AND COMPENSATION.] Notwithstanding 
 59.32  section 15.059, The oversight committee does not expire expires 
 59.33  June 30, 2004.  Committee members may not receive compensation 
 59.34  for serving, but may receive expense reimbursements as provided 
 59.35  in section 15.059. 
 59.36     Sec. 47.  [331A.12] [WEB SITE PUBLICATION OF LOCAL 
 60.1   TRANSPORTATION RFP.] 
 60.2      Subdivision 1.  [DEFINITIONS.] (a) The terms defined in 
 60.3   this subdivision and section 331A.01 apply to this section. 
 60.4      (b) "Web site" means a specific, addressable location 
 60.5   provided on a server connected to the Internet and hosting World 
 60.6   Wide Web pages and other files that are generally accessible on 
 60.7   the Internet all or most of the day. 
 60.8      Subd. 2.  [DESIGNATION.] At the meeting of the governing 
 60.9   body of the local public corporation at which the governing body 
 60.10  must designate its official newspaper for the year, the 
 60.11  governing body may designate in the same manner publication of 
 60.12  transportation projects on the local public corporation's Web 
 60.13  site.  Publication on the Web site may be used in place of or in 
 60.14  addition to any other required form of publication.  Each year 
 60.15  after designating publication on the Web site for transportation 
 60.16  projects, the local public corporation must publish in a 
 60.17  qualified newspaper in the jurisdiction and on the Web site, 
 60.18  notice that the local public corporation will publish any 
 60.19  advertisements for bids on its Web site. 
 60.20     Subd. 3.  [FORM, TIME FOR PUBLICATION SAME.] A local public 
 60.21  corporation that publishes on its Web site under this section 
 60.22  must post the information in substantially the same format and 
 60.23  for the same period of time as required for publication in an 
 60.24  official newspaper or another other print publication. 
 60.25     Subd. 4.  [RECORD RETENTION.] A local public corporation 
 60.26  that publishes notice on its Web site under this section must 
 60.27  ensure that a permanent record of publication is maintained in a 
 60.28  form accessible by the public. 
 60.29     Sec. 48.  [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP 
 60.30  ROADS.] 
 60.31     Whenever a municipality annexes property abutting one side 
 60.32  of a township road, the segment of road abutting the annexed 
 60.33  property must be treated as a line road and is subject to 
 60.34  section 164.14.  Whenever a municipality annexes the property on 
 60.35  both sides of a township road, that portion of road abutting the 
 60.36  annexed property ceases to be a town road and becomes the 
 61.1   obligation of the annexing municipality.  This section does not 
 61.2   prohibit the annexing municipality from contracting with the 
 61.3   township for continued maintenance of the road.  Any portion of 
 61.4   a township road that ceases to be a township road pursuant to 
 61.5   this section may still be counted as a township road for the 
 61.6   road-and-bridge account revenues for the year in which the 
 61.7   annexation occurs. 
 61.8      Sec. 49.  [414.039] [EFFECT OF ANNEXATION ON EASEMENTS.] 
 61.9      If a municipality annexes property in which the affected 
 61.10  township holds any easement for the benefit of the public, the 
 61.11  township's easement interest continues unless otherwise agreed 
 61.12  to by the township.  
 61.13     Sec. 50.  Laws 1999, chapter 238, article 1, section 2, 
 61.14  subdivision 2, is amended to read: 
 61.15  Subd. 2.  Aeronautics                 19,327,000     19,410,000
 61.16                Summary by Fund
 61.17  Airports            19,266,000     19,349,000
 61.18  General                 50,000         50,000
 61.19  Trunk Highway           11,000         11,000
 61.20  Except as otherwise provided, the 
 61.21  appropriations in this subdivision are 
 61.22  from the state airports fund. 
 61.23  The amounts that may be spent from this 
 61.24  appropriation for each activity are as 
 61.25  follows:  
 61.26  (a) Airport Development and Assistance 
 61.27        2000           2001
 61.28      13,948,000     13,948,000
 61.29  $12,846,000 the first year and 
 61.30  $12,846,000 the second year are for 
 61.31  navigational aids, construction grants, 
 61.32  and maintenance grants.  If the 
 61.33  appropriation for either year is 
 61.34  insufficient, the appropriation for the 
 61.35  other year is available for it. 
 61.36  These appropriations must be spent in 
 61.37  accordance with Minnesota Statutes, 
 61.38  section 360.305, subdivision 4. 
 61.39  Notwithstanding Minnesota Statutes, 
 61.40  section 16A.28, subdivision 6, funds 
 61.41  are available for five years after 
 61.42  appropriation. 
 61.43  (b) Aviation Support 
 62.1        5,247,000      5,329,000
 62.2   $65,000 the first year and $65,000 the 
 62.3   second year are for the civil air 
 62.4   patrol. 
 62.5   (c) Air Transportation Services 
 62.6          132,000        133,000 
 62.7                 Summary by Fund
 62.8   Airports                 71,000         72,000
 62.9   General                  50,000         50,000
 62.10  Trunk Highway            11,000         11,000
 62.11     Sec. 51.  Laws 2000, chapter 433, section 4, is amended to 
 62.12  read: 
 62.13     Sec. 4.  [EFFECTIVE DATE.] 
 62.14     Sections 1 to 3 are effective the day following final 
 62.15  enactment and are repealed June 1, 2003. 
 62.16     Sec. 52.  Laws 2001, First Special Session chapter 8, 
 62.17  article 1, section 2, subdivision 2, is amended to read: 
 62.18  Subd. 2.  Aeronautics                 20,748,000     20,489,000
 62.19                Summary by Fund
 62.20  Airports            20,687,000     20,428,000
 62.21  General                 50,000         50,000
 62.22  Trunk Highway           11,000         11,000
 62.23  Except as otherwise provided, the 
 62.24  appropriations in this subdivision are 
 62.25  from the state airports fund. 
 62.26  The amounts that may be spent from this 
 62.27  appropriation for each activity are as 
 62.28  follows:  
 62.29  (a) Airport Development and Assistance 
 62.30      14,298,000     14,298,000
 62.31  These appropriations must be spent 
 62.32  according to Minnesota Statutes, 
 62.33  section 360.305, subdivision 4. 
 62.34  If the appropriation for either year is 
 62.35  insufficient, the appropriation for the 
 62.36  other year is available for it. 
 62.37  Notwithstanding Minnesota Statutes, 
 62.38  section 16A.28, subdivision 6, funds 
 62.39  are available for five years after 
 62.40  appropriation. 
 62.41  (b) Aviation Support 
 62.42       6,315,000      6,053,000
 63.1   $65,000 the first year and $65,000 the 
 63.2   second year are for the civil air 
 63.3   patrol. 
 63.4   $600,000 each year is for GPS 
 63.5   navigation systems.  Of this amount, 
 63.6   $250,000 each year adds to the agency's 
 63.7   budget base. 
 63.8   $400,000 the first year and $50,000 the 
 63.9   second year are for the development of 
 63.10  on-line aircraft registration 
 63.11  capabilities. 
 63.12  (c) Air Transportation Services 
 63.13         135,000        138,000 
 63.14                Summary by Fund
 63.15  Airports                 74,000         77,000
 63.16  General                  50,000         50,000
 63.17  Trunk Highway            11,000         11,000
 63.18  The commissioner shall take all 
 63.19  feasible actions to seek a waiver from 
 63.20  the appropriate federal authorities 
 63.21  that would allow the commissioner to 
 63.22  sell the airplane described in Laws 
 63.23  1997, chapter 159, article 1, section 
 63.24  2, subdivision 2, clause (c).  Any 
 63.25  proceeds from the sale of the airplane 
 63.26  must be deposited in the general fund. 
 63.27     Sec. 53.  [TRANSFER FROM LOAN FUND.] 
 63.28     The commissioner of finance shall transfer to the general 
 63.29  fund $8,200,000 of the money appropriated to the transportation 
 63.30  revolving loan fund under Laws 2000, chapter 479, article 1, 
 63.31  section 6, subdivision 2.  This transfer must be made at the 
 63.32  rate of $4,100,000 each year of the 2004-2005 biennium. 
 63.33     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 63.34     Sec. 54.  [REST AREA PROGRAM; REPORT.] 
 63.35     The commissioner of transportation shall report to the 
 63.36  chairs of the legislative committees with jurisdiction over 
 63.37  transportation policy and finance by January 30, 2004, on the 
 63.38  status of the department's highway rest area program.  The 
 63.39  report must include: 
 63.40     (1) adequacy of funding for the program; 
 63.41     (2) all rest area closings and hours of service reductions 
 63.42  implemented and planned for the 2004-05 biennium; 
 63.43     (3) steps that the commissioner has taken or plans to make 
 63.44  to allow leasing of rest areas to private entities or operation 
 64.1   of rest areas by private entities, including provisions that the 
 64.2   commissioner has made or intends to make to promote the 
 64.3   employment of needy elderly persons at rest areas and preserve 
 64.4   contracts under Minnesota Statutes, section 248.07. 
 64.5      Sec. 55.  [STUDY; USE OF CENTERLINE RUMBLE STRIPS.] 
 64.6      The commissioner of transportation shall study the 
 64.7   feasibility and practicability of: 
 64.8      (1) including milled-in rumble strips on the centerline of 
 64.9   the highway in all projects for the construction, 
 64.10  reconstruction, or resurfacing of two-lane trunk highways; and 
 64.11     (2) requiring that all projects for the construction, 
 64.12  reconstruction, or resurfacing of two-lane county state-aid 
 64.13  highways include milled-in rumble strips on the centerline of 
 64.14  the highway. 
 64.15     Sec. 56.  [TRANSFERS.] 
 64.16     (a) The commissioner of finance shall transfer $155,000 
 64.17  from the remaining balance in the alcohol-impaired driver 
 64.18  education account in the special revenue fund to the general 
 64.19  fund. 
 64.20     (b) The commissioner of finance shall transfer $785,000 
 64.21  from the remaining balance in the greater Minnesota transit fund 
 64.22  to the general fund. 
 64.23     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 64.24     Sec. 57.  [HUBBARD MARKETPLACE TRANSIT HUB.] 
 64.25     Until June 30, 2005, the metropolitan council is prohibited 
 64.26  from reducing the level of public access to services and 
 64.27  facilities at Hubbard Marketplace transit station, in the city 
 64.28  of Robbinsdale, as long as Hubbard Marketplace continues to be 
 64.29  operated as a transit station. 
 64.30     Sec. 58.  [ITASCA COUNTY; LAND EXCHANGE.] 
 64.31     Notwithstanding Minnesota Statutes, section 373.01, 
 64.32  subdivision 1, Itasca county may exchange a parcel or parcels of 
 64.33  real property of substantially similar or equal value without 
 64.34  advertising for bids to acquire real property for maintenance 
 64.35  facilities directly related to county highways.  The estimated 
 64.36  value of the parcels exchanged must be determined by the Itasca 
 65.1   county assessor, and the exchange must otherwise comply with 
 65.2   Minnesota Statutes, section 373.01, and other applicable law. 
 65.3      <b>[EFFECTIVE DATE.]</b> This section is effective immediately 
 65.4   without local approval, because it enables a local government 
 65.5   unit to exercise authority not granted by general law as 
 65.6   provided in Minnesota Statutes, section 645.023, subdivision 1, 
 65.7   paragraph (a). 
 65.8      Sec. 59.  [SOUTHWEST CORRIDOR RAIL TRANSIT; PROHIBITIONS.] 
 65.9      Subdivision 1.  [DEFINITION.] For purposes of this section, 
 65.10  "southwest transit way corridor" means the southwest transit way 
 65.11  corridor between Minneapolis and Eden Prairie as identified by 
 65.12  the Hennepin county regional rail authority in its southwest 
 65.13  corridor rail transit study. 
 65.14     Subd. 2.  [PROHIBITIONS.] Until July 1, 2005, neither the 
 65.15  commissioner of transportation, the metropolitan council, nor 
 65.16  the Hennepin county regional rail authority may take any action 
 65.17  or spend any money for preliminary engineering, final design, or 
 65.18  construction for light rail or commuter rail transit in the 
 65.19  southwest transit way corridor. 
 65.20     Sec. 60.  [PARTICIPATION IN METROPOLITAN AIRPORTS 
 65.21  COMMISSION TAXICAB ADVISORY COMMITTEE.] 
 65.22     To the extent the metropolitan airports commission 
 65.23  maintains a taxicab advisory committee, the commission must 
 65.24  allow for full public comment and participation of any 
 65.25  individual, association, or other entity within the taxicab 
 65.26  industry.  The commission may not prohibit participation of any 
 65.27  representative of a taxicab owner, taxicab company, or 
 65.28  association that qualifies to be a member of the taxicab 
 65.29  advisory committee.  This section expires June 30, 2005. 
 65.30     Sec. 61.  [REPEALER.] 
 65.31     (a) Minnesota Statutes 2002, section 169.794, is repealed. 
 65.32     (b) Minnesota Statutes 2002, section 169.799, is repealed. 
 65.33     (c) Minnesota Statutes 2002, section 174.242, is repealed. 
 65.34     (d) Minnesota Rules, part 7403.1300, is repealed. 
 65.35     (e) Minnesota Rules, part 7413.0400, is repealed. 
 65.36     (f) Minnesota Rules, part 7413.0500, is repealed. 
 66.1      Sec. 62.  [EFFECTIVE DATE.] 
 66.2      This article is effective the day following final 
 66.3   enactment, unless otherwise specified.