Bill Text: MN HF1140 | 2011-2012 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Omnibus transportation finance bill.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2011-05-24 - Governor's action Veto Chapter 49 [HF1140 Detail]

Download: Minnesota-2011-HF1140-Engrossed.html

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A bill for an act

relating to government finance; appropriating money for transportation,
Metropolitan Council, and public safety activities and programs; providing for
fund transfers and tort claims; authorizing an account and certain contingent
appropriations; providing for certain revenues to be allocated to Metropolitan
Council; reducing funding for 2010 state road construction; authorizing
temporary transfers from the metropolitan livable communities fund accounts
and the right-of-way loan acquisition fund for transit operating deficits;
modifying funding sources for metropolitan livable communities fund accounts;
establishing direct appropriation from transit assistance fund; establishing
an account; modifying various provisions related to transportation finance
and policy; modifying provisions related to licensing drivers; mandating and
amending legislative reports; making technical and clarifying changes;amending
Minnesota Statutes 2010, sections 16A.11, subdivision 3a; 16A.86, subdivision
3a; 16A.88; 162.06, subdivision 1; 162.12, subdivision 1; 168.12, subdivision 5;
168.33, subdivision 7; 168A.29, subdivision 1; 169.86, subdivision 5; 171.06,
subdivision 2; 171.0701; 171.13, subdivision 1, by adding a subdivision; 174.93;
297A.992, subdivision 5, by adding a subdivision; Laws 2008, chapter 363,
article 11, sections 6; 9; Laws 2009, chapter 36, article 1, section 3, subdivision
3; proposing coding for new law in Minnesota Statutes, chapter 171.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1. SUMMARY OF APPROPRIATIONS.

    The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

			2012		2013		Total
	General	$	20,880,000	$	20,880,000	$	41,760,000
	Airports		19,609,000		21,384,000		40,993,000
	C.S.A.H.		545,109,000		572,773,000		1,117,882,000
	M.S.A.S.		145,455,000		153,484,000		298,939,000
	Special Revenue		49,088,000		49,088,000		98,176,000
	Transit Assistance		214,280,000		227,735,000		442,015,000
	H.U.T.D.		10,406,000		10,406,000		20,812,000
	Trunk Highway		1,540,960,000		1,335,146,000		2,876,106,000
	Total	$	2,545,787,000	$	2,390,896,000	$	4,936,683,000

Sec. 2. TRANSPORTATION APPROPRIATIONS.

    The sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this article. The appropriations are from
the trunk highway fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2012" and "2013" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2012,
or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is
fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. "Each year" is fiscal year
2012 and fiscal year 2013 respectively. Appropriations for the fiscal year ending June 30,
2011, are effective the day following final enactment.

				APPROPRIATIONS
				Available for the Year
				Ending June 30
					2012		2013

Sec. 3. DEPARTMENT OF TRANSPORTATION

Subdivision 1.Total Appropriation

$

2,199,019,000

$

2,033,292,000

	Appropriations by Fund
		2012	2013
	General	12,926,000	12,926,000
	Airports	19,609,000	21,384,000
	C.S.A.H.	545,109,000	572,773,000
	M.S.A.S.	145,455,000	153,484,000
	Transit Assistance	21,428,000	24,047,000
	Trunk Highway	1,454,492,000	1,248,678,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance

14,298,000

16,073,000

This appropriation is from the state
airports fund and must be spent according
to Minnesota Statutes, section 360.305,
subdivision 4 .
The base appropriation for fiscal years 2014
and 2015 is $14,298,000 for each year.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
If the commissioner of transportation
determines that a balance remains in
the state airports fund following the
appropriations made in this article, and that
the appropriations made are insufficient
for advancing airport development and
assistance projects, an amount necessary
to advance the projects, not to exceed
the balance in the state airports fund, is
appropriated in each year to the commissioner
and must be spent according to Minnesota
Statutes, section 360.305, subdivision
4. Within two weeks of a determination
under this contingent appropriation, the
commissioner of transportation shall notify
the commissioner of management and budget
and the chairs and ranking minority members
of the legislative committees with jurisdiction
over transportation finance concerning funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the
base appropriation for fiscal years 2014 and
2015.

(2) Aviation Support and Services

6,123,000

6,123,000

	Appropriations by Fund
		2012	2013
	Airports	5,286,000	5,286,000
	Trunk Highway	837,000	837,000

$65,000 in each year is from the state airports
fund for the Civil Air Patrol.

(b) Transit

34,766,000

37,385,000

	Appropriations by Fund
		2012	2013
	General	12,563,000	12,563,000
	Transit Assistance	21,428,000	24,047,000
	Trunk Highway	775,000	775,000

The transit assistance fund appropriation is
from the greater Minnesota transit account
under Minnesota Statutes, section 16A.88.
The base appropriation from the general
fund is $12,563,000 for fiscal year 2014 and
$12,482,000 for fiscal year 2015.
$100,000 in each year is from the general
fund for the administrative expenses of the
Minnesota Council on Transportation Access
under Minnesota Statutes, section 174.285.
If the commissioner of transportation
determines that a balance remains in
the greater Minnesota transit account
following the appropriations made in this
paragraph, and that the appropriations
made are insufficient for transit financial
assistance, an amount necessary to provide
financial assistance, not to exceed the
balance in the greater Minnesota transit
account, is appropriated in each year to
the commissioner for operating assistance
grants under Minnesota Statutes, section
174.24. Within two weeks of a determination
under this contingent appropriation, the
commissioner of transportation shall notify
the commissioner of management and budget
and the chairs and ranking minority members
of the legislative committees with jurisdiction
over transportation finance concerning funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the
base appropriation for fiscal years 2014 and
2015.

(c) Commuter and Passenger Rail

The commissioner of transportation may not
expend funds from the appropriations under
this section for passenger rail purposes under
Minnesota Statutes, sections 174.632 to
174.636, unless the commissioner identifies
special circumstances of an immediate
nature. Within two weeks of an expenditure
under this paragraph, the commissioner
shall notify the chairs and ranking minority
members of the legislative committees
with jurisdiction over transportation finance
and policy concerning the expenditure and
circumstances.

(d) Freight

5,203,000

5,203,000

	Appropriations by Fund
		2012	2013
	General	306,000	306,000
	Trunk Highway	4,897,000	4,897,000

Subd. 3.State Roads

(a) Infrastructure Operations and Maintenance

257,395,000

257,395,000

(b) Program Planning and Delivery

206,788,000

206,603,000

$266,000 in each year is for grants to
metropolitan planning organizations outside
the seven-county metropolitan area.
$75,000 in each year is for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from other
sources. If the appropriation for either year
is insufficient, the appropriation for the other
year is available for it.
$600,000 in each year is for grants
for transportation studies outside the
metropolitan area to identify critical
concerns, problems, and issues. These
grants are available (1) to regional
development commissions; (2) in regions
where no regional development commission
is functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the region to
exercise the planning functions of a regional
development commission; and (3) in regions
where no regional development commission
or joint powers board is functioning, to the
department's district office for that region.

(c) State Road Construction

781,000,000

555,000,000

It is estimated that these appropriations will
be funded as follows:

	Appropriations by Fund
		2012	2013
	Federal Highway Aid	494,800,000	268,800,000
	Highway User Taxes	286,200,000	286,200,000

The commissioner of transportation shall
notify the chairs and ranking minority
members of the legislative committees with
jurisdiction over transportation finance of
any significant events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payment to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses.
The base appropriation for fiscal years 2014
and 2015 is $635,000,000 for each year.
The commissioner may expend up to one-half
of one percent of the federal appropriations
under this paragraph as grants to opportunity
industrialization centers and other nonprofit
job training centers for job training programs
related to highway construction.
The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts are
appropriated to the commissioner for these
projects.

(d) Highway Debt Service

137,876,000

158,247,000

$123,876,000 the first year and $144,247,000
the second year are for transfer to the state
bond fund. If this appropriation is insufficient
to make all transfers required in the year
for which it is made, the commissioner of
management and budget shall notify the
Committee on Finance of the senate and
the Committee on Ways and Means of the
house of representatives of the amount of the
deficiency and shall then transfer that amount
under the statutory open appropriation. Any
excess appropriation cancels to the trunk
highway fund.

(e) Electronic Communications

5,171,000

5,171,000

	Appropriations by Fund
		2012	2013
	General	3,000	3,000
	Trunk Highway	5,168,000	5,168,000

The general fund appropriation in each
year is to equip and operate the Roosevelt
signal tower for Lake of the Woods weather
broadcasting.

Subd. 4.Local Roads

(a) County State Aids

545,109,000

572,773,000

This appropriation is from the county
state-aid highway fund for county state-aid
highways, town roads and bridges, and
flexible highway purposes under Minnesota
Statutes, sections 161.081 to 161.085; and
Minnesota Statutes, chapter 162. This
appropriation is available until spent.
Of this amount, the commissioner shall
transfer from the flexible highway account
in the county state-aid highway fund: (1)
$1,000,000 in the first year to the municipal
turnback account in the municipal state-aid
street fund; (2) $1,900,000 in the first
year to the trunk highway fund; and (3)
the remainder in each year to the county
turnback account in the county state-aid
highway fund. The funds transferred are
for highway turnback purposes as provided
under Minnesota Statutes, section 161.081,
subdivision 3.
If the commissioner of transportation
determines that a balance remains in the
county state-aid highway fund following
the appropriations and transfers made in
this subdivision, and that the appropriations
made are insufficient for advancing county
state-aid highway projects, an amount
necessary to advance the projects, not to
exceed the balance in the county state-aid
highway fund, is appropriated in each year
to the commissioner. Within two weeks
of a determination under this contingent
appropriation, the commissioner of
transportation shall notify the commissioner
of management and budget and the chairs
and ranking minority members of the
legislative committees with jurisdiction over
transportation finance concerning funds
appropriated.

(b) Municipal State Aids

145,455,000

153,484,000

This appropriation is from the municipal
state-aid street fund for municipal state-aid
streets under Minnesota Statutes, chapter
162. This appropriation is available until
spent.
If the commissioner of transportation
determines that a balance remains in the
municipal state-aid street fund following
the appropriations made in this subdivision,
and that the appropriations made are
insufficient for advancing municipal state-aid
street projects, an amount necessary to
advance the projects, not to exceed the
balance in the municipal state-aid street
fund, is appropriated in each year to
the commissioner. Within two weeks
of a determination under this contingent
appropriation, the commissioner of
transportation shall notify the commissioner
of management and budget and the chairs
and ranking minority members of the
legislative committees with jurisdiction over
transportation finance concerning funds
appropriated.

Subd. 5.Agency Management

(a) Agency Services

41,997,000

41,997,000

	Appropriations by Fund
		2012	2013
	Airports	25,000	25,000
	Trunk Highway	41,972,000	41,972,000

(b) Buildings

17,838,000

17,838,000

	Appropriations by Fund
		2012	2013
	General	54,000	54,000
	Trunk Highway	17,784,000	17,784,000

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

Subd. 6.Transfers Among Appropriations

With the approval of the commissioner of
management and budget, the commissioner
of transportation may transfer unencumbered
balances among the appropriations from the
trunk highway fund and the state airports
fund made in this section. No transfer may
be made from the appropriation for state
road construction. No transfer may be made
from the appropriations for debt service.
Transfers under this subdivision may not be
made between funds. Transfers under this
subdivision must be reported immediately to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over transportation finance.

Subd. 7.Carryforward of State Road Construction Appropriations

Any money appropriated to the commissioner
of transportation for state road construction
for any fiscal year before the first year is
available to the commissioner during the
biennium to the extent that the commissioner
spends the money on the state road
construction project for which the money
was originally encumbered during the fiscal
year for which it was appropriated. The
commissioner of transportation shall report to
the commissioner of management and budget
by August 1, 2011, and August 1, 2012, on
a form the commissioner of management
and budget provides, on expenditures made
during the previous fiscal year that are
authorized by this subdivision.

Subd. 8.Contingent Appropriation

The commissioner of transportation, with
the approval of the governor and the
written approval of at least five members
of a group consisting of the members of
the Legislative Advisory Commission
under Minnesota Statutes, section 3.30,
and the ranking minority members of the
legislative committees with jurisdiction over
transportation finance, may transfer all or
part of the unappropriated balance in the
trunk highway fund to an appropriation (1)
for trunk highway design, construction, or
inspection in order to take advantage of
an unanticipated receipt of income to the
trunk highway fund or to take advantage
of federal advanced construction funding,
(2) for trunk highway maintenance in order
to meet an emergency, or (3) to pay tort
or environmental claims. Nothing in this
subdivision authorizes the commissioner
to increase the use of federal advanced
construction funding beyond amounts
specifically authorized. Any transfer as
a result of the use of federal advanced
construction funding must include an
analysis of the effects on the long-term
trunk highway fund balance. The amount
transferred is appropriated for the purpose of
the account to which it is transferred.

Subd. 9.Use of Trunk Highway Fund

No transfer or expenditure of trunk highway
funds may be made for the purpose of paying
personnel costs incurred on behalf of the
Governor's Office.

Sec. 4. METROPOLITAN COUNCIL

$

192,852,000

$

203,688,000

This appropriation is from the metropolitan
area transit account in the transit assistance
fund under Minnesota Statutes, section
16A.88, for transit system operations under
Minnesota Statutes, sections 473.371 to
473.449.
The base appropriation from the general
fund is $39,199,000 for fiscal year 2014 and
$39,280,000 for fiscal year 2015.
If the chair of the Metropolitan Council
determines that a balance remains in the
metropolitan area transit account following
the appropriations made in this section, and
that the appropriations made are insufficient
for transit operations, an amount necessary
to provide for such operations, not to
exceed the balance in the metropolitan area
transit account, is appropriated in each
year to the Metropolitan Council. Within
two weeks of a determination under this
contingent appropriation, the Metropolitan
Council shall notify the commissioner of
management and budget and the chairs
and ranking minority members of the
legislative committees with jurisdiction over
transportation finance concerning funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the
base appropriation for fiscal years 2014 and
2015.
Notwithstanding Minnesota Statutes, section
473.388, subdivision 4, in each year of the
biennium, the Metropolitan Council shall
provide financial assistance to each transit
provider under Minnesota Statutes, section
473.388, in an amount equal to the amount of
assistance provided to that transit provider by
the Metropolitan Council in fiscal year 2011.

Sec. 5. DEPARTMENT OF PUBLIC SAFETY

Subdivision 1.Total Appropriation

$

153,316,000

$

153,316,000

	Appropriations by Fund
		2012	2013
	General	7,954,000	7,954,000
	Special Revenue	49,088,000	49,088,000
	H.U.T.D.	10,406,000	10,406,000
	Trunk Highway	85,868,000	85,868,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Administration and Related Services

(a) Office of Communications

434,000

434,000

	Appropriations by Fund
		2012	2013
	General	41,000	41,000
	Trunk Highway	393,000	393,000

(b) Public Safety Support

8,168,000

8,168,000

	Appropriations by Fund
		2012	2013
	General	3,296,000	3,296,000
	H.U.T.D.	1,366,000	1,366,000
	Trunk Highway	3,506,000	3,506,000

$380,000 in each year is from the general
fund for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it.
$1,367,000 in each year is from the general
fund to be deposited in the public safety
officer's benefit account. This money
is available for reimbursements under
Minnesota Statutes, section 299A.465.
$508,000 in each year is from the general
fund for soft body armor reimbursements
under Minnesota Statutes, section 299A.38.
$792,000 the first year and $792,000 the
second year are from the general fund for
transfer by the commissioner of management
and budget to the trunk highway fund on
December 31, 2011, and December 31, 2012,
respectively, in order to reimburse the trunk
highway fund for expenses not related to the
fund. These represent amounts appropriated
out of the trunk highway fund for general
fund purposes in the administration and
related services program.
$610,000 the first year and $610,000 the
second year are from the highway user
tax distribution fund for transfer by the
commissioner of management and budget
to the trunk highway fund on December 31,
2011, and December 31, 2012, respectively,
in order to reimburse the trunk highway
fund for expenses not related to the fund.
These represent amounts appropriated out
of the trunk highway fund for highway
user tax distribution fund purposes in the
administration and related services program.
$716,000 the first year and $716,000 the
second year are from the highway user
tax distribution fund for transfer by the
commissioner of management and budget to
the general fund on December 31, 2011, and
December 31, 2012, respectively, in order to
reimburse the general fund for expenses not
related to the fund. These represent amounts
appropriated out of the general fund for
operation of the criminal justice data network
related to driver and motor vehicle licensing.

(c) Technology and Support Services

3,835,000

3,835,000

	Appropriations by Fund
		2012	2013
	General	1,472,000	1,472,000
	H.U.T.D.	19,000	19,000
	Trunk Highway	2,344,000	2,344,000

Subd. 3.State Patrol

(a) Patrolling Highways

71,522,000

71,522,000

	Appropriations by Fund
		2012	2013
	General	37,000	37,000
	H.U.T.D.	92,000	92,000
	Trunk Highway	71,393,000	71,393,000

(b) Commercial Vehicle Enforcement

7,796,000

7,796,000

$600,000 in each year is for the Office of
Pupil Transportation Safety under Minnesota
Statutes, section 169.435.

(c) Capitol Security

3,108,000

3,108,000

(1) This appropriation is from the general
fund.
(2) The commissioner may not (i) spend
any money from the trunk highway fund for
capitol security or (ii) permanently transfer
any state trooper capitol security from
another budget activity.
(3) The commissioner may not transfer any
money appropriated to the commissioner
under this section (i) to capitol security or (ii)
from capitol security.

(d) Vehicle Crimes Unit

693,000

693,000

This appropriation is from the highway user
tax distribution fund.
This appropriation is to investigate (1)
registration tax and motor vehicle sales tax
liabilities from individuals and businesses
that currently do not pay all taxes owed,
and (2) illegal or improper activity related
to sale, transfer, titling, and registration of
motor vehicles.

Subd. 4.Driver and Vehicle Services

(a) Vehicle Services

27,259,000

27,259,000

	Appropriations by Fund
		2012	2013
	Special Revenue	19,023,000	19,023,000
	H.U.T.D.	8,236,000	8,236,000

The special revenue fund appropriation is
from the vehicle services operating account.

(b) Driver Services

28,712,000

28,712,000

	Appropriations by Fund
		2012	2013
	Special Revenue	28,711,000	28,711,000
	Trunk Highway	1,000	1,000

The special revenue fund appropriation is
from the driver services operating account.

Subd. 5.Traffic Safety

435,000

435,000

The commissioner of public safety shall
spend 50 percent of the money available
to the state under Public Law 105-206,
section 164, and the remaining 50 percent
must be transferred to the commissioner
of transportation for hazard elimination
activities under United States Code, title 23,
section 152.

Subd. 6.Pipeline Safety

1,354,000

1,354,000

This appropriation is from the pipeline safety
account in the special revenue fund.

Subd. 7.Use of Trunk Highway Fund

No transfer or expenditure of trunk highway
funds may be made for the purpose of paying
personnel costs incurred on behalf of the
Governor's Office.

Sec. 6. TORT CLAIMS

$

600,000

$

600,000

This appropriation is to the commissioner of
management and budget.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

    Sec. 7. Minnesota Statutes 2010, section 297A.992, subdivision 5, is amended to read:
    Subd. 5. Grant application and awards; Grant Evaluation and Ranking System
(GEARS) Committee. (a) The joint powers board shall establish a grant application
process and identify the amount of available funding for grant awards. Grant applications
must be submitted in a form prescribed by the joint powers board. An applicant must
provide, in addition to all other information required by the joint powers board, the
estimated cost of the project, the amount of the grant sought, possible sources of funding
in addition to the grant sought, and identification of any federal funds that will be utilized
if the grant is awarded. A grant application seeking transit capital funding must identify
the source of money necessary to operate the transit improvement.
    (b) The joint powers board shall establish a timeline and procedures for the award of
grants, and may award grants only to the state and political subdivisions. The board shall
define objective criteria for the award of grants, which must include, but not be limited to,
consistency with the most recent version of the transportation policy plan adopted by the
Metropolitan Council under section 473.146. The joint powers board shall maximize the
availability and use of federal funds in projects funded under this section.
    (c) The joint powers board shall establish a GEARS Committee, which must consist
of:
    (1) one county commissioner from each county that is in the metropolitan
transportation area, appointed by its county board;
    (2) one elected city representative from each county that is in the metropolitan
transportation area;
    (3) one additional elected city representative from each county for every additional
400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
population; and
    (4) the chair of the Metropolitan Council Transportation Committee.
    (d) Each city representative must be elected at a meeting of cities in the metropolitan
transportation area, which must be convened for that purpose by the Association of
Metropolitan Municipalities.
    (e) The committee shall evaluate grant applications following objective criteria
established by the joint powers board, and must provide to the joint powers board a
selection list of transportation projects that includes a priority ranking.
    (f) A grant award for a transit project located within the metropolitan area, as defined
in section 473.121, subdivision 2, may be funded only after the Metropolitan Council
reviews the project for consistency with the transit portion of the Metropolitan Council
policy plan and one of the following occurs:
    (1) the Metropolitan Council finds the project to be consistent;
    (2) the Metropolitan Council initially finds the project to be inconsistent, but after a
good faith effort to resolve the inconsistency through negotiations with the joint powers
board, agrees that the grant award may be funded; or
    (3) the Metropolitan Council finds the project to be inconsistent, and submits the
consistency issue for final determination to a panel, which determines the project to be
consistent. The panel is composed of a member appointed by the chair of the Metropolitan
Council, a member appointed by the joint powers board, and a member agreed upon by
both the chair and the joint powers board.
    (g) Grants must be funded by the proceeds of the taxes imposed under this section,
bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
    (h) Notwithstanding the provisions of this subdivision, in fiscal year 2009, of
the initial revenue collected under this section, the joint powers board shall allocate
at least $30,783,000 to the Metropolitan Council for operating assistance for transit.
Notwithstanding the provisions of this section except subdivision 6a, of the revenue
collected under this section, the joint powers board shall allocate to the Metropolitan
Council:
(1) at least $30,000,000 in fiscal year 2012; and
(2) at least $39,199,000 in fiscal year 2013.
(i) The Metropolitan Council shall expend funds allocated under paragraph (h):
(1) for bus operations under sections 473.371 to 473.449, and excluding (i) bus rapid
transit operations, and (ii) light rail transit and commuter rail operations under sections
174.90, 473.3993 to 473.3999, and 473.4051 to 473.4057; and
(2) solely within those counties that are in the metropolitan transportation area.
(j) Nothing in paragraphs (h) or (i) prevents grant awards to the Metropolitan Council for
capital and operating assistance for transit ways and park-and-ride facilities.

    Sec. 8. Minnesota Statutes 2010, section 297A.992, is amended by adding a
subdivision to read:
    Subd. 6a. Priority of fund uses. The joint powers board shall allocate all revenues
from the taxes imposed under this section in conformance with the following priority order:
(1) payment of debt service necessary for the fiscal year on bonds or other
obligations issued prior to January 1, 2011, under subdivision 7;
(2) allocations to the Metropolitan Council under subdivision 5, paragraph (h); and
(3) as otherwise authorized under this section.

    Sec. 9. Laws 2009, chapter 36, article 1, section 3, subdivision 3, is amended to read:

Subd. 3.State Roads

(a) Infrastructure Operations and Maintenance

251,643,000

245,892,000

The base appropriation for fiscal years 2012
and 2013 is $257,395,000 for each year.

(b) Infrastructure Investment and Planning

(1) Infrastructure Investment Support

201,461,000

196,935,000

The base appropriation for fiscal years 2012
and 2013 is $205,988,000 for each year.
$266,000 the first year and $266,000 the
second year are available for grants to
metropolitan planning organizations outside
the seven-county metropolitan area.
$75,000 the first year and $75,000 the
second year are for a transportation research
contingent account to finance research
projects that are reimbursable from the
federal government or from other sources.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
$600,000 the first year and $600,000
the second year are available for grants
for transportation studies outside the
metropolitan area to identify critical
concerns, problems, and issues. These
grants are available (1) to regional
development commissions; (2) in regions
where no regional development commission
is functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the region to
exercise the planning functions of a regional
development commission; and (3) in regions
where no regional development commission
or joint powers board is functioning, to the
department's district office for that region.

(2) State Road Construction

551,300,000

598,700,000 555,700,000

The base appropriation for fiscal years 2012
and 2013 is $635,000,000 for each year.
It is estimated that these appropriations will
be funded as follows:

	Appropriations by Fund
	Federal Highway Aid	301,100,000	388,500,000
	Highway User Taxes	250,200,000	210,200,000

The commissioner of transportation shall
notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of any significant
events that should cause these estimates to
change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payment to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses.
The commissioner shall expend up to
one-half of one percent of the federal
appropriations under this paragraph as grants
to opportunity industrialization centers and
other nonprofit job training centers for
job training programs related to highway
construction.
The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts are
appropriated to the commissioner for these
projects.

(3) Highway Debt Service

101,170,000

173,400,000

$86,517,000 the first year and $157,304,000
the second year are for transfer to the state
bond fund. If this appropriation is insufficient
to make all transfers required in the year for
which it is made, the commissioner of finance
shall notify the Committee on Finance of
the senate and the Committee on Ways and
Means of the house of representatives of
the amount of the deficiency and shall then
transfer that amount under the statutory open
appropriation. Any excess appropriation
cancels to the trunk highway fund.

(c) Electronic Communications

5,177,000

5,177,000

	Appropriations by Fund
	General	9,000	9,000
	Trunk Highway	5,168,000	5,168,000

The general fund appropriation is to equip
and operate the Roosevelt signal tower for
Lake of the Woods weather broadcasting.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 10. METROPOLITAN LIVABLE COMMUNITIES FUND; TRANSFERS.
    (a) Notwithstanding Minnesota Statutes, sections 473.25 to 473.255, or any other
law, the Metropolitan Council may transfer to its transit operating budget in 2011, 2012,
and 2013 up to 50 percent of the sum of balances in, revenues in, and amounts otherwise
credited, transferred, or distributed to, each of the following accounts in 2011, 2012,
and 2013:
(1) the tax base revitalization account pursuant to Minnesota Statutes, section
473.252;
(2) the livable communities demonstration account pursuant to Minnesota Statutes,
section 473.253; and
(3) the local housing incentives account pursuant to Minnesota Statutes, section
473.254.
(b) The council may not transfer funds under this section that are committed to
grant or loan awards made by the council.
    (c) The council shall use any amounts transferred under this section to cover
operating deficits for transit services provided or assisted by the council under Minnesota
Statutes, sections 473.371 to 473.449. If the council transfers funds pursuant to this
section, the council shall amend the annual distribution plan described in Minnesota
Statutes, section 473.25, paragraph (d), and include information about the transfer in the
annual report required under Minnesota Statutes, section 473.25, paragraph (e).

    Sec. 11. RIGHT-OF-WAY ACQUISITION LOAN FUND; TRANSFERS.
    (a) Notwithstanding Minnesota Statutes, section 473.167, or any other law, the
Metropolitan Council may transfer to its transit operating budget in 2011, 2012, and
2013 up to 75 percent of the amounts levied and collected in 2011, 2012, and 2013 under
Minnesota Statutes, section 473.167, subdivision 3. The council shall use the amounts
transferred to cover operating deficits for transit services provided or assisted by the
council under Minnesota Statutes, sections 473.371 to 473.449.
(b) If the council transfers funds pursuant to this section, the council shall within
two weeks notify the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over transportation policy and finance concerning
the transfers.

    Sec. 12. APPLICATION.
Sections 10 and 11 apply in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.

ARTICLE 2

TRANSPORTATION FINANCE AND POLICY

    Section 1. Minnesota Statutes 2010, section 16A.11, subdivision 3a, is amended to read:
    Subd. 3a. Part three: detailed capital budget. The detailed capital budget must
include recommendations for capital projects to be funded during the next six fiscal years
and, if applicable, must meet the requirements under section 174.93, subdivision 1a. It
must be submitted with projects recommended by the governor and in order of importance
among that agency's requests as determined by the agency originating the request.

    Sec. 2. Minnesota Statutes 2010, section 16A.86, subdivision 3a, is amended to read:
    Subd. 3a. Information provided. All requests for state assistance under this section
must include the following information:
(1) the name of the political subdivision that will own the capital project for which
state assistance is being requested;
(2) the public purpose of the project;
(3) the extent to which the political subdivision has or expects to provide local,
private, user financing, or other nonstate funding for the project;
(4) a list of the bondable activities that the project encompasses; examples of
bondable activities are public improvements of a capital nature for land acquisition,
predesign, design, construction, and furnishing and equipping for occupancy;
(5) whether the project will require new or additional state operating subsidies;
(6) whether the governing body of the political subdivision requesting the project
has passed a resolution in support of the project and has established priorities for all
projects within its jurisdiction for which bonding appropriations are requested when
submitting multiple requests; and
(7) if the project requires a predesign under section 16B.335, whether the predesign
has been completed at the time the capital project request is submitted, and whether
the political subdivision has submitted the project predesign to the commissioner of
administration for review and approval; and
(8) if applicable, the information required under section 174.93, subdivision 1a.

    Sec. 3. Minnesota Statutes 2010, section 16A.88, is amended to read:
16A.88 TRANSIT ASSISTANCE FUND.
    Subdivision 1. Transit assistance fund established. A transit assistance fund is
established within the state treasury. The fund receives money distributed under section
297B.09, subdivision 1 , and other money as specified by law. Money in the fund must
be allocated to the greater Minnesota transit account under subdivision 1a and the
metropolitan area transit account under subdivision 2 in the manner specified in section
297B.09, subdivision 1 , and must be used solely for transit purposes under the Minnesota
Constitution, article XIV, section 13.
    Subd. 1a. Greater Minnesota transit account. The greater Minnesota transit
account is established within the transit assistance fund in the state treasury. Money in the
account is annually appropriated to the commissioner of transportation for assistance to
transit systems outside the metropolitan area under section 174.24. The commissioner
may use up to $408,000 in fiscal year 2008 and $416,000 in fiscal year 2009 and thereafter
for administration of the transit program. The commissioner shall use funds appropriated
by law from the account for transit operations as provided in section 174.24 and related
program administration.
    Subd. 2. Metropolitan area transit account. The metropolitan area transit account
is established within the transit assistance fund in the state treasury. All money in the
account is annually appropriated to The Metropolitan Council shall use funds appropriated
by law from the account for the funding of transit systems within the metropolitan area
under sections 473.384, 473.386, 473.387, 473.388, and 473.405 to 473.449.

    Sec. 4. Minnesota Statutes 2010, section 162.06, subdivision 1, is amended to read:
    Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
estimate the amount of money that will be available to the county state-aid highway fund
during that fiscal year. The amount available must be based on actual receipts from July
1 through November 30 October 31, the unallocated fund balance, and the projected
receipts for the remainder of the fiscal year. The amount available, except for deductions
as provided in this section, shall be apportioned by the commissioner to the counties as
provided in section 162.07.
    (b) For purposes of this section, "amount available" means the amount estimated in
paragraph (a).

    Sec. 5. Minnesota Statutes 2010, section 162.12, subdivision 1, is amended to read:
    Subdivision 1. Estimate of accruals. By December 15 of each year the
commissioner shall estimate the amount of money that will be available to the municipal
state-aid street fund during that fiscal year. The amount available is based on actual
receipts from July 1 through November 30 October 31, the unallocated fund balance, and
the projected receipts for the remainder of the fiscal year. The total available, except for
deductions as provided herein, shall be apportioned by the commissioner to the cities
having a population of 5,000 or more as hereinafter provided.

    Sec. 6. Minnesota Statutes 2010, section 168.12, subdivision 5, is amended to read:
    Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax
otherwise imposed upon any vehicle, the payment of which is required as a condition to
the issuance of any plate or plates, the commissioner shall impose the fee specified in
paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
or plates, except for plates issued to disabled veterans as defined in section 168.031 and
plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17,
for passenger automobiles. The commissioner shall issue graphic design plates only
for vehicles registered pursuant to section 168.017 and recreational vehicles registered
pursuant to section 168.013, subdivision 1g.
    (b) Unless otherwise specified or exempted by statute, the following plate and
validation sticker fees apply for the original, duplicate, or replacement issuance of a
plate in a plate year:

	License Plate				Single		Double
		Regular and Disability		$	4.50	$	6.00
		Special		$	8.50	$	10.00
		Personalized (Replacement)		$	10.00	$	14.00
		Collector Category		$	13.50	$	15.00
		Emergency Vehicle Display		$	3.00	$	6.00
		Utility Trailer Self-Adhesive		$	2.50
		Vertical Motorcycle Plate		$	100.00 7		NA
	Stickers
		Duplicate year		$	1.00	$	1.00
		International Fuel Tax Agreement		$	2.50

    (c) For vehicles that require two of the categories above, the registrar shall only
charge the higher of the two fees and not a combined total.
(d) As part of procedures for payment of the fee under paragraph (b), the
commissioner shall allow a vehicle owner to add to the fee a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.
EFFECTIVE DATE.This section is effective January 1, 2012.

    Sec. 7. Minnesota Statutes 2010, section 168.33, subdivision 7, is amended to read:
    Subd. 7. Filing fees; allocations. (a) In addition to all other statutory fees and
taxes, a filing fee of:
(1) $4.50 $6 is imposed on every vehicle registration renewal, excluding pro rate
transactions; and
(2) $8.50 $10 is imposed on every other type of vehicle transaction, including pro
rate transactions;
except that a filing fee may not be charged for a document returned for a refund or for
a correction of an error made by the Department of Public Safety, a dealer, or a deputy
registrar. The filing fee must be shown as a separate item on all registration renewal
notices sent out by the commissioner. No filing fee or other fee may be charged for the
permanent surrender of a title for a vehicle.
(b) The statutory fees and taxes, and the filing fees imposed under paragraph (a)
may be paid by credit card or debit card. The deputy registrar may collect a surcharge
on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit
card or debit card transaction, in accordance with emergency rules established by the
commissioner of public safety. The surcharge must be used to pay the cost of processing
credit and debit card transactions.
(c) All of the fees collected under paragraph (a), clause (1), by the department, must
be paid into the vehicle services operating account in the special revenue fund under
section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department,
$3.50 must be paid into the general fund with the remainder deposited into the vehicle
services operating account in the special revenue fund under section 299A.705.

    Sec. 8. Minnesota Statutes 2010, section 168A.29, subdivision 1, is amended to read:
    Subdivision 1. Amounts. (a) The department must be paid the following fees:
    (1) for filing an application for and the issuance of an original certificate of title, the
sum of $6.25 of which $3.25 must be paid into the vehicle services operating account of
the special revenue fund under section 299A.705; until June 30, 2012 2015, a surcharge of
$1.75 must be added to the fee and credited to the driver and vehicle services technology
account;
    (2) for each security interest when first noted upon a certificate of title, including the
concurrent notation of any assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest filed by a public authority
under section 168A.05, subdivision 8;
    (3) for the transfer of the interest of an owner and the issuance of a new certificate of
title, the sum of $5.50 of which $2.50 must be paid into the vehicle services operating
account of the special revenue fund under section 299A.705; until June 30, 2012 2015, a
surcharge of $1.75 must be added to the fee and credited to the driver and vehicle services
technology account;
    (4) for each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, the sum of $1;
    (5) for issuing a duplicate certificate of title, the sum of $7.25 of which $3.25 must
be paid into the vehicle services operating account of the special revenue fund under
section 299A.705; until June 30, 2012 2015, a surcharge of $1.75 must be added to the fee
and credited to the driver and vehicle services technology account.
    (b) After June 30, 1994, in addition to each of the fees required under paragraph (a),
clauses (1) and (3), the department must be paid $3.50. The additional $3.50 fee collected
under this paragraph must be deposited in the special revenue fund and credited to the
public safety motor vehicle account established in section 299A.70.
EFFECTIVE DATE.This section is effective for fees collected on and after
July 1, 2011.

    Sec. 9. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
    Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. All such fees for permits issued by the commissioner of transportation shall
be deposited in the state treasury and credited to the trunk highway fund. Except for
those annual permits for which the permit fees are specified elsewhere in this chapter, the
fees shall be:
    (a) $15 for each single trip permit.
    (b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.
    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:
    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;
    (2) motor vehicles which travel on interstate highways and carry loads authorized
under subdivision 1a;
    (3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a ;
    (4) special pulpwood vehicles described in section 169.863;
    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
    (6) noncommercial transportation of a boat by the owner or user of the boat;
    (7) motor vehicles carrying bales of agricultural products authorized under section
169.862 ; and
(8) special milk-hauling vehicles authorized under section 169.867.
    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:
    (1) mobile cranes;
    (2) construction equipment, machinery, and supplies;
    (3) manufactured homes and manufactured storage buildings;
    (4) implements of husbandry;
    (5) double-deck buses;
    (6) commercial boat hauling and transporting waterfront structures, including but
not limited to portable boat docks and boat lifts;
    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
    (e) For vehicles which have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, an additional cost added to the fees listed above. However,
this paragraph applies to any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The additional cost is equal
to the product of the distance traveled times the sum of the overweight axle group cost
factors shown in the following chart:

		Overweight Axle Group Cost Factors
	Weight (pounds)		Cost Per Mile For Each Group Of:
	exceeding weight limitations on axles		Two consecutive axles spaced within 8 feet or less		Three consecutive axles spaced within 9 feet or less		Four consecutive axles spaced within 14 feet or less
	0-2,000		.12		.05		.04
	2,001-4,000		.14		.06		.05
	4,001-6,000		.18		.07		.06
	6,001-8,000		.21		.09		.07
	8,001-10,000		.26		.10		.08
	10,001-12,000		.30		.12		.09
	12,001-14,000		Not permitted		.14		.11
	14,001-16,000		Not permitted		.17		.12
	16,001-18,000		Not permitted		.19		.15
	18,001-20,000		Not permitted		Not permitted		.16
	20,001-22,000		Not permitted		Not permitted		.20

The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.
    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:

	Gross Weight (pounds) of Vehicle		Annual Permit Fee
	90,000	or less	$200
	90,001	- 100,000	$300
	100,001	- 110,000	$400
	110,001	- 120,000	$500
	120,001	- 130,000	$600
	130,001	- 140,000	$700
	140,001	- 145,000	$800

If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
under paragraph (e).
    (g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.
    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
pounds.
    (i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
    (1) in fiscal years 2005 through 2010:
    (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
for costs related to administering the permit program and inspecting and posting bridges;
    (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
and signing account in the special revenue fund. Money in the account is appropriated
to the commissioner for:
    (A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
    (B) erection of weight-posting signs on local bridges; and
    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.
    (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 10. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
as follows:

	Classified Driver's License		D-$22.25 D-$17.25	C-$26.25 C-$21.25	B-$33.25 B-$28.25	A-$41.25 A-$36.25
	Classified Under-21 D.L.		D-$22.25 D-$17.25	C-$26.25 C-$21.25	B-$33.25 B-$28.25	A-$21.25 A-$16.25
	Enhanced Driver's License		D-$37.25 D-$32.25	C-$41.25 C-$36.25	B-$48.25 B-$43.25	A-$56.25 A-$51.25
	Instruction Permit					$10.25 $5.25
	Enhanced Instruction Permit					$25.25 $20.25
	Provisional License					$13.25 $8.25
	Enhanced Provisional License					$28.25 $23.25
	Duplicate License or duplicate identification card					$11.75 $6.75
	Enhanced Duplicate License or enhanced duplicate identification card					$26.75 $21.75
	Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25 $11.25
	Enhanced Minnesota identification card					$31.25 $26.25

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of $1.75 until June 30, 2012 2015. Surcharges collected under this paragraph
must be credited to the driver and vehicle services technology account in the special
revenue fund under section 299A.705.
    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.
    (c) In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.
(d) In addition to the fee required under paragraph (a), a driver's license agent may
charge and retain a filing fee under section 171.061, subdivision 4. The department shall
charge the same filing fee amount as an agent under section 171.061, which must be
credited to the driver services operating account in section 299A.705, subdivision 2.
(e) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the
purposes of public information and education on anatomical gifts under section 171.075.
EFFECTIVE DATE.This section is effective July 1, 2011, except that paragraph
(e) is effective January 1, 2012.

    Sec. 11. Minnesota Statutes 2010, section 171.0701, is amended to read:
171.0701 DRIVER EDUCATION CONTENT.
    Subdivision 1. Driver education requirements. (a) The commissioner shall adopt
rules requiring a minimum of 30 minutes of instruction, beginning January 1, 2007,
relating to organ and tissue donations and the provisions of section 171.07, subdivision
5 , for persons enrolled in driver education programs offered at public schools, private
schools, and commercial driver training schools.
    (b) The commissioner shall adopt rules for persons enrolled in driver education
programs offered at public schools, private schools, and commercial driver training
schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
awareness and safe interaction with commercial motor vehicle traffic. The rules must
require classroom instruction and behind-the-wheel training that includes, but is not
limited to, truck stopping distances, proper distances for following trucks, identification of
truck blind spots, and avoidance of driving in truck blind spots.
    (c) By January 1, 2012, the commissioner shall adopt rules for persons enrolled in
driver education programs offered at public schools, private schools, and commercial
driver training schools, requiring inclusion in the course of instruction of a section on
carbon monoxide poisoning. The instruction must include but is not limited to (1)
a description of the characteristics of carbon monoxide, (2) a review of the risks and
potential speed of death from carbon monoxide poisoning, and (3) specific suggestions
regarding vehicle idling practices.
    Subd. 2. Rulemaking. The rules adopted by the commissioner under paragraph
(b) this section are exempt from the rulemaking provisions of chapter 14. The rules are
subject to section 14.386, except that notwithstanding paragraph (b) of section 14.386, the
rules continue in effect until repealed or superseded by other law or rule.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 12. [171.075] ANATOMICAL GIFTS.
    Subdivision 1. Anatomical gift account. An anatomical gift account is established
in the special revenue fund. The account consist of funds donated under sections 168.12,
subdivision 5, and 171.06, subdivision 2, and any other money donated, allotted,
transferred, or otherwise provided to the account. Money in the account is annually
appropriated to the commissioner for (1) grants under subdivision 2, and (2) administrative
expenses in implementing the donation and grant program.
    Subd. 2. Anatomical gift education grants. (a) The commissioner shall make
grants to (1) a Minnesota organ procurement organization that is certified by the federal
Centers for Medicare and Medicaid Services; or (2) to an entity that is a charitable entity
under section 501(c)(3) of the Internal Revenue Code, as defined in section 289A.02,
subdivision 7, and is dedicated to advocacy for organ, tissue, and eye donation.
(b) From a grant under this section, the recipient shall provide resources and
implement programs designed to increase the number of Minnesotans who register to
be organ, tissue, and eye donors.
EFFECTIVE DATE.This section is effective January 1, 2012.

    Sec. 13. Minnesota Statutes 2010, section 171.13, subdivision 1, is amended to read:
    Subdivision 1. Examination subjects and locations; provisions for color
blindness, disabled veterans. (a) Except as otherwise provided in this section, the
commissioner shall examine each applicant for a driver's license by such agency as the
commissioner directs. This examination must include:
(1) a test of the applicant's eyesight;
(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; knowledge of (ii) the effects
of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally,
and of the legal penalties and financial consequences resulting from violations of laws
prohibiting the operation of a motor vehicle while under the influence of alcohol or
drugs; knowledge of (iii) railroad grade crossing safety; knowledge of (iv) slow-moving
vehicle safety; knowledge of (v) laws relating to pupil transportation safety, including the
significance of school bus lights, signals, stop arm, and passing a school bus; knowledge
of (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon
monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control
in the operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways,
provided, further however,.
(b) Notwithstanding paragraph (a), no driver's license shall may be denied an
applicant on the exclusive grounds that the applicant's eyesight is deficient in color
perception. Provided, however, that War veterans operating motor vehicles especially
equipped for disabled persons, shall, if otherwise entitled to a license, must be granted
such license.
(c) The commissioner shall make provision for giving these the examinations under
this subdivision either in the county where the applicant resides or at a place adjacent
thereto reasonably convenient to the applicant.
EFFECTIVE DATE.This section is effective January 1, 2012.

    Sec. 14. Minnesota Statutes 2010, section 171.13, is amended by adding a subdivision
to read:
    Subd. 1l. Driver's manual; carbon monoxide. The commissioner shall include in
each edition of the driver's manual published by the department after August 1, 2011, a
section that includes up-to-date lifesaving information on carbon monoxide poisoning.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 15. Minnesota Statutes 2010, section 174.93, is amended to read:
174.93 GUIDEWAY INVESTMENT.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have the meanings given:
(1) "commissioner" means the commissioner of transportation; and
(2) "guideway" means a form of transportation service provided to the public on a
regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails
in whole or in part, and includes each line for intercity passenger rail, commuter rail, light
rail transit, streetcars, and bus rapid transit; and
(3) "local unit of government" means a county, statutory or home rule charter city,
town, or other political subdivision, including but not limited to a regional railroad
authority or joint powers board.
(b) For purposes of this section, "sources of funds" includes, but is not limited to,
money from federal aid, state appropriations, the Metropolitan Council, special taxing
districts, local units of government, fare box recovery, and nonpublic sources.
(c) For purposes of this section, "budget activity" includes, but is not limited
to, environmental analysis, land acquisition, easements, design, preliminary and
final engineering, acquisition of vehicles and rolling stock, track improvement and
rehabilitation, and construction.
    Subd. 1a. Capital project requests to legislature. A state agency or local unit of
government that submits a request to the legislature to obtain state funds for a guideway
project shall, as part of the request, provide a summary financial plan for the project that
presents the following information as reflected by the data and level of detail available in
the latest phase of project development:
(1) capital expenditures and funding sources for the project, including expenditures
to date and total projected or estimated expenditures, with a breakdown by committed and
proposed sources of funds; and
(2) estimated annual operations and maintenance expenditures for the project, with a
breakdown by committed and proposed sources of funds.
    Subd. 2. Legislative report. (a) By November 15 in every odd-numbered year,
the commissioner shall prepare, in collaboration with the Metropolitan Council, and
submit a report electronically to the chairs and ranking minority members of the house
of representatives and senate committees with jurisdiction over transportation policy
and finance concerning the status of guideway projects (1) currently in study, planning,
development, or construction; (2) identified in the transportation policy plan under section
473.146 ; or (3) identified in the comprehensive statewide freight and passenger rail plan
under section 174.03, subdivision 1b.
(b) At a minimum, the report must include, for each guideway project:
(1) a brief description of the project, including projected ridership;
(2) a summary of the overall status and current phase of the project;
(3) a timeline that includes (i) project phases or milestones; (ii) expected and known
dates of commencement of each phase or milestone; and (iii) expected and known dates
of completion of each phase or milestone;
(4) a brief progress update on specific project phases or milestones completed since
the last previous submission of a report under this subdivision; and
(5) a summary financial plan that identifies, as reflected by the data and level of
detail available in the latest phase of project development and to the extent available:
(i) capital expenditures, including expenditures to date and total projected
expenditures, with a breakdown by committed and proposed sources of funds for the
project; and
(ii) estimated annual operations and maintenance expenditures reflecting the level
of detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the projects in the Metropolitan Council's
transportation policy plan. project; and
(iii) if feasible, project expenditures by budget activity.
(c) The report must also include a systemwide capacity analysis for investment in
guideway expansion and maintenance that:
(1) provides a funding projection, annually over the ensuing 20 years, and with a
breakdown by committed and proposed sources of funds, of:
(i) total capital expenditures for guideways;
(ii) total operations and maintenance expenditures for guideways;
(iii) total funding available for guideways, including from projected or estimated
farebox recovery; and
(iv) total funding available for transit service in the metropolitan area; and
(2) evaluates the availability of funds and distribution of sources of funds for
guideway investments.
(d) The projection under paragraph (c), clause (1), must be for all guideway lines
for which state funds are reasonably expected to be expended in planning, development,
construction, or revenue operation during the ensuing 20 years.
(e) Local units of government shall provide assistance and information in a timely
manner as requested by the commissioner or council for completion of the report.

    Sec. 16. Laws 2008, chapter 363, article 11, section 6, the effective date, is amended to
read:
EFFECTIVE DATE.This section is effective July 1, 2008, and expires June 30,
2012 2015.

    Sec. 17. Laws 2008, chapter 363, article 11, section 9, the effective date, is amended to
read:
EFFECTIVE DATE.This section is effective July 1, 2008, and expires June 30,
2012 2015.

    Sec. 18. REPORT ON ANATOMICAL GIFT ACCOUNT.
The commissioner of public safety shall report to the chairs of the legislative
committees having jurisdiction over transportation policy and finance on the receipts and
expenditures under Minnesota Statutes, section 171.075. The commission shall submit
the report by February 1, 2013.

    Sec. 19. REVISOR'S INSTRUCTION.
The revisor of statutes shall recodify Minnesota Statutes, section 171.13,
subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k, and 1l, as Minnesota Statutes, section
171.0705. The revisor shall correct any cross-references made necessary by this
recodification.
EFFECTIVE DATE.This section is effective the day following final enactment.