Journal of the House - 28th Day - Tuesday, March 22, 2011

A quorum was present.

Atkins, Buesgens, Johnson, Laine, Lohmer, Tillberry and Ward were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 878

REPORTS OF CHIEF CLERK

S. F. No. 488 and H. F. No. 571, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Lillie moved that S. F. No. 488 be substituted for H. F. No. 571 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Beard from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 1140, A bill for an act relating to transportation; establishing requirements governing capital requests for projects to establish fixed guideway transit and rail lines; amending requirements on fixed guideway transit and rail line project and financial reporting; amending Minnesota Statutes 2010, sections 16A.11, subdivision 3a; 16A.86, subdivision 3a; 174.93.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"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.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 879	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

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 880

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

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.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 881

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

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

(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.

781,000,000

555,000,000

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 882

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
Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 883 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.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 884

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

Appropriations by Fund

	2012	2013

Airports	25,000	25,000
Trunk Highway	41,972,000	41,972,000

(b) Buildings

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

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 885

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

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 886

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

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

Appropriations by Fund

	2012	2013

General	41,000	41,000
Trunk Highway	393,000	393,000

(b) Public Safety Support

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

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 887

$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.

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
Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 888 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

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

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

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

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
Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 889 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

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

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

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.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 890

(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

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 891

(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.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 892

(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.

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.

Journal of the House - 28th Day - Tuesday, March 22, 2011 - Top of Page 893

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.

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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

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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	NA
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	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;

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(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:

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(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

		Cost Per Mile For Each Group Of:
Weight (pounds)
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).

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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 - 110,000 110,001 - 120,000 120,001 - 130,000 130,001 - 140,000 140,001 - 145,000	$400
	$500
	$600
	$700
	$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.

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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,

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(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.

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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.

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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:

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(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.

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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."

Delete the title and insert:

"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."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

SECOND READING OF SENATE BILLS

S. F. No. 488 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

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McElfatrick introduced:

H. F. No. 1255, A bill for an act relating to arts and cultural heritage; appropriating money for the Children's Discovery Museum in Grand Rapids for new exhibits.

The bill was read for the first time and referred to the Legacy Funding Division.

Franson, Leidiger and Drazkowski introduced:

H. F. No. 1256, A bill for an act relating to retirement; modifying member and employer contribution rates; amending Minnesota Statutes 2010, sections 3A.03, subdivision 1; 352.04, subdivisions 2, 3; 352.92, subdivisions 1, 2; 352D.04, subdivision 2; 353.27, subdivisions 2, 3; 353E.03; 354.42, subdivisions 2, 3; 354A.12, subdivisions 1, 2a; 490.123, subdivisions 1a, 1b.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

Hayden and Clark introduced:

H. F. No. 1257, A bill for an act relating to housing; authorizing the sale and issuance of nonprofit housing bonds for community land trusts; amending Minnesota Statutes 2010, section 462A.36.

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

Wagenius and Hilty introduced:

H. F. No. 1258, A bill for an act relating to state government; appropriating money for environment, natural resources, and energy; modifying fees and surcharges; creating accounts; modifying disposition of certain receipts; modifying certain game and fish license requirements; modifying permit requirements for harvest and control of aquatic plants; extending petroleum tank release cleanup provisions; transferring staff and administrative support of Environmental Quality Board; amending Minnesota Statutes 2010, sections 85.052, subdivision 4; 85.055, subdivision 2; 86B.415, subdivision 7; 89.039; 89.21; 97A.055, by adding a subdivision; 97A.071, subdivision 2; 97A.075; 97A.411, subdivision 1; 97A.435, subdivision 2; 97A.451, subdivisions 2, 3, 4, 5, by adding a subdivision; 97A.473, subdivisions 2, 2b, 3, 4, 5, 5a; 97A.474, subdivision 2; 97A.475, subdivisions 2, 3, 4, 6, 7, 8, 11, 12, 20, 43, 44, 45; 97A.485, subdivision 7; 97B.020; 97B.715, subdivision 1; 97B.801; 97C.301, subdivision 3; 97C.305, subdivisions 1, 2; 103G.271, subdivision 6; 103G.301, subdivision 2; 103G.615, subdivisions 1, 2, by adding a subdivision; 115A.1314; 115A.1320, subdivision 1; 115C.13; 116.07, subdivision 4d; 116C.03, subdivisions 4, 5; 357.021, subdivision 7; Laws 2007, chapter 57, article 1, section 4, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 84; 89; 97A; 103G; 115A; repealing Minnesota Statutes 2010, sections 97A.451, subdivisions 3a, 7; 97C.303.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Drazkowski, Kieffer, Lohmer, Buesgens, Gruenhagen, Hancock and Fabian introduced:

H. F. No. 1259, A bill for an act relating to state government; reducing salaries for certain officials; reducing legislative per diem.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

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Drazkowski introduced:

H. F. No. 1260, A bill for an act relating to libraries; repealing the maintenance of effort for public libraries; amending Minnesota Statutes 2010, sections 134.195, subdivision 8; 134.201, subdivisions 1, 5; 134.32, subdivision 3; 134.341; 134.355, subdivisions 2, 8; repealing Minnesota Statutes 2010, section 134.34, subdivisions 1, 3, 4, 7.

The bill was read for the first time and referred to the Committee on Education Finance.

Holberg introduced:

H. F. No. 1261, A bill for an act relating to metropolitan government; providing for the additional financing of metropolitan area transit and paratransit capital expenditures; authorizing the issuance of certain obligations; amending Minnesota Statutes 2010, section 473.39, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Taxes.

Downey introduced:

H. F. No. 1262, A bill for an act relating to local government aids; reducing city and county general purpose aids and establishing new grant and loan programs for local governments; amending Minnesota Statutes 2010, sections 477A.013, by adding a subdivision; 477A.03, subdivisions 2a, 2b; proposing coding for new law in Minnesota Statutes, chapter 477A.

The bill was read for the first time and referred to the Committee on Taxes.

Hancock introduced:

H. F. No. 1263, A bill for an act relating to agriculture; repealing obsolete provisions on county seed and feed loans; repealing Minnesota Statutes 2010, sections 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development Policy and Finance.

Hancock and Persell introduced:

H. F. No. 1264, A bill for an act relating to capital improvements; appropriating money for construction and renovation of facilities in Independent School District No. 38, Red Lake; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Education Finance.

Mahoney and Clark introduced:

H. F. No. 1265, A bill for an act relating to state government; appropriating money; modifying fees and licensing, registration, and continuing education provisions; requiring rulemaking; amending Minnesota Statutes 2010, sections 116J.035, by adding a subdivision; 116L.3625; 116L.62; 326B.04, subdivision 2; 326B.091;

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326B.098; 326B.148, subdivision 1; 326B.42, subdivisions 8, 9, 10, by adding subdivisions; 326B.435, subdivision 2; 326B.438; 326B.46, subdivisions 1a, 1b, 2, 3; 326B.47, subdivisions 1, 3; 326B.49, subdivision 1; 326B.56, subdivision 1; 326B.58; 326B.82, subdivisions 2, 3, 7, 9; 326B.821, subdivisions 1, 5, 5a, 6, 7, 8, 9, 10, 11, 12, 15, 16, 18, 19, 20, 22, 23; 326B.865; 341.321; Laws 2009, chapter 78, article 1, section 18; proposing coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2010, sections 326B.82, subdivisions 4, 6; 326B.821, subdivision 3.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Hilstrom introduced:

H. F. No. 1266, A bill for an act relating to public safety; acquiring an easement for the correctional facility in Faribault; appropriating money for public safety, judiciary, corrections, and human rights.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Hornstein, Gauthier, Nelson, Morrow and Champion introduced:

H. F. No. 1267, A bill for an act relating to appropriations; appropriating money for transportation, Metropolitan Council, and public safety activities; providing for fund transfers, general contingent accounts, and tort claims; providing for various fees and accounts; amending Minnesota Statutes 2010, sections 168A.29, subdivision 1; 171.06, subdivision 2; Laws 2008, chapter 363, article 11, sections 6; 9.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Runbeck introduced:

H. F. No. 1268, A bill for an act relating to taxation; providing a tax amnesty period; appropriating money.

The bill was read for the first time and referred to the Committee on Taxes.

McFarlane; Scalze; Anderson, B.; Leidiger; Murdock; Peppin; Koenen; Lanning; Anderson, P., and Marquart introduced:

H. F. No. 1269, A bill for an act relating to public officials; changing a definition in the campaign finance and public disclosure law; amending Minnesota Statutes 2010, section 10A.01, subdivision 35.

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

CALENDAR FOR THE DAY

Dean moved that the Calendar for the Day be continued. The motion prevailed.

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MOTIONS AND RESOLUTIONS

Koenen moved that the name of Smith be added as chief author on H. F. No. 104. The motion prevailed.

Hamilton moved that the name of Morrow be added as an author on H. F. No. 860. The motion prevailed.

McNamara moved that the name of Slocum be added as an author on H. F. No. 882. The motion prevailed.

Davnie moved that the name of Slocum be added as an author on H. F. No. 891. The motion prevailed.

Mullery moved that the name of Slocum be added as an author on H. F. No. 903. The motion prevailed.

Hamilton moved that the name of Slocum be added as an author on H. F. No. 905. The motion prevailed.

Slawik moved that the name of Slocum be added as an author on H. F. No. 913. The motion prevailed.

Falk moved that the name of Slocum be added as an author on H. F. No. 931. The motion prevailed.

Howes moved that the name of Marquart be added as an author on H. F. No. 959. The motion prevailed.

Anzelc moved that the name of Slocum be added as an author on H. F. No. 964. The motion prevailed.

Cornish moved that the name of Slocum be added as an author on H. F. No. 981. The motion prevailed.

McFarlane moved that the name of Slocum be added as an author on H. F. No. 995. The motion prevailed.

Anderson, S., moved that the name of Knuth be added as an author on H. F. No. 1120. The motion prevailed.

Lenczewski moved that the name of Slocum be added as an author on H. F. No. 1145. The motion prevailed.

Slawik moved that the name of Slocum be added as an author on H. F. No. 1153. The motion prevailed.

Mullery moved that the name of Hayden be added as an author on H. F. No. 1199. The motion prevailed.

Greiling moved that the names of Simon, Hayden and Peterson, S., be added as authors on H. F. No. 1202. The motion prevailed.

Murphy, E., moved that the names of Kahn, Hayden and Peterson, S., be added as authors on H. F. No. 1204. The motion prevailed.

Hornstein moved that the names of Banaian, Kahn and Hayden be added as authors on H. F. No. 1206. The motion prevailed.

Anderson, D., moved that the name of Peterson, S., be added as an author on H. F. No. 1215. The motion prevailed.

Fritz moved that the name of Hayden be added as an author on H. F. No. 1218. The motion prevailed.

Mullery moved that the name of Hayden be added as an author on H. F. No. 1226. The motion prevailed.

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Mullery moved that the name of Hayden be added as an author on H. F. No. 1228. The motion prevailed.

Fabian moved that the name of Dean be added as an author on H. F. No. 1230. The motion prevailed.

Hamilton moved that the name of Hayden be added as an author on H. F. No. 1236. The motion prevailed.

Shimanski moved that the name of Kiffmeyer be added as an author on H. F. No. 1241. The motion prevailed.

Bills moved that the name of Kiffmeyer be added as an author on H. F. No. 1254. The motion prevailed.

Erickson moved that S. F. No. 56 be recalled from the Committee on Education Reform and be re-referred to the Committee on Ways and Means.

A roll call was requested and properly seconded.

The question was taken on the Erickson motion and the roll was called. There were 70 yeas and 57 nays as follows:

Those who voted in the affirmative were: