1.1    .................... moves to amend H. F. No. 3725 as follows:
1.2Page 1, delete section 2 and insert:

1.3    "Sec. 2. Minnesota Statutes 2006, section 160.93, is amended to read:
1.4160.93 USER FEES; HIGH-OCCUPANCY VEHICLE AND DYNAMIC
1.5SHOULDER LANES.
1.6    Subdivision 1. Fees authorized. To improve efficiency and provide more options to
1.7individuals traveling in a trunk highway corridor, the commissioner of transportation may
1.8charge user fees to owners or operators of single-occupant vehicles using dynamic shoulder
1.9lanes as designated by the commissioner and any designated high-occupancy vehicle
1.10lanes. The fees may be collected using electronic or other toll-collection methods and may
1.11vary in amount with the time of day and level of traffic congestion within the corridor.
1.12The commissioner shall consult with the Metropolitan Council and obtain necessary
1.13federal authorizations before implementing user fees on a high-occupancy vehicle lane or
1.14dynamic shoulder lane. Fees under this section are not subject to section 16A.1283.
1.15    Subd. 2. Deposit of revenues; appropriation. (a) Except as provided in subdivision
1.162a, money collected from fees authorized under subdivision 1 must be deposited in a
1.17high-occupancy vehicle lane user fee account in the special revenue fund. A separate
1.18account must be established for each trunk highway corridor. Money in the account is
1.19appropriated to the commissioner.
1.20    (b) From this appropriation the commissioner shall first repay the trunk highway
1.21fund and any other fund source for money spent to install, equip, or modify the corridor
1.22for the purposes of subdivision 1, and then shall pay all the costs of implementing and
1.23administering the fee collection system for that corridor.
1.24    (c) The commissioner shall spend remaining money in the account as follows:
1.25    (1) one-half must be spent for transportation capital improvements within the
1.26corridor; and
2.1    (2) one-half must be transferred to the Metropolitan Council for expansion and
2.2improvement of bus transit services within the corridor beyond the level of service
2.3provided on the date of implementation of subdivision 1.
2.4    Subd. 2a. I-35W high-occupancy vehicle and dynamic shoulder lane account.
2.5    (a) An I-35W high-occupancy vehicle and dynamic shoulder lane account is established in
2.6the special revenue fund. Money collected from fees authorized under subdivision 1 for
2.7the marked Interstate 35W corridor must be deposited in the account and used as described
2.8in this subdivision. Money in the account is appropriated to the commissioner.
2.9    (b) During the first year of revenue operations, the commissioner shall use the
2.10money received in that year to pay the costs of operating and administering the fee
2.11collection system within the corridor, up to $1,000,000. Any remaining money must be
2.12transferred to the Metropolitan Council for improvement of bus transit services within the
2.13I-35W corridor including transit capital expenses.
2.14    (c) During the second and subsequent years of revenue operations, the commissioner
2.15shall use money in the account as follows:
2.16    (1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues
2.17for operating and administering the fee collection system within the corridor;
2.18    (2) transfer the remaining amount up to the amount allocated under clause (1) to
2.19the Metropolitan Council for improvement of bus transit within the corridor including
2.20capital expenses; and
2.21    (3) allocate any remaining amount in equal shares between (i) the commissioner
2.22for operating and administering the fee collection system within the corridor and for
2.23transportation capital improvements within the corridor and (ii) the Metropolitan Council
2.24for improvement of bus transit services within the corridor including transit capital
2.25expenses.
2.26    Subd. 3. Rules exemption. With respect to this section, the commissioner is exempt
2.27from statutory rulemaking requirements, including section 14.386, and from sections
2.28160.84 to 160.92 and 161.162 to 161.167.
2.29    Subd. 4. Prohibition. No person may operate a single-occupant vehicle in a
2.30designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance
2.31with the requirements of the commissioner. A person who violates this subdivision is
2.32guilty of a petty misdemeanor and is subject to sections 169.89, subdivisions 1, 2, and 4,
2.33and 169.891 and any other provision of chapter 169 applicable to the commission of a
2.34petty misdemeanor traffic offense.
2.35    Subd. 5. Dynamic shoulder lanes. The commissioner may designate dynamic
2.36shoulder lanes on freeways. The commissioner may operate dynamic shoulder lanes
3.1as priced lanes, general purpose lanes, or as shoulders as defined in section 169.01,
3.2subdivision 73, and may prescribe the conditions under which the lanes may be used by
3.3all types of traffic. The commissioner shall erect signs to indicate when the lanes may
3.4be used."
3.5Page 3, delete section 4 and insert:

3.6    "Sec. 4. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
3.7to read:
3.8    Subd. 93. Dynamic shoulder lane. "Dynamic shoulder lane" has the meaning
3.9given in section 160.02, subdivision 30."