HF 939

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for highway and 
  1.3             transit funding; allocating spending from trunk 
  1.4             highway fund; prohibiting preference for union 
  1.5             contractors; changing definition of prevailing wage 
  1.6             rate; allocating traffic fines and forfeited bail; 
  1.7             providing for a task force; amending Minnesota 
  1.8             Statutes 1998, sections 16C.25; 160.02, subdivision 7, 
  1.9             and by adding a subdivision; 161.04, by adding a 
  1.10            subdivision; 174.01, by adding a subdivision; 174.02, 
  1.11            by adding a subdivision; 177.42, subdivision 6; 
  1.12            299D.01, by adding a subdivision; 299D.03, subdivision 
  1.13            5; and 471.345, subdivision 7. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 16C.25, is 
  1.16  amended to read: 
  1.17     16C.25 [BUILDING AND CONSTRUCTION CONTRACTS.] 
  1.18     Notwithstanding any contrary law, the provisions of 
  1.19  Minnesota Statutes 1996, section 16B.07, 16B.08, 16B.09, and all 
  1.20  other laws applicable to competitive bidding for building and 
  1.21  construction contracts on June 30, 1998, apply to building and 
  1.22  construction contracts entered into on or after July 1, 1998., 
  1.23  provided that: 
  1.24     (1) no consideration shall be given in making an award 
  1.25  under such competitive bidding laws to whether or not any 
  1.26  contractor has entered into, executed, or adhered to, or 
  1.27  otherwise observes or follows the wage, benefit, or other 
  1.28  economic terms of, or incurs any economic detriment pursuant to, 
  1.29  any trade union agreement or project labor agreement, in 
  2.1   connection with an award; 
  2.2      (2) no requirement, discrimination, preference, or adverse 
  2.3   differentiation among contractors shall be made in connection 
  2.4   with an award based on whether or not contractors have agreed to 
  2.5   or have entered into, executed, adhered to, or otherwise observe 
  2.6   or follow the wage and benefit or other economic terms of, or 
  2.7   have incurred any economic detriment pursuant to, any trade 
  2.8   union agreement or project labor agreement; and 
  2.9      (3) no solicitation, specification, request for proposal, 
  2.10  or contract term subject to competitive bidding laws may provide 
  2.11  for any consideration, requirement, discrimination, preference, 
  2.12  or adverse differentiation among contractors prohibited by 
  2.13  clause (1) or (2). 
  2.14     Sec. 2.  Minnesota Statutes 1998, section 160.02, 
  2.15  subdivision 7, is amended to read: 
  2.16     Subd. 7.  [ROAD OR HIGHWAY.] "Road" or "highway" means a 
  2.17  corridor used primarily for the transportation of persons or 
  2.18  goods and includes, unless otherwise specified, the several 
  2.19  kinds of highways as defined in this section, including roads 
  2.20  designated as minimum-maintenance roads, and also cartways, 
  2.21  together with all bridges or other structures thereon which form 
  2.22  a part of the same.  
  2.23     Sec. 3.  Minnesota Statutes 1998, section 160.02, is 
  2.24  amended by adding a subdivision to read: 
  2.25     Subd. 7a.  [HIGHWAY PURPOSE.] "Highway purpose" means a 
  2.26  purpose that is substantially related to the establishment, 
  2.27  construction, reconstruction, maintenance, or administration of 
  2.28  a road or highway. 
  2.29     Sec. 4.  Minnesota Statutes 1998, section 161.04, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 4.  [EXPENDITURES FROM FUND.] (a) Not less than 60 
  2.32  percent of the total expenditures in any fiscal year from the 
  2.33  trunk highway fund must be for the construction and 
  2.34  reconstruction of trunk highways, including engineering and 
  2.35  right-of-way acquisition. 
  2.36     (b) Money in the trunk highway fund may not be spent for 
  3.1   the purpose of (1) acquiring new trunk highway corridors, (2) 
  3.2   substantially expanding existing trunk highway corridors by 
  3.3   adding lanes, or (3) substantially expanding traffic capacity on 
  3.4   existing trunk highway corridors, except for reasons of safety. 
  3.5      Sec. 5.  Minnesota Statutes 1998, section 174.01, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 3.  [TRANSPORTATION SPENDING GOALS.] The following 
  3.8   transportation spending goals are established: 
  3.9      (1) total spending per fiscal year from the trunk highway 
  3.10  fund for construction and reconstruction of state trunk 
  3.11  highways, not less than $400,000,000 in construction projects 
  3.12  let by fiscal year 2002; 
  3.13     (2) total state spending per fiscal year on public transit, 
  3.14  not less than $125,000,000 by fiscal year 2002; and 
  3.15     (3) a minimum state spending goal of $100,000,000 from the 
  3.16  general fund for construction projects let by fiscal year 2002 
  3.17  for (i) acquiring new trunk highway corridors, (ii) 
  3.18  substantially expanding existing trunk highway corridors by 
  3.19  adding lanes, or (iii) substantially expanding traffic capacity 
  3.20  on existing trunk highway corridors, except for reasons of 
  3.21  safety, should be established. 
  3.22     Sec. 6.  Minnesota Statutes 1998, section 174.02, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 7.  [RECOMMENDED APPROPRIATIONS FROM GENERAL 
  3.25  FUND.] The commissioner of transportation shall include in each 
  3.26  biennial budget submitted to the legislature a plan developed by 
  3.27  area transportation partnerships, of recommended expenditures 
  3.28  from the general fund for trunk highway purposes and public 
  3.29  transit purposes. 
  3.30     Sec. 7.  Minnesota Statutes 1998, section 177.42, 
  3.31  subdivision 6, is amended to read: 
  3.32     Subd. 6.  [PREVAILING WAGE RATE.] "Prevailing wage rate" 
  3.33  means the hourly basic rate of pay plus the contribution for 
  3.34  health and welfare benefits, vacation benefits, pension 
  3.35  benefits, and any other economic benefit paid to the largest 
  3.36  number of workers engaged in the same class of labor within the 
  4.1   area and includes, for the purposes of section 177.44, rental 
  4.2   rates for truck hire paid to those who own and operate the 
  4.3   truck.  The prevailing wage rate may not be less than a 
  4.4   reasonable and living wage federal prevailing wage as determined 
  4.5   in United States Code, title 40, section 276a.  
  4.6      Sec. 8.  Minnesota Statutes 1998, section 299D.01, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 9.  [APPROPRIATIONS.] Appropriations for the 
  4.9   operations of the state patrol, other than commercial motor 
  4.10  vehicle inspection and enforcement activities, must be from the 
  4.11  general fund. 
  4.12     Sec. 9.  Minnesota Statutes 1998, section 299D.03, 
  4.13  subdivision 5, is amended to read: 
  4.14     Subd. 5.  [FINES AND FORFEITED BAIL MONEY ALLOCATIONS.] (a) 
  4.15  All fines and forfeited bail money, from traffic and motor 
  4.16  vehicle law violations, collected from persons apprehended or 
  4.17  arrested by officers of the state patrol, shall be paid by the 
  4.18  person or officer collecting the fines, forfeited bail money or 
  4.19  installments thereof, on or before the tenth day after the last 
  4.20  day of the month in which these moneys were collected, to the 
  4.21  county treasurer of the county where the violation occurred.  
  4.22  Three-eighths of these receipts shall be credited to the general 
  4.23  revenue fund of the county.  The other five-eighths of these 
  4.24  receipts shall be transmitted by that officer to the state 
  4.25  treasurer and shall be credited as follows: 
  4.26     (1) In the fiscal year ending June 30, 1991, the first 
  4.27  $275,000 in money received by the state treasurer after June 4, 
  4.28  1991, must be credited to the transportation services fund, and 
  4.29  the remainder in the fiscal year credited to the trunk highway 
  4.30  fund. 
  4.31     (2) In fiscal year 1992, the first $215,000 in money 
  4.32  received by the state treasurer in the fiscal year must be 
  4.33  credited to the transportation services fund, and the remainder 
  4.34  credited to the trunk highway fund. 
  4.35     (3) In fiscal years 1993 and subsequent years, the entire 
  4.36  amount received by the state treasurer must be credited to the 
  5.1   trunk highway general fund.  If, however, the violation occurs 
  5.2   within a municipality and the city attorney prosecutes the 
  5.3   offense, and a plea of not guilty is entered, one-third of the 
  5.4   receipts shall be credited to the general revenue fund of the 
  5.5   county, one-third of the receipts shall be paid to the 
  5.6   municipality prosecuting the offense, and one-third shall be 
  5.7   transmitted to the state treasurer as provided in this 
  5.8   subdivision and credited to the general fund.  All costs of 
  5.9   participation in a nationwide police communication system 
  5.10  chargeable to the state of Minnesota shall be paid from 
  5.11  appropriations for that purpose. 
  5.12     (b) Notwithstanding any other provisions of law, all fines 
  5.13  and forfeited bail money from violations of statutes governing 
  5.14  the maximum weight of motor vehicles, collected from persons 
  5.15  apprehended or arrested by employees of the state of Minnesota, 
  5.16  by means of stationary or portable scales operated by these 
  5.17  employees, shall be paid by the person or officer collecting the 
  5.18  fines or forfeited bail money, on or before the tenth day after 
  5.19  the last day of the month in which the collections were made, to 
  5.20  the county treasurer of the county where the violation 
  5.21  occurred.  Five-eighths of these receipts shall be transmitted 
  5.22  by that officer to the state treasurer and shall be credited to 
  5.23  the highway user tax distribution fund.  Three-eighths of these 
  5.24  receipts shall be credited to the general revenue fund of the 
  5.25  county.  
  5.26     Sec. 10.  Minnesota Statutes 1998, section 471.345, 
  5.27  subdivision 7, is amended to read: 
  5.28     Subd. 7.  [MINIMUM LABOR STANDARDS.] Nothing in (a) This 
  5.29  section shall be construed to does not prohibit any a 
  5.30  municipality from adopting rules, regulations, or 
  5.31  ordinances which establish establishing: 
  5.32     (1) the prevailing wage rate as defined in section 177.42, 
  5.33  as a minimum standard for wages; and which establish 
  5.34     (2) the hours and working conditions prevailing for the 
  5.35  largest number of workers engaged in the same class of labor 
  5.36  within the area as a minimum standard for a contractor's 
  6.1   employees, which must be agreed to by any contractor before the 
  6.2   contractor may be awarded any contract for the furnishing of any 
  6.3   labor, material, supplies, or service. 
  6.4      (b) However, a municipality may not adopt rules, 
  6.5   regulations, or ordinances: 
  6.6      (1) that require any contractor to enter into, execute, 
  6.7   adhere to, observe, or otherwise follow the wage, benefit, or 
  6.8   other economic terms of, or incur any economic detriment 
  6.9   pursuant to, any trade union agreement or project labor 
  6.10  agreement, in connection with the project; or 
  6.11     (2) that discriminate, prefer, or differentiate adversely 
  6.12  among contractors based on whether or not they have agreed to or 
  6.13  have entered into, executed, adhered to, observed, or otherwise 
  6.14  followed the wage, benefit, or other economic terms of, or 
  6.15  incurred any economic detriment pursuant to, any trade union 
  6.16  agreement or project labor agreement. 
  6.17     Sec. 11.  [PROJECT DELIVERY TASK FORCE; REPORT.] 
  6.18     (a) A project delivery task force is created to investigate 
  6.19  and implement methods to accelerate the delivery of 
  6.20  transportation department projects.  This task force is composed 
  6.21  of 11 members, including: 
  6.22     (1) the commissioner of transportation, or the 
  6.23  commissioner's designate; 
  6.24     (2) three members of the senate, no more than two being 
  6.25  members of the majority party, appointed by the senate rules and 
  6.26  administration subcommittee on committees; 
  6.27     (3) three members of the house of representatives, no more 
  6.28  than two being members of the majority party, appointed by the 
  6.29  speaker of the house of representatives; and 
  6.30     (4) four representatives of business and the highway 
  6.31  construction industry, appointed by the governor.  
  6.32     (b) The task force shall examine acquisition of 
  6.33  right-of-way environmental regulations, design and construction, 
  6.34  materials, and the impact of utilities in an effort to 
  6.35  accelerate the delivery of transportation department projects.  
  6.36     (c) The task force shall report its findings to the 
  7.1   legislature and governor no later than January 15, 2000.  The 
  7.2   task force expires January 16, 2000. 
  7.3      Sec. 12.  [EFFECTIVE DATE.] 
  7.4      Sections 1 to 10 are effective July 1, 1999.  Section 11 is 
  7.5   effective the day following final enactment.