HF 1446

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to highways; directing commissioner of 
  1.3             transportation to lease safety rest areas or contract 
  1.4             for their private operation; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 160. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [160.2825] [HIGHWAY SAFETY REST AREA 
  1.8   OPERATION.] 
  1.9      (a) With respect to each trunk highway safety rest area 
  1.10  operated by the commissioner, the commissioner of transportation 
  1.11  shall solicit proposals for lease or operation and maintenance 
  1.12  of each rest area by a private entity, except as otherwise 
  1.13  provided in paragraph (e). 
  1.14     (b) For each safety rest area for which the commissioner 
  1.15  receives a proposal under paragraph (a), the commissioner shall 
  1.16  negotiate a lease or an operation and maintenance contract by 
  1.17  July 1, 2004.  A lease or contract under this section (1) may 
  1.18  authorize the operation of commercial activities in a rest area 
  1.19  and (2) must require the lessee or contractor to provide public 
  1.20  services to motorists, including sanitary restrooms, for a 
  1.21  minimum number of hours per day.  The commissioner of 
  1.22  transportation shall consult and negotiate with the Federal 
  1.23  Highway Administration to generate a listing of commercial 
  1.24  activities allowed or not allowed under federal law or 
  1.25  regulations in rest areas provided for the national highway 
  2.1   system. 
  2.2      (c) The commissioner may provide for minimum bids to 
  2.3   constitute adequate compensation based on location, size, actual 
  2.4   or estimated average daily traffic counts, the extent of 
  2.5   facilities and services provided at any specific rest area, 
  2.6   actual or estimated revenue generated, and any other factors and 
  2.7   considerations the commissioner considers relevant.  Any lease 
  2.8   or other contract for operating a rest area must provide for 
  2.9   regular lease payments and payments constituting a percentage of 
  2.10  revenues for deposit in the trunk highway fund and, if 
  2.11  applicable, payments of sales taxes, for deposit in the general 
  2.12  fund. 
  2.13     (d) The commissioner may decline to lease a rest area or 
  2.14  contract for its maintenance and operation if the commissioner 
  2.15  determines that no offers for lease or contracting and 
  2.16  maintenance of that rest area have been made that would (1) 
  2.17  adequately compensate the state or (2) provide adequate public 
  2.18  services for motorists.  A lease or contract under this section 
  2.19  may authorize the lessee or contractor to make improvements to 
  2.20  the rest area. 
  2.21     (e) Except if contrary to the requirements of paragraph (b) 
  2.22  or (d), clause (2), the commissioner shall continue for five 
  2.23  years any vendor-vendee, lessor-lessee, or contract relationship 
  2.24  in effect for each rest area on the effective date of this 
  2.25  section; provided that the rest area operator must continue to 
  2.26  comply with the requirements of paragraphs (b) and (d), clause 
  2.27  (2), throughout the five-year period.  This paragraph supersedes 
  2.28  any contrary provision of section 160.282. 
  2.29     (f) The commissioner shall take no action under this 
  2.30  section that would result in the loss of federal highway funds 
  2.31  to the state or require the repayment of highway funds to the 
  2.32  federal government.