HF 392

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; allowing substitution in 
  1.3             metropolitan area of another project in state 
  1.4             transportation improvement program for designated toll 
  1.5             facility project; providing for municipal review and 
  1.6             dispute resolution process for state highway project 
  1.7             in municipality; requiring revisions to state 
  1.8             transportation plan every four years; allowing 
  1.9             nonmetropolitan district offices of department of 
  1.10            transportation to receive grants for transportation 
  1.11            studies; making technical changes; amending Minnesota 
  1.12            Statutes 1996, sections 160.92; 161.17; 161.172; 
  1.13            161.173; 161.174; 161.176; 161.177; and 174.03, 
  1.14            subdivisions 1a and 2; and Laws 1995, chapter 265, 
  1.15            article 2, section 2, subdivision 7; proposing coding 
  1.16            for new law in Minnesota Statutes, chapter 161; 
  1.17            repealing Minnesota Statutes 1996, sections 161.171; 
  1.18            and 161.175. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1996, section 160.92, is 
  1.21  amended to read: 
  1.22     160.92 [TOLL FACILITY REPLACEMENT PROJECTS.] 
  1.23     When a highway project in the metropolitan area has been 
  1.24  scheduled in the department's six-year work state transportation 
  1.25  improvement program but is designated as a toll facility, the 
  1.26  commissioner shall substitute in the work program a similar 
  1.27  highway another construction project in the metropolitan area. 
  1.28     Sec. 2.  [161.167] [HIGHWAY CONSTRUCTION THROUGH 
  1.29  MUNICIPALITIES; DEFINITIONS.] 
  1.30     Subdivision 1.  [SCOPE.] As used in sections 161.168 to 
  1.31  161.177, the terms defined in this section have the meanings 
  1.32  given them. 
  2.1      Subd. 2.  [ADVISORY BODY.] "Advisory body" means (1) if the 
  2.2   project is located in the seven-county metropolitan area, the 
  2.3   metropolitan council; (2) if the project is located in a 
  2.4   municipality outside of the seven-county metropolitan area, and 
  2.5   not within the jurisdiction of a metropolitan planning 
  2.6   organization, the municipal advisory committee on state aid 
  2.7   rules established under section 162.09, subdivision 2; or (3) if 
  2.8   the project is located in a municipality outside of the 
  2.9   seven-county metropolitan area and within a metropolitan 
  2.10  planning organization area, the policy board of the metropolitan 
  2.11  planning organization. 
  2.12     Subd. 3.  [APPEAL BOARD.] "Appeal board" means (1) if the 
  2.13  project is located in the seven-county metropolitan area, the 
  2.14  metropolitan council; (2) if the project is located in a 
  2.15  municipality outside of the seven-county metropolitan area, and 
  2.16  not within the jurisdiction of a metropolitan planning 
  2.17  organization, the municipal advisory committee on state aid 
  2.18  rules established under section 162.09, subdivision 2; or (3) if 
  2.19  the project is located in a municipality outside of the 
  2.20  seven-county metropolitan area and within a metropolitan 
  2.21  planning organization area, the policy board of the metropolitan 
  2.22  planning organization. 
  2.23     Subd. 4.  [CONSTRUCTION PLAN.] "Construction plan" means 
  2.24  the final plan including plan sheets, profiles, typical cross 
  2.25  sections, and supplemental drawings that show the location, 
  2.26  character, dimensions, and details of the highway construction 
  2.27  or improvement work to be done, and which is substantially in 
  2.28  conformance with the plan that will be submitted to prospective 
  2.29  bidders. 
  2.30     Subd. 5.  [CONSTRUCTION PROJECT.] "Construction project" 
  2.31  means new construction, reconstruction, or other highway 
  2.32  improvements. 
  2.33     Subd. 6.  [GOVERNING BODY.] "Governing body" means the duly 
  2.34  elected council of a municipality. 
  2.35     Subd. 7.  [MUNICIPALITY.] "Municipality" means a statutory 
  2.36  or home rule charter city within the state. 
  3.1      Subd. 8.  [METROPOLITAN AREA.] "Metropolitan area" includes 
  3.2   the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
  3.3   and Washington, presently under the jurisdiction, for 
  3.4   metropolitan area planning and coordination purposes, of the 
  3.5   metropolitan council established pursuant to chapter 473. 
  3.6      Subd. 9.  [METROPOLITAN PLANNING AREA.] "Metropolitan 
  3.7   planning area" means the geographic area in which the 
  3.8   metropolitan transportation planning process required by section 
  3.9   8 of the Federal Transit Act and by United States Code, title 
  3.10  23, section 134, must be carried out. 
  3.11     Subd. 10.  [METROPOLITAN PLANNING ORGANIZATION OR 
  3.12  MPO.] "Metropolitan planning organization" or "MPO" means the 
  3.13  forum for cooperative transportation decision-making for 
  3.14  metropolitan planning areas. 
  3.15     Subd. 11.  [SYSTEM OF NONPRINCIPAL ROUTES.] "System of 
  3.16  nonprincipal routes" means any of the systems of routes that are 
  3.17  functionally classified as minor arterials, collectors, and 
  3.18  local roads and that have less emphasis on mobility and more 
  3.19  emphasis on access than the system of principal arterial routes. 
  3.20     Subd. 12.  [PRELIMINARY PLAN.] "Preliminary plan" means the 
  3.21  geometric layout or, if no geometric layout is prepared, the 
  3.22  preliminary construction plan for a highway facility, that 
  3.23  shows, where applicable, the proposed locations, elevations, and 
  3.24  number and width of lanes; frontage roads; types and approximate 
  3.25  locations of proposed roadway intersections or interchanges; 
  3.26  approximate width and length of bridges; and approximate 
  3.27  right-of-way limits and access locations. 
  3.28     Subd. 13.  [SYSTEM OF PRINCIPAL ARTERIAL ROUTES.] "System 
  3.29  of principal arterial routes" means the system of routes whose 
  3.30  primary function is to carry vehicles for long-distance trips at 
  3.31  high speeds, to emphasize mobility over local access functions.  
  3.32  It consists of the national highway system, interstate routes, 
  3.33  and other principal arterial routes not designated as part of 
  3.34  the national highway system. 
  3.35     Sec. 3.  [161.168] [HIGHWAY PROJECT REVIEW.] 
  3.36     Subdivision 1.  [SCOPE.] Sections 161.167 to 161.17 apply 
  4.1   to state trunk highways functionally classified as part of the 
  4.2   system of principal arterial routes by the commissioner.  
  4.3   Sections 161.172 to 161.177 do not apply to the system of 
  4.4   principal arterial routes.  Sections 161.167 to 161.169 and 
  4.5   161.172 to 161.177 apply to a system of nonprincipal routes.  
  4.6      Subd. 2.  [PROJECTS REQUIRING REVIEW.] Section 161.17, 
  4.7   which applies to the system of principal arterial routes, and 
  4.8   sections 161.172 to 161.177, which apply to a system of 
  4.9   nonprincipal routes, apply only to projects that alter access, 
  4.10  increase or reduce highway traffic capacity, or require 
  4.11  acquisition of permanent rights-of-way.  
  4.12     Subd. 3.  [TRAFFIC SAFETY MEASURES.] Nothing contained in 
  4.13  sections 161.167 to 161.177 limits the power of the commissioner 
  4.14  to regulate traffic or install traffic control devices or other 
  4.15  safety measures on trunk highways located within municipalities 
  4.16  regardless of their impact on access or traffic capacity or on 
  4.17  the need for additional right-of-way. 
  4.18     Subd. 4.  [CONSTRUCTION PROGRAM; PRIORITY.] Nothing 
  4.19  contained in sections 161.167 to 161.177 limits the 
  4.20  commissioner's discretion to determine priority and programming 
  4.21  of trunk highway construction projects. 
  4.22     Sec. 4.  [161.169] [PUBLIC PARTICIPATION.] 
  4.23     Subdivision 1.  [CONSULTATION AND COORDINATION.] As part of 
  4.24  the project development process, the department shall engage in 
  4.25  early consultation and coordination with federal, state, and 
  4.26  local agencies and with the general public in order to learn 
  4.27  about their needs, exchange information, and facilitate 
  4.28  communication.  The consultation and coordination may take many 
  4.29  forms and may be tailored to the size and impact of the 
  4.30  projects.  To the greatest extent possible, the department shall 
  4.31  coordinate the municipal approval process with state and federal 
  4.32  environmental review processes.  The department shall conduct 
  4.33  system planning, corridor planning, preliminary design, and 
  4.34  environmental study processes in a way that complements and 
  4.35  assists the process of obtaining municipal approval. 
  4.36     Subd. 2.  [PUBLIC HEARING.] A public hearing will be held 
  5.1   or an opportunity for a public hearing provided on any 
  5.2   construction project: 
  5.3      (1) requiring the acquisition of more than minor amounts of 
  5.4   right-of-way; 
  5.5      (2) substantially changing the layout or function of the 
  5.6   facility being improved; 
  5.7      (3) that has a substantial, adverse impact on abutting real 
  5.8   properties; 
  5.9      (4) that has important social, economic, transportation, or 
  5.10  environmental effects; 
  5.11     (5) that may involve substantial public controversy; 
  5.12     (6) when another federal or state agency with jurisdiction 
  5.13  requests a hearing; or 
  5.14     (7) when the department determines it should hold a hearing.
  5.15     Subd. 3.  [APPLICATION.] This section applies to sections 
  5.16  161.17 to 161.177. 
  5.17     Sec. 5.  Minnesota Statutes 1996, section 161.17, is 
  5.18  amended to read: 
  5.19     161.17 [INTERSTATE HIGHWAY SYSTEM; APPROVAL OF PLANS SYSTEM 
  5.20  OF PRINCIPAL ARTERIAL ROUTES.] 
  5.21     Subd. 2.  [INTERSTATE SYSTEM LEGISLATIVE DECLARATION.] It 
  5.22  is hereby declared (a) The legislature declares that 
  5.23  construction of the interstate system of highways principal 
  5.24  arterial routes will vitally affect the future development 
  5.25  of the cities municipalities through which these routes pass and 
  5.26  such municipalities should have an important role in the 
  5.27  development of this highway system; that on the other hand the 
  5.28  future planning and programming of construction these projects 
  5.29  over a period of years is necessary to take maximum advantage of 
  5.30  federal aid and to build a unified and coordinated interstate 
  5.31  system of principal arterial routes; that excessive delay in 
  5.32  local approval of plans for construction of one segment may 
  5.33  seriously impede completion of the entire system and adversely 
  5.34  affect other municipalities along the interstate system of 
  5.35  principal arterial routes; that the mutual exchange of 
  5.36  information and close cooperation between the department and 
  6.1   local governing bodies should be encouraged by improved 
  6.2   administrative processes for securing orderly review 
  6.3   of preliminary plans and the resolution of differences 
  6.4   over interstate the system of principal arterial routes and 
  6.5   projects; and that the provisions of sections 161.171 161.172 to 
  6.6   161.177 for local approval of trunk highway preliminary plans 
  6.7   must be modified for are not applicable to the interstate 
  6.8   highway system of principal arterial routes in the light of 
  6.9   these various considerations. 
  6.10     Subd. 3.  [SUBMISSION OF PLANS.] (a) Before proceeding with 
  6.11  the preparation of the final plans for the construction, 
  6.12  reconstruction, or improvement of any route on the interstate 
  6.13  system of principal arterial routes lying within any city 
  6.14  municipality, the commissioner shall submit to its governing 
  6.15  body preliminary plans covering the route location and design.  
  6.16  The preliminary plans shall be submitted as part of a report 
  6.17  containing such supporting data that the commissioner deems 
  6.18  helpful to the governing body in appraising the preliminary 
  6.19  plans submitted. 
  6.20     (b) Any public hearing on location and design or on design 
  6.21  alone of an interstate a route on the system of principal 
  6.22  arterial routes held in compliance with federal requirements 
  6.23  shall be held at least one month after submission to the 
  6.24  governing body of the report provided for in this subdivision 3. 
  6.25     Subd. 4.  [GOVERNING BODY ACTION.] After the public hearing 
  6.26  and on preparing final plans, the commissioner shall submit the 
  6.27  final plans to the governing body for approval.  If Within 90 
  6.28  days from the date the plans were submitted to it and after the 
  6.29  public hearing, if a hearing was required, the governing body 
  6.30  does not approve shall approve or disapprove, in writing, the 
  6.31  final preliminary plans within three months after submitted,. 
  6.32     (a) If the governing body approves the plans or does not 
  6.33  disapprove the plans in writing within 90 days, in which case 
  6.34  the plans are deemed to be approved, then the commissioner may 
  6.35  prepare substantially similar construction plans and proceed 
  6.36  with the project.  If the construction plans contain significant 
  7.1   changes from the preliminary plans approved by the governing 
  7.2   body, the commissioner shall resubmit the portion of the 
  7.3   construction plans where changes were made to the governing body 
  7.4   for approval or disapproval under this section. 
  7.5      (b) If the governing body disapproves the preliminary 
  7.6   plans, the commissioner may decide not to proceed with the 
  7.7   project or may refer the preliminary plans to the appropriate 
  7.8   advisory body (1) the Twin Cities Metropolitan Area Planning 
  7.9   Commission, if the project is within the area of its 
  7.10  jurisdiction, or (2) the municipal advisory committee on 
  7.11  state-aid rules established under section 162.09, subdivision 2, 
  7.12  if the project is elsewhere in the state.  If a member of the 
  7.13  advisory committee is from the municipality concerned that 
  7.14  member shall be excused.  If the plans are so referred. 
  7.15     Subd. 5.  [ADVISORY BODY.] Within 30 days after referral of 
  7.16  the preliminary plans, the commission or committee advisory body 
  7.17  shall give the commissioner and the governing body ample 
  7.18  opportunity to present the case for or against approval of 
  7.19  the preliminary plans so referred.  Not later than three months 
  7.20  after such hearings and independent study as it deems desirable, 
  7.21  it 120 days after referral of the plans, the advisory body shall 
  7.22  approve or disapprove such recommend approval, recommend 
  7.23  approval with modifications, or recommend disapproval of the 
  7.24  preliminary plans, making such additional recommendations 
  7.25  consistent with state and federal requirements as it deems 
  7.26  appropriate, and.  It shall submit a written report containing 
  7.27  its findings and recommendations to the commissioner and the 
  7.28  governing body. 
  7.29     Subd. 6.  [COMMISSIONER ACTION.] On receiving the advisory 
  7.30  body's recommendations and the written report, the commissioner 
  7.31  shall proceed as follows: 
  7.32     (a) If the advisory body recommends approval of the 
  7.33  preliminary plans, or does not recommend disapproval of the 
  7.34  plans, or does not submit the written report within the time 
  7.35  allowed, in which case the plans are deemed approved, then the 
  7.36  commissioner shall not proceed with the proposed construction, 
  8.1   reconstruction, or improvement except in accordance with plans 
  8.2   approved by the governing body or, if referred to the commission 
  8.3   or committee, until after the commission or committee has made 
  8.4   its report, and then only after the governing body has had an 
  8.5   additional 90 days within which to consider the plans originally 
  8.6   submitted or such modified plans as may be submitted to it by 
  8.7   the commissioner following the report of the commission or 
  8.8   committee. may prepare substantially similar construction plans 
  8.9   and proceed with the project.  If the construction plans contain 
  8.10  significant changes from the preliminary plans approved by the 
  8.11  advisory body, the commissioner shall resubmit the portion of 
  8.12  the construction plan where changes were made to the governing 
  8.13  body for its approval or disapproval under paragraph (b) and, if 
  8.14  the governing body disapproves the resubmitted plans, then refer 
  8.15  the modified plans to the advisory body under subdivision 5. 
  8.16     (b) If within such 90-day the 120-day period, the 
  8.17  governing body does not approve the plans submitted to it, and 
  8.18  if the commissioner then wishes to proceed with the project 
  8.19  according to plans differing substantially from the plans 
  8.20  recommended by the commission or committee in its report, the 
  8.21  commissioner shall, before proceeding with the project, file a 
  8.22  written report with the commission or committee and the 
  8.23  governing body stating fully the reasons for doing so.  Whenever 
  8.24  plans are referred to the Twin Cities Metropolitan Area Planning 
  8.25  Commission, the commission shall be reimbursed from the trunk 
  8.26  highway fund for actual and necessary expenses incurred by the 
  8.27  commission in staff work incident to consideration of plans and 
  8.28  action thereon by the commission.  Whenever plans are referred 
  8.29  to the advisory committee on rules, members of the committee 
  8.30  shall be paid their necessary expenses to the same extent and in 
  8.31  the same manner as for its duties in considering the 
  8.32  commissioner's rules. the advisory body recommends approval of 
  8.33  the preliminary plans with modifications, the commissioner may 
  8.34  either: 
  8.35     (1) prepare construction plans with the recommended 
  8.36  modifications, notify the governing body, and proceed with the 
  9.1   project; 
  9.2      (2) decide not to proceed with the project; or 
  9.3      (3) prepare construction plans substantially similar to the 
  9.4   preliminary plans referred to the advisory body, notify the 
  9.5   governing body and advisory body, and proceed with the project. 
  9.6   The commissioner shall, before proceeding with the project, file 
  9.7   a written report with the governing body and advisory body 
  9.8   stating fully the reasons for doing so.  
  9.9      (c) If within the 120-day period, the advisory body 
  9.10  recommends disapproval of the preliminary plans, the 
  9.11  commissioner may either: 
  9.12     (1) decide not to proceed with the project; or 
  9.13     (2) prepare construction plans substantially similar to the 
  9.14  preliminary plans referred to the advisory body, notify the 
  9.15  governing body and advisory body, and proceed with project 
  9.16  construction.  The commissioner shall, before proceeding with 
  9.17  the project, file a written report with the governing body and 
  9.18  advisory body stating fully the reasons for doing so.  
  9.19     (d) For informational purposes, the commissioner shall send 
  9.20  as complete a set of construction plans as is possible to any 
  9.21  directly affected municipality at least 45 days before bid 
  9.22  letting. 
  9.23     Sec. 6.  Minnesota Statutes 1996, section 161.172, is 
  9.24  amended to read: 
  9.25     161.172 [MUNICIPALITIES TO CONSENT SYSTEM OF NONPRINCIPAL 
  9.26  ROUTES; MUNICIPAL REVIEW.] 
  9.27     Except for routes on the interstate system, no governed 
  9.28  under section 161.17, a state trunk highway or any part thereof, 
  9.29  located within the corporate limits of any a municipality, shall 
  9.30  may be constructed or improved in the manner specified in this 
  9.31  section without only with the consent of the governing body 
  9.32  of such the municipality, unless the procedures prescribed by 
  9.33  sections 161.172 to 161.177 shall have been followed by the 
  9.34  commissioner of transportation.  
  9.35     The highway improvements requiring consent are limited to 
  9.36  those improvements which alter access, increase or reduce 
 10.1   highway traffic capacity or require acquisition of permanent 
 10.2   rights-of-way.  
 10.3      This section shall not limit the power of the commissioner 
 10.4   to regulate traffic or install traffic control devices or other 
 10.5   safety measures on trunk highways located within municipalities. 
 10.6      Nothing contained in this section shall be construed as in 
 10.7   any way limiting the commissioner's discretion to determine the 
 10.8   priority and programming of trunk highway construction. 
 10.9      Sec. 7.  Minnesota Statutes 1996, section 161.173, is 
 10.10  amended to read: 
 10.11     161.173 [SUBMISSION OF CORRIDOR PROPOSAL PRELIMINARY PLANS; 
 10.12  NOTICE AND HEARING; MUNICIPAL DECISION.] 
 10.13     Subdivision 1.  [REPORT SUBMITTED.] (a) Before proceeding 
 10.14  with plans for the construction of a trunk highway, the 
 10.15  commissioner shall submit a report containing the preliminary 
 10.16  plans and supporting data to the governing body of each 
 10.17  municipality wherein a trunk the highway is proposed to or will 
 10.18  be constructed or improved, and to the governing body of each 
 10.19  municipality adjacent to any such municipality, a located.  The 
 10.20  report containing shall contain: 
 10.21     (1) a statement of the need for this proposed construction 
 10.22  or improvement,; 
 10.23     (2) a description of alternate alternative routes which 
 10.24  were, if any, considered by the commissioner and an explanation 
 10.25  of the advantages and disadvantages in the selection of any 
 10.26  route considered.  The report shall also contain; 
 10.27     for each alternate, the following information: general 
 10.28  alignment and profile, approximate points of access, highway 
 10.29  classification, an approximate cost estimate, relation to 
 10.30  existing and planned regional and local development and to other 
 10.31  transportation routes and facilities, and a statement of the 
 10.32  expected general effect on present and future use of the 
 10.33  property within the corridor 
 10.34     (3) the preliminary plan prepared for the highway 
 10.35  construction; 
 10.36     (4) a tentative schedule for right-of-way acquisition, if 
 11.1   known; and 
 11.2      (5) the estimated cost of the construction. 
 11.3      (b) Where a state trunk highway is proposed to be 
 11.4   constructed or improved within the a metropolitan planning area, 
 11.5   a an informational copy of the report shall may also be 
 11.6   submitted to the metropolitan council appropriate metropolitan 
 11.7   planning organization (MPO).  
 11.8      In all areas of the state a copy of the report shall be 
 11.9   sent to established regional, county and municipal planning 
 11.10  commissions in the area affected by the highway project. 
 11.11     Subd. 2.  [NOTICE.] Not less than 45 nor more than 90 days, 
 11.12  or as otherwise mutually agreed, after the commissioner submits 
 11.13  the report has been submitted to the governing body, if required 
 11.14  by section 161.168, subdivision 2, the commissioner shall hold a 
 11.15  public hearing on the proposed highway construction or 
 11.16  improvement at such a time and place within any municipality 
 11.17  wherein a portion of the proposed construction or improvement is 
 11.18  located, as the commissioner shall determine.  Not less than 30 
 11.19  days before the hearing the commissioner shall mail notice 
 11.20  thereof to the governing body of each municipality or agency 
 11.21  entitled to receive a copy of the report, and.  The commissioner 
 11.22  shall cause notice of the hearing to be published at least once 
 11.23  each week for two successive weeks publish notice of the hearing 
 11.24  at least 30 days before the hearing date and shall publish a 
 11.25  second notice at least five days before the hearing date in a 
 11.26  newspaper or newspapers having general circulation in such the 
 11.27  affected municipalities, the second publication to be not less 
 11.28  than five days before the date of the hearing.  The notice shall 
 11.29  state the date, time, place and purpose of the hearing, shall 
 11.30  describe the proposed or actual general location of the highway 
 11.31  to be constructed or improved, and shall state where the report 
 11.32  may be inspected prior to the hearing by any interested person.  
 11.33     Subd. 3.  [HEARING.] The hearing shall be conducted by the 
 11.34  commissioner or the commissioner's designee, and shall be 
 11.35  transcribed and a record thereof mailed to each municipality or 
 11.36  agency entitled to receive a copy of the report.  All interested 
 12.1   persons shall be permitted to present their views on the 
 12.2   proposed highway construction or improvement.  The hearing may 
 12.3   be continued as often as necessary, as determined by the 
 12.4   commissioner or commissioner's designee.  
 12.5      Subd. 4.  [APPROVAL OR DISAPPROVAL.] Within 120 days after 
 12.6   the hearing is completed commissioner submits the preliminary 
 12.7   plan and supporting data to each affected municipality, the 
 12.8   governing body of each municipality or agency entitled to 
 12.9   receive a copy of the report shall submit in writing to the 
 12.10  commissioner its approval, its approval with modifications, or 
 12.11  its disapproval of the report, and shall state the reasons for 
 12.12  each.  If all or any part of the report is disapproved, the 
 12.13  municipality or agency shall state the reasons for such 
 12.14  disapproval and suggested changes in the report.  If an affected 
 12.15  municipality does not respond in writing within 120 days after 
 12.16  the report was submitted to it, the report is deemed to be 
 12.17  approved by that municipality.  On receiving a municipality's 
 12.18  determination, the commissioner shall, before preparing 
 12.19  additional plans for the proposed highway construction or 
 12.20  improvement, submit to the governing body of each municipality 
 12.21  or agency disapproving the report, a statement accepting or 
 12.22  rejecting any suggested changes and the reasons for acceptance 
 12.23  or rejection respond as provided in section 161.174. 
 12.24     Sec. 8.  Minnesota Statutes 1996, section 161.174, is 
 12.25  amended to read: 
 12.26     161.174 [SUBMISSION OF LAYOUT PLANS COMMISSIONER'S 
 12.27  DETERMINATION.] 
 12.28     The commissioner shall submit to the governing body of each 
 12.29  municipality wherein a highway is proposed to be constructed or 
 12.30  improved, a proposed layout plan for the highway construction or 
 12.31  improvement containing:  the proposed location, elevation, width 
 12.32  and geometrics of the construction or improvement, together with 
 12.33  a statement of the reasons therefor.  Said plan shall also 
 12.34  contain:  approximate right-of-way limits; a tentative schedule 
 12.35  for right-of-way acquisition, if known; proposed access points; 
 12.36  frontage roads; separation structures and interchanges; location 
 13.1   of utilities, when known; landscaping, illumination, a tentative 
 13.2   construction schedule, if known; and the estimated cost of the 
 13.3   construction or improvement.  The commissioner shall submit more 
 13.4   than one layout plan.  Each such plan shall also be submitted to 
 13.5   the metropolitan council if any portion of the proposed highway 
 13.6   construction or improvement is located in the metropolitan 
 13.7   area.  In all areas of the state a copy of the layout plan shall 
 13.8   be sent to established regional, county and municipal planning 
 13.9   commissions in the area affected by the highway project.  Not 
 13.10  less than 90 nor more than 120 days after said plan has been 
 13.11  submitted, the commissioner shall hold a public hearing on the 
 13.12  proposed highway construction or improvement at such time and 
 13.13  place within any municipality wherein a portion of the 
 13.14  construction or improvement is located, as the commissioner 
 13.15  shall determine.  The hearing shall be noticed, held and 
 13.16  conducted in the manner provided in section 161.173, except that 
 13.17  the commissioner shall mail notice of the hearing only to those 
 13.18  municipalities and agencies entitled to receive a copy of the 
 13.19  layout plan.  The hearing shall be transcribed and a record 
 13.20  thereof made available to each municipality or agency entitled 
 13.21  to receive a copy of said plan.  Within 180 days after the 
 13.22  hearing is completed, the commissioner shall formally adopt a 
 13.23  layout plan.  A copy of the layout plan as adopted shall be 
 13.24  submitted to each municipality or agency entitled to receive a 
 13.25  copy of the proposed plan, together with the reasons for any 
 13.26  change in the plan as presented at the hearing.  Within 120 days 
 13.27  after the receipt of the adopted layout plan, each such 
 13.28  municipality or agency shall submit to the commissioner its 
 13.29  approval or disapproval of the layout plan and the reasons for 
 13.30  such disapproval, and proposed alternatives, which may include a 
 13.31  recommendation of no highway.  Such alternatives submitted by a 
 13.32  municipality located within the metropolitan area shall, upon 
 13.33  request of the municipality, be reviewed by the metropolitan 
 13.34  council in order to determine whether such alternatives are 
 13.35  likely to meet minimum federal requirements.  The metropolitan 
 13.36  council is authorized to provide whatever assistance it deems 
 14.1   advisable to the submitting municipality in order to assist it 
 14.2   in arriving at an alternative which meets minimum federal 
 14.3   requirements.  
 14.4      Subdivision 1.  [WHEN MUNICIPALITY APPROVES PLAN.] If said 
 14.5   the preliminary plan or any part thereof is not disapproved 
 14.6   within such period approved, the commissioner may proceed to 
 14.7   prepare final substantially similar construction plans and 
 14.8   specifications for the highway construction or improvement 
 14.9   consistent with the adopted layout plan, and may acquire the 
 14.10  necessary right-of-way in that municipality.  
 14.11     Subd. 2.  [WHEN MUNICIPALITY DISAPPROVES PLAN.] If 
 14.12  the layout preliminary plan or any part thereof is disapproved 
 14.13  by any a municipality or agency, and the commissioner determines 
 14.14  to proceed with the plan without modifications, the commissioner 
 14.15  shall proceed in the manner may: 
 14.16     (1) decide not to proceed with the project; or 
 14.17     (2) appeal the municipality's decision as provided in 
 14.18  section 161.175 161.176.  On determining to proceed with the 
 14.19  plan 
 14.20     Subd. 3.  [MUNICIPALITY APPROVES PLAN WITH 
 14.21  MODIFICATIONS.] (a) If the municipality approves the plan with 
 14.22  modifications, the commissioner may: 
 14.23     (1) decide not to proceed with the project; 
 14.24     (2) appeal the governing body's decision as provided in 
 14.25  section 161.176; or 
 14.26     (3) prepare a preliminary plan with modifications, the 
 14.27  commissioner shall proposed by the governing body and submit the 
 14.28  modified layout plan to the municipalities and agencies entitled 
 14.29  to receive the original layout plan in the manner described 
 14.30  above, for approval or disapproval by each such municipality or 
 14.31  agency municipality, which must approve or disapprove the 
 14.32  modified plan within 60 30 days after receipt of the 
 14.33  modified layout plan.  
 14.34     (b) If the modified layout plan or any part thereof is not 
 14.35  disapproved approved by any the municipality or agency, or 
 14.36  is not disapproved in writing within 60 30 days after its 
 15.1   receipt submission, in which case the plan is deemed approved by 
 15.2   that municipality, the commissioner may proceed to prepare final 
 15.3   construction plans and specifications consistent with the 
 15.4   modified layout preliminary plan, and may acquire the necessary 
 15.5   right-of-way.  
 15.6      (c) If the modified plan is disapproved by any the 
 15.7   municipality and the commissioner determines to proceed 
 15.8   with either the original preliminary plan or the modified 
 15.9   preliminary plan without additional modification, the 
 15.10  commissioner shall proceed in the manner provided in section 
 15.11  161.175 161.176.  
 15.12     If the layout plan is disapproved, either as originally 
 15.13  submitted or as modified, and the commissioner does not act 
 15.14  pursuant to section 161.175, within one year from the date of 
 15.15  the completion of the hearing, any objecting municipality 
 15.16  entitled to receive a copy of the layout plan by virtue of this 
 15.17  section may invoke the appellate procedure pursuant to section 
 15.18  161.175, in the same manner as the same might be invoked by the 
 15.19  commissioner.  In the event the appellate procedure is invoked 
 15.20  by either the commissioner or the municipality, the commissioner 
 15.21  shall hold a public hearing prior to the appointment of an 
 15.22  appeal board.  Such hearing shall be limited to the proposed 
 15.23  alternative layout plans. 
 15.24     Subd. 4.  [RESUBMISSION OF PLAN CHANGES.] If the 
 15.25  commissioner prepares a construction plan differing 
 15.26  substantially from the preliminary plan approved by the appeal 
 15.27  board, the commissioner shall resubmit those changed portions of 
 15.28  the construction plan to each affected municipality under 
 15.29  section 161.173.  The municipality must approve or disapprove 
 15.30  the construction plan changes submitted to it by the 
 15.31  commissioner within 60 days from the day of submission.  If the 
 15.32  municipality does not respond in writing to the commissioner in 
 15.33  60 days, the plan is deemed approved. 
 15.34     Sec. 9.  Minnesota Statutes 1996, section 161.176, is 
 15.35  amended to read: 
 15.36     161.176 [POWERS OF APPEAL BOARD.] 
 16.1      Subdivision 1.  [DETERMINING APPEAL BOARD.] If the 
 16.2   governing body disapproves the preliminary plans, or if the 
 16.3   governing body approves the plans with modifications 
 16.4   unacceptable to the commissioner, the commissioner may refer the 
 16.5   preliminary plans and supporting data to the appropriate appeal 
 16.6   board.  If a member of the advisory committee on state-aid rules 
 16.7   or if a member of the policy board of the MPO is from the 
 16.8   municipality concerned, that member shall be excused.  
 16.9      Subd. 1a.  [HEARING.] Within 30 days after the commissioner 
 16.10  refers the preliminary plans and supporting data to it, the 
 16.11  highway appeal board shall, on notice to the commissioner and 
 16.12  the each affected municipalities municipality, hold an appeal 
 16.13  hearing on the entire highway layout the preliminary plan as 
 16.14  proposed or modified by the commissioner, and alternates 
 16.15  consistent with minimum federal requirements that are presented 
 16.16  by the disapproving municipalities.  At the hearing the appeal 
 16.17  board shall give the commissioner and the governing body ample 
 16.18  opportunity to present the case for or against approval of a 
 16.19  preliminary plan or preliminary plan with modifications.  The 
 16.20  board shall take into consideration all aspects of the proposal 
 16.21  including preliminary plan or modified preliminary plan and 
 16.22  supporting data.  The board may also consider highway design, 
 16.23  economic development, aesthetics, urban and rural planning, 
 16.24  agriculture, transportation planning, and all other factors 
 16.25  concerning highways.  After considering all the evidence in the 
 16.26  record, the appeal board shall issue an order approving the 
 16.27  commissioner's proposed highway layout plan or one of the 
 16.28  alternatives.  The appeal board shall be limited in its ruling 
 16.29  to any previously submitted layout plan of the commissioner or 
 16.30  an alternate presented by the community in response to the 
 16.31  commissioner.  A copy of the order and a memorandum setting 
 16.32  forth the reasons therefor shall be filed with the secretary of 
 16.33  state, and shall be mailed to the commissioner and each 
 16.34  municipality or agency entitled to receive notice of the layout 
 16.35  hearing. If the cost is not substantially in excess of the 
 16.36  programmed estimates for projects included in the commissioner's 
 17.1   current construction program the commissioner shall construct 
 17.2   the plan approved by the board in accordance with the original 
 17.3   program schedule.  
 17.4      Subd. 2.  [INVESTIGATORY POWERS HEARING RECORD.] The chair 
 17.5   of the board, or any member thereof, shall have the power to 
 17.6   subpoena witnesses; to administer oaths, and to compel the 
 17.7   production of books, records, and other evidence.  The rules of 
 17.8   evidence and procedure for the trial of civil matters shall 
 17.9   apply, but such rules may be modified by the board when it is 
 17.10  deemed necessary. All evidence, including records and documents 
 17.11  in the possession of the board of which it desires to avail 
 17.12  itself, shall be offered and made a part of the record in the 
 17.13  proceeding, and no other factual information or evidence shall 
 17.14  be considered in the determination of the matter.  Documentary 
 17.15  evidence may be received in the form of copies or excerpts, or 
 17.16  by incorporation by reference.  The board shall cause a record 
 17.17  of all proceedings before it to be made and filed with the chair 
 17.18  of the board.  Copies thereof shall be made available upon such 
 17.19  terms and conditions as the board shall prescribe.  
 17.20     Subd. 2a.  [BOARD ORDER; COMMISSIONER'S RESPONSE.] (a) 
 17.21  After considering all the evidence in the record and within 120 
 17.22  days after the preliminary plans or modified preliminary plans 
 17.23  were submitted to the board, the appeal board shall issue an 
 17.24  order approving, approving with modifications, or disapproving 
 17.25  the commissioner's original preliminary plan and any modified 
 17.26  preliminary plan prepared by the commissioner.  A copy of the 
 17.27  order and a report setting forth the reasons therefor shall be 
 17.28  mailed to the commissioner and each municipality entitled to 
 17.29  receive notice of the appeal hearing.  If the cost is not 
 17.30  substantially in excess of the programmed estimates for projects 
 17.31  included in the commissioner's current construction program and 
 17.32  is consistent with state and federal design guidelines, the 
 17.33  commissioner may construct the plan approved by the board.  If 
 17.34  the appeal board does not submit the order and report within 120 
 17.35  days after the plans were submitted to it, the original and 
 17.36  modified preliminary plans are deemed to be approved and the 
 18.1   commissioner shall proceed pursuant to paragraph (b).  On 
 18.2   receiving the appeal board's order and written report within the 
 18.3   time allowed, the commissioner shall proceed pursuant to 
 18.4   paragraphs (b) to (d). 
 18.5      (b) If the appeal board approves a preliminary plan, the 
 18.6   commissioner may prepare substantially similar construction 
 18.7   plans and proceed with the project and notify each affected 
 18.8   governing body.  If the commissioner prepares a construction 
 18.9   plan differing substantially from the preliminary plan approved 
 18.10  by the appeal board, the commissioner shall resubmit those 
 18.11  changed portions of the construction plan to each affected 
 18.12  municipality under section 161.173.  The municipality must 
 18.13  approve or disapprove the construction plan changes submitted to 
 18.14  it by the commissioner within 60 days from the day of 
 18.15  submission.  If the municipality does not respond in writing to 
 18.16  the commissioner in 60 days, the plan is deemed approved. 
 18.17     (c) If the appeal board approves a plan with modifications, 
 18.18  the commissioner may: 
 18.19     (1) prepare construction plans including the modifications, 
 18.20  notify the governing body, and resubmit the modified plan with 
 18.21  supporting data to the appeal board for approval and, if 
 18.22  approved, proceed with the project; 
 18.23     (2) decide not to proceed with the project; or 
 18.24     (3) prepare a new preliminary plan and resubmit the plan to 
 18.25  each affected municipality under section 161.173. 
 18.26     (d) If the appeal board disapproves the original 
 18.27  preliminary plan and each modified preliminary plan, the 
 18.28  commissioner may: 
 18.29     (1) decide not to proceed with the project; or 
 18.30     (2) prepare a new preliminary plan and resubmit the plan to 
 18.31  each affected municipality under section 161.173. 
 18.32     Subd. 3.  [COMPENSATION; REIMBURSEMENT OF EXPENSES.] 
 18.33  Members of the highway appeal board shall receive per diem 
 18.34  compensation in the amount of $100 for the time spent in 
 18.35  disposing of matters presented to the board.  Board members 
 18.36  shall be reimbursed for all reasonable expenses incurred by them 
 19.1   in the performance of their duties including all costs incurred 
 19.2   in connection with any hearing.  
 19.3      Subd. 4.  [EXPENSES OF PARTIES.] Each party to the appeal 
 19.4   shall submit to the appeal board an itemized list of the 
 19.5   expenses incurred in preparing its layout plan and presenting 
 19.6   the appeal.  The appeal board may determine what portion, if 
 19.7   any, of a municipality's expenses incurred for the services and 
 19.8   disbursements of persons not regularly employed by the 
 19.9   municipality will be reimbursed from the trunk highway fund.  
 19.10     Sec. 10.  Minnesota Statutes 1996, section 161.177, is 
 19.11  amended to read: 
 19.12     161.177 [CONSTRUCTION PLANS AND SPECIFICATIONS.] 
 19.13     Subdivision 1.  [PLANS RESUBMITTED.] Not less than 120 60 
 19.14  days before the date specified by the commissioner for the 
 19.15  receipt of construction bids for the construction or improvement 
 19.16  of any state trunk highway within any municipality, the 
 19.17  commissioner shall submit to the governing body of each 
 19.18  municipality or agency entitled to receive a copy of the layout 
 19.19  plan therefor under section 161.174, a copy of as complete a set 
 19.20  of construction plans as is possible which that will be issued 
 19.21  to prospective bidders.  All such Those plans shall must be in 
 19.22  accordance with the highway construction or improvement 
 19.23  layout preliminary plan as approved under section 161.174, or 
 19.24  section 161.176. 
 19.25     Subd. 2.  [PLANS WITH SUBSTANTIAL CHANGES.] If the 
 19.26  construction plans are not in accordance agreement with the 
 19.27  layout plan as approved, the governing body of any 
 19.28  municipality or agency entitled to receive notice of the hearing 
 19.29  under section 161.174 where substantial changes have been made 
 19.30  from the preliminary plan to the construction plan, may, 
 19.31  within 60 30 days after the receipt of such the 
 19.32  construction plans, may plan, disapprove the plan in writing to 
 19.33  the commissioner or request the establishment of a highway 
 19.34  appeal board as provided in section 161.175, and that the 
 19.35  highway appropriate appeal board shall approve review the plans 
 19.36  following the procedures outlined in that section, except that 
 20.1   action and comment 161.176. 
 20.2      Subd. 3.  [LIMITED APPEAL BOARD REVIEW.] The appeal board 
 20.3   review is limited to changes from or additions to the layout 
 20.4   preliminary plan that alter access, increase or reduce highway 
 20.5   traffic capacity, or require acquisition of permanent 
 20.6   rights-of-way.  Changes in design capacity required to 
 20.7   accommodate increased traffic forecasts shall are not be 
 20.8   considered deviations from the layout preliminary plan.  A copy 
 20.9   of any plans prepared to affect any highway construction or 
 20.10  improvement plan previously approved by the highway appeal 
 20.11  board, shall also be sent to the chair of the board. 
 20.12     Subd. 4.  [SUBSEQUENT CONSTRUCTION PLANS; REVIEW.] If the 
 20.13  construction plans are not in accordance substantial agreement 
 20.14  with the layout preliminary plan approved by the board under 
 20.15  section 161.176, the board, within 60 30 days after the receipt 
 20.16  of such the plans, shall issue its order directing the 
 20.17  commissioner to withhold any advertisement for construction bids 
 20.18  withdraw the plans from the bid letting until the plans are 
 20.19  revised to comply with the plan approved order issued by the 
 20.20  board, or are approved by the board may issue an order approving 
 20.21  the plans, approving the plans with modifications, or 
 20.22  disapproving the construction plans.  If no municipality or 
 20.23  agency requests the establishment of a highway appeal board, or 
 20.24  the highway appeal board does not issue its order within 30 days 
 20.25  of receiving a request for review from a municipality, as 
 20.26  provided above, the commissioner may proceed to advertise for 
 20.27  construction bids award the project for construction. 
 20.28     Sec. 11.  Minnesota Statutes 1996, section 174.03, 
 20.29  subdivision 1a, is amended to read: 
 20.30     Subd. 1a.  [REVISION OF STATE TRANSPORTATION PLAN.] The 
 20.31  commissioner shall revise the state transportation plan by 
 20.32  January 1, 1996, and by January 1 of each odd-numbered every 
 20.33  fourth year thereafter.  Before final adoption of a revised 
 20.34  plan, the commissioner shall hold a hearing to receive public 
 20.35  comment on the plan.  The revised state transportation plan must:
 20.36     (1) incorporate the goals of the state transportation 
 21.1   system in section 174.01; and 
 21.2      (2) establish objectives, policies, and strategies for 
 21.3   achieving those goals.  
 21.4      Sec. 12.  Minnesota Statutes 1996, section 174.03, 
 21.5   subdivision 2, is amended to read: 
 21.6      Subd. 2.  [IMPLEMENTATION OF PLAN.] After the adoption and 
 21.7   each revision of the statewide transportation plan, the 
 21.8   commissioner and the transportation regulation board shall take 
 21.9   no action inconsistent with the revised plan. 
 21.10     Sec. 13.  Laws 1995, chapter 265, article 2, section 2, 
 21.11  subdivision 7, is amended to read: 
 21.12  Subd. 7.  State Road Construction    516,960,000    515,986,000
 21.13  The amounts that may be spent from this 
 21.14  appropriation for each activity are as 
 21.15  follows:  
 21.16  (a) State Road Construction 
 21.17     376,463,000    377,763,000
 21.18  It is estimated that the appropriation 
 21.19  from the trunk highway fund will be 
 21.20  funded as follows:  
 21.21  Federal Highway Aid 
 21.22     205,000,000    205,000,000
 21.23  Highway User Taxes 
 21.24     171,463,000    172,763,000
 21.25  The commissioner of transportation 
 21.26  shall notify the chair of the committee 
 21.27  on finance of the senate and chair of 
 21.28  the committee on ways and means of the 
 21.29  house of representatives quarterly of 
 21.30  any events that should cause these 
 21.31  estimates to change. 
 21.32  This appropriation is for the actual 
 21.33  construction, reconstruction, and 
 21.34  improvement of trunk highways.  This 
 21.35  includes the cost of actual payment to 
 21.36  landowners for lands acquired for 
 21.37  highway right-of-way, payment to 
 21.38  lessees, interest subsidies, and 
 21.39  relocation expenses.  
 21.40  The commissioner of transportation may 
 21.41  receive monies covering other shares of 
 21.42  the cost of partnership projects.  
 21.43  These receipts are appropriated to the 
 21.44  commissioner for these projects. 
 21.45  Before proceeding with a project, or a 
 21.46  series of projects on a single highway, 
 21.47  with a cost exceeding $10,000,000, the 
 21.48  commissioner shall consider the 
 22.1   feasibility of alternative means of 
 22.2   financing the project or series of 
 22.3   projects, including but not limited to 
 22.4   congestion pricing, tolls, mileage 
 22.5   pricing, and public-private partnership.
 22.6   (b) Highway Debt Service 
 22.7       21,728,000     19,602,000
 22.8   $11,948,000 the first year and 
 22.9   $7,641,000 the second year are for 
 22.10  transfer to the state bond fund. 
 22.11  If this appropriation is insufficient 
 22.12  to make all transfers required in the 
 22.13  year for which it is made, the 
 22.14  commissioner of finance shall notify 
 22.15  the committee on finance of the senate 
 22.16  and the committee on ways and means of 
 22.17  the house of representatives of the 
 22.18  amount of the deficiency and shall then 
 22.19  transfer that amount under the 
 22.20  statutory open appropriation.  
 22.21  Any excess appropriation must be 
 22.22  canceled to the trunk highway fund. 
 22.23  (c) Research and Investment Management 
 22.24      10,388,000     10,390,000
 22.25  $444,000 the first year and $444,000 
 22.26  the second year are available for 
 22.27  grants for transportation studies 
 22.28  outside the metropolitan area for 
 22.29  transportation studies to identify 
 22.30  critical concerns, problems, and 
 22.31  issues.  These grants are available to 
 22.32  (1) regional development commissions, 
 22.33  and (2) in regions where no regional 
 22.34  development commission is functioning, 
 22.35  joint-powers boards established under 
 22.36  agreement of two or more political 
 22.37  subdivisions in the region to exercise 
 22.38  the planning functions of a regional 
 22.39  development commission, and (3) in 
 22.40  regions where no regional development 
 22.41  commission or joint powers board is 
 22.42  functioning, the department's district 
 22.43  office for that region. 
 22.44  $180,000 the first year and $180,000 
 22.45  the second year are available for 
 22.46  grants to metropolitan planning 
 22.47  organizations outside the seven-county 
 22.48  metropolitan area. 
 22.49  $75,000 the first year and $75,000 the 
 22.50  second year are for a transportation 
 22.51  research contingent account to finance 
 22.52  research projects that are reimbursable 
 22.53  from the federal government or from 
 22.54  other sources.  If the appropriation 
 22.55  for either year is insufficient, the 
 22.56  appropriation for the other year is 
 22.57  available for it. 
 22.58  (d) Design Engineering
 22.59      52,981,000     52,981,000
 23.1   Of these appropriations, $2,190,000 the 
 23.2   first year and $2,190,000 the second 
 23.3   year are for scientific equipment.  If 
 23.4   the appropriation for either year is 
 23.5   insufficient, the appropriation for the 
 23.6   other year is available for it. 
 23.7   The commissioner, in cooperation with 
 23.8   the tribal council, shall determine 
 23.9   those portions of trunk highway 61 
 23.10  right-of-way lying within the 
 23.11  boundaries of the Grand Portage Indian 
 23.12  Reservation that are no longer needed 
 23.13  for trunk highway purposes.  This 
 23.14  determination shall be made according 
 23.15  to criteria developed by the 
 23.16  commissioner in consultation with the 
 23.17  tribal council.  Following the 
 23.18  completion of this project the 
 23.19  commissioner may, pursuant to Minnesota 
 23.20  Statutes, section 161.43, relinquish 
 23.21  and quit claim to the Grand Portage 
 23.22  Band where it is the fee owner, or to 
 23.23  the United States where it holds the 
 23.24  fee in trust for the Grand Portage 
 23.25  Band, any easement or portion of an 
 23.26  easement that has been determined to be 
 23.27  no longer needed by the transportation 
 23.28  department for trunk highway purposes.  
 23.29  For the purposes of section 161.43, the 
 23.30  tribal council shall be treated in the 
 23.31  same manner as if it were a political 
 23.32  subdivision of the state, provided that 
 23.33  the matching funds contributed by the 
 23.34  tribal council to the surveying and 
 23.35  mapping project described above shall 
 23.36  be considered full compensation for the 
 23.37  relinquishment and quit claim of any 
 23.38  easements or portions of any easements 
 23.39  over tribal or tribal trust lands. 
 23.40  (e) Construction Engineering
 23.41      55,400,000     55,250,000
 23.42     Sec. 14.  [INSTRUCTION TO REVISOR.] 
 23.43     The revisor of statutes shall delete "161.171" and insert 
 23.44  "161.172" in Minnesota Statutes, section 160.85, subdivision 3, 
 23.45  and shall delete "161.171 et seq" and insert "161.172 to 
 23.46  161.177" in Minnesota Statutes, section 473.181, subdivision 1. 
 23.47     Sec. 15.  [REPEALER.] 
 23.48     Minnesota Statutes 1996, sections 161.171; and 161.175, are 
 23.49  repealed. 
 23.50     Sec. 16.  [EFFECTIVE DATE.] 
 23.51     Section 13 is effective the day following final enactment.