HF 457

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; authorizing advance 
  1.3             payment when required by federal government for 
  1.4             transportation project; providing for payment for 
  1.5             costs of certain culverts when abutting landowner is a 
  1.6             road authority; removing and transferring jurisdiction 
  1.7             of certain highways; requiring owners of certain 
  1.8             bridges to inventory and regularly inspect their 
  1.9             bridges; clarifying inspection requirement for toll 
  1.10            and other bridges; providing for contingent 
  1.11            appropriation to commissioner of transportation under 
  1.12            certain circumstances; changing and repealing statutes 
  1.13            regulating railroads to conform to federal law and 
  1.14            federal preemption of certain regulated practices; 
  1.15            transferring remaining duties and powers relating to 
  1.16            regulating railroads from transportation regulation 
  1.17            board to commissioner of transportation; modifying 
  1.18            contractor bond requirements for transportation 
  1.19            projects costing less than $75,000 or relating to the 
  1.20            installation of certain capital equipment; extending 
  1.21            procurement pilot project for department of 
  1.22            transportation; authorizing conveyance of certain 
  1.23            tax-forfeited and acquired land that borders public 
  1.24            water or natural wetlands in Hennepin county; making 
  1.25            technical changes; amending Minnesota Statutes 1996, 
  1.26            sections 160.18, subdivision 1; 161.115, subdivisions 
  1.27            38 and 87; 165.03; 174A.06; 218.031, subdivision 2; 
  1.28            218.041, subdivisions 4 and 6; 219.074, subdivision 2; 
  1.29            219.384, subdivision 2; 219.98; and 574.26, 
  1.30            subdivision 1a; Laws 1995, chapter 248, article 13, 
  1.31            section 4, subdivision 2; proposing coding for new law 
  1.32            in Minnesota Statutes, chapters 16B; and 174; 
  1.33            repealing Minnesota Statutes 1996, sections 161.115, 
  1.34            subdivision 57; 218.021; 218.025; 218.031, 
  1.35            subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 
  1.36            subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 
  1.37            and 2; 219.558; 219.559; 219.56; and 219.97, 
  1.38            subdivision 6.  
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40     Section 1.  [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 
  1.41  CONTRACTS.] 
  1.42     Notwithstanding section 16B.17 or other law to the 
  2.1   contrary, the commissioner of transportation may, when required 
  2.2   by a federal agency entering into an intergovernmental contract, 
  2.3   negotiate contract terms providing for full or partial 
  2.4   prepayment to the federal agency before work is performed or 
  2.5   services are provided. 
  2.6      Sec. 2.  Minnesota Statutes 1996, section 160.18, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  [CULVERT ON EXISTING HIGHWAYS.] Except when 
  2.9   the easement of access has been acquired, the a road authorities 
  2.10  authority, other than town boards and county boards, as to 
  2.11  highways a highway already established and constructed shall 
  2.12  furnish one substantial culvert to an abutting owner in cases 
  2.13  where the culvert is necessary for, may grant by permit a 
  2.14  suitable approach to such the highway.  A town board shall 
  2.15  furnish one substantial culvert to an abutting owner in cases 
  2.16  where the culvert is necessary for suitable approach to a town 
  2.17  road, provided that at any annual town meeting the electors of 
  2.18  any town may by resolution authorize the town board to require 
  2.19  that all or part of the costs of the furnishing of all culverts 
  2.20  on the town roads of such town be paid by the abutting owner.  A 
  2.21  county board, by resolution, shall, before furnishing any 
  2.22  culverts after August 1, 1975, establish The requesting abutting 
  2.23  property owner shall pay for the cost and installation of any 
  2.24  required culverts unless a road authority, other than the 
  2.25  commissioner, adopts by resolution a policy for the furnishing 
  2.26  of a culvert to an abutting owner when a culvert is necessary 
  2.27  for suitable approach to a county and state-aid road, and such.  
  2.28  The policy may include provisions for the payment of all or part 
  2.29  of the costs of furnishing such culverts the culvert by the 
  2.30  abutting landowner. 
  2.31     Sec. 3.  Minnesota Statutes 1996, section 161.115, 
  2.32  subdivision 38, is amended to read: 
  2.33     Subd. 38.  [ROUTE NO. 107.] Beginning at the terminus of 
  2.34  Route No. 10 on the westerly limits on the city of Minneapolis, 
  2.35  thence extending in an easterly direction to a point on Route 
  2.36  No. 104 as herein established at or near Washington Avenue in 
  3.1   the city of Minneapolis. 
  3.2      Sec. 4.  Minnesota Statutes 1996, section 161.115, 
  3.3   subdivision 87, is amended to read: 
  3.4      Subd. 87.  [ROUTE NO. 156.] Beginning at a point on Route 
  3.5   No. 394 105 in the city of Minneapolis and extending in a 
  3.6   northerly and westerly direction to a point on Route No. 62 
  3.7   easterly of the Great Northern Railway at or near the city of 
  3.8   Coon Rapids. 
  3.9      Sec. 5.  Minnesota Statutes 1996, section 165.03, is 
  3.10  amended to read: 
  3.11     165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 
  3.12     Subdivision 1.  [STANDARDS GENERALLY.] Each bridge, 
  3.13  including a privately owned bridge, must conform to the 
  3.14  strength, width, clearance, and safety standards imposed by the 
  3.15  commissioner for the connecting highway or street.  This 
  3.16  subdivision applies to a bridge that is constructed after August 
  3.17  1, 1989, on any public highway or street.  The bridge must have 
  3.18  sufficient strength to support with safety the maximum vehicle 
  3.19  weights allowed under section 169.825 and must have the minimum 
  3.20  width specified in section 165.04, subdivision 3. 
  3.21     Subd. 2.  [INSPECTION AND INVENTORY RESPONSIBILITIES; 
  3.22  RULES; FORMS.] The commissioner of transportation shall adopt 
  3.23  official inventory and bridge inspection report forms for use in 
  3.24  making bridge inspections by the owners or highway authorities 
  3.25  specified by this subdivision.  Bridge inspections shall be made 
  3.26  at regular intervals, not to exceed two years, by the following 
  3.27  officials owner or official: 
  3.28     (a) The commissioner of transportation for all bridges 
  3.29  located wholly or partially within or over the right-of-way of a 
  3.30  state trunk highway. 
  3.31     (b) The county highway engineer for all bridges located 
  3.32  wholly or partially within or over the right-of-way of any 
  3.33  county or township road, or any street within a municipality 
  3.34  which does not have a city engineer regularly employed. 
  3.35     (c) The city engineer for all bridges located wholly or 
  3.36  partially within or over the right-of-way of any street located 
  4.1   within or along municipal limits. 
  4.2      (d) The commissioner of transportation in case of a toll 
  4.3   bridge that is used by the general public and that is not 
  4.4   inspected and certified under subdivision 6; provided, that the 
  4.5   commissioner of transportation may assess the owner for the 
  4.6   costs of such inspection. 
  4.7      (e) The owner of a bridge over a public highway or street 
  4.8   or that carries a roadway designated for public use by a public 
  4.9   authority, if not required to be inventoried and inspected under 
  4.10  paragraph (a), (b), (c), or (d). 
  4.11     The commissioner of transportation shall prescribe the 
  4.12  standards for bridge inspection and inventory by rules.  The 
  4.13  specified owner or highway authorities authority shall inspect 
  4.14  and inventory in accordance with these standards and furnish the 
  4.15  commissioner with such data as may be necessary to maintain a 
  4.16  central inventory. 
  4.17     Subd. 3.  [COUNTY INVENTORY AND INSPECTION RECORDS AND 
  4.18  REPORTS.] The county engineer shall maintain a complete 
  4.19  inventory record of all bridges as set forth in subdivision 2, 
  4.20  paragraph (b), with the inspection reports thereof, and shall 
  4.21  certify annually to the commissioner, as prescribed by the 
  4.22  commissioner, that inspections have been made at regular 
  4.23  intervals not to exceed two years.  A report of the inspections 
  4.24  shall be filed annually, on or before February 15 of each year, 
  4.25  with the county auditor or township town clerk, or the governing 
  4.26  body of the municipality.  The report shall contain 
  4.27  recommendations for the correction of, or legal posting of load 
  4.28  limits on any bridge or structure that is found to be 
  4.29  understrength or unsafe. 
  4.30     Subd. 4.  [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 
  4.31  REPORTS.] The city engineer shall maintain a complete inventory 
  4.32  record of all bridges as set forth in subdivision 2, 
  4.33  paragraph (c), with the inspection reports thereof, and shall 
  4.34  certify annually to the commissioner, as prescribed by the 
  4.35  commissioner, that inspections have been made at regular 
  4.36  intervals not to exceed two years.  A report of the inspections 
  5.1   shall be filed annually, on or before February 15 of each year, 
  5.2   with the governing body of the municipality.  The report shall 
  5.3   contain recommendations for the correction of, or legal posting 
  5.4   of load limits on any bridge or structure that is found to be 
  5.5   understrength or unsafe. 
  5.6      Subd. 5.  [AGREEMENTS.] Agreements may be made among the 
  5.7   various units of governments, or between governmental units and 
  5.8   qualified engineering personnel to carry out the 
  5.9   responsibilities for the bridge inspections and reports, as 
  5.10  established by subdivision 2. 
  5.11     Subd. 6.  [TOLL OTHER BRIDGES.] The owner of a toll bridge 
  5.12  and the owner of a bridge described in subdivision 2, paragraph 
  5.13  (e), shall certify to the commissioner, as prescribed by the 
  5.14  commissioner, that inspections of the bridge have been made at 
  5.15  regular intervals not to exceed two years.  The certification 
  5.16  shall be accompanied by a report of the inspection.  The report 
  5.17  shall contain recommendations for the correction of or legal 
  5.18  posting of load limitations if the bridge is found to be 
  5.19  understrength or unsafe. 
  5.20     Subd. 7.  [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 
  5.21  Notwithstanding subdivision 2, the commissioners of 
  5.22  transportation and natural resources shall negotiate a 
  5.23  memorandum of understanding that governs the inspection of 
  5.24  bridges owned, operated, or maintained by the commissioner of 
  5.25  natural resources. 
  5.26     (b) The memorandum of understanding must provide for: 
  5.27     (1) the inspection and inventory of bridges subject to 
  5.28  federal law or regulations; 
  5.29     (2) the frequency of inspection of bridges described in 
  5.30  paragraph (a); and 
  5.31     (3) who may perform inspections required under the 
  5.32  memorandum of understanding. 
  5.33     Sec. 6.  [174.55] [CONTINGENT APPROPRIATION.] 
  5.34     The commissioner of transportation, with the approval of 
  5.35  the governor after consultation with the legislative advisory 
  5.36  commission under section 3.30, may transfer all or part of the 
  6.1   unappropriated balance in the trunk highway fund to an 
  6.2   appropriation (1) for trunk highway design, construction, or 
  6.3   inspection in order to take advantage of an unanticipated 
  6.4   receipt of income to the trunk highway fund, and (2) for trunk 
  6.5   highway maintenance in order to meet an emergency.  The amount 
  6.6   transferred is appropriated for the purpose of the account to 
  6.7   which it is transferred. 
  6.8      Sec. 7.  Minnesota Statutes 1996, section 174A.06, is 
  6.9   amended to read: 
  6.10     174A.06 [CONTINUATION OF RULES.] 
  6.11     Orders and directives heretofore in force, issued, or 
  6.12  promulgated by the public service commission, public utilities 
  6.13  commission, or the department of transportation under authority 
  6.14  of chapters 174A, 216A, 218, 219, and 221, and 222 remain and 
  6.15  continue in force and effect until repealed, modified, or 
  6.16  superseded by duly authorized orders or directives of 
  6.17  the commissioner of transportation regulation board.  To the 
  6.18  extent allowed under federal law or regulation, rules adopted by 
  6.19  the public service commission, public utilities commission or 
  6.20  the department of transportation under authority of the 
  6.21  following sections are transferred to the commissioner of 
  6.22  transportation regulation board and continue in force and effect 
  6.23  until repealed, modified, or superseded by duly authorized rules 
  6.24  of the transportation regulation board commissioner:  
  6.25     (1) section 218.041 except rules related to the form and 
  6.26  manner of filing railroad rates, railroad accounting rules, and 
  6.27  safety rules; 
  6.28     (2) section 219.40; 
  6.29     (3) (2) rules relating to rates or tariffs, or the 
  6.30  granting, limiting, or modifying of permits or certificates of 
  6.31  convenience and necessity under section 221.031, subdivision 1; 
  6.32     (4) (3) rules relating to the sale, assignment, pledge, or 
  6.33  other transfer of a stock interest in a corporation holding 
  6.34  authority to operate as a permit carrier as prescribed in 
  6.35  section 221.151, subdivision 1, or a local cartage carrier under 
  6.36  section 221.296, subdivision 8; 
  7.1      (5) (4) rules relating to rates, charges, and practices 
  7.2   under section 221.161, subdivision 4; and 
  7.3      (6) (5) rules relating to rates, tariffs, or the granting, 
  7.4   limiting, or modifying of permits under sections 221.121, 
  7.5   221.151, and 221.296 or certificates of convenience and 
  7.6   necessity under section 221.071.  
  7.7      The board commissioner shall review the transferred rules, 
  7.8   orders, and directives and, when appropriate, develop and adopt 
  7.9   new rules, orders, or directives within 18 months of July 1, 
  7.10  1985. 
  7.11     Sec. 8.  Minnesota Statutes 1996, section 218.031, 
  7.12  subdivision 2, is amended to read: 
  7.13     Subd. 2.  [ACCIDENT INFORMATION FURNISHED COMMISSIONER.] 
  7.14  Every common carrier shall furnish to the commissioner: 
  7.15     (1) All schedules of rates, fares and charges, every part 
  7.16  and classification thereof, together with minimum weights and 
  7.17  rules with respect thereto, and any and all amendments, 
  7.18  modifications or changes therein. 
  7.19     (2) All information duly required in blanks and forms 
  7.20  furnished by the commissioner. 
  7.21     (3) A copy of all annual reports and valuation data 
  7.22  furnished to the Interstate Commerce Commission not later than 
  7.23  June 30th, covering the preceding calendar year, together with 
  7.24  any additional information regarding valuation of its properties 
  7.25  requested by the commissioner. 
  7.26     (4) a report of accidents, wrecks, and casualties occurring 
  7.27  in this state in such the manner and form and at such the times 
  7.28  as prescribed by the commissioner.  All such The reports 
  7.29  administered by the department of public safety shall must be 
  7.30  received and administered in accordance with the provisions of 
  7.31  section 169.09, subdivision 13.  All Other reports shall must be 
  7.32  open to public inspection but shall are not be admissible in 
  7.33  evidence in any a suit or action for damages growing out of such 
  7.34  the accident, wreck, or casualty. 
  7.35     (5) All tariff agreements or arrangements with other 
  7.36  carriers. 
  8.1      (6) All joint schedules of rates, fares or classifications. 
  8.2      Sec. 9.  Minnesota Statutes 1996, section 218.041, 
  8.3   subdivision 4, is amended to read: 
  8.4      Subd. 4.  [BOARD COMMISSIONER DUTIES UPON PETITION.] The 
  8.5   board commissioner shall, upon petition: 
  8.6      (1) at all points of intersection and crossings of 
  8.7   different railroads, or where two railroads are not more than 
  8.8   one-half mile apart, and at all terminals, prescribe ample 
  8.9   facilities by track connection, joint use of tracks, freight 
  8.10  platforms and depots, warehouses, docks over which general 
  8.11  merchandise is handled and forwarded, and other necessary 
  8.12  appliances and conveniences for the transfer, forwarding and 
  8.13  handling of general merchandise and parcel freight between such 
  8.14  railroads and between such railroads and such docks, warehouses 
  8.15  and vessels at such docks.; 
  8.16     (2) Determine the proportionate share of each company in 
  8.17  the cost of providing connecting and transfer facilities in the 
  8.18  event the companies fail to agree. 
  8.19     (3) direct construction, maintenance and operation at any 
  8.20  points prescribed by law of all side tracks and reasonable 
  8.21  facilities connecting any road with any grain warehouse or mill, 
  8.22  dock, wharf, coal yard, quarry, brick or lime kiln, sand or 
  8.23  gravel pit, crushed rock or concrete plant, or manufactory 
  8.24  adjacent thereto, and prescribe the terms therefor.; 
  8.25     (4) Prescribe reasonable rules for handling property, 
  8.26  passenger, baggage, express and mail, partly over privately 
  8.27  owned rights-of-way and partly over highways, so that reasonable 
  8.28  and adequate accommodations and service may be afforded. 
  8.29     (5) Prescribe the extent to which any designated carrier, 
  8.30  upon its petition, may be relieved from the operation of the 
  8.31  principles established by section 218.021, subdivision 1, 
  8.32  clauses (5), (6) and (7). 
  8.33     (6) (3) direct the repair, reconstruction or replacement of 
  8.34  any inadequate or unsafe trackage, structure or facility. 
  8.35     Upon receipt of a petition for action pursuant to this 
  8.36  subdivision the board commissioner shall give notice to all 
  9.1   persons known to it to have an interest in the matter and 
  9.2   publish notice of the petition in the State Register.  The board 
  9.3   commissioner may grant the petition 30 days after notice has 
  9.4   been fully made.  If the board commissioner receives a written 
  9.5   objection to the petition from any person within 20 days after 
  9.6   the notice of filing has been fully made, the exemption shall be 
  9.7   granted or denied only after a contested case hearing has been 
  9.8   held on the matter.  The board commissioner may elect to hold a 
  9.9   contested case hearing if no objections to the petition or 
  9.10  application are received.  If a timely objection is not received 
  9.11  and the board commissioner declines to act without hearing, the 
  9.12  petitioner may request within 30 days of receiving a notice of 
  9.13  denial, and shall be granted, a contested case hearing on the 
  9.14  application. 
  9.15     Sec. 10.  Minnesota Statutes 1996, section 218.041, 
  9.16  subdivision 6, is amended to read: 
  9.17     Subd. 6.  [COMMISSIONER'S POWERS.] In exercising the powers 
  9.18  granted by this chapter, the commissioner may: 
  9.19     (1) subpoena books, papers or accounts kept by any 
  9.20  regulated business within or without the state, or compel 
  9.21  production of verified copies; 
  9.22     (2) prepare all forms or blanks for the purpose of 
  9.23  obtaining information which the commissioner may deem necessary 
  9.24  or useful for the proper exercise of the authority and duties of 
  9.25  the commissioner or the board in connection with regulated 
  9.26  businesses, and prescribe the time and manner within which the 
  9.27  blanks and forms shall be completed and filed; 
  9.28     (3) inspect, at all reasonable times, and copy the books, 
  9.29  records, memoranda, correspondence or other documents and 
  9.30  records of any business under the commissioner's 
  9.31  jurisdiction; and 
  9.32     (4) examine, under oath, any officer, agent or employee of 
  9.33  a business under the commissioner's jurisdiction concerning its 
  9.34  business and affairs; and any matter within the commissioner's 
  9.35  jurisdiction. 
  9.36     (5) Prescribe rules, duly promulgated in accordance with 
 10.1   chapter 14, relating to rates, care in handling and other 
 10.2   livestock transportation matters. 
 10.3      Sec. 11.  Minnesota Statutes 1996, section 219.074, 
 10.4   subdivision 2, is amended to read: 
 10.5      Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
 10.6   1992, and on or before July 1 of each of the next four years, 
 10.7   and as necessary afterward, the commissioner shall propose to 
 10.8   the board a list of grade crossings proposed to be vacated.  The 
 10.9   list must be developed by applying the standards set forth in 
 10.10  the rules adopted under section 219.073.  Grade crossings that 
 10.11  are part of an abandonment, closing, or removal under section 
 10.12  219.741 may not be included in the list.  The board commissioner 
 10.13  shall notify the public officials having the necessary authority 
 10.14  and the railway companies operating the railroads of the 
 10.15  proposed vacations.  Either affected party may request a 
 10.16  hearing.  If requested, the board commissioner shall hold a 
 10.17  contested case hearing, applying in its determination the rules 
 10.18  developed under section 219.073.  If after the hearing the board 
 10.19  commissioner determines that the vacation is consistent with the 
 10.20  standards adopted under section 219.073, it the commissioner may 
 10.21  order the crossing vacated.  If a request for a hearing on a 
 10.22  particular crossing is not received within 30 days of the 
 10.23  publication in the State Register, the board commissioner shall 
 10.24  order the crossing vacated.  
 10.25     Sec. 12.  Minnesota Statutes 1996, section 219.384, 
 10.26  subdivision 2, is amended to read: 
 10.27     Subd. 2.  [PENALTY.] A railroad company, road authority, or 
 10.28  property owner that fails to comply with this section within 30 
 10.29  days after being notified in writing is subject to a fine of $50 
 10.30  for each day that the condition is uncorrected.  This penalty 
 10.31  may be recovered in the manner provided in section 219.97, 
 10.32  subdivision 5 in a civil action brought by the attorney general 
 10.33  or by the county attorney of the county through or into which 
 10.34  that railroad extends. 
 10.35     Sec. 13.  Minnesota Statutes 1996, section 219.98, is 
 10.36  amended to read: 
 11.1      219.98 [FEES FOR APPLYING FOR BOARD COMMISSIONER ORDER.] 
 11.2      A person other than the state, a state agency, or a 
 11.3   political subdivision, who applies for an order of the board 
 11.4   relating to clearances under section 219.47, permitting the 
 11.5   abandonment or removal of track under section 219.741, or 
 11.6   permitting abandonment of a station or discontinuance or 
 11.7   reduction of agency service under section 219.85, commissioner 
 11.8   shall pay, at the time the application is filed, into the state 
 11.9   treasury, a fee of $100.  A person other than the state, a state 
 11.10  agency, or a political subdivision, applying for an order of the 
 11.11  board under any other provision of this chapter shall pay, at 
 11.12  the time the application is filed, into the state treasury a fee 
 11.13  of $50. 
 11.14     Sec. 14.  Minnesota Statutes 1996, section 574.26, 
 11.15  subdivision 1a, is amended to read: 
 11.16     Subd. 1a.  [EXEMPTION; EXEMPTIONS:  CERTAIN MANUFACTURERS; 
 11.17  COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 
 11.18  do not apply to a manufacturer of public transit buses that 
 11.19  manufactures at least 100 public transit buses in a calendar 
 11.20  year.  For purposes of this section, "public transit bus" means 
 11.21  a motor vehicle designed to transport people, with a design 
 11.22  capacity for carrying more than 40 passengers, including the 
 11.23  driver.  The term "public transit bus" does not include a school 
 11.24  bus, as defined in section 169.01, subdivision 6. 
 11.25     (b) At the discretion of the commissioner of 
 11.26  transportation, sections 574.26 to 574.32 do not apply to any 
 11.27  projects of the department of transportation (1) costing less 
 11.28  than $75,000, or (2) involving the permanent or semipermanent 
 11.29  installation of heavy machinery, fixtures, or other capital 
 11.30  equipment to be used primarily for maintenance or repair. 
 11.31     Sec. 15.  Laws 1995, chapter 248, article 13, section 4, 
 11.32  subdivision 2, is amended to read: 
 11.33     Subd. 2.  [PILOT PROJECT.] Notwithstanding any law to the 
 11.34  contrary, the governor shall designate an executive agency that, 
 11.35  during the biennium ending department of transportation, until 
 11.36  June 30, 1997 1998, is exempt from any law, rule, or 
 12.1   administrative procedure that requires approval of the 
 12.2   commissioner of administration before an agency enters into a 
 12.3   contract.  The agency selected in this subdivision must 
 12.4   establish a process for obtaining goods and services that 
 12.5   complies with the policies in subdivision 1.  The process must 
 12.6   include guidelines to prevent conflicts of interest for agency 
 12.7   employees involved in developing bid specifications or 
 12.8   proposals, evaluating bids or proposals, entering into 
 12.9   contracts, or evaluating the performance of a contractor.  The 
 12.10  guidelines must attempt to ensure that such an employee: 
 12.11     (1) does not have any financial interest in and does not 
 12.12  personally benefit from the contract; 
 12.13     (2) does not accept from a contractor or bidder any 
 12.14  promise, obligation, contract for future reward, or gift, other 
 12.15  than an item of nominal value; and 
 12.16     (3) does not appear to have a conflict of interest because 
 12.17  of a family or close personal relationship to a contractor or 
 12.18  bidder, or because of a past employment or business relationship 
 12.19  with a contractor or bidder.  
 12.20     Upon request of the agency, the department of 
 12.21  administration shall provide the agency technical assistance in 
 12.22  designing such a process.  
 12.23     Sec. 16.  [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 
 12.24     (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
 12.25  282.018, subdivision 1, Hennepin county may sell to the 
 12.26  Minnesota department of transportation the tax-forfeited land 
 12.27  bordering public water that is described in paragraph (c). 
 12.28     (b) The conveyance must be in the form approved by the 
 12.29  attorney general. 
 12.30     (c) The land that may be conveyed is located in the city of 
 12.31  Champlin, Hennepin county and is described as:  That part of Lot 
 12.32  11, Block 5, Auditor's Subdivision No. 15, according to the plat 
 12.33  thereof on file and of record in the office of the County 
 12.34  Recorder in and for Hennepin County, Minnesota, lying south of a 
 12.35  line run parallel with and distant 43 feet north of the south 
 12.36  line of Government Lot 3, Section 19, Township 120 North, Range 
 13.1   21 West and lying east of a line run parallel with and distant 
 13.2   36.5 feet east of the west line of said Government Lot 3; 
 13.3      together with all right of access, being the right of 
 13.4   ingress to and egress from said Lot 11 to U.S. Highway No. 169 
 13.5   and Hayden Lake Road. 
 13.6      Subject to permanent easement for sanitary sewers granted 
 13.7   to the metropolitan council on March 2, 1995, by the Hennepin 
 13.8   county auditor.  Subject to easements of record. 
 13.9      Sec. 17.  [INSTRUCTION TO REVISOR.] 
 13.10     The revisor of statutes is directed to change the terms 
 13.11  "transportation regulation board," "board," "board's," "board or 
 13.12  commissioner," "commissioner or board," "board or the 
 13.13  commissioner," "commissioner or the board," "commissioner and 
 13.14  the board," "commissioner and board," "board and the 
 13.15  commissioner," "board and commissioner," "department and board," 
 13.16  "board or department," and "board and the department," when 
 13.17  referring to the transportation regulation board, to the term 
 13.18  "commissioner," "commissioner's," or "commissioner of 
 13.19  transportation," as appropriate, wherever those terms appear in 
 13.20  Minnesota Statutes, chapters 218, 219, and 222. 
 13.21     Sec. 18.  [TRUNK HIGHWAYS; EFFECTIVE DATES; INSTRUCTION TO 
 13.22  REVISOR.] 
 13.23     Subdivision 1.  [DESCRIPTION OF ROUTE NO. 107 CHANGED; 
 13.24  EFFECTIVE DATE.] Section 3 is effective when an agreement to 
 13.25  transfer jurisdiction of a portion of marked Route No. 52 has 
 13.26  been signed by the commissioner of transportation and the chair 
 13.27  of the Hennepin county board and filed in the office of the 
 13.28  commissioner. 
 13.29     Subd. 2.  [ROUTE NO. 126 DISCONTINUED; EFFECTIVE 
 13.30  DATE.] Section 19, paragraph (a), is effective when the transfer 
 13.31  of jurisdiction of legislative Route No. 126 is agreed to by the 
 13.32  commissioner of transportation and Ramsey county and a copy of 
 13.33  the agreement, signed by the commissioner and the chair of the 
 13.34  Ramsey county board, has been filed in the office of the 
 13.35  commissioner. 
 13.36     Subd. 3.  [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 
 14.1   DATE.] Section 4 is effective when the transfer of jurisdiction 
 14.2   of a portion of the old route is agreed to by the commissioner 
 14.3   of transportation and Hennepin county and a copy of the 
 14.4   agreement, signed by the commissioner and the chair of the 
 14.5   Hennepin county board, has been filed in the office of the 
 14.6   commissioner. 
 14.7      Subd. 4.  [INSTRUCTION TO REVISOR.] The revisor of statutes 
 14.8   shall delete the route identified in subdivision 2 and change 
 14.9   the description of each route identified in subdivisions 1 and 3 
 14.10  in the next publication of Minnesota Statutes unless the 
 14.11  commissioner of transportation informs the revisor that the 
 14.12  conditions required to transfer a particular route were not 
 14.13  satisfied. 
 14.14     Sec. 19.  [REPEALER.] 
 14.15     (a) Minnesota Statutes 1996, section 161.115, subdivision 
 14.16  57, is repealed. 
 14.17     (b) Minnesota Statutes 1996, sections 218.021; 218.025; 
 14.18  218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 
 14.19  subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 and 2; 
 14.20  219.558; 219.559; 219.56; and 219.97, subdivision 6, are 
 14.21  repealed. 
 14.22     Sec. 20.  [EFFECTIVE DATES.] 
 14.23     Sections 1, 6, and 15 are effective the day following final 
 14.24  enactment.  Sections 2 and 14 are effective July 1, 1997.