HF 1404

4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; allowing commissioner of 
  1.3             transportation to act as agent to accept federal money 
  1.4             for nonpublic organizations for transportation 
  1.5             purposes; increasing maximum lump sum utility 
  1.6             adjustment amount allowed for relocating utility 
  1.7             facility; eliminating percentage limit for funding 
  1.8             transportation research projects and providing for 
  1.9             federal research funds and research partnerships; 
  1.10            allowing counties more authority in disbursing certain 
  1.11            state-aid highway funds; exempting charter buses from 
  1.12            certain requirements of truck weight enforcement 
  1.13            operations; regulating erection of highway signs 
  1.14            identifying entrance into municipality; eliminating 
  1.15            requirement to have permit identifying number affixed 
  1.16            to highway billboard; providing for use and 
  1.17            maintenance of hydrants located within right-of-way of 
  1.18            public roads; eliminating legislative route No. 331 
  1.19            from trunk highway system and turning it back to the 
  1.20            jurisdiction of Fillmore county; making technical 
  1.21            corrections; amending Minnesota Statutes 1994, 
  1.22            sections 161.085; 161.36, subdivisions 1, 2, 3, and 4; 
  1.23            161.46, subdivision 3; 161.53; 162.08, subdivisions 4 
  1.24            and 7; 162.14, subdivision 6; 169.85; 173.02, 
  1.25            subdivision 6; 173.07, subdivision 1; 174.04; and 
  1.26            222.37, subdivision 1; proposing coding for new law in 
  1.27            Minnesota Statutes, chapter 173; repealing Minnesota 
  1.28            Statutes 1994, sections 161.086; 161.115, subdivision 
  1.29            262. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 1994, section 161.085, is 
  1.32  amended to read: 
  1.33     161.085 [APPROPRIATION FROM TURNBACK ACCOUNTS.] 
  1.34     Moneys in the county turnback account and the municipal 
  1.35  turnback account are hereby appropriated annually to the 
  1.36  commissioner of transportation for the purposes of carrying out 
  1.37  the terms of sections 161.081 to 161.086 161.084. 
  2.1      Sec. 2.  Minnesota Statutes 1994, section 161.36, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [COMMISSIONER TO COOPERATE WITH THE U.S. 
  2.4   GOVERNMENT.] The commissioner may cooperate with the government 
  2.5   of the United States and any agency or department thereof in the 
  2.6   construction, improvement, enhancement, and maintenance of roads 
  2.7   and bridges transportation in the state of Minnesota and may 
  2.8   comply with the provisions of the laws of the United States and 
  2.9   any rules and regulations made thereunder for the expenditure of 
  2.10  federal moneys upon such roads and bridges.  
  2.11     Sec. 3.  Minnesota Statutes 1994, section 161.36, 
  2.12  subdivision 2, is amended to read: 
  2.13     Subd. 2.  [FEDERAL AID, ACCEPTANCE; COMMISSIONER AS AGENT.] 
  2.14  The commissioner may accept federal moneys and other moneys, 
  2.15  either public or private, for and in behalf of the state of 
  2.16  Minnesota or any governmental subdivision thereof, or any 
  2.17  nonpublic organization, for the construction, improvement, 
  2.18  enhancement, or maintenance of roads and bridges transportation 
  2.19  upon such terms and conditions as are or may be prescribed by 
  2.20  the laws of the United States and any rules or regulations made 
  2.21  thereunder, and is authorized to act as an agent of any that 
  2.22  governmental subdivision of the state of Minnesota or nonpublic 
  2.23  organization upon the its request of such subdivision in 
  2.24  accepting the moneys in its behalf for road or 
  2.25  bridge transportation purposes, in acquiring right-of-way 
  2.26  therefor, and in contracting for the construction, 
  2.27  improvement, enhancement, or maintenance of roads or 
  2.28  bridges transportation financed either in whole or in part by 
  2.29  federal moneys.  The governing body of any such subdivision or 
  2.30  nonpublic organization is authorized to designate the 
  2.31  commissioner as its agent for such purposes and to enter into an 
  2.32  agreement with the commissioner prescribing the terms and 
  2.33  conditions of the agency in accordance herewith and with federal 
  2.34  laws, rules and regulations.  
  2.35     Sec. 4.  Minnesota Statutes 1994, section 161.36, 
  2.36  subdivision 3, is amended to read: 
  3.1      Subd. 3.  [COMMISSIONER AS AGENT IN CERTAIN CASES.] The 
  3.2   commissioner may act as the agent of any political subdivision 
  3.3   of the state, or any nonpublic organization, as provided herein, 
  3.4   for the construction of roads and bridges transportation toward 
  3.5   the construction of which no federal aid is available in the 
  3.6   event that the construction adjoins, is connected, or in the 
  3.7   judgment of the commissioner can be best and most economically 
  3.8   performed in connection with construction upon which federal aid 
  3.9   is available and upon which the commissioner is then acting as 
  3.10  agent. 
  3.11     Sec. 5.  Minnesota Statutes 1994, section 161.36, 
  3.12  subdivision 4, is amended to read: 
  3.13     Subd. 4.  [STATE LAWS TO GOVERN.] All contracts for the 
  3.14  construction, improvement, enhancement, or maintenance of roads 
  3.15  or bridges transportation made by the commissioner as the agent 
  3.16  of any governmental subdivision, or any nonpublic organization, 
  3.17  shall be made pursuant to the laws of the state of Minnesota 
  3.18  governing the making of contracts for the construction, 
  3.19  improvement, enhancement, and maintenance of roads and 
  3.20  bridges transportation on the trunk highway system of the state; 
  3.21  provided, where the construction, improvement, enhancement, or 
  3.22  maintenance of any road or bridge transportation is financed 
  3.23  wholly with federal moneys, the commissioner as the agent of any 
  3.24  the governmental subdivision or nonpublic organization may let 
  3.25  contracts in the manner prescribed by the federal authorities 
  3.26  acting under the laws of the United States and any rules or 
  3.27  regulations made thereunder, notwithstanding any state law to 
  3.28  the contrary.  
  3.29     Sec. 6.  Minnesota Statutes 1994, section 161.46, 
  3.30  subdivision 3, is amended to read: 
  3.31     Subd. 3.  [LUMP SUM SETTLEMENTS.] The commissioner may 
  3.32  enter into agreements with a utility for the relocation of 
  3.33  utility facilities providing for the payment by the state of a 
  3.34  lump sum based on the estimated cost of relocation when the lump 
  3.35  sum so agreed upon does not exceed $25,000 $100,000. 
  3.36     Sec. 7.  Minnesota Statutes 1994, section 161.53, is 
  4.1   amended to read: 
  4.2      161.53 [RESEARCH ACTIVITIES.] 
  4.3      The commissioner may set aside for transportation research 
  4.4   in each fiscal year up to one percent of the total amount of all 
  4.5   funds appropriated to the commissioner other than county 
  4.6   state-aid and municipal state-aid highway funds, including 
  4.7   matching federal research funds, for transportation research and 
  4.8   other public and private research partnerships.  The 
  4.9   commissioner shall spend this money for (1) research to improve 
  4.10  the design, construction, maintenance, management, and 
  4.11  environmental compatibility of transportation systems; (2) 
  4.12  research on transportation policies that enhance energy 
  4.13  efficiency and economic development; (3) programs for 
  4.14  implementing and monitoring research results; and (4) 
  4.15  development of transportation education and outreach 
  4.16  activities.  Of all funds appropriated to the commissioner other 
  4.17  than state-aid funds, the commissioner shall spend 0.1 percent, 
  4.18  but not exceeding $800,000 in any fiscal year, for research and 
  4.19  related activities performed by the center for transportation 
  4.20  studies of the University of Minnesota.  The center shall 
  4.21  establish a technology transfer and training center for 
  4.22  Minnesota transportation professionals. 
  4.23     Sec. 8.  Minnesota Statutes 1994, section 162.08, 
  4.24  subdivision 4, is amended to read: 
  4.25     Subd. 4.  [PURPOSES; OTHER USES OF MUNICIPAL ACCOUNT 
  4.26  ALLOCATION.] (a) Except as provided in subdivision 3, money so 
  4.27  apportioned and allocated to each county shall be used for aid 
  4.28  in the establishment, location, construction, reconstruction, 
  4.29  improvement, and maintenance of the county state-aid highway 
  4.30  system within each county, including the expense of sidewalks, 
  4.31  commissioner-approved signals and safety devices on county 
  4.32  state-aid highways, and systems that permit an emergency vehicle 
  4.33  operator to activate a green traffic signal for the emergency 
  4.34  vehicle; provided, that in the event of hardship, or in the 
  4.35  event that the county state-aid highway system of any county is 
  4.36  improved to the standards set forth in the commissioner's rules, 
  5.1   a portion of the money apportioned other than the money 
  5.2   allocated for expenditures within cities having a population of 
  5.3   less than 5,000, may be used on other roads within the county 
  5.4   with the consent and in accordance with the commissioner's rules.
  5.5      (b) If the portion of the county state-aid highway system 
  5.6   lying within cities having a population of less than 5,000 is 
  5.7   improved to the standard set forth in the commissioner's rules, 
  5.8   a portion of the money credited to the municipal account may be 
  5.9   used on other county highways or other streets lying within such 
  5.10  cities.  Upon the authorization of the commissioner, a county 
  5.11  may expend accumulated municipal account funds on county 
  5.12  state-aid highways within the county outside of cities having a 
  5.13  population of less than 5,000.  The commissioner shall authorize 
  5.14  the expenditure if: 
  5.15     (a) (1) the county submits a written request to the 
  5.16  commissioner and holds a hearing within 30 days of the request 
  5.17  to receive and consider any objections by the governing bodies 
  5.18  of cities within the county having a population of less than 
  5.19  5,000; and 
  5.20     (b) (2) no written objection is filed with the commissioner 
  5.21  by any such city within 14 days of that hearing as provided in 
  5.22  this subdivision. 
  5.23     The county shall notify all of the cities of the public 
  5.24  hearing by certified mail and shall notify the commissioner in 
  5.25  writing of the results of the hearing and any objections to the 
  5.26  use of the funds as requested by the county. 
  5.27     (c) If, within 14 days of the hearing under paragraph (b), 
  5.28  a city having a population of less than 5,000 files a written 
  5.29  objection with the commissioner identifying a specific county 
  5.30  state-aid highway within the city which is requested for 
  5.31  improvement, the commissioner shall investigate the nature of 
  5.32  the requested improvement.  Notwithstanding paragraph (b) 
  5.33  clause (b) (2), the commissioner may authorize the expenditure 
  5.34  requested by the county if:  
  5.35     (1) the identified highway is not deficient in meeting 
  5.36  minimum state-aid street standards; or 
  6.1      (2) the county shows evidence that the identified highway 
  6.2   has been programmed for construction in the county's five-year 
  6.3   capital improvement budget in a manner consistent with the 
  6.4   county's transportation plan; or 
  6.5      (3) there are conditions created by or within the city and 
  6.6   beyond the control of the county that prohibit programming or 
  6.7   constructing the identified highway. 
  6.8      (d) Notwithstanding any contrary provisions of paragraph 
  6.9   (b) or (c), accumulated balances in excess of two years of 
  6.10  municipal account apportionments may be spent on projects 
  6.11  located outside of municipalities under 5,000 population when 
  6.12  approved solely by resolution of the county board.  
  6.13     (e) Authorization by the commissioner for use of municipal 
  6.14  account funds on county state-aid highways outside of cities 
  6.15  having a population of less than 5,000 shall be applicable only 
  6.16  to the county's accumulated and current year allocation.  Future 
  6.17  municipal account allocations shall be used as directed by law 
  6.18  unless subsequent requests are made by the county and 
  6.19  approved by the commissioner, or approved by resolution of the 
  6.20  county board, as applicable, in accordance with the applicable 
  6.21  provisions of this section. 
  6.22     Sec. 9.  Minnesota Statutes 1994, section 162.08, 
  6.23  subdivision 7, is amended to read: 
  6.24     Subd. 7.  [ADVANCES OTHER THAN TO MUNICIPAL ACCOUNT.] Any 
  6.25  county may make advances from any available funds for the 
  6.26  purpose of expediting the construction, reconstruction, 
  6.27  improvement and maintenance of its county state-aid highway 
  6.28  system.  Total advances, together with any advances to the 
  6.29  municipal account, as provided in subdivisions 5 and 6, shall 
  6.30  never exceed 40 percent of the county's last apportionment 
  6.31  preceding the first advance.  Advances made by any county as 
  6.32  provided herein, other than advances made to the municipal 
  6.33  account, shall be repaid out of subsequent apportionments to the 
  6.34  county's maintenance or construction account in accordance with 
  6.35  the commissioner's rules.  
  6.36     Sec. 10.  Minnesota Statutes 1994, section 162.14, 
  7.1   subdivision 6, is amended to read: 
  7.2      Subd. 6.  [ADVANCES.] Any such city, except cities of the 
  7.3   first class, may make advances from any funds available to it 
  7.4   for the purpose of expediting the construction, reconstruction, 
  7.5   improvement, or maintenance of its municipal state-aid street 
  7.6   system; provided that such advances shall not exceed the city's 
  7.7   total estimated apportionment for the three years following the 
  7.8   year the advance is made.  Advances made by any such city shall 
  7.9   be repaid out of subsequent apportionments made to such city in 
  7.10  accordance with the commissioner's rules. 
  7.11     Sec. 11.  Minnesota Statutes 1994, section 169.85, is 
  7.12  amended to read: 
  7.13     169.85 [WEIGHING; PENALTY.] 
  7.14     The driver of a vehicle which has been lawfully stopped may 
  7.15  be required by a peace officer to submit the vehicle and load to 
  7.16  a weighing by means of portable or stationary scales, and the 
  7.17  peace officer may require that the vehicle be driven to the 
  7.18  nearest available scales if the distance to the scales is no 
  7.19  further than five miles, or if the distance from the point where 
  7.20  the vehicle is stopped to the vehicle's destination is not 
  7.21  increased by more than ten miles as a result of proceeding to 
  7.22  the nearest available scales.  Official traffic control devices 
  7.23  as authorized by section 169.06 may be used to direct the driver 
  7.24  to the nearest scale.  When a truck weight enforcement operation 
  7.25  is conducted by means of portable or stationary scales and signs 
  7.26  giving notice of the operation are posted within the highway 
  7.27  right-of-way and adjacent to the roadway within two miles of the 
  7.28  operation, the driver of a truck or combination of vehicles 
  7.29  registered for or weighing in excess of 12,000 pounds, and the 
  7.30  driver of a charter bus, except a bus registered in Minnesota, 
  7.31  shall proceed to the scale site and submit the vehicle to 
  7.32  weighing and inspection. 
  7.33     Upon weighing a vehicle and load, as provided in this 
  7.34  section, an officer may require the driver to stop the vehicle 
  7.35  in a suitable place and remain standing until a portion of the 
  7.36  load is removed that is sufficient to reduce the gross weight of 
  8.1   the vehicle to the limit permitted under section 169.825.  A 
  8.2   suitable place is a location where loading or tampering with the 
  8.3   load is not prohibited by federal, state, or local law, rule or 
  8.4   ordinance.  A driver may be required to unload a vehicle only if 
  8.5   the weighing officer determines that (a) on routes subject to 
  8.6   the provisions of section 169.825, the weight on an axle exceeds 
  8.7   the lawful gross weight prescribed by section 169.825, by 2,000 
  8.8   pounds or more, or the weight on a group of two or more 
  8.9   consecutive axles in cases where the distance between the 
  8.10  centers of the first and last axles of the group under 
  8.11  consideration is ten feet or less exceeds the lawful gross 
  8.12  weight prescribed by section 169.825, by 4,000 pounds or more; 
  8.13  or (b) on routes designated by the commissioner in section 
  8.14  169.832, subdivision 11, the overall weight of the vehicle or 
  8.15  the weight on an axle or group of consecutive axles exceeds the 
  8.16  maximum lawful gross weights prescribed by section 169.825; or 
  8.17  (c) the weight is unlawful on an axle or group of consecutive 
  8.18  axles on a road restricted in accordance with section 169.87.  
  8.19  Material unloaded must be cared for by the owner or driver of 
  8.20  the vehicle at the risk of the owner or driver. 
  8.21     A driver of a vehicle who fails or refuses to stop and 
  8.22  submit the vehicle and load to a weighing as required in this 
  8.23  section, or who fails or refuses, when directed by an officer 
  8.24  upon a weighing of the vehicle, to stop the vehicle and 
  8.25  otherwise comply with the provisions of this section, is guilty 
  8.26  of a misdemeanor. 
  8.27     Sec. 12.  Minnesota Statutes 1994, section 173.02, 
  8.28  subdivision 6, is amended to read: 
  8.29     Subd. 6.  [VARIOUS SIGNS AND NOTICES DEFINED.] Directional 
  8.30  and other official signs and notices shall mean: 
  8.31     (a) "Official signs and notices" mean signs and notices 
  8.32  erected and maintained by public officers or public agencies 
  8.33  within their territorial jurisdiction and pursuant to and in 
  8.34  accordance with direction or authorization contained in federal 
  8.35  or state law for the purposes of carrying out an official duty 
  8.36  or responsibility.  Historical markers authorized by state law 
  9.1   and erected by state or local governmental agencies or nonprofit 
  9.2   historical societies and, star city signs erected under section 
  9.3   173.085, and municipal identification entrance signs erected in 
  9.4   accordance with section 173.025 may be considered official signs.
  9.5      (b) "Public utility signs" mean warning signs, notices, or 
  9.6   markers which are customarily erected and maintained by publicly 
  9.7   or privately owned public utilities, as essential to their 
  9.8   operations.  
  9.9      (c) "Service club and religious notices" mean signs and 
  9.10  notices, not exceeding eight square feet in advertising area, 
  9.11  whose erection is authorized by law, relating to meetings and 
  9.12  location of nonprofit service clubs or charitable associations, 
  9.13  or religious services.  
  9.14     (d) "Directional signs" means signs containing directional 
  9.15  information about public places owned or operated by federal, 
  9.16  state, or local governments or their agencies, publicly or 
  9.17  privately owned natural phenomena, historic, cultural, 
  9.18  scientific, educational, and religious sites, and areas of 
  9.19  natural scenic beauty or naturally suited for outdoor 
  9.20  recreation, deemed to be in the interest of the traveling 
  9.21  public.  To qualify for directional signs, privately owned 
  9.22  attractions must be nationally or regionally known, and of 
  9.23  outstanding interest to the traveling public.  
  9.24     (e) All definitions in this subdivision are intended to be 
  9.25  in conformity with the national standards for directional and 
  9.26  other official signs.  
  9.27     Sec. 13.  [173.025] [MUNICIPAL IDENTIFICATION SIGNS.] 
  9.28     A local road authority may erect a municipal identification 
  9.29  entrance sign within the right-of-way of a trunk highway with 
  9.30  the written permission of the commissioner.  Municipal 
  9.31  identification entrance signs erected without the written 
  9.32  permission of the commissioner are prohibited. 
  9.33     Sec. 14.  Minnesota Statutes 1994, section 173.07, 
  9.34  subdivision 1, is amended to read: 
  9.35     Subdivision 1.  [FORMS; CONTENT; IDENTIFYING NUMBER.] 
  9.36  Application for permits or renewals thereof for the placement 
 10.1   and maintenance of advertising devices within scenic areas shall 
 10.2   be on forms prescribed by the commissioner and shall contain 
 10.3   such information as the commissioner may require.  No 
 10.4   advertising device shall be placed without the consent of the 
 10.5   owner or occupant of the land, and adequate proof of such 
 10.6   consent shall be submitted to the commissioner at the time 
 10.7   application is made for such permits or renewals.  There shall 
 10.8   be furnished with each permit an identifying number which shall 
 10.9   be affixed by the permit holder to the advertising device in 
 10.10  accordance with rules of the commissioner of transportation. 
 10.11     Sec. 15.  Minnesota Statutes 1994, section 174.04, is 
 10.12  amended to read: 
 10.13     174.04 [FINANCIAL ASSISTANCE; APPLICATIONS; DISBURSEMENT.] 
 10.14     Subdivision 1.  [REVIEW OF APPLICATION.] Any state agency 
 10.15  which receives an application from a regional development 
 10.16  commission, metropolitan council, public transit commission, 
 10.17  airport commission, port authority or other political 
 10.18  subdivision of the state, or any nonpublic organization, for 
 10.19  financial assistance for transportation planning, capital 
 10.20  expenditures or operations to any state or federal agency, shall 
 10.21  first submit the application to the commissioner of 
 10.22  transportation.  The commissioner shall review the application 
 10.23  to determine whether it contains matters that substantially 
 10.24  affect the statewide transportation plan and priorities.  If the 
 10.25  application does not contain such matters, the commissioner 
 10.26  shall within 15 days after receipt return the application to the 
 10.27  applicant political subdivision or nonpublic organization for 
 10.28  forwarding to the appropriate agency.  If the application 
 10.29  contains such matters, the commissioner shall review and comment 
 10.30  on the application as being consistent with the plan and 
 10.31  priorities.  The commissioner shall return the application 
 10.32  together with comments within 45 days after receipt to the 
 10.33  applicant political subdivision or nonpublic organization for 
 10.34  forwarding with the commissioner's comments to the appropriate 
 10.35  agency. 
 10.36     Subd. 2.  [DESIGNATED AGENT.] A regional development 
 11.1   commission, metropolitan council, public transit commission, 
 11.2   airport commission, port authority, or any other political 
 11.3   subdivision of the state, or any nonpublic organization, may 
 11.4   designate the commissioner as its agent to receive and disburse 
 11.5   funds by entering into an agreement with the commissioner 
 11.6   prescribing the terms and conditions of the receipt and 
 11.7   expenditure of the funds in accordance with federal and state 
 11.8   laws, rules, and regulations. 
 11.9      Subd. 3.  [EXCEPTIONS.] The provisions of this section 
 11.10  shall not be construed as altering or amending in any way the 
 11.11  funding procedures specified in section 161.36, 360.016 or 
 11.12  360.0161. 
 11.13     Sec. 16.  Minnesota Statutes 1994, section 222.37, 
 11.14  subdivision 1, is amended to read: 
 11.15     Subdivision 1.  [USE REQUIREMENTS.] Any water power, 
 11.16  telegraph, telephone, pneumatic tube, pipeline, community 
 11.17  antenna television, cable communications or electric light, 
 11.18  heat, or power company, or fire department may use public roads 
 11.19  for the purpose of constructing, using, operating, and 
 11.20  maintaining lines, subways, canals, or conduits, hydrants or dry 
 11.21  hydrants, for their business, but such lines shall be so located 
 11.22  as in no way to interfere with the safety and convenience of 
 11.23  ordinary travel along or over the same; and, in the construction 
 11.24  and maintenance of such line, subway, canal, or 
 11.25  conduit, hydrants or dry hydrants, the company shall be subject 
 11.26  to all reasonable regulations imposed by the governing body of 
 11.27  any county, town or city in which such public road may be.  If 
 11.28  the governing body does not require the company to obtain a 
 11.29  permit, a company shall notify the governing body of any county, 
 11.30  town, or city having jurisdiction over a public road prior to 
 11.31  the construction or major repair, involving extensive excavation 
 11.32  on the road right-of-way, of the company's equipment along, 
 11.33  over, or under the public road, unless the governing body waives 
 11.34  the notice requirement.  A waiver of the notice requirement must 
 11.35  be renewed on an annual basis.  For emergency repair a company 
 11.36  shall notify the governing body as soon as practical after the 
 12.1   repair is made.  Nothing herein shall be construed to grant to 
 12.2   any person any rights for the maintenance of a telegraph, 
 12.3   telephone, pneumatic tube, community antenna television system, 
 12.4   cable communications system, or light, heat, or power system, or 
 12.5   hydrant system within the corporate limits of any city until 
 12.6   such person shall have obtained the right to maintain such 
 12.7   system within such city or for a period beyond that for which 
 12.8   the right to operate such system is granted by such city. 
 12.9      Sec. 17.  [REPEALER.] 
 12.10     Minnesota Statutes 1994, sections 161.086; 161.115, 
 12.11  subdivision 262, are repealed.