HF 2479

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for cost-sharing 
  1.3             agreements with tribal authorities; authorizing 
  1.4             commissioner of transportation to require electronic 
  1.5             bids for highway contracts valued at $5,000,000 or 
  1.6             more; providing for or changing expiration of certain 
  1.7             transportation-related committees; authorizing local 
  1.8             governments to designate roads for transporting 
  1.9             permitted weights; making technical changes; amending 
  1.10            Minnesota Statutes 2002, sections 161.32, subdivision 
  1.11            1b; 162.021, subdivision 5; 162.07, subdivision 5; 
  1.12            162.09, subdivision 2; 162.13, subdivision 3; 169.832, 
  1.13            by adding a subdivision; 174.52, subdivision 3; 
  1.14            Minnesota Statutes 2003 Supplement, sections 161.368; 
  1.15            162.02, subdivision 2; repealing Minnesota Statutes 
  1.16            2002, section 174.55, as amended. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.19  161.368, is amended to read: 
  1.20     161.368 [HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.] 
  1.21     On behalf of the state, the commissioner may enter into 
  1.22  cost-sharing agreements with Indian tribal authorities for the 
  1.23  purpose of providing maintenance, design, and construction to 
  1.24  highways on tribal lands.  These agreements may include (1) a 
  1.25  provision for waiver of immunity from suit by a party to the 
  1.26  contract on the part of the tribal authority with respect to any 
  1.27  controversy arising out of the contract and (2) a provision 
  1.28  conferring jurisdiction on state district courts to hear such a 
  1.29  controversy. 
  1.30     Sec. 2.  Minnesota Statutes 2002, section 161.32, 
  1.31  subdivision 1b, is amended to read: 
  2.1      Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
  2.2   bids electronically in a form and manner required by the 
  2.3   commissioner; however, the commissioner may require that all 
  2.4   bids of $5,000,000 and over for trunk highway contracts must be 
  2.5   submitted electronically.  Trunk highway construction contracts, 
  2.6   including design-build contracts, must be awarded to the lowest 
  2.7   responsible bidder, taking into consideration conformity with 
  2.8   the specifications, the purpose for which the contract or 
  2.9   purchase is intended, the status and capability of the vendor, 
  2.10  and other considerations imposed in the call for bids.  The 
  2.11  commissioner may decide which is the lowest responsible bidder 
  2.12  for all contracts and may use the principles of life-cycle 
  2.13  costing, when appropriate, in determining the lowest overall 
  2.14  bid.  Any or all bids may be rejected.  When competitive bids 
  2.15  are required and all bids are rejected, new bids, if solicited, 
  2.16  must be called for as in the first instance, unless otherwise 
  2.17  provided by law. 
  2.18     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.19  162.02, subdivision 2, is amended to read: 
  2.20     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  2.21  be made and promulgated by the commissioner acting with the 
  2.22  advice of a committee which shall be selected by the several 
  2.23  county boards acting through the officers of the statewide 
  2.24  association of county commissioners.  The committee shall be 
  2.25  composed of nine members so selected that each member shall be 
  2.26  from a different state highway construction district.  Not more 
  2.27  than five of the nine members of the committee shall be county 
  2.28  commissioners.  The remaining members shall be county highway 
  2.29  engineers.  The committee expires as provided in section 15.059, 
  2.30  subdivision 5.  In the event that agreement cannot be reached on 
  2.31  any rule, the commissioner's determination shall be final.  The 
  2.32  rules shall be printed and copies thereof shall be forwarded to 
  2.33  the county engineers of the several counties.  
  2.34     (b) The committee does not expire.  This paragraph 
  2.35  supersedes any contrary provision of section 15.059, subdivision 
  2.36  5.  
  3.1      Sec. 4.  Minnesota Statutes 2002, section 162.021, 
  3.2   subdivision 5, is amended to read: 
  3.3      Subd. 5.  [DESIGNATION.] (a) The commissioner may designate 
  3.4   a county state-aid highway as a natural preservation route only 
  3.5   on petition of the county board of the county having 
  3.6   jurisdiction over the road.  Within 60 days after a county board 
  3.7   receives a written request to designate a county state-aid 
  3.8   highway as a natural preservation route, the county board shall 
  3.9   act on the request. 
  3.10     (b) The commissioner shall appoint an advisory committee 
  3.11  for each construction district consisting of seven members:  one 
  3.12  member of the Department of Natural Resources, one county 
  3.13  commissioner, one county highway engineer, one representative of 
  3.14  a recognized environmental organization, and three members of 
  3.15  the public.  The commissioner shall refer each petition received 
  3.16  under this subdivision to the appropriate advisory committee.  
  3.17  The advisory committee shall consider the petition for 
  3.18  designation and make a recommendation to the commissioner.  
  3.19  Following receipt of the committee's recommendation, the 
  3.20  commissioner may designate the highway as a natural preservation 
  3.21  route.  
  3.22     Sec. 5.  Minnesota Statutes 2002, section 162.07, 
  3.23  subdivision 5, is amended to read: 
  3.24     Subd. 5.  [SCREENING BOARD.] (a) On or before September 1 
  3.25  of each year the county engineer of each county shall forward to 
  3.26  the commissioner, on forms prepared by the commissioner, all 
  3.27  information relating to the mileage, in lane-miles, of the 
  3.28  county state-aid highway system in the county, and the money 
  3.29  needs of the county that the commissioner deems necessary in 
  3.30  order to apportion the county state-aid highway fund in 
  3.31  accordance with the formula heretofore set forth.  Upon receipt 
  3.32  of the information the commissioner shall appoint a board 
  3.33  consisting of the following county engineers: 
  3.34     (1) two county engineers from the metropolitan highway 
  3.35  construction district; 
  3.36     (2) one county engineer from each nonmetropolitan highway 
  4.1   district; and 
  4.2      (3) one additional county engineer from each county with a 
  4.3   population of 175,000 or more.  
  4.4   No county engineer shall be appointed under clause (1) or (2) so 
  4.5   as to serve consecutively for more than four years.  The board 
  4.6   shall investigate and review the information submitted by each 
  4.7   county and shall on or before the first day of November of each 
  4.8   year submit its findings and recommendations in writing as to 
  4.9   each county's lane-mileage and money needs to the commissioner 
  4.10  on a form prepared by the commissioner.  Final determination of 
  4.11  the lane-mileage of each system and the money needs of each 
  4.12  county shall be made by the commissioner.  
  4.13     (b) The committee does not expire.  This paragraph 
  4.14  supersedes any contrary provision of section 15.059, subdivision 
  4.15  5. 
  4.16     Sec. 6.  Minnesota Statutes 2002, section 162.09, 
  4.17  subdivision 2, is amended to read: 
  4.18     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  4.19  be made and promulgated by the commissioner acting with the 
  4.20  advice of a committee which shall be selected by the governing 
  4.21  bodies of such cities, acting through the officers of the 
  4.22  statewide association of municipal officials.  The committee 
  4.23  shall be composed of 12 members, so selected that there shall be 
  4.24  one member from each state highway construction district and in 
  4.25  addition one member from each city of the first class.  Not more 
  4.26  than six members of the committee shall be elected officials of 
  4.27  the cities.  The remaining members of the committee shall be 
  4.28  city engineers.  The committee expires as provided in section 
  4.29  15.059, subdivision 5.  In the event that agreement cannot be 
  4.30  reached on any rule the commissioner's determination shall be 
  4.31  final.  The rules shall be printed and copies thereof shall be 
  4.32  forwarded to the clerks and engineers of the cities.  
  4.33     (b) The committee does not expire.  This paragraph 
  4.34  supersedes any contrary provision of section 15.059, subdivision 
  4.35  5. 
  4.36     Sec. 7.  Minnesota Statutes 2002, section 162.13, 
  5.1   subdivision 3, is amended to read: 
  5.2      Subd. 3.  [SCREENING COMMITTEE.] (a) On or before September 
  5.3   1 of each year, the engineer of each city having a population of 
  5.4   5,000 or more shall forward to the commissioner on forms 
  5.5   prepared by the commissioner, all information relating to the 
  5.6   money needs of the city that the commissioner deems necessary in 
  5.7   order to apportion the municipal state-aid street fund in 
  5.8   accordance with the apportionment formula heretofore set forth.  
  5.9   Upon receipt of the information the commissioner shall appoint a 
  5.10  board of city engineers.  The board shall be composed of one 
  5.11  engineer from each state highway construction district, and in 
  5.12  addition thereto, one engineer from each city of the first 
  5.13  class.  The board shall investigate and review the information 
  5.14  submitted by each city.  On or before November 1 of each year, 
  5.15  the board shall submit its findings and recommendations in 
  5.16  writing as to each city's money needs to the commissioner on a 
  5.17  form prepared by the commissioner.  Final determination of the 
  5.18  money needs of each city shall be made by the commissioner.  In 
  5.19  the event that any city shall fail to submit the information 
  5.20  provided for herein, the commissioner shall estimate the money 
  5.21  needs of the city.  The estimate shall be used in solving the 
  5.22  apportionment formula.  The commissioner may withhold payment of 
  5.23  the amount apportioned to the city until the information is 
  5.24  submitted.  
  5.25     (b) The board does not expire.  This paragraph supersedes 
  5.26  any contrary provision of section 15.059, subdivision 5. 
  5.27     Sec. 8.  Minnesota Statutes 2002, section 169.832, is 
  5.28  amended by adding a subdivision to read: 
  5.29     Subd. 11a.  [WEIGHT-LIMITATION ROUTE DESIGNATION BY LOCAL 
  5.30  GOVERNMENT.] Notwithstanding subdivision 11, the governing body 
  5.31  of a county, statutory or home rule charter city, or town may 
  5.32  designate any street or highway under its jurisdiction that has 
  5.33  been designed and built to carry such weights to carry weight 
  5.34  permitted under sections 169.822 to 169.829.  Designations by 
  5.35  the governing body of a county, statutory or home rule charter 
  5.36  city, or town under this subdivision are not subject to the 
  6.1   approval of the commissioner. 
  6.2      Sec. 9.  Minnesota Statutes 2002, section 174.52, 
  6.3   subdivision 3, is amended to read: 
  6.4      Subd. 3.  [ADVISORY COMMITTEE.] (a) The commissioner shall 
  6.5   establish an advisory committee consisting of five members, 
  6.6   including: 
  6.7      (1) one county commissioner; 
  6.8      (2) one county engineer; 
  6.9      (3) one city engineer; 
  6.10     (4) one city council member or city administrator 
  6.11  representing a city with a population over 5,000; and 
  6.12     (5) one city council member or city administrator 
  6.13  representing a city with a population under 5,000.  The advisory 
  6.14  committee shall provide recommendations to the commissioner 
  6.15  regarding expenditures from the trunk highway corridor projects 
  6.16  account. 
  6.17     (b) The committee does not expire.  This paragraph 
  6.18  supersedes any contrary provision of section 15.059, subdivision 
  6.19  5. 
  6.20     Sec. 10.  [REPEALER.] 
  6.21     Minnesota Statutes 2002, section 174.55, as amended by Laws 
  6.22  2003, First Special Session chapter 19, article 2, section 45, 
  6.23  is repealed. 
  6.24     Sec. 11.  [EFFECTIVE DATE.] 
  6.25     Sections 3, 5, 6, 7, 9, and 10, are effective retroactively 
  6.26  from July 1, 2003.