HF 2598

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; providing for a process to 
  1.3             resolve disputes between a city and county over the 
  1.4             establishment, construction, reconstruction, or 
  1.5             improvement of a county state-aid highway within a 
  1.6             city; amending Minnesota Statutes 1996, section 
  1.7             162.02, subdivision 8a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 162.02, 
  1.10  subdivision 8a, is amended to read: 
  1.11     Subd. 8a.  [DISPUTE RESOLUTION BOARD PROCESS.] (a) If a 
  1.12  city has failed to approve establishment, construction, 
  1.13  reconstruction, or improvement of a county state-aid highway 
  1.14  within its corporate limits under subdivision 7 or 8, the county 
  1.15  board or city council may, by resolution, request the 
  1.16  commissioner to begin a dispute resolution process.  On 
  1.17  receiving the request, the commissioner shall make dispute 
  1.18  resolution resources available to the parties, including, but 
  1.19  not limited to, negotiation, mediation, arbitration, 
  1.20  mediation-arbitration, neutral fact-finding, and minitrials.  
  1.21  The commissioner may assess the parties for the commissioner's 
  1.22  costs in making dispute resolution resources available.  
  1.23     (b) If the process under paragraph (a) does not produce a 
  1.24  resolution that results in the city approving the establishment, 
  1.25  construction, reconstruction, or improvement of the county 
  1.26  state-aid highway within the city, the county board or city 
  2.1   council may by resolution request the commissioner to appoint a 
  2.2   dispute resolution recommendation board consisting of one county 
  2.3   commissioner, one county engineer, one city council member or 
  2.4   city mayor, one city engineer, and one representative of the 
  2.5   department of transportation.  Before reviewing the proposed 
  2.6   change, the board shall determine if the county participated in 
  2.7   good faith in the dispute resolution process under paragraph 
  2.8   (a).  If the board so finds, the board shall review the proposed 
  2.9   change and make a recommendation to the commissioner.  If the 
  2.10  board finds that the county has failed to participate in good 
  2.11  faith in the dispute resolution process under paragraph (a), the 
  2.12  board shall take no action except to recommend to the parties to 
  2.13  return to the dispute resolution process. 
  2.14     (c) Notwithstanding any other law, the commissioner may 
  2.15  approve the establishment, construction, reconstruction, or 
  2.16  improvement of a county state-aid highway recommended by the 
  2.17  board. 
  2.18     Sec. 2.  [EFFECTIVE DATE.] 
  2.19     Section 1 is effective the day following final enactment.