HF 2627

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; modifying provisions 
  1.3             regulating highway safety rest areas and travel 
  1.4             information centers; appropriating money; making 
  1.5             technical and clarifying changes; amending Minnesota 
  1.6             Statutes 2002, sections 160.08, subdivision 7; 
  1.7             160.276; 160.277; 160.278; 160.28; 161.23, subdivision 
  1.8             3; 161.433, subdivision 2; 161.434; proposing coding 
  1.9             for new law in Minnesota Statutes, chapter 160. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 160.08, 
  1.12  subdivision 7, is amended to read: 
  1.13     Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
  1.14  RIGHT-OF-WAY.] No commercial establishment, including but not 
  1.15  limited to automotive service stations, for serving motor 
  1.16  vehicle users shall be constructed or located within the 
  1.17  right-of-way of, or on publicly owned or publicly leased land 
  1.18  acquired or used for or in connection with, a controlled access 
  1.19  highway; except that (1) structures may be built within safety 
  1.20  rest and tourist travel information center areas; (2) space 
  1.21  within state-owned buildings in those areas may be leased for 
  1.22  the purpose of providing information to travelers 
  1.23  through commercial and public service advertising under 
  1.24  franchise agreements as provided in sections section 160.276 to 
  1.25  160.278; (3) advertising signs may be erected within the 
  1.26  right-of-way of interstate or controlled-access trunk highways 
  1.27  by franchise agreements under section 160.80; and (4) vending 
  2.1   machines may be placed in rest areas, tourist travel information 
  2.2   centers, or weigh stations constructed or located within trunk 
  2.3   highway rights-of-way; and (5) acknowledgment signs may be 
  2.4   erected under sections 160.272 and 160.2735.  
  2.5      Sec. 2.  [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION 
  2.6   CENTER LEASES.] 
  2.7      Subdivision 1.  [LEASE AGREEMENTS.] (a) Except as provided 
  2.8   in subdivision 3, and notwithstanding any other law to the 
  2.9   contrary, the commissioner may enter into lease agreements 
  2.10  through negotiations with public or not-for-profit entities or 
  2.11  through best value, as defined in section 16C.02, subdivision 4, 
  2.12  with private entities relating to the use of safety rest areas 
  2.13  and travel information centers. 
  2.14     For purposes of this section, "private entity" means a 
  2.15  chamber of commerce, a tourist and visitors bureau, or other 
  2.16  organization that exists to promote tourism and economic 
  2.17  development. 
  2.18     (b) A lease under this subdivision may: 
  2.19     (1) with the approval of the commissioner of 
  2.20  administration, prescribe a lease term length of up to 20 years, 
  2.21  with options for renewal; 
  2.22     (2) allow the lessee to operate a safety rest area facility 
  2.23  in whole or in part; 
  2.24     (3) allow the lessee to offer for sale products or services 
  2.25  under section 160.2725; and 
  2.26     (4) allow the lessee to add leasehold improvements to the 
  2.27  site after approval by the commissioner. 
  2.28     (c) A lease agreement for a safety rest area is subject to 
  2.29  section 160.28, subdivision 2, regarding vending at safety rest 
  2.30  areas. 
  2.31     (d) A lease agreement must include terms that promote and 
  2.32  encourage the employment of needy elderly persons according to 
  2.33  section 160.282. 
  2.34     (e) The commissioner may publicly acknowledge the lessee 
  2.35  and may erect signs adjacent to the main travel lanes of a 
  2.36  highway acknowledging the lessee.  Acknowledgement on the 
  3.1   mainline may consist of placement of up to one sign for each 
  3.2   direction of traffic served.  The placement of signs shall only 
  3.3   be allowed (1) as approved through the Manual on Uniform Traffic 
  3.4   Control Devices process for experimentation, (2) in accordance 
  3.5   with federal standards and policies, and (3) so that no sign 
  3.6   exceeds 100 square feet.  No more than three acknowledgment 
  3.7   signs or displays may be placed at any one rest area, in 
  3.8   addition to the mainline signs. 
  3.9      Subd. 2.  [REVENUES DEPOSITED.] The commissioner shall 
  3.10  deposit revenues from leases authorized under this section into 
  3.11  the safety rest area account established in section 160.2745. 
  3.12     Subd. 3.  [APPLICATION TO OTHER LAW.] Nothing in this 
  3.13  section affects existing contracts under section 248.07 or their 
  3.14  renewal. 
  3.15     Sec. 3.  [160.2725] [SALES AT SAFETY REST AREAS.] 
  3.16     Subdivision 1.  [SALES AUTHORIZED.] Notwithstanding section 
  3.17  160.08, the commissioner may sell travel and tourism-related 
  3.18  publications and maps and travel and tourism-related merchandise 
  3.19  and services.  The commissioner may rent or sell items for the 
  3.20  convenience of persons using safety rest areas, including 
  3.21  lottery tickets, local attraction tickets, and permits and 
  3.22  licenses issued by units of government.  Notwithstanding section 
  3.23  16A.1285, the commissioner of transportation may collect a 
  3.24  service fee for the sale of lottery tickets, local attraction 
  3.25  tickets, and permits and licenses. 
  3.26     Merchandise that competes with vending machine sales 
  3.27  authorized under section 160.28, subdivision 2, is subject to 
  3.28  the provisions of subdivision 5. 
  3.29     Subd. 2.  [ADVERTISING.] The commissioner may advertise the 
  3.30  availability of a program or item offered under this section. 
  3.31     Subd. 3.  [SOFTWARE SALES.] Notwithstanding section 16B.405 
  3.32  or 160.08, the commissioner may sell or license intellectual 
  3.33  property and software products or services developed by a 
  3.34  government unit or custom-developed by a vendor for a government 
  3.35  unit. 
  3.36     Subd. 4.  [REVENUES DEPOSITED.] Money received by the 
  4.1   commissioner under this section must be deposited in the safety 
  4.2   rest area account established in section 160.2745. 
  4.3      Subd. 5.  [COMPETING MERCHANDISE.] The commissioner and the 
  4.4   designated state licensing agency authorized under United States 
  4.5   Code, title 20, sections 107 to 107e, shall enter into an 
  4.6   interagency agreement before rest areas are leased or before 
  4.7   nonvending machine sales occur at rest areas.  The interagency 
  4.8   agreement must identify what constitutes competing merchandise 
  4.9   and establish policies and procedures related to the sale of 
  4.10  competing merchandise at rest areas. 
  4.11     Sec. 4.  [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 
  4.12     Subdivision 1.  [SPONSORSHIP PROGRAM.] The commissioner may 
  4.13  enter into agreements for public or private sponsorship of 
  4.14  highway safety rest areas by transportation and tourism-related 
  4.15  entities.  The commissioner may publicly acknowledge sponsors 
  4.16  and may erect signs adjacent to the main travel lanes of a 
  4.17  highway acknowledging the sponsors.  Acknowledgement on the 
  4.18  mainline may consist of placement of up to one sign for each 
  4.19  direction of traffic served.  The placement of signs shall only 
  4.20  be allowed (1) as approved through the Manual on Uniform Traffic 
  4.21  Control Devices process for experimentation, (2) in accordance 
  4.22  with federal standards and policies, and (3) so that no sign 
  4.23  exceeds 100 square feet.  No more than three acknowledgment 
  4.24  signs or displays may be placed at any one rest area, in 
  4.25  addition to the mainline signs. 
  4.26     Subd. 2.  [REVENUE.] The commissioner shall deposit revenue 
  4.27  from the sponsorship program to the safety rest area account 
  4.28  established in section 160.2745. 
  4.29     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
  4.30  action under this section that would result in the loss of 
  4.31  federal highway funds or require the payment of highway funds to 
  4.32  the federal government. 
  4.33     Sec. 5.  [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 
  4.34     Subdivision 1.  [EXCEPTION.] Notwithstanding section 
  4.35  161.44, subdivisions 2 through 4, the commissioner is not 
  4.36  required to offer to reconvey land no longer needed for safety 
  5.1   rest area purposes if the land was acquired by the commissioner 
  5.2   at least ten years before the commissioner sells the land. 
  5.3      Subd. 2.  [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 
  5.4   from the sale of real estate and buildings under this section 
  5.5   must be paid into the safety rest area account established in 
  5.6   section 160.2745 and are appropriated to the commissioner (1) 
  5.7   for the actual cost of selling the real estate or buildings, (2) 
  5.8   for the fees required to be paid under sections 161.23 and 
  5.9   161.44, and (3) as provided in section 160.2745. 
  5.10     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
  5.11  action under this section that would result in the loss of 
  5.12  federal highway funds or require the payment of highway funds to 
  5.13  the federal government. 
  5.14     Sec. 6.  [160.2745] [SAFETY REST AREA ACCOUNT.] 
  5.15     Subdivision 1.  [ACCOUNT ESTABLISHED.] A safety rest area 
  5.16  account is established in the trunk highway fund.  Funds in the 
  5.17  account are available until expended. 
  5.18     Subd. 2.  [DEPOSITS.] The commissioner shall deposit in the 
  5.19  safety rest area account revenue received from leasing or 
  5.20  sponsoring safety rest areas, advertising at safety rest areas, 
  5.21  selling safety rest area property and lands, and other revenue 
  5.22  generated with respect to safety rest areas. 
  5.23     Subd. 3.  [EXPENDITURES.] Money in the account is 
  5.24  appropriated to the commissioner.  The commissioner may spend 
  5.25  proceeds of the account for safety rest areas, including program 
  5.26  administration, maintenance and operations, development and 
  5.27  improvements, and services to customers.  
  5.28     Sec. 7.  Minnesota Statutes 2002, section 160.276, is 
  5.29  amended to read: 
  5.30     160.276 [TRAVEL INFORMATION FRANCHISE ADVERTISING PROGRAM.] 
  5.31     Subdivision 1.  [ESTABLISHED LEASING ADVERTISING SPACE.] 
  5.32  The commissioner of transportation shall establish a franchise 
  5.33  program to may lease advertising space within tourist travel 
  5.34  information centers and safety rest areas for the purpose of 
  5.35  providing information to travelers through travel-related 
  5.36  commercial and public service advertising.  
  6.1      Subd. 2.  [INITIAL PHASE.] The program may, in its initial 
  6.2   phase, utilize space within existing publicly owned buildings 
  6.3   and shelters in safety rest areas and tourist information 
  6.4   centers.  This phase shall be operational by May 1, 1981.  
  6.5   Franchises for this phase shall be ready to let by January 1, 
  6.6   1981.  
  6.7      Subd. 3.  [INFORMATION FACILITIES.] The program 
  6.8   commissioner may also include franchises for the construction, 
  6.9   operation and maintenance of contract to permit a vendor to 
  6.10  construct, operate, and maintain additional information 
  6.11  structures by and at the expense of the franchisee vendor on 
  6.12  state-owned lands within safety rest areas or tourist travel 
  6.13  information center areas.  All structures constructed by 
  6.14  the franchisee shall vendor must meet or exceed specifications 
  6.15  prescribed by the commissioner of transportation and shall must 
  6.16  satisfy the requirements of the State Building Code for 
  6.17  accessibility by the physically handicapped.  The vendor shall 
  6.18  design all structures shall be designed to enhance their the 
  6.19  site and shall be aesthetically compatible surroundings in a 
  6.20  manner harmonious with the natural environment as determined by 
  6.21  the commissioner.  
  6.22     Subd. 4.  [SITES; ADVERTISING.] The commissioner shall 
  6.23  determine the sites to be included in this program and shall 
  6.24  also determine if the advertising display at each site is to be 
  6.25  inside or outside of any buildings or shelters the extent and 
  6.26  location of space available for advertising in each facility.  
  6.27     Subd. 5.  [OFFICE OF TOURISM.] The commissioner shall 
  6.28  provide space free of charge to the Office of Tourism for travel 
  6.29  information centers.  The commissioner shall not charge the 
  6.30  Office of Tourism for any regular expenses associated with the 
  6.31  operation of the travel information centers.  The commissioner 
  6.32  shall provide highway maps free of charge for use and 
  6.33  distribution through the travel information centers.  
  6.34     Sec. 8.  Minnesota Statutes 2002, section 160.277, is 
  6.35  amended to read: 
  6.36     160.277 [COMMISSIONER TO GRANT FRANCHISES.] 
  7.1      Subdivision 1.  [PROCEDURE; AGREEMENT.] The commissioner of 
  7.2   transportation, by public negotiation or bid, shall grant 
  7.3   franchises enter into agreements for the purposes of section 
  7.4   160.276.  Each franchise agreement shall include the safety rest 
  7.5   areas and tourist information centers in a geographical area 
  7.6   comprising approximately one-quarter of the land area of the 
  7.7   state.  The franchise agreement shall insure that the franchisee 
  7.8   provide services throughout the area in as many tourist 
  7.9   information centers and safety rest areas as are reasonably 
  7.10  necessary for the convenience of travelers.  
  7.11     Subd. 2.  [INSURANCE.] The commissioner of transportation 
  7.12  shall require the franchisee vendor to obtain liability 
  7.13  insurance in an amount prescribed by the commissioner jointly 
  7.14  insuring the state and the franchisee vendor against any and all 
  7.15  liability for claims for damage occurring wholly or partly 
  7.16  because of the existence of the franchise vendor contract.  
  7.17     Subd. 3.  [REVENUE.] The franchise agreement may provide 
  7.18  that the vendor pay a percentage portion of the gross revenues 
  7.19  derived from advertising shall.  These revenues must be paid to 
  7.20  the state for deposit in the trunk highway fund safety rest area 
  7.21  account established in section 160.2745.  The commissioner of 
  7.22  transportation and director of the Office of Tourism may enter 
  7.23  into an interagency agreement to define the distribution of the 
  7.24  revenues generated in this section. 
  7.25     Sec. 9.  Minnesota Statutes 2002, section 160.278, is 
  7.26  amended to read: 
  7.27     160.278 [ADDITIONAL FRANCHISE PROVISIONS.] 
  7.28     Subdivision 1.  [AGREEMENT REQUIREMENTS.] Each franchise 
  7.29  vendor agreement shall must contain the following provisions:  
  7.30     (a) (1) that the franchisee vendor shall comply with Code 
  7.31  of Federal Regulations, title 23, section 252 752 and subsequent 
  7.32  revisions pertaining to privately operated information systems; 
  7.33     (b) (2) that at least 40 percent of the commercial 
  7.34  advertising space shall must be offered initially for a 
  7.35  reasonable period of time to local advertisers who provide 
  7.36  services for travelers within a 60-mile radius of the safety 
  8.1   rest area or tourist travel information center; 
  8.2      (c) (3) that the franchisees vendor shall make appropriate 
  8.3   marketing efforts in an attempt to lease at least 40 percent of 
  8.4   the commercial advertising space to local advertisers; and 
  8.5      (d) (4) reasonable performance standards, and maintenance 
  8.6   standards for structures constructed by the franchisee. vendor; 
  8.7   and 
  8.8      Subd. 2.  [ADVERTISING SPACE LIMITATIONS.] The franchise 
  8.9   agreement shall impose (5) limitations on advertising space 
  8.10  within state-owned buildings or on state-owned property in 
  8.11  safety rest areas and tourist travel information centers.  
  8.12     Subd. 3.  [REASONABLE TERMS AND CONDITIONS.] The 
  8.13  commissioner of transportation may require additional reasonable 
  8.14  terms and conditions to be included in the franchise vendor 
  8.15  agreement, including but not limited to, provisions governing 
  8.16  the renewal and termination of the agreement, and, in the event 
  8.17  of termination, the rights of the state and the franchisee 
  8.18  vendor in advertising contracts and in buildings constructed by 
  8.19  the franchisee vendor. 
  8.20     Sec. 10.  Minnesota Statutes 2002, section 160.28, is 
  8.21  amended to read: 
  8.22     160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 
  8.23     Subdivision 1.  [SAFETY REST AREAS; TOURIST TRAVEL 
  8.24  INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 
  8.25  contrary notwithstanding, the commissioner of transportation is 
  8.26  hereby authorized to cause to be prepared may have plans and, 
  8.27  specifications, and detailed designs prepared for the 
  8.28  construction of buildings and facilities for highway safety rest 
  8.29  areas, tourist travel information centers in combination with 
  8.30  rest areas, and weigh stations when the commissioner deems these 
  8.31  buildings and facilities to be necessary in the interest of 
  8.32  safety and convenient public travel on highways. 
  8.33     Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
  8.34  notwithstanding, the commissioner may contract for or authorize 
  8.35  the placement of vending machines dispensing food, nonalcoholic 
  8.36  beverages, or milk, or other items the commissioner deems 
  9.1   appropriate and desirable in highway safety rest areas, tourist 
  9.2   travel information centers, and weigh stations on marked 
  9.3   interstate highways and primary trunk highways.  The 
  9.4   commissioner shall only place vending machines operated under 
  9.5   United States Code, title 20, sections 107 to 107e and as 
  9.6   provided in section 248.07. 
  9.7      Sec. 11.  Minnesota Statutes 2002, section 161.23, 
  9.8   subdivision 3, is amended to read: 
  9.9      Subd. 3.  [LEASING.] The commissioner may lease for the 
  9.10  term between the acquisition and sale thereof and for a fair 
  9.11  rental rate and upon such terms and conditions as the 
  9.12  commissioner deems proper, any excess real estate acquired under 
  9.13  this section, and any real estate acquired in fee for trunk 
  9.14  highway purposes and not presently needed for those purposes.  
  9.15  All rents received from the leases must be paid into the state 
  9.16  treasury.  Seventy percent of the rents must be credited to the 
  9.17  trunk highway fund.  The remaining 30 percent must be paid to 
  9.18  the county treasurer where the real estate is located, and 
  9.19  distributed in the same manner as real estate taxes.  This 
  9.20  subdivision does not apply to real estate leased for the purpose 
  9.21  of providing commercial and public service advertising pursuant 
  9.22  to franchise agreements as provided in sections 160.276 160.272 
  9.23  to 160.278 or to fees collected under section 174.70, 
  9.24  subdivision 2. 
  9.25     Sec. 12.  Minnesota Statutes 2002, section 161.433, 
  9.26  subdivision 2, is amended to read: 
  9.27     Subd. 2.  [CONSIDERATION FOR USE.] The consideration paid 
  9.28  for the use of airspace or subsurface areas shall be determined 
  9.29  by the commissioner, but in no event shall it be less than a 
  9.30  fair rental rate, and shall include costs for the erection and 
  9.31  maintenance of any facilities or other costs occasioned by that 
  9.32  use.  All moneys received shall be paid into the trunk highway 
  9.33  fund.  This subdivision does not apply to real estate leased for 
  9.34  the purpose of providing commercial and public service 
  9.35  advertising pursuant to franchise agreements as provided in 
  9.36  sections 160.276 160.272 to 160.278.  
 10.1      Sec. 13.  Minnesota Statutes 2002, section 161.434, is 
 10.2   amended to read: 
 10.3      161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 
 10.4   LIMITED USE.] 
 10.5      The commissioner may also make such arrangements and 
 10.6   agreements as the commissioner deems necessary in the public 
 10.7   interest for the limited use of land owned as interstate or 
 10.8   trunk highway right-of-way, which use shall be for highway 
 10.9   purposes, including aesthetic purposes, but not including the 
 10.10  erection of permanent buildings, except buildings or structures 
 10.11  erected for the purpose of providing information to travelers 
 10.12  through commercial and public service advertising pursuant to 
 10.13  franchise agreements as provided in sections 160.276 160.272 to 
 10.14  160.278.  The commissioner shall secure the approval of the 
 10.15  appropriate federal agency where such approval is required. 
 10.16     Sec. 14.  [INSTRUCTION TO REVISOR.] 
 10.17     The revisor of statutes shall renumber each section or 
 10.18  subdivision of Minnesota Statutes listed in column A with the 
 10.19  number listed in column B.  The revisor shall also make 
 10.20  necessary cross-reference changes consistent with the 
 10.21  renumbering. 
 10.22             Column A                     Column B
 10.23             160.27, subdivision 5        160.2715
 10.24             160.277, subdivision 1       160.276, subdivision 2a
 10.25             160.277, subdivision 2       160.276, subdivision 3a
 10.26             160.277, subdivision 3       160.276, subdivision 8
 10.27             160.278, subdivision 1       160.276, subdivision 6
 10.28             160.278, subdivision 3       160.276, subdivision 7
 10.29             160.28, subdivision 2        160.273