SF 2387

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; modifying provisions relating to 
  1.3             telecommunications access to interstate highway 
  1.4             rights-of-way; amending Minnesota Statutes 2000, 
  1.5             section 161.45, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 161.45, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [RULES.] Electric transmission, telephone 
  1.10  or telegraph lines, pole lines, community antenna television 
  1.11  lines, railways, ditches, sewers, water, heat or gas mains, gas 
  1.12  and other pipe lines, flumes, or other structures which, under 
  1.13  the laws of this state or the ordinance of any city, may be 
  1.14  constructed, placed, or maintained across or along any trunk 
  1.15  highway, or the roadway thereof, by any person, persons, 
  1.16  corporation, or any subdivision of the state, may be so 
  1.17  maintained or hereafter constructed only in accordance with such 
  1.18  rules as may be prescribed by the commissioner who shall have 
  1.19  power to prescribe and enforce reasonable rules with reference 
  1.20  to the placing and maintaining along, across, or in any such 
  1.21  trunk highway of any of the utilities hereinbefore set forth.  A 
  1.22  telecommunications right-of-way user, as defined in section 
  1.23  237.162, subdivision 4, may place, construct, or maintain 
  1.24  telecommunications facilities across or along an interstate 
  1.25  highway right-of-way, notwithstanding any contrary provision of 
  2.1   Minnesota Rules, part 8810.3300, subpart 4.  Nothing herein 
  2.2   shall restrict the actions of public authorities in 
  2.3   extraordinary emergencies nor restrict the power and authority 
  2.4   of the department of public service as provided for in other 
  2.5   provisions of law.  Provided, however, that in the event any 
  2.6   local subdivision of government has enacted ordinances relating 
  2.7   to the method of installation or requiring underground 
  2.8   installation of such community antenna television lines, the 
  2.9   permit granted by the commissioner of transportation shall 
  2.10  require compliance with such local ordinance.