SF 2399

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; repealing authorization for 
  1.3             construction of future toll roads and bridges; 
  1.4             amending Minnesota Statutes 2002, sections 165.07, 
  1.5             subdivision 4; 165.08, subdivision 3; 165.13; 469.055, 
  1.6             subdivision 9; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 160; repealing Minnesota 
  1.8             Statutes 2002, sections 160.84; 160.85; 160.86; 
  1.9             160.87; 160.88; 160.89; 160.90; 160.91; 160.92; 
  1.10            165.08, subdivision 2; Minnesota Statutes 2003 
  1.11            Supplement, section 160.93. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [160.94] [TOLL FACILITIES PROHIBITED.] 
  1.14     Neither the commissioner nor a local road authority may 
  1.15  impose or authorize the imposition of a toll for the use of a 
  1.16  bridge, a highway, or a highway lane.  This section does not 
  1.17  apply to any toll that was being collected on January 1, 2004. 
  1.18     Sec. 2.  Minnesota Statutes 2002, section 165.07, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [ACQUISITION OF TOLL OR PRIVATELY OWNED BRIDGE.] 
  1.21  Any road authority, including the road authority of any city, 
  1.22  having jurisdiction over any highway or street connecting with 
  1.23  an interstate bridge that is owned privately or operated as a 
  1.24  toll bridge, may acquire the bridge in cooperation with the 
  1.25  authorized authorities of the adjoining state connected by the 
  1.26  bridge, when the road authority determines that the acquisition 
  1.27  is required in the interests of public travel.  The bridge may 
  1.28  be acquired by purchase, gift, or eminent domain proceedings as 
  2.1   provided by law.  A bridge acquired under this section after 
  2.2   December 31, 2003, may not be operated as a toll bridge or other 
  2.3   type of toll facility, unless otherwise required by the federal 
  2.4   government.  
  2.5      Sec. 3.  Minnesota Statutes 2002, section 165.08, 
  2.6   subdivision 3, is amended to read: 
  2.7      Subd. 3.  [ACQUIRING TOLL BRIDGE OWNED BY MINNESOTA 
  2.8   MUNICIPALITY.] When any trunk highway leads to a toll bridge 
  2.9   over boundary waters between this state and an adjoining nation 
  2.10  or province, and such bridge is owned by a municipality of this 
  2.11  state, the commissioner may purchase such bridge and assume the 
  2.12  obligations of any bonds issued for the construction of such 
  2.13  bridge and still outstanding at the time of purchase.  Such 
  2.14  bridge may be purchased under agreement with the adjoining 
  2.15  nation or province, or may be purchased in its entirety with 
  2.16  trunk highway funds.  Upon such purchase made after December 31, 
  2.17  2003, the bridge may be operated only as a free bridge or as a 
  2.18  toll bridge.  If such the bridge was purchased before January 1, 
  2.19  2004, and is operated as a toll bridge, the commissioner may 
  2.20  collect tolls for the use of the bridge in such amounts so as 
  2.21  to, as nearly as practicable, enable the outstanding bonds to be 
  2.22  retired at maturity from the income from such toll charges.  
  2.23     Sec. 4.  Minnesota Statutes 2002, section 165.13, is 
  2.24  amended to read: 
  2.25     165.13 [CLOSED COMBINATION BRIDGE; LEASE OR SALE BY 
  2.26  COUNTY.] 
  2.27     In any county in which a combination railroad and highway 
  2.28  bridge is closed, the county board may lease or purchase such 
  2.29  the bridge.  The subsequent use and operation of the combination 
  2.30  bridge shall conform to and be compatible with the existing uses 
  2.31  adjoining both sides of that bridge.  The county board may 
  2.32  establish and from time to time adjust tolls to be charged for 
  2.33  vehicular use of the bridge at the rate or rates and on the 
  2.34  basis the county board may deem appropriate to provide revenues 
  2.35  sufficient to finance the lease, purchase, operation, repair, 
  2.36  and maintenance of the bridge and toll facilities.  The revenues 
  3.1   from the bridge tolls shall only be used for the lease, 
  3.2   purchase, repair, operation, and maintenance of the bridge and 
  3.3   toll facilities.  Notwithstanding the provisions of this 
  3.4   section, If the state purchases the combination bridge, the 
  3.5   county may lease the bridge from the state by contract.  
  3.6      Sec. 5.  Minnesota Statutes 2002, section 469.055, 
  3.7   subdivision 9, is amended to read: 
  3.8      Subd. 9.  [TUNNELS AND BRIDGES.] (a) A port authority may 
  3.9   acquire, operate, and maintain an existing toll bridge for 
  3.10  vehicles across boundary water between a city of the first class 
  3.11  in the state and another city either in or out of state.  The 
  3.12  authority may also construct, maintain, and operate another 
  3.13  vehicular toll bridge with its approaches across the water at a 
  3.14  point suitable to navigation, and may reconstruct, repair, and 
  3.15  improve both bridges.  
  3.16     (b) The authority may construct, maintain, and operate a 
  3.17  tunnel under the water and reconstruct, repair, and improve it.  
  3.18     (c) A port authority may enter upon lands and acquire, 
  3.19  condemn, occupy, possess, and use real estate and other property 
  3.20  needed to locate, construct, operate, and maintain the bridge or 
  3.21  tunnel and approaches to it.  In doing so, the authority shall 
  3.22  act in the same manner as a railroad corporation may for 
  3.23  railroad purposes, or a bridge corporation may for bridge 
  3.24  purposes in the state where the property is after making just 
  3.25  compensation for the property as decided and paid under the laws 
  3.26  of that state.  The proceedings must be the same as for 
  3.27  condemnation in that state. 
  3.28     (d) Notwithstanding paragraph (a), a bridge acquired under 
  3.29  this subdivision after December 31, 2003, may not be operated as 
  3.30  a toll bridge or other type of toll facility. 
  3.31     Sec. 6.  [REPEALER.] 
  3.32     Minnesota Statutes 2002, sections 160.84; 160.85; 160.86; 
  3.33  160.87; 160.88; 160.89; 160.90; 160.91; 160.92; and 165.08, 
  3.34  subdivision 2; and Minnesota Statutes 2003 Supplement, section 
  3.35  160.93, are repealed. 
  3.36     Sec. 7.  [EFFECTIVE DATE.] 
  4.1      Sections 1 to 6 are effective retroactively from January 1, 
  4.2   2004.