SF 3191

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; abolishing provisions 
  1.3             related to joint county state-aid highway and 
  1.4             municipal state-aid street status; deleting 
  1.5             requirement for department of transportation to send 
  1.6             copies of certain rules to county auditors; abolishing 
  1.7             requirement that department of transportation maintain 
  1.8             a list of highway engineers; changing an effective 
  1.9             date; abolishing obsolete statute related to highway 
  1.10            jurisdiction studies; repealing authority of 
  1.11            commissioner of transportation over pipeline carriers; 
  1.12            repealing rules governing design standards of 
  1.13            driveways next to highways; amending Minnesota 
  1.14            Statutes 2000, sections 162.02, subdivisions 1, 2, 4; 
  1.15            162.09, subdivision 1; 163.07, subdivision 2; 
  1.16            Minnesota Statutes 2001 Supplement, section 174.64, 
  1.17            subdivision 4; repealing Minnesota Statutes 2000, 
  1.18            sections 162.09, subdivision 5; 174.031; 221.54; 
  1.19            Minnesota Statutes 2001 Supplement, section 221.55; 
  1.20            Minnesota Rules, parts 8810.4200; 8810.4500; 
  1.21            8810.4600; 8810.4700; 8810.4800; 8810.4900; 8810.5000; 
  1.22            8810.5100; 8810.5500; 8810.9920; 8810.9921. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 2000, section 162.02, 
  1.25  subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [CREATION.] There is created a county 
  1.27  state-aid highway system which must be established, located, 
  1.28  constructed, reconstructed, improved, and maintained as public 
  1.29  highways by the counties under rules not inconsistent with this 
  1.30  section made and promulgated by the commissioner as provided in 
  1.31  this chapter.  The counties are vested with the rights, title, 
  1.32  easements, and their appurtenances, held by or vested in any of 
  1.33  the towns or municipal subdivisions or dedicated to the public 
  1.34  use prior to the time a road or portion of a road is taken over 
  2.1   by the county as a county state-aid highway.  If a county 
  2.2   state-aid highway is established over a center portion of a 
  2.3   street in a city having a population of 5,000 or more, then the 
  2.4   remaining portion of the street may be established as a 
  2.5   municipal state-aid street. 
  2.6      Sec. 2.  Minnesota Statutes 2000, section 162.02, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [RULES; ADVISORY COMMITTEE.] The rules shall be 
  2.9   made and promulgated by the commissioner acting with the advice 
  2.10  of a committee which shall be selected by the several county 
  2.11  boards acting through the officers of the statewide association 
  2.12  of county commissioners.  The committee shall be composed of 
  2.13  nine members so selected that each member shall be from a 
  2.14  different state highway construction district.  Not more than 
  2.15  five of the nine members of the committee shall be county 
  2.16  commissioners.  The remaining members shall be county highway 
  2.17  engineers.  The committee expires as provided in section 15.059, 
  2.18  subdivision 5.  In the event that agreement cannot be reached on 
  2.19  any rule the commissioner's determination shall be final.  The 
  2.20  rules shall be printed and copies thereof shall be forwarded to 
  2.21  the county auditors and the county engineers of the several 
  2.22  counties.  
  2.23     Sec. 3.  Minnesota Statutes 2000, section 162.02, 
  2.24  subdivision 4, is amended to read: 
  2.25     Subd. 4.  [LOCATION AND ESTABLISHMENT; COMMISSIONER'S 
  2.26  REVIEW.] The county boards of the several counties shall by 
  2.27  resolution and subject to the concurrence of the commissioner 
  2.28  locate and establish a system of county state-aid highways in 
  2.29  accordance with the rules made and promulgated by the 
  2.30  commissioner.  It shall be the duty of the commissioner to 
  2.31  review each system considering the availability of funds and the 
  2.32  desirability of each system in relation to an integrated and 
  2.33  coordinated system of highways.  After review the commissioner 
  2.34  shall by written order approve each system or any part thereof 
  2.35  which in the commissioner's judgment is feasible and desirable.  
  2.36  A certified copy of the order shall be filed with the county 
  3.1   auditor and the county engineer. 
  3.2      Sec. 4.  Minnesota Statutes 2000, section 162.09, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [CREATION; MILEAGE LIMITATION; RULES.] 
  3.5   There is created a municipal state-aid street system within 
  3.6   statutory and home rule charter cities having a population of 
  3.7   5,000 or more.  The extent of the municipal state-aid street 
  3.8   system for a city shall not exceed:  (1) 20 percent of the total 
  3.9   miles of city streets and county roads partially or totally 
  3.10  within the jurisdiction of that city, plus (2) the mileage of 
  3.11  all trunk highways reverted or turned back to the jurisdiction 
  3.12  of the city pursuant to law on and after July 1, 1965, plus (3) 
  3.13  the mileage of county highways reverted or turned back to the 
  3.14  jurisdiction of the city pursuant to law on or after May 11, 
  3.15  1994.  For purposes of this subdivision, the total miles of city 
  3.16  streets and county roads within the jurisdiction of a city 
  3.17  includes all miles of county highways turned back to that city's 
  3.18  jurisdiction on or after May 11, 1994.  The system shall be 
  3.19  established, located, constructed, reconstructed, improved, and 
  3.20  maintained as public highways partially or totally within such 
  3.21  cities under rules, not inconsistent with this section, made and 
  3.22  promulgated by the commissioner as hereinafter provided. 
  3.23     Sec. 5.  Minnesota Statutes 2000, section 163.07, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [QUALIFICATIONS, SALARY AND TERM.] The county 
  3.26  highway engineer shall be a registered highway or civil 
  3.27  engineer, registered under the laws of the state of Minnesota.  
  3.28  The county highway engineer may be selected from a list of 
  3.29  eligible registered highway engineers prepared by the 
  3.30  commissioner of transportation.  The list shall be submitted by 
  3.31  the commissioner of transportation to any county board 
  3.32  requesting same.  The county board may appoint a new county 
  3.33  engineer for a term of only one year.  All reappointments shall 
  3.34  be for a term of four years, and shall be made in May of the 
  3.35  year in which the term expires.  The county highway engineer 
  3.36  shall be a citizen and resident of this state.  The county 
  4.1   highway engineer's salary shall be fixed by the county board and 
  4.2   shall be payable the same as other county officers are paid.  
  4.3   The salary shall not be reduced during the county highway 
  4.4   engineer's term of office. 
  4.5      Sec. 6.  Minnesota Statutes 2001 Supplement, section 
  4.6   174.64, subdivision 4, is amended to read: 
  4.7      Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
  4.8   within the commissioner's jurisdiction, the commissioner shall 
  4.9   receive, hear, and determine all petitions filed with the 
  4.10  commissioner in accordance with the procedures established by 
  4.11  law and may hold hearings and make determinations upon the 
  4.12  commissioner's own motion to the same extent, and in every 
  4.13  instance, in which the commissioner may do so upon petition.  
  4.14  Upon receiving petitions a petition filed pursuant to sections 
  4.15  section 221.121, subdivision 1, or 221.151, and 221.55, the 
  4.16  commissioner shall give notice of the filing of the petition to 
  4.17  representatives of associations or other interested groups or 
  4.18  persons who have registered their names with the commissioner 
  4.19  for that purpose and to whomever the commissioner deems to be 
  4.20  interested in the petition.  The commissioner may grant or deny 
  4.21  the request of the petition 30 days after notice of the filing 
  4.22  has been fully given.  If the commissioner receives a written 
  4.23  objection and notice of intent to appear at a hearing to object 
  4.24  to the petition from any person within 20 days of the notice 
  4.25  having been fully given, the request of the petition must be 
  4.26  granted or denied only after a contested case hearing has been 
  4.27  conducted on the petition, unless the objection is withdrawn 
  4.28  before the hearing.  The commissioner may elect to hold a 
  4.29  contested case hearing if no objections to the petition are 
  4.30  received.  If a timely objection is not received, or if received 
  4.31  and withdrawn, and the request of the petition is denied without 
  4.32  hearing, the petitioner may request within 30 days of receiving 
  4.33  the notice of denial, and must be granted, a contested case 
  4.34  hearing on the petition. 
  4.35     Sec. 7.  [LAWS 2002 EFFECTIVE DATE.] 
  4.36     Laws 2002, chapter 220, article 10, section 37, as amended 
  5.1   by Laws 2002, chapter 364, section 30, is effective the day 
  5.2   following final enactment. 
  5.3      Sec. 8.  [REPEALER.] 
  5.4      Subdivision 1.  [STATUTES.] Minnesota Statutes 2000, 
  5.5   sections 162.09, subdivision 5; 174.031; and 221.54, are 
  5.6   repealed.  Minnesota Statutes 2001 Supplement, section 221.55, 
  5.7   is repealed. 
  5.8      Subd. 2.  [RULES.] Minnesota Rules, parts 8810.4200, 
  5.9   8810.4500, 8810.4600, 8810.4700, 8810.4800, 8810.4900, 
  5.10  8810.5000, 8810.5100, 8810.5500, 8810.9920, and 8810.9921, are 
  5.11  repealed.