SF 724

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; preserving exempt rules of 
  1.3             department of transportation; clarifying that specific 
  1.4             service signs may be placed at certain intersections 
  1.5             of trunk highways; defining residential roadway; 
  1.6             defining daytime and nighttime; correcting obsolete 
  1.7             reference; repealing deadline requirement for noise 
  1.8             barriers on trunk highway No. 280 project; amending 
  1.9             Minnesota Statutes 1996, sections 14.387; 160.292, 
  1.10            subdivision 5; 169.01, subdivision 81, and by adding 
  1.11            subdivisions; 169.14, subdivision 5d; and 174.51, 
  1.12            subdivision 2; repealing Laws 1994, chapter 635, 
  1.13            article 1, section 35. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 14.387, is 
  1.16  amended to read: 
  1.17     14.387 [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
  1.18     A rule adopted on or before May 26, 1995, and which was not 
  1.19  adopted under sections 14.05 to 14.28 or their predecessor 
  1.20  provisions, does not have the force and effect of law on and 
  1.21  after July 1, 1997, and the authority for the rule expires on 
  1.22  that date.  
  1.23     This section does not apply to: 
  1.24     (1) rules implementing emergency powers under sections 
  1.25  12.31 to 12.37; 
  1.26     (2) rules of agencies directly in the legislative or 
  1.27  judicial branches; 
  1.28     (3) rules of the regents of the University of Minnesota; 
  1.29     (4) rules of the department of military affairs; 
  2.1      (5) rules of the comprehensive health association provided 
  2.2   in section 62E.10; 
  2.3      (6) rules of the tax court provided by section 271.06; 
  2.4      (7) rules concerning only the internal management of the 
  2.5   agency or other agencies, and which do not directly affect the 
  2.6   rights of or procedure available to the public; 
  2.7      (8) rules of the commissioner of corrections relating to 
  2.8   the placement and supervision of inmates serving a supervised 
  2.9   release term, the internal management of institutions under the 
  2.10  commissioner's control, and rules adopted under section 609.105 
  2.11  governing the inmates of those institutions; 
  2.12     (9) rules relating to weight limitations on the use of 
  2.13  highways when the substance of the rules is indicated to the 
  2.14  public by means of signs; 
  2.15     (10) opinions of the attorney general; 
  2.16     (11) the systems architecture plan and long-range plan of 
  2.17  the state education management information system provided by 
  2.18  section 121.931; 
  2.19     (12) the data element dictionary and the annual data 
  2.20  acquisition calendar of the department of children, families and 
  2.21  learning to the extent provided by section 121.932; 
  2.22     (13) the occupational safety and health standards provided 
  2.23  in section 182.655; 
  2.24     (14) revenue notices and tax information bulletins of the 
  2.25  commissioner of revenue; 
  2.26     (15) uniform conveyancing forms adopted by the commissioner 
  2.27  of commerce under section 507.09; 
  2.28     (16) game and fish rules of the commissioner of natural 
  2.29  resources adopted under section 84.027, subdivision 13, or 
  2.30  sections 97A.0451 to 97A.0459; 
  2.31     (17) experimental and special management waters designated 
  2.32  by the commissioner of natural resources under sections 97C.001 
  2.33  and 97C.005; or 
  2.34     (18) game refuges designated by the commissioner of natural 
  2.35  resources under section 97A.085.; or 
  2.36     (19) rules of the commissioner of transportation authorized 
  3.1   pursuant to sections 161.1231, subdivisions 2 and 5 (I-394 
  3.2   parking facilities); 167.50, subdivision 2 (trunk highway 
  3.3   bonds); 169.06, subdivision 1 (traffic sign manual); 174.03, 
  3.4   subdivision 1 (statewide transportation plan, priorities, and 
  3.5   schedule); and 174.51, subdivision 2 (state transportation 
  3.6   bonds). 
  3.7      Sec. 2.  Minnesota Statutes 1996, section 160.292, 
  3.8   subdivision 5, is amended to read: 
  3.9      Subd. 5.  [NONFREEWAY TRUNK HIGHWAY.] "Nonfreeway trunk 
  3.10  highway" means all (1) roadways that are not designated freeways 
  3.11  and that have crossing traffic at grade intersections and (2) 
  3.12  bypasses of outstate municipalities that have interchanges at 
  3.13  intersections of trunk highways with local roads or with other 
  3.14  trunk highways. 
  3.15     Sec. 3.  Minnesota Statutes 1996, section 169.01, 
  3.16  subdivision 81, is amended to read: 
  3.17     Subd. 81.  [RESIDENTIAL ROADWAY.] Residential roadway means 
  3.18  a street or portion of a street that is less than one-quarter 
  3.19  mile in length and is functionally classified by the 
  3.20  commissioner of transportation as a local street by the road 
  3.21  authority having jurisdiction. 
  3.22     Sec. 4.  Minnesota Statutes 1996, section 169.01, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 84.  [DAYTIME.] For purposes of regulating the 
  3.25  operation of a motor vehicle, "daytime" means the time from 
  3.26  one-half hour before sunrise to one-half hour after sunset. 
  3.27     Sec. 5.  Minnesota Statutes 1996, section 169.01, is 
  3.28  amended by adding a subdivision to read: 
  3.29     Subd. 85.  [NIGHTTIME.] For purposes of regulating the 
  3.30  operation of a motor vehicle, "nighttime" means the time from 
  3.31  one-half hour after sunset to one-half hour before sunrise. 
  3.32     Sec. 6.  Minnesota Statutes 1996, section 169.14, 
  3.33  subdivision 5d, is amended to read: 
  3.34     Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
  3.35  commissioner, on trunk highways and temporary trunk highways, 
  3.36  and local authorities, on streets and highways under their 
  4.1   jurisdiction, may authorize the use of reduced maximum speed 
  4.2   limits in highway work zones.  The commissioner or local 
  4.3   authority is not required to conduct an engineering and traffic 
  4.4   investigation before authorizing a reduced speed limit in a 
  4.5   highway work zone. 
  4.6      (b) The minimum highway work zone speed limit is 20 miles 
  4.7   per hour.  The work zone speed limit must not reduce the 
  4.8   established speed limit on the affected street or highway by 
  4.9   more than 15 miles per hour, except that the highway work zone 
  4.10  speed limit shall not exceed 40 miles per hour.  Highway work 
  4.11  zone speed limits are effective on erection of appropriate 
  4.12  regulatory speed limit signs.  The signs must be removed or 
  4.13  covered when they are not required.  A speed greater than the 
  4.14  posted highway work zone speed limit is unlawful.  
  4.15     (c) For purposes of this subdivision, "highway work zone" 
  4.16  means a segment of highway or street where a road authority or 
  4.17  its agent is constructing, reconstructing, or maintaining the 
  4.18  physical structure of the roadway, its shoulders, or features 
  4.19  adjacent to the roadway, including underground and overhead 
  4.20  utilities and highway appurtenances. 
  4.21     (d) Notwithstanding section 609.0331 or 609.101 or other 
  4.22  law to the contrary, a person who violates a speed limit 
  4.23  established under paragraph (b), or who violates any other 
  4.24  provision of this section or section 169.141 while in a highway 
  4.25  work zone, is assessed an additional surcharge equal to the 
  4.26  amount of the fine imposed for the speed violation, but not less 
  4.27  than $25. 
  4.28     Sec. 7.  Minnesota Statutes 1996, section 174.51, 
  4.29  subdivision 2, is amended to read: 
  4.30     Subd. 2.  [SALE; GENERAL OBLIGATIONS.] The bonds shall be 
  4.31  sold upon sealed bids and upon notice, at a price, in form and 
  4.32  denominations, bearing interest at a rate or rates, maturing in 
  4.33  amounts and on dates, without option of prior redemption or 
  4.34  subject to prepayment upon notice and at times and prices, 
  4.35  payable at a bank or banks within or outside the state, with or 
  4.36  without provisions for registration, conversion, exchange, and 
  5.1   issuance of temporary bonds or notes in anticipation of the sale 
  5.2   or delivery of definitive bonds, and in accordance with further 
  5.3   provisions, as the commissioner of finance shall determine 
  5.4   subject to the approval of the attorney general, but not subject 
  5.5   to the provisions of sections 14.02, 14.04 to 14.28, 14.38, 
  5.6   14.44 to 14.45, and 14.57 to 14.62 chapter 14, including section 
  5.7   14.386.  Each bond shall mature within 20 years from its date of 
  5.8   issue and shall be executed by the commissioner of finance and 
  5.9   attested by the state treasurer under their official seals.  The 
  5.10  signatures on the bonds and on any interest coupons and the 
  5.11  seals may be printed or otherwise reproduced, except that each 
  5.12  bond shall be authenticated by the manual signature on its face 
  5.13  of one of the officers or of a person authorized to sign on 
  5.14  behalf of a bank designated by the commissioner of finance as 
  5.15  registrar or other authenticating agent.  The commissioner of 
  5.16  finance shall ascertain and certify to the purchasers of the 
  5.17  bonds the performance and existence of all acts, conditions, and 
  5.18  things necessary to make them valid and binding general 
  5.19  obligations of the state of Minnesota, subject to the approval 
  5.20  of the attorney general. 
  5.21     Sec. 8.  [REPEALER.] 
  5.22     Laws 1994, chapter 635, article 1, section 35, is repealed. 
  5.23     Sec. 9.  [EFFECTIVE DATE.] 
  5.24     Sections 1 to 8 are effective the day following final 
  5.25  enactment.