Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 92-S.F.No. 397 
           An act relating to highways; allowing county state-aid 
          highway money to be used for certain equipment for 
          emergency responders; amending Minnesota Statutes 
          1992, section 162.08, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 162.08, 
subdivision 4, is amended to read: 
    Subd. 4.  [PURPOSES; OTHER USES OF MUNICIPAL ACCOUNT 
ALLOCATION.] Except as provided in subdivision 3 money so 
apportioned and allocated to each county shall be used for aid 
in the establishment, location, construction, reconstruction, 
improvement, and maintenance of the county state-aid highway 
system within each county, including the expense of 
commissioner-approved signals and safety devices on such system 
approved by the commissioner county state-aid highways, and 
systems that permit an emergency vehicle operator to activate a 
green traffic signal for the emergency vehicle; provided, that 
in the event of hardship, or in the event that the county 
state-aid highway system of any county is improved to the 
standards set forth in the commissioner's rules, a portion of 
the money apportioned other than the money allocated for 
expenditures within cities having a population of less than 
5,000, may be used on other roads within the county with the 
consent and in accordance with the commissioner's rules.  If the 
portion of the county state-aid highway system lying within 
cities having a population of less than 5,000 is improved to the 
standard set forth in the commissioner's rules, a portion of the 
money credited to the municipal account may be used on other 
county highways or other streets lying within such cities.  Upon 
the authorization of the commissioner, a county may expend 
accumulated municipal account funds on county state-aid highways 
within the county outside of cities having a population of less 
than 5,000. The commissioner shall authorize the expenditure if: 
    (a) the county submits a written request to the 
commissioner and holds a hearing within 30 days of the request 
to receive and consider any objections by the governing bodies 
of cities within the county having a population of less than 
5,000; and 
    (b) no written objection is filed with the commissioner by 
any such city within 14 days of that hearing as provided in this 
subdivision. 
    The county shall notify all of the cities of the public 
hearing by certified mail and shall notify the commissioner in 
writing of the results of the hearing and any objections to the 
use of the funds as requested by the county. 
    If, within 14 days of the hearing, a city having a 
population of less than 5,000 files a written objection with the 
commissioner identifying a specific county state-aid highway 
within the city which is requested for improvement, the 
commissioner shall investigate the nature of the requested 
improvement.  Notwithstanding clause (b), the commissioner may 
authorize the expenditure requested by the county if:  (1) the 
identified highway is not deficient in meeting minimum state-aid 
street standards; or (2) the county shows evidence that the 
identified highway has been programmed for construction in the 
county's five-year capital improvement budget in a manner 
consistent with the county's transportation plan; or (3) there 
are conditions created by or within the city and beyond the 
control of the county that prohibit programming or constructing 
the identified highway. 
    Authorization by the commissioner for use of municipal 
account funds on county state-aid highways outside of cities 
having a population of less than 5,000 shall be applicable only 
to the county's accumulated and current year allocation.  Future 
municipal account allocations shall be used as directed by law 
unless subsequent requests are made by the county and approved 
in accordance with the provisions of this section. 
    Presented to the governor May 3, 1993 
    Signed by the governor May 5, 1993, 6:10 p.m.