Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 295-S.F.No. 2263
An act relating to transportation; providing for
cost-sharing agreements with tribal authorities;
authorizing commissioner of transportation to require
electronic bids for highway contracts valued at
$5,000,000 or more; providing for or changing
expiration of certain transportation-related
committees; authorizing local governments to designate
roads for transporting permitted weights; providing
for seasonal load restrictions on gravel roads;
modifying bond requirements for certain vehicle
dealers; modifying gross vehicle weight restrictions;
setting a permit fee for certain vehicles; modifying
interstate vehicle registration provisions; providing
for certain license endorsement background checks;
modifying driver's license fee provisions; defining
agency for purposes of certain forfeitures; modifying
highway rest area and land management provisions;
making technical changes; amending Minnesota Statutes
2002, sections 160.08, subdivision 7; 160.276;
160.277; 160.278; 160.28; 161.23, subdivision 3;
161.32, subdivision 1b; 161.433, subdivision 2;
161.434; 162.021, subdivision 5; 162.07, subdivision
5; 162.09, subdivision 2; 162.13, subdivision 3;
168.187, by adding a subdivision; 168.27, subdivision
24; 169.832, by adding a subdivision; 174.52,
subdivision 3; 609.531, subdivision 1; Minnesota
Statutes 2003 Supplement, sections 161.368; 162.02,
subdivision 2; 169.86, subdivision 5; 171.20,
subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 160; 169; 171; repealing
Minnesota Statutes 2002, section 174.55, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION MISCELLANEOUS
Section 1. Minnesota Statutes 2003 Supplement, section
161.368, is amended to read:
161.368 [HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.]
On behalf of the state, the commissioner may enter into
cost-sharing agreements with Indian tribal authorities for the
purpose of providing maintenance, design, and construction to
highways on tribal lands. These agreements may include (1) a
provision for waiver of immunity from suit by a party to the
contract on the part of the tribal authority with respect to any
controversy arising out of the contract and (2) a provision
conferring jurisdiction on state district courts to hear such a
controversy.
Sec. 2. Minnesota Statutes 2002, section 161.32,
subdivision 1b, is amended to read:
Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit
bids electronically in a form and manner required by the
commissioner; however, the commissioner may require that all
bids of $5,000,000 and over for trunk highway contracts must be
submitted electronically. Trunk highway construction contracts,
including design-build contracts, must be awarded to the lowest
responsible bidder, taking into consideration conformity with
the specifications, the purpose for which the contract or
purchase is intended, the status and capability of the vendor,
and other considerations imposed in the call for bids. The
commissioner may decide which is the lowest responsible bidder
for all contracts and may use the principles of life-cycle
costing, when appropriate, in determining the lowest overall
bid. Any or all bids may be rejected. When competitive bids
are required and all bids are rejected, new bids, if solicited,
must be called for as in the first instance, unless otherwise
provided by law.
Sec. 3. Minnesota Statutes 2003 Supplement, section
162.02, subdivision 2, is amended to read:
Subd. 2. [RULES; ADVISORY COMMITTEE.] (a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee which shall be selected by the several
county boards acting through the officers of the statewide
association of county commissioners. The committee shall be
composed of nine members so selected that each member shall be
from a different state highway construction district. Not more
than five of the nine members of the committee shall be county
commissioners. The remaining members shall be county highway
engineers. The committee expires as provided in section 15.059,
subdivision 5. In the event that agreement cannot be reached on
any rule, the commissioner's determination shall be final. The
rules shall be printed and copies thereof shall be forwarded to
the county engineers of the several counties.
(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
Sec. 4. Minnesota Statutes 2002, section 162.021,
subdivision 5, is amended to read:
Subd. 5. [DESIGNATION.] (a) The commissioner may designate
a county state-aid highway as a natural preservation route only
on petition of the county board of the county having
jurisdiction over the road. Within 60 days after a county board
receives a written request to designate a county state-aid
highway as a natural preservation route, the county board shall
act on the request.
(b) The commissioner shall appoint an advisory committee
for each construction district consisting of seven members: one
member of the Department of Natural Resources, one county
commissioner, one county highway engineer, one representative of
a recognized environmental organization, and three members of
the public. The commissioner shall refer each petition received
under this subdivision to the appropriate advisory committee.
The advisory committee shall consider the petition for
designation and make a recommendation to the commissioner.
Following receipt of the committee's recommendation, the
commissioner may designate the highway as a natural preservation
route.
Sec. 5. Minnesota Statutes 2002, section 162.07,
subdivision 5, is amended to read:
Subd. 5. [SCREENING BOARD.] (a) On or before September 1
of each year the county engineer of each county shall forward to
the commissioner, on forms prepared by the commissioner, all
information relating to the mileage, in lane-miles, of the
county state-aid highway system in the county, and the money
needs of the county that the commissioner deems necessary in
order to apportion the county state-aid highway fund in
accordance with the formula heretofore set forth. Upon receipt
of the information the commissioner shall appoint a board
consisting of the following county engineers:
(1) two county engineers from the metropolitan highway
construction district;
(2) one county engineer from each nonmetropolitan highway
district; and
(3) one additional county engineer from each county with a
population of 175,000 or more.
No county engineer shall be appointed under clause (1) or (2) so
as to serve consecutively for more than four years. The board
shall investigate and review the information submitted by each
county and shall on or before the first day of November of each
year submit its findings and recommendations in writing as to
each county's lane-mileage and money needs to the commissioner
on a form prepared by the commissioner. Final determination of
the lane-mileage of each system and the money needs of each
county shall be made by the commissioner.
(b) Notwithstanding section 15.059, subdivision 5, the
committee expires June 30, 2006.
Sec. 6. Minnesota Statutes 2002, section 162.09,
subdivision 2, is amended to read:
Subd. 2. [RULES; ADVISORY COMMITTEE.] (a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee which shall be selected by the governing
bodies of such cities, acting through the officers of the
statewide association of municipal officials. The committee
shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in
addition one member from each city of the first class. Not more
than six members of the committee shall be elected officials of
the cities. The remaining members of the committee shall be
city engineers. The committee expires as provided in section
15.059, subdivision 5. In the event that agreement cannot be
reached on any rule the commissioner's determination shall be
final. The rules shall be printed and copies thereof shall be
forwarded to the clerks and engineers of the cities.
(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
Sec. 7. Minnesota Statutes 2002, section 162.13,
subdivision 3, is amended to read:
Subd. 3. [SCREENING COMMITTEE.] (a) On or before September
1 of each year, the engineer of each city having a population of
5,000 or more shall forward to the commissioner on forms
prepared by the commissioner, all information relating to the
money needs of the city that the commissioner deems necessary in
order to apportion the municipal state-aid street fund in
accordance with the apportionment formula heretofore set forth.
Upon receipt of the information the commissioner shall appoint a
board of city engineers. The board shall be composed of one
engineer from each state highway construction district, and in
addition thereto, one engineer from each city of the first
class. The board shall investigate and review the information
submitted by each city. On or before November 1 of each year,
the board shall submit its findings and recommendations in
writing as to each city's money needs to the commissioner on a
form prepared by the commissioner. Final determination of the
money needs of each city shall be made by the commissioner. In
the event that any city shall fail to submit the information
provided for herein, the commissioner shall estimate the money
needs of the city. The estimate shall be used in solving the
apportionment formula. The commissioner may withhold payment of
the amount apportioned to the city until the information is
submitted.
(b) Notwithstanding section 15.059, subdivision 5, the
board does not expire.
Sec. 8. Minnesota Statutes 2002, section 168.187, is
amended by adding a subdivision to read:
Subd. 27. [PROHIBITED OPERATION.] The commissioner of
public safety shall refuse to issue a vehicle registration,
license plate, or permit to a vehicle licensed under this
section if the vehicle is assigned to a commercial motor carrier
who has been prohibited from operating in interstate commerce by
a federal agency with authority to do so under federal law.
The commissioner of public safety may revoke the
registration of a vehicle licensed under this section if the
vehicle is assigned to a commercial motor carrier who has been
prohibited from operating in interstate commerce by a federal
agency with authority to do so under federal law.
If the prohibition by the federal agency is rescinded, the
commissioner of public safety may reinstate a vehicle
registration under this section if registration taxes and fees
have been paid.
Sec. 9. Minnesota Statutes 2002, section 168.27,
subdivision 24, is amended to read:
Subd. 24. [BONDS.] (a) Except as otherwise provided in
this subdivision, all persons licensed according to this section
shall keep in full force and effect a bond with a corporate
surety to be approved by the registrar of motor vehicles in the
following amounts; in the case of boat trailer, snowmobile
trailer, horse trailer or motorized bicycle dealers, or dealers
in trailers with a manufacturer's rated carrying capacity under
15,000 pounds designed to transport small construction or farm
equipment, in the amount of $5,000; and as to all other persons
in the amount of $50,000. The bond must be conditioned on the
faithful performance by the licensee of the obligations imposed
on persons engaged in motor vehicle transactions by the laws of
this state, including the conduct required of a licensee by this
section and other sections governing the sale or transfer of
motor vehicles, and the payment of all taxes, license fees, and
penalties. The bond must be for the benefit of the state of
Minnesota and any transferor, seller, or purchaser of a motor
vehicle for any monetary loss caused by failure of the licensee
to meet the obligations enumerated above. Proceedings on the
forfeiture of the bonds must be commenced in the district court
of the county wherein the business of the licensed person was
carried on, or if in more than one county, the county in which
the offense occurred. This subdivision does not apply to a used
vehicle parts dealer or a scrap metal processor.
(b) This subdivision does not apply to:
(1) a dealer in new trailers designed to transport small
construction or farm equipment in any year following a year in
which the dealer had less than $500,000 in gross receipts from
the sale of such trailers; or
(2) a dealer in new trailers designed to transport small
construction or farm equipment who has been a dealer in such
trailers for less than one year and who the department
reasonably determines will have gross receipts of less than
$500,000 during the first year of business.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 10. [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST
PRODUCTS.]
A vehicle or combination of vehicles hauling raw or
unfinished forest products, including wood chips, by the most
direct route to the nearest highway that has been designated
under section 169.832, subdivision 11, may be operated on any
highway with gross weights permitted under sections 169.822 to
169.829 without regard to load restrictions imposed on that
highway, except that such vehicles must:
(1) comply with seasonal load restrictions in effect
between the dates set by the commissioner under section 169.87,
subdivision 2;
(2) comply with bridge load limits posted under section
169.84;
(3) be equipped and operated with six axles and brakes;
(4) not exceed 90,000 pounds gross weight, or 98,000 pounds
gross weight during the time when seasonal increases are
authorized under section 169.826;
(5) not be operated on interstate and defense highways;
(6) obtain an annual permit from the commissioner of
transportation; and
(7) obey all road postings.
Sec. 11. Minnesota Statutes 2002, section 169.832, is
amended by adding a subdivision to read:
Subd. 11a. [WEIGHT-LIMITATION ROUTE DESIGNATION BY LOCAL
GOVERNMENT.] Notwithstanding subdivision 11, the governing body
of a county, statutory or home rule charter city, or town may
designate any street or highway under its jurisdiction that has
been designed and built to carry such weights to carry weight
permitted under sections 169.822 to 169.829. Designations by
the governing body of a county, statutory or home rule charter
city, or town under this subdivision are not subject to the
approval of the commissioner.
Sec. 12. Minnesota Statutes 2003 Supplement, section
169.86, subdivision 5, is amended to read:
Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized
under section 169.826, subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width; and
(6) noncommercial transportation of a boat by the owner or
user of the boat.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);
(5) double-deck buses;
(6) commercial boat hauling.
(e) For vehicles which have axle weights exceeding the
weight limitations of sections 169.822 to 169.829, an additional
cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision
3, paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20
The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse-compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.828, subdivision 2, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:
(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;
(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;
(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;
(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and
(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.
A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.
(j) $300 for a motor vehicle described in section
169.8261. The fee under this paragraph must be deposited as
follows:
(1) in fiscal years 2005 through 2010:
(i) the first $50,000 in each fiscal year must be deposited
in the trunk highway fund for costs related to administering the
permit program and inspecting and posting bridges;
(ii) all remaining money in each fiscal year must be
deposited in a bridge inspection and signing account in the
special revenue fund. Money in the account is appropriated to
the commissioner for:
(A) inspection of local bridges and identification of local
bridges to be posted, including contracting with a consultant
for some or all of these functions; and
(B) erection of weight posting signs on local bridges; and
(2) in fiscal year 2011 and subsequent years must be
deposited in the trunk highway fund.
Sec. 13. Minnesota Statutes 2003 Supplement, section
171.20, subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, subdivision 2; 171.18, except
subdivision 1, clause (10); or 171.182, or who has been
disqualified from holding a commercial driver's license under
section 171.165, and (2) a person whose driver's license has
been suspended under section 171.186 and who is not exempt from
such a fee, must pay a fee of $20.
(b) Before the license is reinstated, a person whose
license has been suspended or revoked under sections 169.791 to
169.798 must pay a $20 reinstatement fee.
(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.
(d) A suspension may be rescinded without fee for good
cause.
Sec. 14. [171.324] [HAZARDOUS MATERIALS LICENSE
ENDORSEMENT BACKGROUND CHECKS.]
Subdivision 1. [ENDORSEMENT; FEE; ACCOUNT;
APPROPRIATION.] (a) Before being issued or renewing a class C,
class B, or class A driver's license with a hazardous materials
endorsement, an applicant must comply with the federal
regulations incorporated in this section.
(b) The commissioner may charge the applicant a fee of up
to $100 to cover the department's actual costs of conducting the
required background check of persons applying for a Minnesota
driver's license with a hazardous materials endorsement. The
proceeds of the fee must be deposited in an account in the
special revenue fund. Money in the account is annually
appropriated to the commissioner to pay the actual costs
associated with conducting the required background checks.
Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law
107-56, section 1012, as implemented in Code of Federal
Regulations, title 49, part 1572, is incorporated by reference
except for sections 1572.9 and 1572.11.
Subd. 3. [RULES.] The commissioner may adopt rules
pursuant to section 14.388, subdivision 1, clause (1), in order
to implement this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. Minnesota Statutes 2002, section 174.52,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY COMMITTEE.] (a) The commissioner shall
establish an advisory committee consisting of five members,
including:
(1) one county commissioner;
(2) one county engineer;
(3) one city engineer;
(4) one city council member or city administrator
representing a city with a population over 5,000; and
(5) one city council member or city administrator
representing a city with a population under 5,000. The advisory
committee shall provide recommendations to the commissioner
regarding expenditures from the trunk highway corridor projects
account.
(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
Sec. 16. Minnesota Statutes 2002, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, or a
city or airport police department.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;
(2) for driver's license or identification card
transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631;
609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and
12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
609.895; 617.246; or a gross misdemeanor or felony violation of
section 609.891 or 624.7181; or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Sec. 17. [REPEALER.]
Minnesota Statutes 2002, section 174.55, as amended by Laws
2003, First Special Session chapter 19, article 2, section 45,
is repealed.
Sec. 18. [EFFECTIVE DATE.]
Sections 3, 5, 6, 7, 15, and 17, are effective
retroactively from July 1, 2003.
ARTICLE 2
HIGHWAY SAFETY REST AREAS
Section 1. Minnesota Statutes 2002, section 160.08,
subdivision 7, is amended to read:
Subd. 7. [NO COMMERCIAL ESTABLISHMENT WITHIN
RIGHT-OF-WAY.] No commercial establishment, including but not
limited to automotive service stations, for serving motor
vehicle users shall be constructed or located within the
right-of-way of, or on publicly owned or publicly leased land
acquired or used for or in connection with, a controlled access
highway; except that (1) structures may be built within safety
rest and tourist travel information center areas; (2) space
within state-owned buildings in those areas may be leased for
the purpose of providing information to travelers
through commercial and public service advertising under
franchise agreements as provided in sections section 160.276 to
160.278; (3) advertising signs may be erected within the
right-of-way of interstate or controlled-access trunk highways
by franchise agreements under section 160.80; and (4) vending
machines may be placed in rest areas, tourist travel information
centers, or weigh stations constructed or located within trunk
highway rights-of-way; and (5) acknowledgment signs may be
erected under sections 160.272 and 160.2735.
Sec. 2. [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION
CENTER LEASES.]
Subdivision 1. [LEASE AGREEMENTS.] (a) Except as provided
in subdivision 3, and notwithstanding any other law to the
contrary, the commissioner may enter into lease agreements
through negotiations with public or not-for-profit entities or
through best value, as defined in section 16C.02, subdivision 4,
with private entities relating to the use of safety rest areas
and travel information centers.
For purposes of this section, "private entity" means a
chamber of commerce, a tourist and visitors bureau, or other
organization that exists to promote tourism and economic
development.
(b) A lease under this subdivision may:
(1) with the approval of the commissioner of
administration, prescribe a lease term length of up to 20 years,
with options for renewal;
(2) allow the lessee to operate a safety rest area facility
in whole or in part;
(3) allow the lessee to offer for sale products or services
under section 160.2725; and
(4) allow the lessee to add leasehold improvements to the
site after approval by the commissioner.
(c) A lease agreement for a safety rest area is subject to
section 160.28, subdivision 2, regarding vending at safety rest
areas.
(d) A lease agreement must include terms that promote and
encourage the employment of needy elderly persons according to
section 160.282.
(e) The commissioner may publicly acknowledge the lessee
and may erect signs adjacent to the main travel lanes of a
highway acknowledging the lessee. Acknowledgement on the
mainline may consist of placement of up to one sign for each
direction of traffic served. The placement of signs shall only
be allowed (1) as approved through the Manual on Uniform Traffic
Control Devices process for experimentation, (2) in accordance
with federal standards and policies, and (3) so that no sign
exceeds 100 square feet. No more than three acknowledgment
signs or displays may be placed at any one rest area, in
addition to the mainline signs.
Subd. 2. [REVENUES DEPOSITED.] The commissioner shall
deposit revenues from leases authorized under this section into
the safety rest area account established in section 160.2745.
Subd. 3. [APPLICATION TO OTHER LAW.] Nothing in this
section affects existing contracts under section 248.07 or their
renewal.
Sec. 3. [160.2725] [SALES AT SAFETY REST AREAS.]
Subdivision 1. [SALES AUTHORIZED.] Notwithstanding section
160.08, the commissioner may sell travel and tourism-related
publications and maps and travel and tourism-related merchandise
and services. The commissioner may rent or sell items for the
convenience of persons using safety rest areas, including local
attraction tickets, and permits and licenses issued by units of
government. Notwithstanding section 16A.1285, the commissioner
of transportation may collect a service fee for the sale of
lottery tickets, local attraction tickets, and permits and
licenses.
Merchandise that competes with vending machine sales
authorized under section 160.28, subdivision 2, is subject to
the provisions of subdivision 5. Food and beverage sales are
limited to those items that are sold from vending machines.
Subd. 2. [ADVERTISING.] The commissioner may advertise the
availability of a program or item offered under this section.
Subd. 3. [SOFTWARE SALES.] Notwithstanding section 16B.405
or 160.08, the commissioner may sell or license intellectual
property and software products or services developed by a
government unit or custom-developed by a vendor for a government
unit.
Subd. 4. [REVENUES DEPOSITED.] Money received by the
commissioner under this section must be deposited in the safety
rest area account established in section 160.2745.
Subd. 5. [COMPETING MERCHANDISE.] The commissioner and the
designated state licensing agency authorized under United States
Code, title 20, sections 107 to 107e, shall enter into an
interagency agreement before rest areas are leased or before
nonvending machine sales occur at rest areas. The interagency
agreement must identify what constitutes competing merchandise
and establish policies and procedures related to the sale of
competing merchandise at rest areas.
Sec. 4. [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.]
Subdivision 1. [SPONSORSHIP PROGRAM.] The commissioner may
enter into agreements for public or private sponsorship of
highway safety rest areas by transportation and tourism-related
entities. The commissioner may publicly acknowledge sponsors
and may erect signs adjacent to the main travel lanes of a
highway acknowledging the sponsors. Acknowledgement on the
mainline may consist of placement of up to one sign for each
direction of traffic served. The placement of signs shall only
be allowed (1) as approved through the Manual on Uniform Traffic
Control Devices process for experimentation, (2) in accordance
with federal standards and policies, and (3) so that no sign
exceeds 100 square feet. No more than three acknowledgment
signs or displays may be placed at any one rest area, in
addition to the mainline signs.
Subd. 2. [REVENUE.] The commissioner shall deposit revenue
from the sponsorship program to the safety rest area account
established in section 160.2745.
Subd. 3. [PROHIBITION.] The commissioner shall take no
action under this section that would result in the loss of
federal highway funds or require the payment of highway funds to
the federal government.
Sec. 5. [160.274] [SALE OF SURPLUS REST AREA PROPERTY.]
Subdivision 1. [RECONVEYANCE OF LAND.] The commissioner
may reconvey land no longer needed for safety rest area
purposes, subject to section 161.44.
Subd. 2. [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds
from the sale of real estate and buildings under this section
must be paid into the safety rest area account established in
section 160.2745 and are appropriated to the commissioner (1)
for the actual cost of selling the real estate or buildings, (2)
for the fees required to be paid under sections 161.23 and
161.44, and (3) as provided in section 160.2745.
Subd. 3. [PROHIBITION.] The commissioner shall take no
action under this section that would result in the loss of
federal highway funds or require the payment of highway funds to
the federal government.
Sec. 6. [160.2745] [SAFETY REST AREA ACCOUNT.]
Subdivision 1. [ACCOUNT ESTABLISHED.] A safety rest area
account is established in the trunk highway fund. Funds in the
account are available until expended.
Subd. 2. [DEPOSITS.] The commissioner shall deposit in the
safety rest area account revenue received from leasing or
sponsoring safety rest areas, advertising at safety rest areas,
selling safety rest area property and lands, and other revenue
generated with respect to safety rest areas.
Subd. 3. [EXPENDITURES.] Money in the account is
appropriated to the commissioner. The commissioner may spend
proceeds of the account for safety rest areas, including program
administration, maintenance and operations, development and
improvements, and services to customers.
Sec. 7. Minnesota Statutes 2002, section 160.276, is
amended to read:
160.276 [TRAVEL INFORMATION FRANCHISE ADVERTISING PROGRAM.]
Subdivision 1. [ESTABLISHED LEASING ADVERTISING SPACE.]
The commissioner of transportation shall establish a franchise
program to may lease advertising space within tourist travel
information centers and safety rest areas for the purpose of
providing information to travelers through travel-related
commercial and public service advertising.
Subd. 2. [INITIAL PHASE.] The program may, in its initial
phase, utilize space within existing publicly owned buildings
and shelters in safety rest areas and tourist information
centers. This phase shall be operational by May 1, 1981.
Franchises for this phase shall be ready to let by January 1,
1981.
Subd. 3. [INFORMATION FACILITIES.] The program
commissioner may also include franchises for the construction,
operation and maintenance of contract to permit a vendor to
construct, operate, and maintain additional information
structures by and at the expense of the franchisee vendor on
state-owned lands within safety rest areas or tourist travel
information center areas. All structures constructed by
the franchisee shall vendor must meet or exceed specifications
prescribed by the commissioner of transportation and shall must
satisfy the requirements of the State Building Code for
accessibility by the physically handicapped. The vendor shall
design all structures shall be designed to enhance their the
site and shall be aesthetically compatible surroundings in a
manner harmonious with the natural environment as determined by
the commissioner.
Subd. 4. [SITES; ADVERTISING.] The commissioner shall
determine the sites to be included in this program and shall
also determine if the advertising display at each site is to be
inside or outside of any buildings or shelters the extent and
location of space available for advertising in each facility.
Subd. 5. [OFFICE OF TOURISM.] The commissioner shall
provide space free of charge to the Office of Tourism for travel
information centers. The commissioner shall not charge the
Office of Tourism for any regular expenses associated with the
operation of the travel information centers. The commissioner
shall provide highway maps free of charge for use and
distribution through the travel information centers.
Sec. 8. Minnesota Statutes 2002, section 160.277, is
amended to read:
160.277 [COMMISSIONER TO GRANT FRANCHISES MAKE AGREEMENTS.]
Subdivision 1. [PROCEDURE; AGREEMENT.] The commissioner of
transportation, by public negotiation or bid, shall grant
franchises enter into agreements for the purposes of section
160.276. Each franchise agreement shall include the safety rest
areas and tourist information centers in a geographical area
comprising approximately one-quarter of the land area of the
state. The franchise agreement shall insure that the franchisee
provide services throughout the area in as many tourist
information centers and safety rest areas as are reasonably
necessary for the convenience of travelers.
Subd. 2. [INSURANCE.] The commissioner of transportation
shall require the franchisee vendor to obtain liability
insurance in an amount prescribed by the commissioner jointly
insuring the state and the franchisee vendor against any and all
liability for claims for damage occurring wholly or partly
because of the existence of the franchise vendor contract.
Subd. 3. [REVENUE.] The franchise agreement may provide
that the vendor pay a percentage portion of the gross revenues
derived from advertising shall. These revenues must be paid to
the state for deposit in the trunk highway fund safety rest area
account established in section 160.2745. The commissioner of
transportation and director of the Office of Tourism may enter
into an interagency agreement to define the distribution of the
revenues generated in this section.
Sec. 9. Minnesota Statutes 2002, section 160.278, is
amended to read:
160.278 [ADDITIONAL FRANCHISE VENDOR PROVISIONS.]
Subdivision 1. [AGREEMENT REQUIREMENTS.] Each franchise
vendor agreement shall must contain the following provisions:
(a) (1) that the franchisee vendor shall comply with Code
of Federal Regulations, title 23, section 252 752 and subsequent
revisions pertaining to privately operated information systems;
(b) (2) that at least 40 percent of the commercial
advertising space shall must be offered initially for a
reasonable period of time to local advertisers who provide
services for travelers within a 60-mile radius of the safety
rest area or tourist travel information center;
(c) (3) that the franchisees vendor shall make appropriate
marketing efforts in an attempt to lease at least 40 percent of
the commercial advertising space to local advertisers; and
(d) (4) reasonable performance standards, and maintenance
standards for structures constructed by the franchisee. vendor;
and
Subd. 2. [ADVERTISING SPACE LIMITATIONS.] The franchise
agreement shall impose (5) limitations on advertising space
within state-owned buildings or on state-owned property in
safety rest areas and tourist travel information centers.
Subd. 3. 2. [REASONABLE TERMS AND CONDITIONS.] The
commissioner of transportation may require additional reasonable
terms and conditions to be included in the franchise vendor
agreement, including but not limited to, provisions governing
the renewal and termination of the agreement, and, in the event
of termination, the rights of the state and the franchisee
vendor in advertising contracts and in buildings constructed by
the franchisee vendor.
Sec. 10. Minnesota Statutes 2002, section 160.28, is
amended to read:
160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.]
Subdivision 1. [SAFETY REST AREAS; TOURIST TRAVEL
INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the
contrary notwithstanding, the commissioner of transportation is
hereby authorized to cause to be prepared may have plans and,
specifications, and detailed designs prepared for the
construction of buildings and facilities for highway safety rest
areas, tourist travel information centers in combination with
rest areas, and weigh stations when the commissioner deems these
buildings and facilities to be necessary in the interest of
safety and convenient public travel on highways.
Subd. 2. [VENDING MACHINES.] Any other law to the contrary
notwithstanding, the commissioner may contract for or authorize
the placement of vending machines dispensing food, nonalcoholic
beverages, or milk, or other items the commissioner deems
appropriate and desirable in highway safety rest areas, tourist
travel information centers, and weigh stations on marked
interstate highways and primary trunk highways. The
commissioner shall only place vending machines operated under
United States Code, title 20, sections 107 to 107e and as
provided in section 248.07.
Sec. 11. Minnesota Statutes 2002, section 161.23,
subdivision 3, is amended to read:
Subd. 3. [LEASING.] The commissioner may lease for the
term between the acquisition and sale thereof and for a fair
rental rate and upon such terms and conditions as the
commissioner deems proper, any excess real estate acquired under
this section, and any real estate acquired in fee for trunk
highway purposes and not presently needed for those purposes.
All rents received from the leases must be paid into the state
treasury. Seventy percent of the rents must be credited to the
trunk highway fund. The remaining 30 percent must be paid to
the county treasurer where the real estate is located, and
distributed in the same manner as real estate taxes. This
subdivision does not apply to real estate leased for the purpose
of providing commercial and public service advertising pursuant
to franchise agreements as provided in sections 160.276 160.272
to 160.278 or to fees collected under section 174.70,
subdivision 2.
Sec. 12. Minnesota Statutes 2002, section 161.433,
subdivision 2, is amended to read:
Subd. 2. [CONSIDERATION FOR USE.] The consideration paid
for the use of airspace or subsurface areas shall be determined
by the commissioner, but in no event shall it be less than a
fair rental rate, and shall include costs for the erection and
maintenance of any facilities or other costs occasioned by that
use. All moneys received shall be paid into the trunk highway
fund. This subdivision does not apply to real estate leased for
the purpose of providing commercial and public service
advertising pursuant to franchise agreements as provided in
sections 160.276 160.272 to 160.278.
Sec. 13. Minnesota Statutes 2002, section 161.434, is
amended to read:
161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY;
LIMITED USE.]
The commissioner may also make such arrangements and
agreements as the commissioner deems necessary in the public
interest for the limited use of land owned as interstate or
trunk highway right-of-way, which use shall be for highway
purposes, including aesthetic purposes, but not including the
erection of permanent buildings, except buildings or structures
erected for the purpose of providing information to travelers
through commercial and public service advertising pursuant to
franchise agreements as provided in sections 160.276 160.272 to
160.278. The commissioner shall secure the approval of the
appropriate federal agency where such approval is required.
Sec. 14. [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST
AREAS.]
Until July 1, 2005, the commissioner of transportation may
not close any trunk highway or interstate highway safety rest
area that was open on January 1, 2004, or substantially reduce
the hours of operation of such a rest area below the hours of
operation in effect on January 1, 2004.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section or
subdivision of Minnesota Statutes listed in column A with the
number listed in column B. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
Column A Column B
160.27, subdivision 5 160.2715
160.277, subdivision 1 160.276, subdivision 2a
160.277, subdivision 2 160.276, subdivision 3a
160.277, subdivision 3 160.276, subdivision 8
160.278, subdivision 1 160.276, subdivision 6
160.278, subdivision 3 160.276, subdivision 7
160.28, subdivision 2 160.273
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 11:15 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes