1.1 	A bill for an act
1.2 	relating to highways; providing for counties to
1.3 	contract with commissioner of transportation to
1.4 	maintain trunk highways; proposing coding for new law
1.5 	in Minnesota Statutes, chapter 161.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [161.395] MAINTENANCE OF TRUNK HIGHWAYS BY
1.8 	COUNTIES.
1.9 		Subdivision 1.Rules for maintenance by county. The
1.10 	state trunk highway system must be maintained by the state at
1.11 	state expense.  The commissioner shall prescribe by rule
1.12 	specifications for this maintenance and may contract, and after
1.13 	December 31, 2004, shall contract, with any county road
1.14 	authority to have all or certain parts of the work of
1.15 	maintaining the state trunk highways within or beyond the limits
1.16 	of a county, including interstate highways and bridges,
1.17 	performed by the county.  Any county may enter, and after
1.18 	December 31, 2004, shall enter, into a contract with the
1.19 	commissioner to perform the maintenance, except as may be
1.20 	otherwise provided in subdivision 7.
1.21 		Subd. 2.Maintenance activities. (a) General maintenance
1.22 	activities include the application of protective coatings; the
1.23 	removal and control of snow; the removal, treatment, and sanding
1.24 	of ice; the interim repair of highway surfaces and adjacent
1.25 	structures; and all other operations, activities, and processes
2.1 	required on a continuing basis for preserving the highways on
2.2 	the state trunk highway system.
2.3 	(b) Maintenance activities also include the care and
2.4 	protection of trees and other roadside and median vegetation;
2.5 	suitable plantings to prevent soil erosion or to beautify
2.6 	highways; and all measures deemed necessary to provide adequate
2.7 	traffic service.
2.8 	(c) Special maintenance activities may include the
2.9 	restoration, reinforcement, complete repair, or other activities
2.10 	that the commissioner deems are necessary on an individual basis
2.11 	for specified portions of any particular trunk highway.
2.12 		Subd. 3.Emergency activities. To accomplish prompt
2.13 	repair, protection, or preservation of any trunk highway that
2.14 	has been closed or is being jeopardized by extraordinary damage
2.15 	by flood, structure failure, slides, or other extraordinary
2.16 	condition of necessity and emergency, the commissioner, on
2.17 	determining that such action is in the public interest, may
2.18 	proceed at once to repair or protect the highway with forces and
2.19 	services of private constructors and agencies, summarily engaged
2.20 	by the department, and have the work performed by negotiated
2.21 	contract or agreement without calling for competitive bids;
2.22 	provided that a negotiated contract or agreement involving an
2.23 	estimated expenditure greater than $10,000 is subject to
2.24 	approval of the governor before it becomes effective.
2.25 		Subd. 4.Payment for work on trunk highways. When a
2.26 	county maintains the trunk highways within or beyond the limits
2.27 	of the county, including interstate highways and bridges, in
2.28 	compliance with the agreed arrangement with the department, the
2.29 	commissioner shall pay the actual cost of the maintenance,
2.30 	including the allowance for materials and the use of county
2.31 	machinery and overhead expenses agreed upon in advance.  The
2.32 	payments must be made upon presentation by the county road
2.33 	authority of a properly itemized and verified account, in a form
2.34 	determined by the commissioner.  The county road authority shall
2.35 	present the itemized accounts for maintenance work no later than
2.36 	one month following the period during which the work was
3.1 	performed.
3.2 	Subd. 5.[DESIGNATION OF COUNTY AS COMMISSIONER'S
3.3 	AGENT.] (a) The commissioner may designate the county board of a
3.4 	county performing maintenance work on trunk highways under
3.5 	contract with the department as the commissioner's agent
3.6 	empowered to perform those bidding and contracting
3.7 	responsibilities required of the commissioner by law or rule for
3.8 	maintenance on those trunk highways within the maintenance
3.9 	jurisdiction of that county's road authority.  The designated
3.10 	agent who enters into a contract under this subdivision does so
3.11 	on behalf of the department and the state, and the state is a
3.12 	party to the contract.  The contract is subject to the
3.13 	conditions specified for maintenance contracts entered into by
3.14 	the commissioner.  The commissioner may authorize an agent under
3.15 	this subdivision to perform bidding and contracting
3.16 	responsibilities to administer the resulting contract on behalf
3.17 	of the state.
3.18 	(b) The commissioner may assign department employees to
3.19 	individual counties entering into contracts for highway
3.20 	maintenance under this section.
3.21 		Subd. 6.Trunk highway appropriations. (a) A sum
3.22 	sufficient is appropriated from the trunk highway fund to the
3.23 	commissioner of transportation for payments according to
3.24 	subdivision 4 to counties for costs resulting from maintenance
3.25 	work performed pursuant to contracts entered into under this
3.26 	section.
3.27 	(b) As part of the state's reimbursement for the costs of
3.28 	any county to maintain state highways, and on behalf of the
3.29 	state, the commissioner may transfer ownership of state-owned
3.30 	equipment used for road maintenance to the county.
3.31 		Subd. 7.Application of other law; exceptions. (a)
3.32 	Except as otherwise provided in paragraph (b) or (c), this
3.33 	section supersedes any state law or rule to the contrary.
3.34 	(b) The commissioner shall not implement any provision of
3.35 	this section that would result in the loss of federal funds for
3.36 	transportation activities or projects in this state.
4.1 	(c) If a county board determines and notifies the
4.2 	commissioner that the county road authority is unable to perform
4.3 	or provide the technical or professional services or any other
4.4 	specific work required to conduct or complete a maintenance
4.5 	project on a state trunk highway within its borders, then the
4.6 	commissioner shall let a contract to the lowest responsible
4.7 	bidder to complete the project pursuant to sections 161.315 to
4.8 	161.39.
4.9 		Subd. 8.Report to legislature. The commissioner shall
4.10 	report annually before January 1 of each year to the committees
4.11 	of the house of representatives and senate dealing with
4.12 	transportation policy and transportation finance on costs of and
4.13 	performance under contracts entered into under this section.
4.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.