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; authorizing advance 1.3 payment when required by federal government for 1.4 transportation project; providing for payment for 1.5 costs of certain culverts when abutting landowner is a 1.6 road authority; removing and transferring jurisdiction 1.7 of certain highways; requiring owners of certain 1.8 bridges to inventory and regularly inspect their 1.9 bridges; clarifying inspection requirement for toll 1.10 and other bridges; providing for contingent 1.11 appropriation to commissioner of transportation under 1.12 certain circumstances; changing and repealing statutes 1.13 regulating railroads to conform to federal law and 1.14 federal preemption of certain regulated practices; 1.15 transferring remaining duties and powers relating to 1.16 regulating railroads from transportation regulation 1.17 board to commissioner of transportation; providing 1.18 that commissioner of transportation may provide 1.19 assistance for municipalities' air transportation 1.20 services, with costs paid from state airports fund; 1.21 modifying contractor bond requirements for 1.22 transportation projects costing less than $75,000 or 1.23 relating to the installation of certain capital 1.24 equipment; extending procurement pilot project for 1.25 department of transportation; authorizing conveyance 1.26 of certain tax-forfeited and acquired land that 1.27 borders public water or natural wetlands in Hennepin 1.28 county; making technical changes; amending Minnesota 1.29 Statutes 1996, sections 160.18, subdivision 1; 1.30 161.115, subdivisions 38, 56, and 87; 165.03; 174A.06; 1.31 218.031, subdivision 2; 218.041, subdivisions 4 and 6; 1.32 219.074, subdivision 2; 219.384, subdivision 2; 1.33 219.98; 360.015, by adding a subdivision; 360.017, 1.34 subdivision 1; 360.305, by adding a subdivision; and 1.35 574.26, subdivision 1a; and Laws 1995, chapter 248, 1.36 article 13, section 4, subdivision 2; proposing coding 1.37 for new law in Minnesota Statutes, chapters 16B; and 1.38 174; repealing Minnesota Statutes 1996, sections 1.39 161.115, subdivision 57; 161.122; 218.021; 218.025; 1.40 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 1.41 218.041, subdivisions 1, 2, 7, and 8; 219.383, 1.42 subdivisions 1 and 2; 219.558; 219.559; 219.56; 1.43 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 1.44 219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 1.45 219.97, subdivisions 6 and 7; and 222.633. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 Section 1. [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 2.3 CONTRACTS.] 2.4 Notwithstanding section 16B.17 or other law to the 2.5 contrary, the commissioner of transportation may, when required 2.6 by a federal agency entering into an intergovernmental contract, 2.7 negotiate contract terms providing for full or partial 2.8 prepayment to the federal agency before work is performed or 2.9 services are provided. 2.10 Sec. 2. Minnesota Statutes 1996, section 160.18, 2.11 subdivision 1, is amended to read: 2.12 Subdivision 1. [CULVERT ON EXISTING HIGHWAYS.] Except when 2.13 the easement of access has been acquired,thea roadauthorities2.14 authority,other than town boards and county boards,as to 2.15highwaysa highway already established and constructedshall2.16furnish one substantial culvert to an abutting owner in cases2.17where the culvert is necessary formay grant by permit a 2.18 suitable approach tosuchthe highway.A town board shall2.19furnish one substantial culvert to an abutting owner in cases2.20where the culvert is necessary for suitable approach to a town2.21road, provided that at any annual town meeting the electors of2.22any town may by resolution authorize the town board to require2.23that all or part of the costs of the furnishing of all culverts2.24on the town roads of such town be paid by the abutting owner. A2.25county board, by resolution, shall, before furnishing any2.26culverts after August 1, 1975, establishThe requesting abutting 2.27 property owner shall pay for the cost and installation of any 2.28 required culverts unless a road authority, other than the 2.29 commissioner, adopts by resolution a policy for the furnishing 2.30 of a culvert to an abutting owner when a culvert is necessary 2.31 for suitable approach to acounty and state-aidroad, and such. 2.32 The policy may include provisions for the payment of all or part 2.33 of the costs of furnishingsuch culvertsthe culvert by the 2.34 abutting landowner. 2.35 Sec. 3. Minnesota Statutes 1996, section 161.115, 2.36 subdivision 38, is amended to read: 3.1 Subd. 38. [ROUTE NO. 107.] Beginning at the terminus of 3.2 Route No. 10 on the westerly limits on the city of Minneapolis, 3.3 thence extending in an easterly direction to a pointon Route3.4No. 104 as herein establishedat or near Washington Avenue in 3.5 the city of Minneapolis. 3.6 Sec. 4. Minnesota Statutes 1996, section 161.115, 3.7 subdivision 56, is amended to read: 3.8 Subd. 56. [ROUTE NO. 125.] Beginning at a point on Route 3.9 No.111 as herein established north of the Mississippi River392 3.10 in the city of St. Paul, thence extending in a northerly 3.11 direction to a point on Route No. 63. 3.12 Sec. 5. Minnesota Statutes 1996, section 161.115, 3.13 subdivision 87, is amended to read: 3.14 Subd. 87. [ROUTE NO. 156.] Beginning at a point on Route 3.15 No.394105 in the city of Minneapolis and extending in a 3.16 northerly and westerly direction to a point on Route No. 62 3.17easterly of the Great Northern Railwayat or near the city of 3.18 Coon Rapids. 3.19 Sec. 6. Minnesota Statutes 1996, section 165.03, is 3.20 amended to read: 3.21 165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 3.22 Subdivision 1. [STANDARDS GENERALLY.] Each bridge, 3.23 including a privately owned bridge, must conform to the 3.24 strength, width, clearance, and safety standards imposed by the 3.25 commissioner for the connecting highway or street. This 3.26 subdivision applies to a bridge that is constructed after August 3.27 1, 1989, on any public highway or street. The bridge must have 3.28 sufficient strength to support with safety the maximum vehicle 3.29 weights allowed under section 169.825 and must have the minimum 3.30 width specified in section 165.04, subdivision 3. 3.31 Subd. 2. [INSPECTION AND INVENTORY RESPONSIBILITIES; 3.32 RULES; FORMS.] The commissioner of transportation shall adopt 3.33 official inventory and bridge inspection report forms for use in 3.34 making bridge inspections by the owners or highway authorities 3.35 specified by this subdivision. Bridge inspections shall be made 3.36 at regular intervals, not to exceed two years, by the following 4.1officialsowner or official: 4.2 (a) The commissioner of transportation for all bridges 4.3 located wholly or partially within or over the right-of-way of a 4.4 state trunk highway. 4.5 (b) The county highway engineer for all bridges located 4.6 wholly or partially within or over the right-of-way of any 4.7 county or township road, or any street within a municipality 4.8 which does not have a city engineer regularly employed. 4.9 (c) The city engineer for all bridges located wholly or 4.10 partially within or over the right-of-way of any street located 4.11 within or along municipal limits. 4.12 (d) The commissioner of transportation in case of a toll 4.13 bridge that is used by the general public and that is not 4.14 inspected and certified under subdivision 6; provided, that the 4.15 commissioner of transportation may assess the owner for the 4.16 costs of such inspection. 4.17 (e) The owner of a bridge over a public highway or street 4.18 or that carries a roadway designated for public use by a public 4.19 authority, if not required to be inventoried and inspected under 4.20 paragraph (a), (b), (c), or (d). 4.21 The commissioner of transportation shall prescribe the 4.22 standards for bridge inspection and inventory by rules. The 4.23specifiedowner or highwayauthoritiesauthority shall inspect 4.24 and inventory in accordance with these standards and furnish the 4.25 commissioner with such data as may be necessary to maintain a 4.26 central inventory. 4.27 Subd. 3. [COUNTY INVENTORY AND INSPECTION RECORDS AND 4.28 REPORTS.] The county engineer shall maintain a complete 4.29 inventory record of all bridges as set forth in subdivision 2, 4.30 paragraph (b), with the inspection reports thereof, and shall 4.31 certify annually to the commissioner, as prescribed by the 4.32 commissioner, that inspections have been made at regular 4.33 intervals not to exceed two years. A report of the inspections 4.34 shall be filed annually, on or before February 15 of each year, 4.35 with the county auditor ortownshiptown clerk, or the governing 4.36 body of the municipality. The report shall contain 5.1 recommendations for the correction of, or legal posting of load 5.2 limits on any bridge or structure that is found to be 5.3 understrength or unsafe. 5.4 Subd. 4. [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 5.5 REPORTS.] The city engineer shall maintain a complete inventory 5.6 record of all bridges as set forth in subdivision 2, 5.7 paragraph (c), with the inspection reports thereof, and shall 5.8 certify annually to the commissioner, as prescribed by the 5.9 commissioner, that inspections have been made at regular 5.10 intervals not to exceed two years. A report of the inspections 5.11 shall be filed annually, on or before February 15 of each year, 5.12 with the governing body of the municipality. The report shall 5.13 contain recommendations for the correction of, or legal posting 5.14 of load limits on any bridge or structure that is found to be 5.15 understrength or unsafe. 5.16 Subd. 5. [AGREEMENTS.] Agreements may be made among the 5.17 various units of governments, or between governmental units and 5.18 qualified engineering personnel to carry out the 5.19 responsibilities for the bridge inspections and reports, as 5.20 established by subdivision 2. 5.21 Subd. 6. [TOLLOTHER BRIDGES.] The owner of a toll bridge 5.22 and the owner of a bridge described in subdivision 2, paragraph 5.23 (e), shall certify to the commissioner, as prescribed by the 5.24 commissioner, that inspections of the bridge have been made at 5.25 regular intervals not to exceed two years. The certification 5.26 shall be accompanied by a report of the inspection. The report 5.27 shall contain recommendations for the correction of or legal 5.28 posting of load limitations if the bridge is found to be 5.29 understrength or unsafe. 5.30 Sec. 7. [174.55] [CONTINGENT APPROPRIATION.] 5.31 The commissioner of transportation, with the approval of 5.32 the governor after consultation with the legislative advisory 5.33 commission under section 3.30, may transfer all or part of the 5.34 unappropriated balance in the trunk highway fund to an 5.35 appropriation (1) for trunk highway design, construction, or 5.36 inspection in order to take advantage of an unanticipated 6.1 receipt of income to the trunk highway fund, (2) for trunk 6.2 highway maintenance in order to meet an emergency, or (3) to pay 6.3 tort or environmental claims. The amount transferred is 6.4 appropriated for the purpose of the account to which it is 6.5 transferred. 6.6 Sec. 8. Minnesota Statutes 1996, section 174A.06, is 6.7 amended to read: 6.8 174A.06 [CONTINUATION OF RULES.] 6.9 Orders and directivesheretoforein force, issued, or 6.10 promulgatedby the public service commission, public utilities6.11commission, or the department of transportationunder authority 6.12 of chapters 174A, 216A, 218, 219,and221, and 222 remain and 6.13 continue in force and effect until repealed, modified, or 6.14 superseded by duly authorized orders or directives of 6.15 the commissioner of transportationregulation board. To the 6.16 extent allowed under federal law or regulation, rules adoptedby6.17the public service commission, public utilities commission or6.18the department of transportationunder authority of the 6.19 following sections are transferred to the commissioner of 6.20 transportationregulation boardand continue in force and effect 6.21 until repealed, modified, or superseded by duly authorized rules 6.22 of thetransportation regulation boardcommissioner: 6.23 (1)section 218.041 except rules related to the form and6.24manner of filing railroad rates, railroad accounting rules, and6.25safety rules;6.26(2)section 219.40; 6.27(3)(2) rules relating to rates or tariffs, or the 6.28 granting, limiting, or modifying of permits or certificates of 6.29 convenience and necessity under section 221.031, subdivision 1; 6.30(4)(3) rules relating to the sale, assignment, pledge, or 6.31 other transfer of a stock interest in a corporation holding 6.32 authority to operate as a permit carrier as prescribed in 6.33 section 221.151, subdivision 1, or a local cartage carrier under 6.34 section 221.296, subdivision 8; 6.35(5)(4) rules relating to rates, charges, and practices 6.36 under section 221.161, subdivision 4; and 7.1(6)(5) rules relating to rates, tariffs, or the granting, 7.2 limiting, or modifying of permits under sections 221.121, 7.3 221.151, and 221.296 or certificates of convenience and 7.4 necessity under section 221.071. 7.5 Theboardcommissioner shall review the transferred rules, 7.6 orders, and directives and, when appropriate, develop and adopt 7.7 new rules, orders, or directiveswithin 18 months of July 1,7.81985. 7.9 Sec. 9. Minnesota Statutes 1996, section 218.031, 7.10 subdivision 2, is amended to read: 7.11 Subd. 2. [ACCIDENT INFORMATION FURNISHED COMMISSIONER.] 7.12 Every common carrier shall furnish to the commissioner:7.13(1) All schedules of rates, fares and charges, every part7.14and classification thereof, together with minimum weights and7.15rules with respect thereto, and any and all amendments,7.16modifications or changes therein.7.17(2) All information duly required in blanks and forms7.18furnished by the commissioner.7.19(3) A copy of all annual reports and valuation data7.20furnished to the Interstate Commerce Commission not later than7.21June 30th, covering the preceding calendar year, together with7.22any additional information regarding valuation of its properties7.23requested by the commissioner.7.24(4)a report of accidents, wrecks, and casualties occurring 7.25 in this state insuchthe manner and form and atsuchthe times 7.26asprescribed by the commissioner.All suchThe reports 7.27 administered by the department of public safetyshallmust be 7.28 received and administered in accordance withthe provisions of7.29 section 169.09, subdivision 13.AllOther reportsshallmust be 7.30 open to public inspection butshallare notbeadmissible in 7.31 evidence inanya suit or action for damages growing out ofsuch7.32 the accident, wreck, or casualty. 7.33(5) All tariff agreements or arrangements with other7.34carriers.7.35(6) All joint schedules of rates, fares or classifications.7.36 Sec. 10. Minnesota Statutes 1996, section 218.041, 8.1 subdivision 4, is amended to read: 8.2 Subd. 4. [BOARDCOMMISSIONER DUTIES UPON PETITION.] The 8.3boardcommissioner shall, upon petition:, 8.4(1) At all points of intersection and crossings of8.5different railroads, or where two railroads are not more than8.6one-half mile apart, and at all terminals, prescribe ample8.7facilities by track connection, joint use of tracks, freight8.8platforms and depots, warehouses, docks over which general8.9merchandise is handled and forwarded, and other necessary8.10appliances and conveniences for the transfer, forwarding and8.11handling of general merchandise and parcel freight between such8.12railroads and between such railroads and such docks, warehouses8.13and vessels at such docks.8.14(2) Determine the proportionate share of each company in8.15the cost of providing connecting and transfer facilities in the8.16event the companies fail to agree.8.17(3) Direct construction, maintenance and operation at any8.18points prescribed by law of all side tracks and reasonable8.19facilities connecting any road with any grain warehouse or mill,8.20dock, wharf, coal yard, quarry, brick or lime kiln, sand or8.21gravel pit, crushed rock or concrete plant, or manufactory8.22adjacent thereto, and prescribe the terms therefor.8.23(4) Prescribe reasonable rules for handling property,8.24passenger, baggage, express and mail, partly over privately8.25owned rights-of-way and partly over highways, so that reasonable8.26and adequate accommodations and service may be afforded.8.27(5) Prescribe the extent to which any designated carrier,8.28upon its petition, may be relieved from the operation of the8.29principles established by section 218.021, subdivision 1,8.30clauses (5), (6) and (7).8.31(6)direct the repair, reconstruction or replacement of any 8.32 inadequate or unsafe trackage, structure or facility. 8.33 Upon receipt of a petition for action pursuant to this 8.34 subdivision theboardcommissioner shall give notice to all 8.35 persons known to it to have an interest in the matter and 8.36 publish notice of the petition in the State Register. Theboard9.1 commissioner may grant the petition 30 days after notice has 9.2 been fully made. If theboardcommissioner receives a written 9.3 objection to the petition from any person within 20 days after 9.4 the notice of filing has been fully made, the exemption shall be 9.5 granted or denied only after a contested case hearing has been 9.6 held on the matter. Theboardcommissioner mayelect tohold a 9.7 contested case hearing if no objections to the petition or 9.8 application are received. If a timely objection is not received 9.9 and theboardcommissioner declines to act without hearing, the 9.10 petitioner may request within 30 days of receiving a notice of 9.11 denial, and shall be granted, a contested case hearing on the 9.12 application. 9.13 Sec. 11. Minnesota Statutes 1996, section 218.041, 9.14 subdivision 6, is amended to read: 9.15 Subd. 6. [COMMISSIONER'S POWERS.] In exercising the powers 9.16 granted by this chapter, the commissioner may: 9.17 (1) subpoena books, papers or accounts kept by any 9.18 regulated business within or without the state, or compel 9.19 production of verified copies; 9.20 (2) prepare all forms or blanks for the purpose of 9.21 obtaining information which the commissioner may deem necessary 9.22 or useful for the proper exercise of the authority and duties of 9.23 the commissioneror the boardin connection with regulated 9.24 businesses, and prescribe the time and manner within which the 9.25 blanks and forms shall be completed and filed; 9.26 (3) inspect, at all reasonable times, and copy the books, 9.27 records, memoranda, correspondence or other documents and 9.28 records of any business under the commissioner's 9.29 jurisdiction; and 9.30 (4) examine, under oath, any officer, agent or employee of 9.31 a business under the commissioner's jurisdiction concerningits9.32business and affairs; andany matter within the commissioner's 9.33 jurisdiction. 9.34(5) Prescribe rules, duly promulgated in accordance with9.35chapter 14, relating to rates, care in handling and other9.36livestock transportation matters.10.1 Sec. 12. Minnesota Statutes 1996, section 219.074, 10.2 subdivision 2, is amended to read: 10.3 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 10.4 1992, and on or before July 1 of each of the next four years, 10.5 and as necessary afterward, the commissioner shall proposeto10.6the boarda list of grade crossings proposed to be vacated. The 10.7 list must be developed by applying the standards set forth in 10.8 the rules adopted under section 219.073. Grade crossings that 10.9 are part of an abandonment, closing, or removalunder section10.10219.741may not be included in the list. Theboardcommissioner 10.11 shall notify the public officials having the necessary authority 10.12 and the railway companies operating the railroads of the 10.13 proposed vacations. Either affected party may request a 10.14 hearing. If requested, theboardcommissioner shall hold a 10.15 contested case hearing, applyingin its determinationthe rules 10.16 developed under section 219.073. If after the hearing theboard10.17 commissioner determines that the vacation is consistent with the 10.18 standards adopted under section 219.073,itthe commissioner may 10.19 order the crossing vacated. If a request for a hearing on a 10.20 particular crossing is not received within 30 days of the 10.21 publication in the State Register, theboardcommissioner shall 10.22 order the crossing vacated. 10.23 Sec. 13. Minnesota Statutes 1996, section 219.384, 10.24 subdivision 2, is amended to read: 10.25 Subd. 2. [PENALTY.] A railroad company, road authority, or 10.26 property owner that fails to comply with this section within 30 10.27 days after being notified in writing is subject to a fine of $50 10.28 for each day that the condition is uncorrected. This penalty 10.29 may be recoveredin the manner provided in section 219.97,10.30subdivision 5in a civil action brought by the attorney general 10.31 or by the county attorney of the county through or into which 10.32 that railroad extends. 10.33 Sec. 14. Minnesota Statutes 1996, section 219.98, is 10.34 amended to read: 10.35 219.98 [FEES FOR APPLYING FORBOARDCOMMISSIONER ORDER.] 10.36 A person other than the state, a state agency, or a 11.1 political subdivision, who applies for an order of theboard11.2relating to clearances under section 219.47, permitting the11.3abandonment or removal of track under section 219.741, or11.4permitting abandonment of a station or discontinuance or11.5reduction of agency service under section 219.85,commissioner 11.6 shall pay, at the time the application is filed, into the state 11.7 treasury, a fee of $100.A person other than the state, a state11.8agency, or a political subdivision, applying for an order of the11.9board under any other provision of this chapter shall pay, at11.10the time the application is filed, into the state treasury a fee11.11of $50.11.12 Sec. 15. Minnesota Statutes 1996, section 360.015, is 11.13 amended by adding a subdivision to read: 11.14 Subd. 13a. [ASSISTANCE FOR MUNICIPALITY'S AIR 11.15 TRANSPORTATION SERVICES.] The commissioner may render assistance 11.16 to a municipality to initiate and enhance scheduled air service, 11.17 including marketing surveys and promotions. The cost of this 11.18 assistance must be paid out of the state airports fund and from 11.19 legislative appropriations made for that purpose. Money may be 11.20 spent for purposes of this section only with the approval and 11.21 under the supervision of the commissioner. 11.22 Sec. 16. Minnesota Statutes 1996, section 360.017, 11.23 subdivision 1, is amended to read: 11.24 Subdivision 1. [CREATION.] There is hereby created a fund 11.25 to be known as the state airports fund. The fund shall consist 11.26 of all money appropriated to it, or directed to be paid into it, 11.27 by the legislature. The state airports fund shall be paid out 11.28 on authorization of the commissioner and shall be used: 11.29 (1) to acquire, construct, improve, maintain, and operate 11.30 airports and other air navigation facilitiesand; 11.31 (2) to assist municipalities in the acquisition, 11.32 construction, improvement, and maintenance of airports and other 11.33 air navigation facilities. The fund may also be used; 11.34 (3) to assist municipalities to initiate, enhance, and 11.35 market scheduled air service at their airports; 11.36 (4) to promote interest and safety in aeronautics through 12.1 education and information.; and 12.2 (5) to pay the salaries and expensesinof the department 12.3 of transportation related to aeronautic planning, 12.4 administration, and operationshall be paid from the state12.5airports fund. All allotments of money from the state airports 12.6 fund for salaries and expenses shall be approved by the 12.7 commissioner of finance. 12.8 Sec. 17. Minnesota Statutes 1996, section 360.305, is 12.9 amended by adding a subdivision to read: 12.10 Subd. 2a. [INCENTIVES.] The commissioner may use state 12.11 airport funds to match or supplement municipal expenditures to 12.12 provide financial incentives to air carriers providing scheduled 12.13 service to the municipality. 12.14 Sec. 18. Minnesota Statutes 1996, section 574.26, 12.15 subdivision 1a, is amended to read: 12.16 Subd. 1a. [EXEMPTION;EXEMPTIONS: CERTAIN MANUFACTURERS; 12.17 COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 12.18 do not apply to a manufacturer of public transit buses that 12.19 manufactures at least 100 public transit buses in a calendar 12.20 year. For purposes of this section, "public transit bus" means 12.21 a motor vehicle designed to transport people, with a design 12.22 capacity for carrying more than 40 passengers, including the 12.23 driver. The term "public transit bus" does not include a school 12.24 bus, as defined in section 169.01, subdivision 6. 12.25 (b) At the discretion of the commissioner of 12.26 transportation, sections 574.26 to 574.32 do not apply to any 12.27 projects of the department of transportation (1) costing less 12.28 than $75,000, or (2) involving the permanent or semipermanent 12.29 installation of heavy machinery, fixtures, or other capital 12.30 equipment to be used primarily for maintenance or repair. 12.31 Sec. 19. Laws 1995, chapter 248, article 13, section 4, 12.32 subdivision 2, is amended to read: 12.33 Subd. 2. [PILOT PROJECT.] Notwithstanding any law to the 12.34 contrary, thegovernor shall designate an executive agency that,12.35during the biennium endingdepartment of transportation, until 12.36 June 30,19971998, is exempt from any law, rule, or 13.1 administrative procedure that requires approval of the 13.2 commissioner of administration before an agency enters into a 13.3 contract. The agency selected in this subdivision must 13.4 establish a process for obtaining goods and services that 13.5 complies with the policies in subdivision 1. The process must 13.6 include guidelines to prevent conflicts of interest for agency 13.7 employees involved in developing bid specifications or 13.8 proposals, evaluating bids or proposals, entering into 13.9 contracts, or evaluating the performance of a contractor. The 13.10 guidelines must attempt to ensure that such an employee: 13.11 (1) does not have any financial interest in and does not 13.12 personally benefit from the contract; 13.13 (2) does not accept from a contractor or bidder any 13.14 promise, obligation, contract for future reward, or gift, other 13.15 than an item of nominal value; and 13.16 (3) does not appear to have a conflict of interest because 13.17 of a family or close personal relationship to a contractor or 13.18 bidder, or because of a past employment or business relationship 13.19 with a contractor or bidder. 13.20 Upon request of the agency, the department of 13.21 administration shall provide the agency technical assistance in 13.22 designing such a process. 13.23 Sec. 20. [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 13.24 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 13.25 282.018, subdivision 1, Hennepin county may sell to the 13.26 Minnesota department of transportation the tax-forfeited land 13.27 bordering public water that is described in paragraph (c). 13.28 (b) The conveyance must be in the form approved by the 13.29 attorney general. 13.30 (c) The land that may be conveyed is located in the city of 13.31 Champlin, Hennepin county and is described as: That part of Lot 13.32 11, Block 5, Auditor's Subdivision No. 15, according to the plat 13.33 thereof on file and of record in the office of the County 13.34 Recorder in and for Hennepin County, Minnesota, lying south of a 13.35 line run parallel with and distant 43 feet north of the south 13.36 line of Government Lot 3, Section 19, Township 120 North, Range 14.1 21 West and lying east of a line run parallel with and distant 14.2 36.5 feet east of the west line of said Government Lot 3; 14.3 together with all right of access, being the right of 14.4 ingress to and egress from said Lot 11 to U.S. Highway No. 169 14.5 and Hayden Lake Road. 14.6 Subject to permanent easement for sanitary sewers granted 14.7 to the metropolitan council on March 2, 1995, by the Hennepin 14.8 county auditor. Subject to easements of record. 14.9 Sec. 21. [INSTRUCTION TO REVISOR.] 14.10 The revisor of statutes is directed to change the terms 14.11 "transportation regulation board," "board," "board's," "board or 14.12 commissioner," "commissioner or board," "board or the 14.13 commissioner," "commissioner or the board," "commissioner and 14.14 the board," "commissioner and board," "board and the 14.15 commissioner," "board and commissioner," "department and board," 14.16 "board or department," and "board and the department," when 14.17 referring to the transportation regulation board, to the term 14.18 "commissioner," "commissioner's," or "commissioner of 14.19 transportation," as appropriate, wherever those terms appear in 14.20 Minnesota Statutes, chapters 218, 219, and 222. 14.21 Sec. 22. [TRUNK HIGHWAYS; EFFECTIVE DATES; INSTRUCTION TO 14.22 REVISOR.] 14.23 Subdivision 1. [DESCRIPTION OF ROUTE NO. 107 CHANGED; 14.24 EFFECTIVE DATE.] Section 3 is effective when an agreement to 14.25 transfer jurisdiction of a portion of marked Route No. 52 has 14.26 been signed by the commissioner of transportation and the chair 14.27 of the Hennepin county board and filed in the office of the 14.28 commissioner. 14.29 Subd. 2. [DESCRIPTION OF ROUTE NO. 125 CHANGED; EFFECTIVE 14.30 DATE.] Sections 4 and 23, paragraph (b), are effective when the 14.31 transfer of jurisdiction of a portion of the old route is agreed 14.32 to by the commissioner of transportation and Ramsey county and a 14.33 copy of the agreement, signed by the commissioner and the chair 14.34 of the Ramsey county board, has been filed in the office of the 14.35 commissioner. 14.36 Subd. 3. [ROUTE NO. 126 DISCONTINUED; EFFECTIVE 15.1 DATE.] Section 23, paragraph (a), is effective when the transfer 15.2 of jurisdiction of legislative Route No. 126 is agreed to by the 15.3 commissioner of transportation and Ramsey county and a copy of 15.4 the agreement, signed by the commissioner and the chair of the 15.5 Ramsey county board, has been filed in the office of the 15.6 commissioner. 15.7 Subd. 4. [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 15.8 DATE.] Section 5 is effective when the transfer of jurisdiction 15.9 of a portion of the old route is agreed to by the commissioner 15.10 of transportation and Hennepin county and a copy of the 15.11 agreement, signed by the commissioner and the chair of the 15.12 Hennepin county board, has been filed in the office of the 15.13 commissioner. 15.14 Subd. 5. [INSTRUCTION TO REVISOR.] The revisor of statutes 15.15 shall delete the route identified in subdivision 3 and change 15.16 the description of each route identified in subdivisions 1, 2, 15.17 and 4 in the next publication of Minnesota Statutes unless the 15.18 commissioner of transportation informs the revisor that the 15.19 conditions required to transfer a particular route were not 15.20 satisfied. 15.21 Sec. 23. [REPEALER.] 15.22 (a) Minnesota Statutes 1996, section 161.115, subdivision 15.23 57, is repealed. 15.24 (b) Minnesota Statutes 1996, section 161.122, is repealed. 15.25 (c) Minnesota Statutes 1996, sections 218.021; 218.025; 15.26 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 15.27 subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 and 2; 15.28 219.558; 219.559; 219.56; 219.681; 219.69; 219.691; 219.692; 15.29 219.695; 219.70; 219.71; 219.741; 219.743; 219.751; 219.755; 15.30 219.85; 219.97, subdivisions 6 and 7; and 222.633, are repealed. 15.31 Sec. 24. [EFFECTIVE DATES.] 15.32 Sections 1, 7, and 19 are effective the day following final 15.33 enactment. Sections 2 and 15 to 18 are effective July 1, 1997.