Article 1 – Obsolete, Unnecessary, or Redundant Provisions

Section 1 provides an exception to the duty of executive agencies to provide information to the Commissioner of Administration concerning job creation through state-funded capital projects for the commissioner’s biannual report to the Legislature.  New language provides that MnDOT need not submit information to the Commissioner of Administration on jobs created through projects valued less than $5,000,000.

Section 2 adds “passenger rail projects” to the list of state-funded capital projects that are exempt from the requirement of advisory review of final plans and specifications by the chairs of the Senate Finance Committee and House of Representatives Ways and Means Committee.

Section 3 strikes language that allows money in the town bridge account to be spent on a culvert that replaces a deficient bridge in an approved county comprehensive water plan.  Language is stricken that allows 100 percent of the cost of replacing or rehabilitating a bridge structure or culvert to be paid from the county turnback account.

Section 4 strikes language that authorizes MnDOT to construct or acquire buildings and grounds for providing driver’s license examinations.

Section 5 strikes a requirement that MnDOT report to the legislative Transportation Committees concerning projects funded by the American Recovery and Reinvestment Act of 2009.

Section 6 strikes a requirement that, before money is paid out of the county state-aid highway (CSAH) disaster account to a county, the MnDOT commissioner must certify the amount of the aid to the Commissioner of Management and Budget, who must then issue a warrant for payment to the county.

Section 7 strikes the same language as section 6, applicable to the municipal state-aid street (MSAS) fund disaster account.

Section 8 amends a cross-reference to a statutory section that is repealed in this bill.  The repealed section relates to the screening board recommendation to the commissioner of an allocation amount for the MSAS revolving loan account.

Section 9 strikes language that contains specifics concerning bridges built over the Minnesota River below the city of Chaska.

Section 10 strikes language in the highway sign chapter that allows a fee to be charged for a star city sign.  The star city and county sign program authorization is repealed in this bill.

Section 11 changes a section dealing with the MnDOT commissioner’s powers and duties.  The bill retains language that allows the commissioner to accept and spend funds received under an agreement with another entity for various purposes.  However, language is stricken that requires the commissioner to report these receipts annually to the Commissioner of Management and Budget, and if receipts exceed $100,000, to the Governor, Senate, and House of Representatives Finance/Ways and Means committees.

Section 12 exempts the MnDOT commissioner, when submitting a legislative report electronically, from the statutory requirement of printing a certain number of copies of the report for the Legislative Reference Library.

Section 13 strikes a direction to MnDOT to submit a report by January 1, 1979, concerning pipeline operation policy.

Section 14 eliminates the requirement that MnDOT submit a biannual report to the legislative Transportation Committees concerning complaints investigated by the department about special transportation service providers regulated by MnDOT.

Section 15 changes a reporting requirement on safe routes to schools from an annual report to a biannual report.

Section 16 strikes language that requires MnDOT, with respect to intrastate motor carriers, to direct the repair or replacement of inadequate or unsafe motor carrier vehicles or facilities, and to require construction and maintenance of freight terminals, passenger depots, waiting rooms, and other accommodations, in order to protect passengers or property.

Section 17 strikes language requiring MnDOT to report aeronautics accidents to the federal government and to preserve component parts of aircraft involved in an accident until the federal government has instituted an investigation.

Section 18 updates a reference to the Civil Aeronautics Board, by replacing it with United States Department of Transportation.

Section 19 strikes language that sets the requirements for issuance of a registration certificate for collector aircraft when the original certificate has been lost or destroyed.

Section 20 eliminates a requirement that an aircraft manufacturer or dealer submit a monthly report to MnDOT containing aircraft transfer information.

Section 21 eliminates a requirement from the 2013 transportation budget law that MnDOT report each year to the Commissioner of Management and Budget concerning use of state road construction appropriations that were made before the current biennium.

Section 22 repeals statutory sections as follows:

Subdivision 1.  160.27, subd. 3. Authorization for outdoor telephone booths on highway right of way.

160.283, subd. 1. Legislative findings concerning the importance of the tourist industry and associated signage.

Subdivision 2. 161.05. Authorization for MnDOT to borrow money temporarily from other public funds when necessary to pay the state’s share of a project that is partly financed with federal funds.

161.06. Creates a contingent fund of $5,000 to be used for trunk highway purposes, including payroll, expense accounts, and garnishment.

161.07. Details requirements for MnDOT to make payments and utilize abstracts for payment.

161.08, subdivision 1. Requires the commissioner to keep accurate books of account, showing receipts and disbursements from the trunk highway fund.

161.082, subdivision 3. Allows the commissioner to transfer money from the CSAH construction account to the county turnback account when the account has insufficient money to fund a turnback; provides for repayment within ten years.

161.1231, subdivisions 3 and 9. Requires the commissioner to comply with federal law in connection with I-394 parking facilities, and repeals authorization to city of Minneapolis to issue bonds to pay its share of parking ramp construction

161.13. Authorizes the commissioner to add routes by order to the trunk highway system between legislative sessions to connect trunk highways and interstates.  This authority is limited to a five-mile segment, with total length of all segments not to exceed 25 miles.

161.161. Provides for joint county responsibility of trunk highway on county line that reverts to counties.

161.201. Allows MnDOT to enter into agreements with an agency of a city of the first class to provide relocation services to owners of property acquired for trunk highway purposes.

161.22. Allows the commissioner to employ appraisers to determine costs of property needed for trunk highway purposes.

161.31, subdivision 2. Authorizes the commissioner to print and distribute pamphlets containing information about the trunk highway system.

161.3205. Provides procedures for MnDOT to follow in entering into professional and technical services contracts.

161.3428. Requires MnDOT to submit to the Governor and Legislature annual list of executed design-build contracts.

161.51. Establishes federal-state safety account in the trunk highway fund.

Subdivision 3. 162.02, subdivision 2. Establishes the CSAH rules advisory committee.  [This subdivision is repealed in S.F. No. 2082, Sen. Carlson, passed by Transportation Committee.]

162.06, subdivision 6. Creates the CSAH revolving loan account.

162.065. Authorizes the screening board to recommend allocation of CSAH funds to the CSAH revolving loan account.

162.08, subdivision 3. Allows counties to allocate CSAH funds to towns, according to an allocation formula 

162.09, subdivision 3. Provides that MSAS rules have the force of law.  [This subdivision is repealed in SF2082, Sen. Carlson, passed by Transportation Committee.]

162.12, subdivision 5. Creates the MSAS revolving loan account.

162.125. Authorizes the screening board to recommend the allocation of MSAS funds to the MSAS revolving loan account.

Subdivision 4. 163.07, subdivision 3. Allows a county engineer to be granted a leave of absence.

Subdivision 5. 164.041. States legislative intent to remove limitations on town’s authority to levy taxes for road and bridge purposes.

164.05. Authorizes a town board to levy a town road drainage tax.

Subdivision 6. 165.09, subdivision 5. Requires approval of Secretary of Army before construction of bridge over navigable waters of the United States.

165.11. Allows joint planning and cost-sharing between town and county when a town road bridge has been destroyed by calamity and county contributed to the original construction cost.

165.13. Authorizes a county to lease or purchase (and exact tolls for the use of) a combination railroad and highway bridge that is closed.

Subdivision 7. 169.16. Relates to speed on bridges and allows local authorities to require MnDOT to investigate  bridge, adjust maximum speed, and post signs stating maximum speed.

169.835. Prohibits MnDOT from adding routes to the system of federal highway systems except in compliance with federal law.

169.867. Provides for a special milk-hauling permit to allow overweight operation.  Authority to issue permit expired in 2012.

Subdivision 8. 173.0845. Authorizes MnDOT to erect a star lake or river sign.

173.085. Authorizes MnDOT to erect star city and county signs.

Subdivision  9. (a) 174.02,  subdivision 7. Allows MnDOT to receive loans from the transportation revolving loan fund.

174.05. Requires notification by Pollution Control Agency concerning transportation-related proposed rules, and requires MnDOT to submit review of proposed rules.

174.06, subdivision 8. Requires MnDOT to submit recommendations by 1979 to the governor and legislature concerning recommended statutory updates.

174.19. Requires underground fuel storage tanks procured by MnDOT to meet certain standards.

174.256, subdivision 5. Directs MnDOT to evaluate park-and-ride programs and report to the legislature by 1981.

174.50, subdivisions 6a and 6b.  Allows MnDOT to make a grant to a political subdivision for preliminary engineering of a river crossing that requires environmental impact studies.  Grants may be made to smaller cities until 2007.

174.93, subdivision 2. Requires MnDOT to submit a biannual report on the status of guideway projects.

(b) 2013 Supplement, section 174.03, subdivision 1d. Directs MnDOT to conduct a freight rail economic development study and submit a final report on November 15, 2013.

Subdivision 10. 181.28. Limits the number of consecutive hours locomotive engineers and fire tenders can work.

181.29. Limits the number of consecutive hours railroad employees can remain on duty without rest.

181.30. Classifies the violation of the railroad employee hours limitations in the previous two sections as a misdemeanor.

Subdivision 11.  218.021.  Requires common carriers to charge the amounts stated in their fixed schedules and not allow preferential terms to any customer, other than stated entities, including government entities and charitable workers.

218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10. Prescribes duties of common carriers, including publication of rates and charges, and provides for liability, court actions, and procedures for claims.

218.041, subdivisions 1, 2, 7. States duties of MnDOT with regard to common carriers under state and federal law.

Subdivision 12. 219.55. Authorizes MnDOT to require a railroad company to construct and maintain loading platforms.

219.562, subdivisions 1, 1a, 3, and 4. Establishes standards for a motor vehicle designed for highway use and used by a railroad company to transport employees.

219.565. Creates a gross misdemeanor chargeable against a railroad officer who employs an engineer who cannot read, and also chargeable against the engineer who cannot read.

219.566. Creates a gross misdemeanor chargeable against an intoxicated person who performs certain functions on a railway or on a steamboat.

Subdivision 13. 221.123. States process for transfer of a household goods carrier permit when the permit holder has died.

221.151, subdivision 1. Establishes condition for assignment or transfer of household goods carrier permit.

221.241. Prohibits use of motor carrier for transportation of food if livestock has been transported in the same vehicle and the vehicle has not been cleaned.

221.251. Creates process for claim against motor carrier for overcharge.

221.295. Requires MnDOT to notify Metropolitan Council of any matters before MnDOT that affect transit, including study of proposed transit systems.

Subdivision 14. 222.04. Creates a deadline for a railroad company to select and receive patents for swamp lands that have been granted to it by the state.

222.06. Allows acquisition by a railroad corporation of stock of another railroad company, when lines can be connected; prohibits acquisition of a competitor railroad company.

222.07. Provides for liability of a domestic railroad that has leased its tracks to a foreign railroad corporation for injury caused by negligence of the foreign corporation.

222.08. Prohibits consolidation of competing railroad companies.

222.09. Permits consolidation of railroad companies to create a continuous main line.

222.10. Establishes rights and duties of consolidated railroad company.

222.11. Prescribes methods of combining railroad companies.

222.12. Allows a domestic railroad corporation to aid another railroad corporation in the construction of its road to form a connection between the two railroads.

222.13. Authorizes a domestic railroad corporation to borrow money and execute bonds up to an amount equal to 2/3 of its capital

222.141. Legalizes corporate bonds to secure mortgages and deeds of trust, without regard to rate of interest, executed by telegraph or telephone companies.

222.15. Prescribes credit terms and timing of passage of title for a contract for purchase and sale of railroad equipment or rolling stock.

222.16. Authorizes conditional sale following lease of railroad equipment or rolling stock and prescribes timing of passage of title.

222.17. Establishes formalities for creating an equipment trust covering rolling stock.

222.18. Establishes formalities for recording a mortgage or deed of trust to secure a debt executed by a railroad or telegraph or telephone company.

222.19. Authorizes a domestic railroad corporation to issue special and preferred stock.

222.20. Provides for voting rights for stockholders and bondholders to elect directors.

222.21. Requires approval of bondholders and preferred stockholders for sale, lease, or change of control of property of domestic railroad company.

222.22. Establishes powers and duties of incorporators of a railroad corporation at the first annual meeting.

222.23. Prescribes felony penalties for issuance of unpaid and fictitious stock by a railroad company.

222.24. Allows domestic railroad company to exercise its rights in any other state or country, subject to applicable laws.

222.25. Allows railroad company to cross or join its railroad with that of another company.

222.28. Allows railroad company to extend its road or build branch railroads from its line to connect with another line.

222.31. Prescribes mechanism for railroad company to alter its route.

222.32. Provides further procedures for railroad company to alter its route.

222.35. Establishes requirements for the annual meeting of shareholders of a domestic railroad corporation.

Subdivision 15. 360.013, subdivision 59. Defines “state airway” for the aeronautics chapter of statutes.

360.015, subdivisions 11a, 17, and 19. Prescribes commissioner’s powers and duties with regard to aeronautical accidents.

360.55, subdivision 7. Provides for a temporary permit in lieu of other taxes for a nonresident aircraft to be used for an air show or exposition.

 Article 2:  Conforming Changes

Sections 1-18 remove statutory references to statutes changed or repealed in Article 1.

BB/KB:rer