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Alexis C. Stangl
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S.F. No. 2154 - MnDOT Housekeeping Bill (Second Engrossment)
 
Author: Senator Roger Reinert
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 24, 2014



 

Section 1 identifies what must be included on an invoice and when an invoice must be submitted for construction contracts for purposes of determining when a payment to a vendor is late.  No interest penalty accrues against an agency for late payment of a disputed claim.

Section 2 removes the 60-day period after MnDOT notifies a contractor of noncompliance with the contract, after which the commissioner may resort to the defaulting contractor’s surety bond to arrange completion of the job.  The 60-day period is replaced by the period specified in the contract.

Section 3 modifies the law encouraging the commissioner to dispose of excess real estate after analyzing it and finding it unsuitable for potential nonmotorized transportation use.  The section provides that the property may be transferred without this analysis if deed restrictions, easements, or agreements prohibit the use of the property for bicycle of pedestrian facilities.

Section 4 amends a section of law dealing with the commissioner’s duty to estimate money that will be available to the county state-aid highway (CSAH) fund.  The section strikes the current inclusion in the estimate of actual receipts from July through October and requires a calculation based on actual receipts at the time of the allocation calculation, along with unallocated fund balance and projected receipts for the remainder of the fiscal year.

Section 5 deletes the requirement that the formula to distribute money to a county from the town road account consider a town's levy for road and bridge purposes.

Section 6 amends a section of law dealing with the commissioner’s duty to estimate money that will be available to the municipal state-aid street (MSAS) fund.  The section strikes the current inclusion in the estimate of actual receipts from July through October and requires a calculation based on actual receipts at the time of the allocation calculation, along with unallocated fund balance and projected receipts for the remainder of the fiscal year.

Section 7 specifies a county engineer’s duties in performing an annual certification to the commissioner of the completion of bridge inspections in the county.   New language requires the county engineer to identify any deficiency that requires action, including the need for a load rating analysis.  The report may contain recommendations to improve safety of understrength or unsafe bridges.

Section 8 clarifies the county’s responsibilities when a town fails to remedy problems identified in a town bridge inspection.  The section grants the following new authority to counties:

  • The county is authorized to perform a load rating analysis and bill the town for its costs, if the town fails to perform a required analysis within 90 days after the county’s notification to the town that the analysis is required.
  • The county is authorized to provide a new or different required load posting on a town bridge and bill the town for its costs, if the town fails to post within 30 days of receiving the county’s notification to the town.
  • The county engineer is authorized to close a town bridge that is a critical risk to public safety.  The county may bill the town for its costs.
  • A county is not liable for a town’s failure to repair or replace deficient bridges or provide load postings.

Section 9 allows a driver making a U-turn in a reduced conflict intersection, to utilize the farthest lane of a roadway with two or more lanes in the same direction when necessary to accommodate vehicle configuration and if it is safe to do so.

Section 10 allows a driver making a U-turn to drive the vehicle into the farthest lane and temporarily use the shoulder, when necessary to accommodate vehicle configuration on a roadway with two or more lanes in the same direction.

Section 11 exempts covered farm vehicles (as defined in federal law MAP-21) from state annual commercial vehicle inspection laws, unless the vehicle is carrying certain hazardous materials.

Section 12 provides that a bicyclist must ride in the right-hand lane when available unless there are conditions that make it unsafe to do so.

Section 13 exempts covered farm vehicles (as defined in federal law MAP-21) from state daily commercial vehicle inspection laws, unless the vehicle is carrying certain hazardous materials.

Section 14 modifies the section requiring drivers of seven-axle vehicles hauling raw agricultural products, who apply for an annual permit to operate overweight, to comply with state driver qualification requirements by cross-referencing an exemption under section 18.

Section 15 allows a driver with a class D driver’s license to operate a covered farm vehicle (as defined in federal law MAP-21), unless the vehicle is carrying certain hazardous materials.

Section 16 exempts a person operating a covered farm vehicle that is not carrying certain hazardous materials from the requirement to possess a valid class A, class B, or class C commercial driver’s license.

Section 17 removes a limitation in the open appropriation provided for the trunk highway fund transportation economic development account.  Current law appropriates only money available prior to August 1, 2013, but the section removes the date limitation and allows any money in the account to be available until expended.

Section 18 extends the Non-Motorized Transportation Advisory Committee until June 30, 2018, striking the current sunset date of June 30, 2014.

Section 19 exempts covered farm vehicles not carrying certain hazardous materials, operating in intrastate commerce, from federal regulations concerning driver qualifications, hours of service, and inspection, repair, and maintenance.

Section 20 recodifies an existing exemption to a different section of statutes relating to intrastate transportation.  The section exempts drivers in intrastate transportation within a 150-air-mile radius from the source of the commodities or from the distribution point of farm supplies for agricultural commodities, farm supplies, or sugar beets during specified periods.

Section 21 reduces the amount of a 2010 phase 1 trunk highway bond appropriation for a new maintenance facility in Rochester.

Section 22 increases the amount (equal to the reduction in section 24) of a 2012 phase 2 trunk highway bond appropriation for the Rochester maintenance facility and remodeling of the district headquarters.

Section 23 corrects the amount of a 2012 cancellation of a 2007 trunk highway bond appropriation for reconstruction of trunk highways and bridges following flooding in southeast Minnesota.

Section 24 amends a 2013 highway turnback authorization, by adding a condition of the commissioner’s agreement with the city of Mankato.

Section 25 requires that a copy of the agreement between the commissioner of transportation and the Mankato city council must be received by the commissioner before a certain section of statute relating to Legislative Route 256 is repealed.

Section 26 repeals:

(a) A trunk highway, Route 309, that serves the Brainerd State School and Hospital.

(b) A section concerning hours of service exemptions that is recodified in section 23.

BB/KB:rer

 
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