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Legislative history and Authors
CHAPTER 295-S.F.No. 2263
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.