1.1                          A bill for an act 
  1.2             relating to motor carriers; allowing personnel of 
  1.3             departments of transportation and public safety to 
  1.4             conduct joint or combined audits of motor carrier 
  1.5             records; requiring commissioner of public safety to 
  1.6             provide commissioner of transportation information on 
  1.7             traffic accidents involving commercial motor vehicles; 
  1.8             providing for enforcement authority of personnel of 
  1.9             departments of transportation and public safety 
  1.10            relating to motor carriers; conforming state statutes 
  1.11            to federal motor carrier safety regulations; providing 
  1.12            for the reauthorization of the uniform hazardous 
  1.13            materials registration and permit program for an 
  1.14            additional year; authorizing administrative penalties 
  1.15            for violations of federal motor carrier safety 
  1.16            regulations; authorizing commissioner of 
  1.17            transportation to accept electronic signatures for 
  1.18            electronically transmitted motor carrier documents; 
  1.19            amending Minnesota Statutes 1996, sections 168.187, 
  1.20            subdivision 20; 169.09, subdivision 13; 169.85; 
  1.21            169.871, subdivisions 1 and 1a; 221.0314, subdivisions 
  1.22            2, 6, 7, 9, 10, and 11; 221.0355, subdivisions 5 and 
  1.23            15; 221.221, subdivisions 2 and 4; 296.17, subdivision 
  1.24            18; 296.171, subdivision 4; and 299D.06; Laws 1994, 
  1.25            chapter 589, section 8, as amended; proposing coding 
  1.26            for new law in Minnesota Statutes, chapter 221. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 1996, section 168.187, 
  1.29  subdivision 20, is amended to read: 
  1.30     Subd. 20.  [JOINT OR RECIPROCAL AUDITS.] The commissioner 
  1.31  of public safety may make arrangements with the commissioner of 
  1.32  transportation and with agencies of other states administering 
  1.33  motor vehicle registration laws for joint or reciprocal audits 
  1.34  of any owner. 
  1.35     Sec. 2.  Minnesota Statutes 1996, section 169.09, 
  1.36  subdivision 13, is amended to read: 
  2.1      Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
  2.2   APPROPRIATION.] (a) All written reports and supplemental reports 
  2.3   required under this section shall be for the use of the 
  2.4   commissioner of public safety and other appropriate state, 
  2.5   federal, county, and municipal governmental agencies for 
  2.6   accident analysis purposes, except: 
  2.7      (1) the commissioner of public safety or any law 
  2.8   enforcement agency shall, upon written request of any person 
  2.9   involved in an accident or upon written request of the 
  2.10  representative of the person's estate, surviving spouse, or one 
  2.11  or more surviving next of kin, or a trustee appointed pursuant 
  2.12  to section 573.02, disclose to the requester, the requester's 
  2.13  legal counsel, or a representative of the requester's insurer 
  2.14  the report required under subdivision 8; 
  2.15     (2) the commissioner of public safety shall, upon written 
  2.16  request, provide the driver filing a report under subdivision 7 
  2.17  with a copy of the report filed by the driver; 
  2.18     (3) the commissioner of public safety may verify with 
  2.19  insurance companies vehicle insurance information to enforce 
  2.20  sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
  2.21     (4) the commissioner of public safety may give to shall 
  2.22  provide the commissioner of transportation the name and address 
  2.23  of a carrier subject to section 221.031 for use in enforcing the 
  2.24  information obtained for each traffic accident report 
  2.25  requirements under chapter 221 involving a commercial motor 
  2.26  vehicle, for purposes of administering commercial vehicle safety 
  2.27  regulations; and 
  2.28     (5) the commissioner of public safety may give to the 
  2.29  United States Department of Transportation commercial vehicle 
  2.30  accident information in connection with federal grant programs 
  2.31  relating to safety. 
  2.32     (b) Accident reports and data contained in the reports 
  2.33  shall not be discoverable under any provision of law or rule of 
  2.34  court.  No report shall be used as evidence in any trial, civil 
  2.35  or criminal, arising out of an accident, except that the 
  2.36  commissioner of public safety shall furnish upon the demand of 
  3.1   any person who has, or claims to have, made a report, or, upon 
  3.2   demand of any court, a certificate showing that a specified 
  3.3   accident report has or has not been made to the commissioner 
  3.4   solely to prove compliance or failure to comply with the 
  3.5   requirements that the report be made to the commissioner. 
  3.6      (c) Nothing in this subdivision prevents any person who has 
  3.7   made a report pursuant to this section from providing 
  3.8   information to any persons involved in an accident or their 
  3.9   representatives or from testifying in any trial, civil or 
  3.10  criminal, arising out of an accident, as to facts within the 
  3.11  person's knowledge.  It is intended by this subdivision to 
  3.12  render privileged the reports required, but it is not intended 
  3.13  to prohibit proof of the facts to which the reports relate. 
  3.14     (d) Disclosing any information contained in any accident 
  3.15  report, except as provided in this subdivision, section 13.82, 
  3.16  subdivision 3 or 4, or other statutes, is a misdemeanor. 
  3.17     (e) The commissioner of public safety may charge authorized 
  3.18  persons a $5 fee for a copy of an accident report. 
  3.19     (f) The commissioner and law enforcement agencies may 
  3.20  charge commercial users who request access to response or 
  3.21  incident data relating to accidents a fee not to exceed 50 cents 
  3.22  per report.  "Commercial user" is a user who in one location 
  3.23  requests access to data in more than five accident reports per 
  3.24  month, unless the user establishes that access is not for a 
  3.25  commercial purpose.  Money collected by the commissioner under 
  3.26  this paragraph is appropriated to the commissioner. 
  3.27     Sec. 3.  Minnesota Statutes 1996, section 169.85, is 
  3.28  amended to read: 
  3.29     169.85 [WEIGHING; PENALTY.] 
  3.30     The driver of a vehicle which has been lawfully stopped may 
  3.31  be required by a peace an officer to submit the vehicle and load 
  3.32  to a weighing by means of portable or stationary scales, and the 
  3.33  peace officer may require that the vehicle be driven to the 
  3.34  nearest available scales if the distance to the scales is no 
  3.35  further than five miles, or if the distance from the point where 
  3.36  the vehicle is stopped to the vehicle's destination is not 
  4.1   increased by more than ten miles as a result of proceeding to 
  4.2   the nearest available scales.  Official traffic control devices 
  4.3   as authorized by section 169.06 may be used to direct the driver 
  4.4   to the nearest scale.  When a truck weight enforcement operation 
  4.5   is conducted by means of portable or stationary scales and signs 
  4.6   giving notice of the operation are posted within the highway 
  4.7   right-of-way and adjacent to the roadway within two miles of the 
  4.8   operation, the driver of a truck or combination of vehicles 
  4.9   registered for or weighing in excess of 12,000 pounds shall 
  4.10  proceed to the scale site and submit the vehicle to weighing and 
  4.11  inspection. 
  4.12     Upon weighing a vehicle and load, as provided in this 
  4.13  section, an officer may require the driver to stop the vehicle 
  4.14  in a suitable place and remain standing until a portion of the 
  4.15  load is removed that is sufficient to reduce the gross weight of 
  4.16  the vehicle to the limit permitted under section 169.825.  A 
  4.17  suitable place is a location where loading or tampering with the 
  4.18  load is not prohibited by federal, state, or local law, rule or 
  4.19  ordinance.  A driver may be required to unload a vehicle only if 
  4.20  the weighing officer determines that (a) on routes subject to 
  4.21  the provisions of section 169.825, the weight on an axle exceeds 
  4.22  the lawful gross weight prescribed by section 169.825, by 2,000 
  4.23  pounds or more, or the weight on a group of two or more 
  4.24  consecutive axles in cases where the distance between the 
  4.25  centers of the first and last axles of the group under 
  4.26  consideration is ten feet or less exceeds the lawful gross 
  4.27  weight prescribed by section 169.825, by 4,000 pounds or more; 
  4.28  or (b) on routes designated by the commissioner in section 
  4.29  169.832, subdivision 11, the overall weight of the vehicle or 
  4.30  the weight on an axle or group of consecutive axles exceeds the 
  4.31  maximum lawful gross weights prescribed by section 169.825; or 
  4.32  (c) the weight is unlawful on an axle or group of consecutive 
  4.33  axles on a road restricted in accordance with section 169.87.  
  4.34  Material unloaded must be cared for by the owner or driver of 
  4.35  the vehicle at the risk of the owner or driver. 
  4.36     A driver of a vehicle who fails or refuses to stop and 
  5.1   submit the vehicle and load to a weighing as required in this 
  5.2   section, or who fails or refuses, when directed by an officer 
  5.3   upon a weighing of the vehicle, to stop the vehicle and 
  5.4   otherwise comply with the provisions of this section, is guilty 
  5.5   of a misdemeanor. 
  5.6      When used in this section, the word "officer" means a peace 
  5.7   officer or an employee of the department of public safety 
  5.8   described in section 299D.06. 
  5.9      Sec. 4.  Minnesota Statutes 1996, section 169.871, 
  5.10  subdivision 1, is amended to read: 
  5.11     Subdivision 1.  [CIVIL LIABILITY.] The owner or lessee of a 
  5.12  vehicle that is operated with a gross weight in excess of a 
  5.13  weight limit imposed under sections 169.825 and 169.832 to 
  5.14  169.851 and 169.87 or a shipper who ships or tenders goods for 
  5.15  shipment in a single truck or combination vehicle that exceeds a 
  5.16  weight limit imposed under sections 169.825 and 169.832 to 
  5.17  169.851 and 169.87 is liable for a civil penalty as follows: 
  5.18     (a) If the total gross excess weight is not more than 1,000 
  5.19  pounds, one cent per pound for each pound in excess of the legal 
  5.20  limit; 
  5.21     (b) If the total gross excess weight is more than 1,000 
  5.22  pounds but not more than 3,000 pounds, $10 plus five cents per 
  5.23  pound for each pound in excess of 1,000 pounds; 
  5.24     (c) If the total gross excess weight is more than 3,000 
  5.25  pounds but not more than 5,000 pounds, $110 plus ten cents per 
  5.26  pound for each pound in excess of 3,000 pounds; 
  5.27     (d) If the total gross excess weight is more than 5,000 
  5.28  pounds but not more than 7,000 pounds, $310 plus 15 cents per 
  5.29  pound for each pound in excess of 5,000 pounds; 
  5.30     (e) If the total gross excess weight is more than 7,000 
  5.31  pounds, $610 plus 20 cents per pound for each pound in excess of 
  5.32  7,000 pounds. 
  5.33     Any penalty imposed upon a defendant under this subdivision 
  5.34  shall not exceed the penalty prescribed by this subdivision.  
  5.35  Any fine paid by the defendant in a criminal overweight action 
  5.36  that arose from the same overweight violation shall be applied 
  6.1   toward payment of the civil penalty under this subdivision.  A 
  6.2   peace officer or department of public safety employee described 
  6.3   in section 299D.06 who cites a driver for a violation of the 
  6.4   weight limitations established by sections 169.81 to 169.851 and 
  6.5   169.87 shall give written notice to the driver that the driver 
  6.6   or another may also be liable for the civil penalties provided 
  6.7   herein in the same or separate proceedings.  
  6.8      Sec. 5.  Minnesota Statutes 1996, section 169.871, 
  6.9   subdivision 1a, is amended to read: 
  6.10     Subd. 1a.  [SPECIAL PERMIT VIOLATIONS.] The owner or lessee 
  6.11  of a vehicle that is operated with a gross weight in excess of a 
  6.12  weight limit imposed by permit under sections 169.86 and 169.862 
  6.13  and a shipper who ships or tenders goods for shipment in a 
  6.14  single truck or combination vehicle that exceeds a weight limit 
  6.15  permitted under sections 169.86 or 169.862 is liable for a civil 
  6.16  penalty at a rate of five cents per pound for each pound in 
  6.17  excess of the weight permitted under section 169.86 or 169.862, 
  6.18  or $100, whichever is greater.  
  6.19     Any penalty imposed upon a defendant under this subdivision 
  6.20  shall not exceed the penalty prescribed by this subdivision.  
  6.21  Any fine paid by the defendant in a criminal overweight action 
  6.22  that arose from the same overweight violation may not be applied 
  6.23  toward payment of the civil penalty under this subdivision.  A 
  6.24  peace officer or department of public safety employee described 
  6.25  in section 299D.06 who cites a driver for a violation of the 
  6.26  weight limitations established by permit pursuant to section 
  6.27  169.86 or 169.862 shall give written notice to the driver that 
  6.28  the driver or another may also be liable for the civil penalty 
  6.29  provided in this subdivision in the same or separate proceedings.
  6.30     Sec. 6.  Minnesota Statutes 1996, section 221.0314, 
  6.31  subdivision 2, is amended to read: 
  6.32     Subd. 2.  [QUALIFICATIONS OF DRIVERS.] Code of Federal 
  6.33  Regulations, title 49, part 391 and appendixes C, D, and E, are 
  6.34  incorporated by reference except for sections 391.1; 391.2; 
  6.35  391.11, paragraph (b)(1); 391.47; 391.49, paragraphs (b) to (1); 
  6.36  391.51, paragraphs (f) and (g); 391.62; 391.64; 391.67; 391.68; 
  7.1   391.69; 391.71; and those sections incorporated in section 
  7.2   221.0313, subdivision 4 391.73.  In addition, the cross 
  7.3   references to Code of Federal Regulations, title 49, section 
  7.4   391.62, 391.67, or 391.71 or to part 391, subpart G, found in 
  7.5   Code of Federal Regulations, title 49, sections 391.11, 
  7.6   paragraphs (a) and (b); 391.21, paragraph (a); 391.23, paragraph 
  7.7   (a); 391.25; 391.27, paragraph (a); 391.31, paragraph (a); 
  7.8   391.35, paragraph (a); 391.41, paragraph (a); and 
  7.9   391.45, sections or paragraphs not incorporated in this 
  7.10  subdivision are not incorporated by reference. 
  7.11     Sec. 7.  Minnesota Statutes 1996, section 221.0314, 
  7.12  subdivision 6, is amended to read: 
  7.13     Subd. 6.  [DRIVING OF MOTOR VEHICLES.] Code of Federal 
  7.14  Regulations, title 49, part 392, is incorporated by reference, 
  7.15  except that sections 392.1, 392.2, and 392.30, paragraph (a), of 
  7.16  that part, are not incorporated. 
  7.17     Sec. 8.  Minnesota Statutes 1996, section 221.0314, 
  7.18  subdivision 7, is amended to read: 
  7.19     Subd. 7.  [PARTS AND ACCESSORIES NECESSARY FOR SAFE 
  7.20  OPERATION.] Code of Federal Regulations, title 49, part 393, is 
  7.21  incorporated by reference, except that sections 393.1, 393.3, 
  7.22  and 393.5 of that part are not incorporated for paragraph (d) of 
  7.23  section 393.43.  In addition, despite the first paragraph of 
  7.24  Code of Federal Regulations, title 49, section 393.95, a 
  7.25  lightweight vehicle must carry a fire extinguisher meeting the 
  7.26  requirements in Code of Federal Regulations, title 49, section 
  7.27  393.95. 
  7.28     Sec. 9.  Minnesota Statutes 1996, section 221.0314, 
  7.29  subdivision 9, is amended to read: 
  7.30     Subd. 9.  [HOURS OF SERVICE OF DRIVERS.] Code of Federal 
  7.31  Regulations, title 49, part 395, is incorporated by reference, 
  7.32  except that sections 395.3, paragraphs (d) to (f); 395.8, 
  7.33  paragraphs (k)(2) and (l)(2); paragraphs (a), (c), (d), (f), 
  7.34  (i), (j), (l), (m), (n), and (o) of section 395.1 and section 
  7.35  395.13, of that part are not incorporated.  In addition, the 
  7.36  cross reference references to paragraph (e) in Code of Federal 
  8.1   Regulations, title 49, section 395.3, paragraph (a), is sections 
  8.2   or paragraphs not incorporated in this subdivision are not 
  8.3   incorporated by reference.  The requirements of Code of Federal 
  8.4   Regulations, title 49, sections 395.3, paragraphs (a) and (b); 
  8.5   and 395.8, paragraphs (a) to (k), part 395, do not apply to 
  8.6   drivers of lightweight vehicles. 
  8.7      Sec. 10.  Minnesota Statutes 1996, section 221.0314, 
  8.8   subdivision 10, is amended to read: 
  8.9      Subd. 10.  [INSPECTION, REPAIR, AND MAINTENANCE.] Code of 
  8.10  Federal Regulations, title 49, part 396, is incorporated by 
  8.11  reference, except that sections 396.1, 396.9, and; 396.11, 
  8.12  paragraph (d); 396.17 to; 396.19; 396.21; and 396.23 of that 
  8.13  part are not incorporated. 
  8.14     Sec. 11.  Minnesota Statutes 1996, section 221.0314, 
  8.15  subdivision 11, is amended to read: 
  8.16     Subd. 11.  [TRANSPORTING HAZARDOUS MATERIALS; DRIVING AND 
  8.17  PARKING.] A person who transports hazardous materials shall 
  8.18  comply with this section and rules adopted under section 221.031 
  8.19  when that person is transporting a hazardous material, hazardous 
  8.20  waste, or hazardous substance in a vehicle that must be marked 
  8.21  or placarded in accordance with Code of Federal Regulations, 
  8.22  title 49, section 172.504, incorporated by reference in section 
  8.23  221.033.  Code of Federal Regulations, title 49, part 397, is 
  8.24  incorporated by reference, except that sections 397.1 to 397.3 
  8.25  of that part are not incorporated.  A petroleum transport driver 
  8.26  shall not park on a public street adjacent to a bridge, tunnel, 
  8.27  dwelling, building, or place where persons work, congregate, or 
  8.28  assemble, except when necessary to unload. 
  8.29     Sec. 12.  Minnesota Statutes 1996, section 221.0355, 
  8.30  subdivision 5, is amended to read: 
  8.31     Subd. 5.  [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 
  8.32  with its principal place of business in Minnesota or who 
  8.33  designates Minnesota as its base state shall file a disclosure 
  8.34  statement with and obtain a permit from the commissioner that 
  8.35  specifically authorizes the transportation of hazardous waste 
  8.36  before transporting a hazardous waste in Minnesota.  A carrier 
  9.1   that designates another participating state as its base state 
  9.2   shall file a disclosure statement with and obtain a permit from 
  9.3   that state that specifically authorizes the transportation of 
  9.4   hazardous waste before transporting a hazardous waste in 
  9.5   Minnesota.  A registration is valid for one year from the date a 
  9.6   notice of registration form is issued and a permit is valid for 
  9.7   three years from the date issued or until a carrier fails to 
  9.8   renew its registration, whichever occurs first. 
  9.9      (b) A disclosure statement must include the information 
  9.10  contained in part III of the uniform application.  A person who 
  9.11  has direct management responsibility for a carrier's hazardous 
  9.12  waste transportation operations shall submit a full set of the 
  9.13  person's fingerprints, with the carrier's disclosure statement, 
  9.14  for identification purposes and to enable the commissioner to 
  9.15  determine whether the person has a criminal record.  The 
  9.16  commissioner shall send the person's fingerprints to the Federal 
  9.17  Bureau of Investigation and shall request the bureau to conduct 
  9.18  a check of the person's criminal record.  The commissioner shall 
  9.19  not issue a notice of registration or permit to a hazardous 
  9.20  waste transporter who has not made a full and accurate 
  9.21  disclosure of the required information or paid the fees required 
  9.22  by this subdivision.  Making a materially false or misleading 
  9.23  statement in a disclosure statement is prohibited. 
  9.24     (c) The commissioner shall assess a carrier the actual 
  9.25  costs incurred by the commissioner for conducting the uniform 
  9.26  program's required investigation of the information contained in 
  9.27  a disclosure statement. 
  9.28     (d) A permit under this subdivision becomes a license under 
  9.29  section 221.035, subdivision 1, on August 1, 1997 1998, and is 
  9.30  subject to the provisions of section 221.035 until it expires. 
  9.31     Sec. 13.  Minnesota Statutes 1996, section 221.0355, 
  9.32  subdivision 15, is amended to read: 
  9.33     Subd. 15.  [HAZARDOUS WASTE LICENSES.] (a) From October 1, 
  9.34  1994, until August 1, 1997 1998, the commissioner shall not 
  9.35  register hazardous material transporters under section 221.0335 
  9.36  or license hazardous waste transporters under section 221.035.  
 10.1   A person who is licensed under section 221.035 need not obtain a 
 10.2   permit under subdivision 4 or 5 for the transportation of 
 10.3   hazardous waste in Minnesota, until the person's license has 
 10.4   expired.  A carrier wishing to transport hazardous waste in 
 10.5   another participating state shall obtain a permit under the 
 10.6   uniform program authorizing the transportation. 
 10.7      (b) The commissioner may refund fees paid under section 
 10.8   221.035, minus a proportional amount calculated on a monthly 
 10.9   basis for each month that a hazardous waste transporter license 
 10.10  was valid, to a person who was issued a hazardous waste 
 10.11  transporter license after May 5, 1994, who applied for a permit 
 10.12  authorizing the transportation of hazardous waste under 
 10.13  subdivisions 4 and 5 before October 1, 1994, and who was 
 10.14  subsequently issued that permit under the uniform program. 
 10.15     Sec. 14.  [221.0361] [ADMINISTRATIVE PENALTIES; SAFETY AND 
 10.16  HAZARDOUS MATERIALS RULES; ENFORCEMENT.] 
 10.17     Subdivision 1.  [COMMISSIONER'S AUTHORITY.] The 
 10.18  commissioner may issue an order administratively assessing a 
 10.19  monetary penalty of up to $1,000 for each violation of the (1) 
 10.20  vehicle identification requirements in section 221.031, 
 10.21  subdivision 6; (2) federal motor carrier safety regulations 
 10.22  incorporated in sections 221.0314 and 221.605; (3) hazardous 
 10.23  materials regulations incorporated in section 221.033; and (4) 
 10.24  the hazardous materials incident reporting requirements in 
 10.25  section 221.034. 
 10.26     Subd. 2.  [ADOPTION OF RULES.] (a) The commissioner shall 
 10.27  adopt rules governing the issuance of penalties under this 
 10.28  section.  The rules must include provisions establishing: 
 10.29     (1) a schedule of uniform penalty amounts for specific 
 10.30  violations or, if the commissioner decides to issue a penalty 
 10.31  not listed in the schedule, the procedure that must be used to 
 10.32  calculate the penalty amount; 
 10.33     (2) the contents of an order; 
 10.34     (3) the procedure for issuing and responding to an order; 
 10.35  and 
 10.36     (4) the due process procedures available to a person to 
 11.1   whom an order is issued. 
 11.2      (b) The rules also may include other provisions the 
 11.3   commissioner considers necessary to implement this section and 
 11.4   provisions under which the employees of the department of public 
 11.5   safety described in section 299D.06 may issue or recommend the 
 11.6   issuance of an order under this section.  The commissioners of 
 11.7   transportation and public safety shall cooperate in implementing 
 11.8   and enforcing this section. 
 11.9      Subd. 3.  [ELECTION OF PENALTIES.] The commissioner may not 
 11.10  both assess an administrative penalty under this section and 
 11.11  seek a criminal sanction under section 221.291, subdivision 3, 
 11.12  for the same violation. 
 11.13     Subd. 4.  [REVOCATION AND SUSPENSION OF PERMIT.] If a 
 11.14  person fails to pay a penalty owed under this section, the 
 11.15  commissioner has grounds to revoke or refuse to reissue or renew 
 11.16  a registration, permit, certificate, or license issued under 
 11.17  this chapter. 
 11.18     Subd. 5.  [ENFORCEMENT BY ATTORNEY GENERAL.] (a) The 
 11.19  attorney general may proceed on behalf of the state to enforce 
 11.20  penalties that are due and payable under this section in any 
 11.21  manner provided by law for the collection of debts. 
 11.22     (b) The attorney general may petition the district court to 
 11.23  file the administrative order as an order of the court.  At a 
 11.24  court hearing, the only issues parties may contest are 
 11.25  procedural and notice issues.  Once entered, the administrative 
 11.26  order may be enforced in the same manner as a final judgment of 
 11.27  the district court. 
 11.28     (c) If a person fails to pay the penalty, the attorney 
 11.29  general may bring a civil action in district court seeking 
 11.30  payment of the penalties, injunctive relief, or other 
 11.31  appropriate relief including monetary damages, attorney fees, 
 11.32  costs, and interest. 
 11.33     Subd. 6.  [CUMULATIVE REMEDY.] The authority of the 
 11.34  commissioner to issue a penalty order is in addition to other 
 11.35  remedies available under statutory or common law.  Except as 
 11.36  provided in subdivision 3, the payment of a penalty does not 
 12.1   preclude the use of other enforcement provisions in connection 
 12.2   with the violation for which the penalty was assessed. 
 12.3      Subd. 7.  [TRUNK HIGHWAY FUND.] Penalties collected under 
 12.4   this section must be deposited in the state treasury and 
 12.5   credited to the trunk highway fund. 
 12.6      Subd. 8.  [CONTESTED CASE HEARINGS.] A person subject to an 
 12.7   order issued under this section or rules adopted under this 
 12.8   section is entitled to a contested case hearing before an 
 12.9   administrative law judge who is employed on a full-time basis by 
 12.10  the office of administrative hearings.  The administrative law 
 12.11  judge's decision is the final administrative decision.  The 
 12.12  hearing must be conducted in accordance with sections 14.57 to 
 12.13  14.62, and is subject to appeal in accordance with sections 
 12.14  14.63 to 14.69. 
 12.15     Sec. 15.  [221.173] [ELECTRONIC SIGNATURES.] 
 12.16     (a) The commissioner may accept in lieu of a required 
 12.17  document completed on paper, an electronically transmitted 
 12.18  document authenticated by an electronic signature.  
 12.19     (b) The commissioner shall consult with the commissioner of 
 12.20  administration, who shall provide advice and assistance in 
 12.21  establishing criteria and standards for authentication of 
 12.22  electronic signatures and establishing to a reasonable certainty 
 12.23  the validity, security, and linkage of a specific, unaltered, 
 12.24  electronically transmitted document, its unforged signature, and 
 12.25  its authorized signer.  
 12.26     (c) The commissioner may determine the technology or system 
 12.27  to be used, which may include a private key/public key system, 
 12.28  an encrypted or cryptology-based system, a pen-based, on-screen 
 12.29  signature system that captures and verifies an autograph and 
 12.30  links it to a specific document, or other system or technology 
 12.31  or combination of systems.  
 12.32     (d) To the extent consistent with this section, laws and 
 12.33  rules pertaining to paper-based documents also pertain to 
 12.34  electronically transmitted documents. 
 12.35     Sec. 16.  Minnesota Statutes 1996, section 221.221, 
 12.36  subdivision 2, is amended to read: 
 13.1      Subd. 2.  [POLICE OFFICER ENFORCEMENT POWERS.] 
 13.2   Transportation representatives program specialists and hazardous 
 13.3   material program specialists of the department, for the purpose 
 13.4   of enforcing the provisions of this chapter, sections 169.781 to 
 13.5   169.783 relating to commercial vehicle inspections, and section 
 13.6   296.17, subdivisions 10 and 17, relating to motor carrier 
 13.7   licenses and trip permits, and the applicable rules, orders, or 
 13.8   directives of the commissioner, the commissioner of revenue, and 
 13.9   the board issued under this chapter and chapter 296, but for no 
 13.10  other purpose, have the powers conferred by law upon police 
 13.11  officers.  The powers include the authority to conduct 
 13.12  inspections at designated highway weigh stations or under other 
 13.13  appropriate circumstances. 
 13.14     Sec. 17.  Minnesota Statutes 1996, section 221.221, 
 13.15  subdivision 4, is amended to read: 
 13.16     Subd. 4.  [INSPECTION OF DOCUMENTS.] Records, log books, 
 13.17  certificates, licenses, shipping documents, or other papers or 
 13.18  documents required to be maintained in the carrier's files or in 
 13.19  vehicles subject to determine compliance with this chapter and 
 13.20  rules adopted under this chapter, must be presented for 
 13.21  inspection, upon request, to a peace officer or police officer 
 13.22  or other person empowered to enforce the provisions of this 
 13.23  chapter.  
 13.24     Sec. 18.  Minnesota Statutes 1996, section 296.17, 
 13.25  subdivision 18, is amended to read: 
 13.26     Subd. 18.  [COOPERATIVE AUDITS.] The commissioner may make 
 13.27  arrangements with the commissioner of transportation and may 
 13.28  enter into agreements with the appropriate authorities of other 
 13.29  states having statutes similar to this act for the cooperative 
 13.30  audit of motor carriers' reports and returns.  In performing any 
 13.31  such audit, or part thereof, the officers and employees of 
 13.32  the department of transportation and the other state or states 
 13.33  shall be deemed authorized agents of this state for such 
 13.34  purpose, and such audits, or parts thereof, shall have the same 
 13.35  effect as similar audits, or parts thereof, when made by the 
 13.36  commissioner. 
 14.1      Sec. 19.  Minnesota Statutes 1996, section 296.171, 
 14.2   subdivision 4, is amended to read: 
 14.3      Subd. 4.  [EXCHANGES OF INFORMATION.] The commissioner of 
 14.4   public safety may make arrangements or agreements with the 
 14.5   commissioner of transportation and other states to exchange 
 14.6   information for audit and enforcement activities in connection 
 14.7   with fuel tax licensing.  The filing of fuel tax returns under 
 14.8   this section is subject to the rights, terms, and conditions 
 14.9   granted or contained in the applicable agreement or arrangement 
 14.10  made by the commissioner under the authority of this section. 
 14.11     Sec. 20.  Minnesota Statutes 1996, section 299D.06, is 
 14.12  amended to read: 
 14.13     299D.06 [INSPECTIONS; WEIGHING.] 
 14.14     (a) Department personnel must be classified employees 
 14.15  assigned to the division of state patrol if they are employed to 
 14.16  enforce the: 
 14.17     (1) laws relating to motor vehicle equipment,; school bus 
 14.18  equipment,; drivers license, drivers' licenses; motor vehicle 
 14.19  registration,; motor vehicle size and weight,; motor carrier 
 14.20  insurance, registration, and safety; and motor vehicle petroleum 
 14.21  tax, to enforce public utilities commission rules relating to 
 14.22  motor carriers, to enforce taxes; 
 14.23     (2) pollution control agency rules relating to motor 
 14.24  vehicle noise abatement,; and to enforce 
 14.25     (3) laws relating to directing the movement of vehicles 
 14.26  shall be classified employees of the commissioner of public 
 14.27  safety assigned to the division of state patrol.  
 14.28     (b) Employees engaged in these duties, while actually on 
 14.29  the job during their working hours only, shall have power to: 
 14.30     (1) issue citations in lieu of arrest and continued 
 14.31  detention; and to 
 14.32     (2) prepare notices to appear in court for violation of 
 14.33  these laws and rules, in the manner provided in section 169.91, 
 14.34  subdivision 3. 
 14.35  They shall not be armed and, except as provided in this section, 
 14.36  shall have none of the other powers and privileges reserved to 
 15.1   peace officers including the power to enforce traffic laws and 
 15.2   regulations. 
 15.3      Sec. 21.  Laws 1994, chapter 589, section 8, as amended by 
 15.4   Laws 1996, chapter 455, article 3, section 33, is amended to 
 15.5   read: 
 15.6      Sec. 8.  [REPEALER.] 
 15.7      Minnesota Statutes 1992, section 221.033, subdivision 4, is 
 15.8   repealed.  Section 5 is repealed effective August 1, 1997 1998.