HF 3084
1st Unofficial Engrossment - 88th Legislature (2013 - 2014)
Posted on 05/02/2014 08:21 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to transportation; eliminating certain reporting requirements; eliminating
1.3or modernizing antiquated, unnecessary, redundant, and obsolete provisions;
1.4making conforming changes;amending Minnesota Statutes 2012, sections
1.512A.16, subdivision 5; 16A.633, subdivision 4; 16B.335, subdivision 1; 16B.51,
1.6subdivision 1; 161.082, subdivision 2a; 161.20, subdivision 2; 161.3410,
1.7subdivision 1; 161.3412, subdivision 2; 161.3414, subdivision 1; 161.3418,
1.8subdivision 2; 161.36, subdivision 7; 162.06, subdivision 3; 162.12, subdivision
1.93; 162.13, subdivision 1; 165.09, subdivision 3; 169.86, subdivision 5; 173.02,
1.10subdivisions 6, 16; 173.13, subdivision 4; 174.02, subdivisions 6, 8; 174.06,
1.11subdivision 7; 174.30, subdivision 9; 174.40, subdivision 8; 174.50, subdivision
1.126b; 174.66; 221.022; 221.0252, subdivision 7; 221.026, subdivision 2; 221.031,
1.13subdivision 1; 221.036, subdivisions 1, 3; 302A.021, subdivision 10; 322B.02;
1.14336.9-201; 360.015, subdivision 2; 360.511, subdivision 4; 360.55, subdivision
1.154; 360.59, subdivision 7; Laws 2013, chapter 117, article 1, section 3,
1.16subdivision 7; repealing Minnesota Statutes 2012, sections 160.27, subdivision
1.173; 160.283, subdivision 1; 161.05; 161.06; 161.07; 161.08, subdivision 1;
1.18161.082, subdivision 3; 161.1231, subdivisions 3, 9; 161.13; 161.161; 161.201;
1.19161.22; 161.31, subdivision 2; 161.3205; 161.3428; 161.51; 162.02, subdivision
1.202; 162.06, subdivision 6; 162.065; 162.08, subdivision 3; 162.09, subdivision
1.213; 162.12, subdivision 5; 162.125; 163.07, subdivision 3; 164.041; 164.05;
1.22165.09, subdivision 5; 165.11; 165.13; 169.16; 169.835; 169.867; 173.0845;
1.23173.085; 174.02, subdivision 7; 174.05; 174.06, subdivision 8; 174.19; 174.256,
1.24subdivision 5; 174.50, subdivision 6a; 181.28; 181.29; 181.30; 218.021;
1.25218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 218.041, subdivisions 1, 2, 7;
1.26219.55; 219.562, subdivisions 1, 1a, 3, 4; 219.565; 219.566; 221.123; 221.151,
1.27subdivision 1; 221.241; 221.295; 222.04; 222.06; 222.07; 222.08; 222.09; 222.10;
1.28222.11; 222.12; 222.13; 222.141; 222.15; 222.16; 222.17; 222.18; 222.19;
1.29222.20; 222.21; 222.22; 222.23; 222.24; 222.25; 222.28; 222.31; 222.32; 222.35;
1.30360.013, subdivision 59; 360.015, subdivisions 11a, 17, 19; 360.55, subdivision
1.317; Minnesota Statutes 2013 Supplement, section 174.03, subdivision 1d.
1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1ARTICLE 1
2.2OBSOLETE, UNNECESSARY, OR REDUNDANT PROVISIONS
2.3 Section 1. Minnesota Statutes 2012, section 16A.633, subdivision 4, is amended to read:
2.4 Subd. 4. Report on jobs created or retained. By September 1 of each
2.5odd-numbered year, the commissioner must report to legislative committees with
2.6jurisdiction over capital investment on the jobs created or retained as a result of capital
2.7project funding by the state, whether with state general obligation bond proceeds or other
2.8state funding sources, during the previous biennium. Each state agency must provide the
2.9commissioner the information necessary, and must require its capital project grantees to
2.10provide the information necessary, for the commissioner to make the report. The report
2.11must include, but is not limited to, the following information: the number and types of
2.12jobs for each project, whether the jobs are new or retained, where the jobs are located,
2.13and pay ranges of the jobs. The Board of Regents of the University of Minnesota, the
2.14Board of Trustees of the Minnesota State Colleges and Universities, and each state agency
2.15receiving an appropriation for a capital project shall collect and provide the information at
2.16the time and in the manner required by the commissioner.new text begin This subdivision does not apply new text end
2.17new text begin to Department of Transportation state-aid projects valued less than $5,000,000.new text end
2.18 Sec. 2. Minnesota Statutes 2012, section 16B.335, subdivision 1, is amended to read:
2.19 Subdivision 1. Construction and major remodeling. (a) The commissioner, or
2.20any other recipient to whom an appropriation is made to acquire or better public lands or
2.21buildings or other public improvements of a capital nature, must not prepare final plans and
2.22specifications for any construction, major remodeling, or land acquisition in anticipation of
2.23which the appropriation was made until the agency that will use the project has presented
2.24the program plan and cost estimates for all elements necessary to complete the project to
2.25the chair of the senate Finance Committee and the chair of the house of representatives
2.26Ways and Means Committee and the chairs have made their recommendations, and
2.27the chair of the house of representatives Capital Investment Committee is notified.
2.28"Construction or major remodeling" means construction of a new building, a substantial
2.29addition to an existing building, or a substantial change to the interior configuration of an
2.30existing building. The presentation must note any significant changes in the work that
2.31will be done, or in its cost, since the appropriation for the project was enacted or from the
2.32predesign submittal. The program plans and estimates must be presented for review at least
2.33two weeks before a recommendation is needed. The recommendations are advisory only.
2.34Failure or refusal to make a recommendation is considered a negative recommendation.
3.1The chairs of the senate Finance Committee and the house of representatives Capital
3.2Investment and Ways and Means Committees must also be notified whenever there is a
3.3substantial change in a construction or major remodeling project, or in its cost.
3.4(b) Capital projects exempt from the requirements of this subdivision include
3.5demolition or decommissioning of state assets, hazardous material projects, utility
3.6infrastructure projects, environmental testing, parking lots, parking structures, park and
3.7ride facilities, bus rapid transit stations, light rail lines, new text begin passenger rail projects, new text end exterior
3.8lighting, fencing, highway rest areas, truck stations, storage facilities not consisting
3.9primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds,
3.10athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer
3.11separation projects, water and wastewater facilities, port development projects for which
3.12the commissioner of transportation has entered into an assistance agreement under section
3.13457A.04
, ice centers, a local government project with a construction cost of less than
3.14$1,500,000, or any other capital project with a construction cost of less than $750,000.
3.15 Sec. 3. Minnesota Statutes 2012, section 161.082, subdivision 2a, is amended to read:
3.16 Subd. 2a. Town bridges and culverts; town road account. (a) Money in the
3.17town bridge account must be expended on town road bridge structures that are ten feet
3.18or more in length and on town road culverts that replace existing town road bridges. In
3.19addition, if the present bridge structure is less than ten feet in length but a hydrological
3.20survey indicates that the replacement bridge structure or culvert must be ten feet or more
3.21in length, then the bridge or culvert is eligible for replacement funds.
3.22(b) In addition, if a culvert that replaces a deficient bridge is in a county
3.23comprehensive water plan approved by the Board of Water and Soil Resources and the
3.24Department of Natural Resources, the costs of the culvert and roadway grading other than
3.25surfacing are eligible for replacement funds up to the cost of constructing a replacement
3.26bridge.
3.27(c) The expenditures on a bridge structure or culvert may be paid from the county
3.28turnback account and may be for 100 percent of the cost of the replacement structure or
3.29culvert or for 100 percent of the cost of rehabilitating the existing structure.
3.30(d)new text begin (b)new text end The town bridge account may be used to pay the costs to abandon an existing
3.31bridge that is deficient and in need of replacement, but where no replacement will be
3.32made. It may also be used to pay the costs to construct a road or street to facilitate the
3.33abandonment of an existing bridge determined by the commissioner to be deficient, if the
3.34commissioner determines that construction of the road or street is more cost-efficient
3.35than replacing the existing bridge.
4.1(e)new text begin (c)new text end When bridge approach construction work exceeds $10,000 in costs, or when
4.2the county engineer determines that the cost of the replacement culverts alone will not
4.3exceed $20,000, or engineering costs exceed $10,000, the town shall be eligible for
4.4financial assistance from the town bridge account. Financial assistance shall be requested
4.5by resolution of the county board and shall be limited to:
4.6(1) 100 percent of the cost of the bridge approach work that is in excess of $10,000;
4.7(2) 100 percent of the cost of the replacement culverts when the cost does not
4.8exceed $20,000 and the town board agrees to be responsible for all the other costs, which
4.9may include costs for structural removal, installation, and permitting. The replacement
4.10structure design and costs shall be approved and certified by the county engineer, but need
4.11not be subsequently approved by the Department of Transportation; or
4.12(3) 100 percent of all related engineering costs that exceed $10,000, or in the case of
4.13towns with a net tax capacity of less than $300,000, 100 percent of the engineering costs.
4.14(f)new text begin (d)new text end Money in the town road account must be distributed as provided in section
4.15162.081
.
4.16 Sec. 4. Minnesota Statutes 2012, section 161.20, subdivision 2, is amended to read:
4.17 Subd. 2. Property acquisition; agreements and contracts. (a) The commissioner
4.18is authorized:
4.19(1) to acquire by purchase, gift, or by eminent domain proceedings as provided
4.20by law, in fee or such lesser estate as the commissioner deems necessary, all lands and
4.21properties necessary in preserving future trunk highway corridors or in laying out,
4.22constructing, maintaining, and improving the trunk highway system including recreational
4.23vehicle lanes; to locate, construct, reconstruct, improve, and maintain the trunk highway
4.24system; to purchase all road material, machinery, tools, and supplies necessary for the
4.25construction, maintenance, and improvement thereof; to construct necessary buildings, or
4.26rent or acquire by purchase, gift, or condemnation, grounds, and buildings necessary for
4.27the storing and housing of such material, machinery, tools, and supplies or necessary for
4.28office space for employees or for providing for driver's license examinations; to maintain,
4.29repair, or remodel such buildings as may be necessary;
4.30(2) to acquire by purchase, gift, or condemnation, replacement sites for historically
4.31significant buildings or structures and to relocate these buildings or structures onto those
4.32sites, reconstructing and maintaining them until disposed of through public sale to the
4.33highest responsible bidder;
4.34(3) to make agreements with any county for the relocation or reestablishment, by
4.35the county, of section, quarter section, or meander corners originally established by the
5.1United States, when such relocation or reestablishment is necessary in order to write land
5.2acquisition descriptions or by reason of the construction, reconstruction, improvement, or
5.3maintenance of a trunk highway;
5.4(4) to contract on an equitable basis with railroad companies for the installation and
5.5reinstallation of safety devices at trunk highway-railroad grade crossings, and for the
5.6construction, reconstruction, and maintenance of bridges and approaches existing or
5.7necessary for the separation of grades at railroad and trunk highway intersections; and
5.8(5) in carrying out duties, to let all necessary contracts in the manner prescribed
5.9by law.
5.10 (b) The commissioner may make agreements with and cooperate with any
5.11governmental authority for the purpose of effectuating the provisions of this chapter.
5.12 Sec. 5. Minnesota Statutes 2012, section 161.36, subdivision 7, is amended to read:
5.13 Subd. 7. Economic recovery funds. (a) All federal funds made available to
5.14the commissioner under title XII of the American Recovery and Reinvestment Act of
5.152009, Public Law 111-5, and designated for transportation purposes, including but not
5.16limited to assistance for highways and bridges, transit, aeronautics, ports, and railroads,
5.17are appropriated to the commissioner from the trunk highway fund or the federal fund,
5.18as appropriate. This appropriation includes any funds not initially made available to the
5.19commissioner under the act, including but not limited to competitive grant awards and
5.20funds made available in addition to the amount expected on April 2, 2009. The money is
5.21available until expended.
5.22(b) The commissioner shall make every reasonable effort to seek and utilize all
5.23funds available under title XII of the act.
5.24(c) The commissioner shall expend funds appropriated under this subdivision in
5.25conformance with federal requirements established in association with use of the funds.
5.26The commissioner may expend up to 17 percent of the funds for program delivery.
5.27(d) Notwithstanding section
360.305, subdivision 4, no local contribution is required
5.28for eligible aeronautics project elements funded by a federal grant-in-aid through the act.
5.29(e) Within two weeks of submitting each report to the United States Department of
5.30Transportation as required for the federal aid under this subdivision, the commissioner
5.31shall submit a corresponding report to the chairs and ranking members of the house of
5.32representatives and senate committees with jurisdiction over transportation policy and
5.33finance. The corresponding report must contain (1) a copy of the report submitted to
5.34the United States Department of Transportation, and (2) information on the geographic
5.35distribution of projects funded under this subdivision, which at a minimum specifies
6.1the amount provided for highways and bridges, transit, aeronautics, ports, and railroads
6.2within each of the department's districts.
6.3 Sec. 6. Minnesota Statutes 2012, section 162.06, subdivision 3, is amended to read:
6.4 Subd. 3. Disaster account. (a) After deducting administrative costs as provided
6.5in subdivision 2, the commissioner shall set aside each year one percent of the amount
6.6available to provide for a disaster account; provided that the total amount of money in the
6.7disaster account must never exceed two percent of the total sums to be apportioned to the
6.8counties. The money must be used to provide aid to any county encountering disasters
6.9or unforeseen events affecting its county state-aid highway system, and resulting in an
6.10undue and burdensome financial hardship.
6.11 (b) Any county desiring aid by reason of disaster or unforeseen event shall request
6.12the aid in the form required by the commissioner. Upon receipt of the request, the
6.13commissioner shall appoint a board consisting of two representatives of the counties, who
6.14must be either a county engineer or member of a county board, from counties other than the
6.15requesting county, and a representative of the commissioner. The board shall investigate
6.16the matter and report its findings and recommendations in writing to the commissioner.
6.17 (c) Final determination of the amount of aid, if any, to be paid to the county from the
6.18disaster account must be made by the commissioner. Upon determining to aid a requesting
6.19county, the commissioner shall certify to the commissioner of management and budget
6.20the amount of the aid, and the commissioner of management and budget shall then issue
6.21a warrant in that new text begin the new text end amount payable to the county treasurer of the county. Money so
6.22paid must be expended on the county state-aid highway system in accordance with the
6.23rules of the commissioner.
6.24 Sec. 7. Minnesota Statutes 2012, section 162.12, subdivision 3, is amended to read:
6.25 Subd. 3. Disaster account. (a) After deducting administrative costs as provided in
6.26subdivision 2, the commissioner shall set aside each year a sum of money equal to two
6.27percent of the remaining money in the municipal state-aid street fund to provide for a
6.28disaster account; provided, that the total amount of money in the disaster account must
6.29never exceed three percent of the total sums to be apportioned to the statutory and home
6.30rule charter cities having a population of 5,000 or more. The disaster account must be
6.31used to provide aid to any city encountering disaster or unforeseen event affecting the
6.32municipal state-aid street system of the city, and resulting in an undue and burdensome
6.33financial hardship.
7.1(b) Any city desiring aid by reason of disaster or unforeseen event shall request aid
7.2in the form required by the commissioner. Upon receipt of the request the commissioner
7.3shall appoint a board consisting of two representatives of the cities, who must be either
7.4a city engineer or member of the governing body of a city, from cities other than the
7.5requesting city, and a representative of the commissioner. The board shall investigate the
7.6matter and report its findings and recommendations in writing to the commissioner.
7.7(c) Final determination of the amount of aid, if any, to be paid to the city from the
7.8disaster account must be made by the commissioner. Upon determining to aid the city, the
7.9commissioner shall certify to the commissioner of management and budget the amount of
7.10aid, and the commissioner of management and budget shall then issue a warrant in that new text begin the new text end
7.11amount payable to the fiscal officer of the city. Money so paid must be expended on the
7.12municipal state-aid street system in accordance with rules of the commissioner.
7.13 Sec. 8. Minnesota Statutes 2012, section 162.13, subdivision 1, is amended to read:
7.14 Subdivision 1. Factors in formula. After deducting for administrative costs and for
7.15the disaster fund and research account as heretofore provided, and for any allocation made
7.16under section
, the remainder of the total sum provided for in new text begin section 162.12, new text end
7.17subdivision 1 of section
new text begin ,new text end shall be identified as the apportionment sum, and shall be
7.18apportioned by the commissioner to the cities having a population of 5,000 or more, in
7.19accordance with the following formula:
7.20(1) An amount equal to 50 percent of such apportionment sum shall be apportioned
7.21among the cities having a population of 5,000 or more so that each such city shall receive
7.22of such amount the percentage that its money needs bears to the total money needs of
7.23all such cities.
7.24(2) An amount equal to 50 percent of such apportionment sum shall be apportioned
7.25among the cities having a population of 5,000 or more so that each such city shall receive
7.26of such amount the percentage that its population bears to the total population of all such
7.27cities. For purposes of this subdivision, the population of a city is the greater of 5,000 or the
7.28number calculated under section
162.09, subdivision 4, paragraph (a), (b), (c), (d), or (e).
7.29 Sec. 9. Minnesota Statutes 2012, section 165.09, subdivision 3, is amended to read:
7.30 Subd. 3. Bridge over Minnesota River or Mississippi River. Before any bridge is
7.31erected over the Minnesota River or Mississippi River, the location and plan thereof shall
7.32be approved by the commissioner. Bridges over the Minnesota River below the city of
7.33Chaska shall be built with a suitable draw of not less than 80 feet opening or, in lieu of
8.1such opening, built at such clear height above the ordinary high-water stage as will be
8.2sufficient to accommodate the ordinary navigation of the river.
8.3 Sec. 10. Minnesota Statutes 2012, section 173.13, subdivision 4, is amended to read:
8.4 Subd. 4. Fees. The annual fee for each such permit or renewal thereof shall be
8.5as follows:
8.6(a) If the advertising area of the advertising device does not exceed 50 square feet,
8.7the fee shall be $30.
8.8(b) If the advertising area exceeds 50 square feet but does not exceed 300 square
8.9feet, the fee shall be $60.
8.10(c) If the advertising area exceeds 300 square feet, the fee shall be $120.
8.11(d) No fee shall be charged for a permit for official signs and notices as they are
8.12defined in section
173.02, except that a fee may be charged for a star city sign erected
8.13under section
.
8.14 Sec. 11. Minnesota Statutes 2012, section 174.02, subdivision 6, is amended to read:
8.15 Subd. 6. Agreements, receipts, appropriation. To facilitate the implementation
8.16of intergovernmental efficiencies, effectiveness, and cooperation, and to promote and
8.17encourage economic and technological development in transportation matters within and
8.18between governmental and nongovernmental entities:
8.19(a) The commissioner may enter into agreements with other governmental or
8.20nongovernmental entities for research and experimentation; for sharing facilities,
8.21equipment, staff, data, or other means of providing transportation-related services; or for
8.22other cooperative programs that promote efficiencies in providing governmental services
8.23or that further development of innovation in transportation for the benefit of the citizens
8.24of Minnesota.
8.25(b) In addition to funds otherwise appropriated by the legislature, the commissioner
8.26may accept and spend funds received under any agreement authorized in paragraph
8.27(a) for the purposes set forth in that paragraph, subject to a report of receipts to the
8.28commissioner of management and budget at the end of each fiscal year and, if receipts
8.29from the agreements exceed $100,000 in a fiscal year, the commissioner shall also notify
8.30the governor and the Committee on Finance of the senate and the Committee on Ways
8.31and Means of the house of representatives.
8.32(c) Funds received under this subdivision must be deposited in the special revenue
8.33fund and are appropriated to the commissioner for the purposes set forth in this subdivision.
9.1 Sec. 12. Minnesota Statutes 2012, section 174.02, subdivision 8, is amended to read:
9.2 Subd. 8. Electronic reports. Fornew text begin Notwithstanding section 3.195, subdivision 1,new text end any
9.3legislative report required to be submitted by the commissioner by law, in which the report
9.4 may or must be submitted electronically, the commissioner shall meet the requirements
9.5under section
3.195, subdivision 1.
9.6 Sec. 13. Minnesota Statutes 2012, section 174.06, subdivision 7, is amended to read:
9.7 Subd. 7. Proposals for implementation. (a) It is the intent of the legislature that
9.8gas, oil, slurry, and other pipelines, long-distance conveyor belt systems, and other modes
9.9of transportation not now regulated by the state be constructed and operated in a manner
9.10that best serves the public good and complements other means of transportation.
9.11(b) The commissioner of transportation shall submit to the governor and the
9.12legislature, no later than January 1, 1979, specific proposals, drafted in bill form if
9.13appropriate, to implement this policy within the areas of responsibility assigned to the
9.14Department of Transportation.
9.15 Sec. 14. Minnesota Statutes 2012, section 174.30, subdivision 9, is amended to read:
9.16 Subd. 9. Complaints; report; data classification. (a) The commissioner shall
9.17investigate all complaints over which the commissioner has jurisdiction regarding special
9.18transportation service providers regulated under this section.
9.19 (b) By January 15, 2009, and in every subsequent odd-numbered year by January 15,
9.20the commissioner shall submit a report to the chairs and ranking minority members of the
9.21house of representatives and senate committees having jurisdiction over transportation
9.22policy and finance. The report must identify each complaint investigated by the
9.23commissioner under paragraph (a), including, but not limited to, any findings and steps
9.24taken for resolution of the complaint.
9.25 (c)new text begin (b)new text end When information is furnished to the Department of Transportation that alleges
9.26a violation of this section, an operating standard adopted under this section, or section
9.27174.315
, the following data are classified as confidential data or protected nonpublic data:
9.28 (1) names of complainants;
9.29 (2) complaint letters; and
9.30 (3) other unsolicited data when furnished by a person who is not the subject of the
9.31data and who is not a department employee.
9.32 Sec. 15. Minnesota Statutes 2012, section 174.40, subdivision 8, is amended to read:
10.1 Subd. 8. Legislative report. By November 1 annuallynew text begin of each odd-numbered yearnew text end ,
10.2the commissioner shall submit a report on the safe routes to school program to the chairs
10.3and ranking minority members of the house of representatives and senate committees with
10.4jurisdiction over transportation policy and finance. The report must at a minimum:
10.5(1) summarize program implementation;
10.6(2) provide an overview of grant evaluation and criteria used in project selection;
10.7(3) provide a brief description of each project funded in the previous fiscal year,
10.8including the amount of money provided from each safe routes to school account under
10.9this section and the amount provided under the federal program;
10.10(4) summarize the status of the federal program or successor legislation; and
10.11(5) identify any recommendations for legislative changes, including proposals to
10.12improve program effectiveness.
10.13 Sec. 16. Minnesota Statutes 2012, section 174.50, subdivision 6b, is amended to read:
10.14 Subd. 6b. Bridge engineering and design costs in smaller cities. Until June 30,
10.152007,new text begin (a)new text end The commissioner may make grants from the state transportation fund to a
10.16home rule or statutory city with a population of 5,000 or less and a net tax capacity of
10.17under $200,000 for design and preliminarynew text begin ,new text end engineeringnew text begin , and constructionnew text end of bridges
10.18on city streets.
10.19new text begin (b)new text end Grants under this subdivision are subject to the procedures and criteria
10.20established under subdivisions 5 andnew text begin ,new text end 6, andnew text begin 7.new text end
10.21new text begin (c) Grantsnew text end may be used fornew text begin :new text end
10.22new text begin (1)new text end 100 percent of the design and preliminary engineering costsnew text begin that are in excess of new text end
10.23new text begin $10,000;new text end
10.24new text begin (2) 100 percent of the bridge approach work costs that are in excess of $10,000; andnew text end
10.25new text begin (3) 100 percent of the bridge construction work costsnew text end .
10.26Total grants under this subdivision to all cities may not exceed $200,000.
10.27 Sec. 17. Minnesota Statutes 2012, section 221.031, subdivision 1, is amended to read:
10.28 Subdivision 1. Powers, duties, rules, filings. (a) This subdivision applies to motor
10.29carriers engaged in intrastate commerce.
10.30 (b) The commissioner shall prescribe rules for the operation of motor carriers,
10.31including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
10.32of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
10.33qualifications; accident reporting; identification of vehicles; installation of safety devices;
11.1inspection, repair, and maintenance; and proper automatic speed regulators if, in the
11.2opinion of the commissioner, there is a need for the rules.
11.3 (c) The commissioner shall direct the repair and reconstruction or replacement of
11.4an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
11.5the construction and maintenance or furnishing of suitable and proper freight terminals,
11.6passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
11.7at a point on the highway traversed which the commissioner, after investigation by the
11.8department, may deem just and proper for the protection of passengers or property.
11.9 (d)new text begin (c)new text end The commissioner shall (1) require holders of household goods mover permits
11.10to file schedules of rates and charges, (2) regulate motor carriers in matters affecting the
11.11relationship between them and the traveling and shipping public, and (3) prescribe other
11.12rules as may be necessary to carry out the provisions of this chapter.
11.13 (e)new text begin (d)new text end The commissioner shall enforce sections
169.781 to
169.783.
11.14 Sec. 18. Minnesota Statutes 2012, section 360.015, subdivision 2, is amended to read:
11.15 Subd. 2. Cooperation with federal and other agencies. (a) The commissioner
11.16shall cooperate with and assist the federal government, the municipalities of this state, and
11.17others engaged in aeronautics or the promotion of aeronautics and shall seek to coordinate
11.18the aeronautical activities of these bodies. To this end, the commissioner is empowered to
11.19confer with or to hold joint hearings with any federal aeronautical agency in connection
11.20with any matter arising under sections
360.011 to
360.076, or relating to the sound
11.21development of aeronautics, and to take advantage of the cooperation, services, records,
11.22and facilities of such federal agencies, as fully as may be practicable, in the administration
11.23and enforcement of sections
360.011 to
360.076. The commissioner shall reciprocate by
11.24furnishing cooperation, services, records, and facilities, insofar as may be practicable,
11.25to the federal agencies. The commissioner may also contract for the presentation of
11.26educational and informational programs that promote safety and interest in aeronautics.
11.27(b) The commissioner shall report to the appropriate federal agency all accidents
11.28in aeronautics in this state of which the commissioner is informed. The commissioner
11.29shall also preserve, protect, and prevent the removal of the component parts of any aircraft
11.30involved in an accident being investigated by the commissioner until a federal agency
11.31institutes an investigation. The commissioner shall report the following to the appropriate
11.32federal agency:
11.33(1) all refusals by the commissioner to register federal licenses, certificates, or
11.34permits;
11.35(2) all revocations of certificates of registration, and the reasons therefor; and
12.1(3) all penalties of which the commissioner has knowledge imposed upon airmen
12.2for violations of the laws of this state relating to aeronautics or violations of the rules
12.3or orders of the commissioner.
12.4 Sec. 19. Minnesota Statutes 2012, section 360.511, subdivision 4, is amended to read:
12.5 Subd. 4. Air commerce. "Air commerce" means the transportation by aircraft
12.6of persons or property for hire in interstate, intrastate, or international transportation
12.7on regularly scheduled flights by airline companies operating under a certificate
12.8of convenience and necessity issued by the United States Civil Aeronautics Board
12.9new text begin Department of Transportationnew text end .
12.10 Sec. 20. Minnesota Statutes 2012, section 360.55, subdivision 4, is amended to read:
12.11 Subd. 4. Collector's aircraft. (a) For purposes of this subdivision:
12.12(1) "antique aircraft" means an aircraft constructed by the original manufacturer,
12.13or its licensee, on or before December 31, 1945, with the exception of certain pre-World
12.14War II aircraft models that had only a small postwar production, such as Beechcraft
12.15Staggerwing, Fairchild 24, and Monocoupe; and
12.16(2) "classic aircraft" means an aircraft constructed by the original manufacturer,
12.17or its licensee, on or after January 1, 1946, and has a first year of life that precedes the
12.18date of registration by at least 50 years.
12.19(b) If an antique or classic aircraft is owned and operated solely as a collector's item,
12.20its owner may list it for taxation and registration as follows: A sworn affidavit must be
12.21executed stating (1) the name and address of the owner, (2) the name and address of the
12.22person from whom purchased, (3) the aircraft's make, year, model number, federal aircraft
12.23registration number, and manufacturer's identification number, and (4) that the aircraft
12.24is owned and operated solely as a collector's item and not for general transportation or
12.25commercial operations purposes. The affidavit must be filed with the commissioner along
12.26with a fee of $25.
12.27(c) Upon satisfaction that the affidavit is true and correct, the commissioner shall
12.28issue to the applicant a registration certificate. The registration certificate is valid without
12.29renewal as long as the owner operates the aircraft solely as a collector's item.
12.30(d) Should an antique or classic aircraft be operated other than as a collector's item,
12.31the registration certificate becomes void and the owner shall list the aircraft for taxation
12.32and registration in accordance with the other provisions of sections
360.511 to
360.67.
12.33(e) Upon the sale of an antique or classic aircraft, the new owner must list the aircraft
12.34for taxation and registration in accordance with this subdivision, including the payment of
13.1a $5 fee to transfer the registration to the new owner, or the other provisions of sections
13.2360.511
to
360.67, whichever is applicable.
13.3(f) In the event of loss or destruction of the registration certificate, and upon
13.4receiving and filing a sworn affidavit of the aircraft owner setting forth the circumstances,
13.5together with a fee of $5, the commissioner shall issue a replacement certificate.
13.6 Sec. 21. Minnesota Statutes 2012, section 360.59, subdivision 7, is amended to read:
13.7 Subd. 7. Transfer of ownership. Upon the transfer of ownership; the destruction,
13.8theft, or dismantling; or the permanent removal by the owner from this state, of any
13.9aircraft registered in accordance with sections
360.511 to
360.67, the right of the owner
13.10of the aircraft to use the registration certificate assigned the aircraft expires. The owner
13.11shall forthwith return the certificate with transportation prepaid to the commissioner with
13.12a signed notice of the date and manner of termination of ownership, giving the name and
13.13post office address, with street and number if in a city, of the person to whom transferred.
13.14On becoming the owner by gift, trade, or purchase of any aircraft for which a registration
13.15certificate has been issued under sections
360.511 to
360.67, a person, including a
13.16dealer or manufacturer, shall, within seven days after acquiring ownership, join with the
13.17registered owner in transmitting with an application the registration certificate with the
13.18assignment and notice of sale duly executed upon the reverse side, or in case of loss of the
13.19certificate, with such proof of loss by sworn statements in writing as shall be satisfactory
13.20to the commissioner. Upon the transfer of any aircraft by a manufacturer or dealer, for use
13.21within the state, whether by sale, lease, or otherwise, the manufacturer or dealer shall,
13.22within seven days after the transfer, transmit the transferee's application for registration.
13.23The manufacturer or dealer shall each month file with the commissioner a notice or report
13.24containing the date of the transfer, a description of the aircraft, and the name, street and
13.25number of residence if in a city, and post office address of the transferee.
13.26 Sec. 22. Laws 2013, chapter 117, article 1, section 3, subdivision 7, is amended to read:
13.27
13.28
Subd. 7.Previous State Road Construction
Appropriations
13.29Any money appropriated to the commissioner
13.30of transportation for state road construction
13.31for any fiscal year before the first year is
13.32available to the commissioner during the
13.33biennium to the extent that the commissioner
13.34spends the money on the state road
14.1construction project for which the money
14.2was originally encumbered during the fiscal
14.3year for which it was appropriated. The
14.4commissioner of transportation shall report to
14.5the commissioner of management and budget
14.6by August 1, 2013, and August 1, 2014, on
14.7a form the commissioner of management
14.8and budget provides, on expenditures made
14.9during the previous fiscal year that are
14.10authorized by this subdivision.
14.11 Sec. 23. new text begin REPEALER.new text end
14.12 new text begin Subdivision 1.new text end new text begin Chapter 160 repeals.new text end new text begin Minnesota Statutes 2012, sections 160.27, new text end
14.13new text begin subdivision 3; and 160.283, subdivision 1,new text end new text begin are repealed.new text end
14.14 new text begin Subd. 2.new text end new text begin Chapter 161 repeals.new text end new text begin Minnesota Statutes 2012, sections 161.05; 161.06; new text end
14.15new text begin 161.07; 161.08, subdivision 1; 161.082, subdivision 3; 161.1231, subdivisions 3 and new text end
14.16new text begin 9; 161.13; 161.161; 161.201; 161.22; 161.31, subdivision 2; 161.3205; 161.3428; and new text end
14.17new text begin 161.51,new text end new text begin are repealed.new text end
14.18 new text begin Subd. 3.new text end new text begin Chapter 162 repeals.new text end new text begin Minnesota Statutes 2012, sections 162.02, new text end
14.19new text begin subdivision 2; 162.06, subdivision 6; 162.065; 162.08, subdivision 3; 162.09, subdivision new text end
14.20new text begin 3; 162.12, subdivision 5; and 162.125,new text end new text begin are repealed.new text end
14.21 new text begin Subd. 4.new text end new text begin Chapter 163 repeals.new text end new text begin Minnesota Statutes 2012, section 163.07, new text end
14.22new text begin subdivision 3,new text end new text begin is repealed.new text end
14.23 new text begin Subd. 5.new text end new text begin Chapter 164 repeals.new text end new text begin Minnesota Statutes 2012, sections 164.041; and new text end
14.24new text begin 164.05,new text end new text begin are repealed.new text end
14.25 new text begin Subd. 6.new text end new text begin Chapter 165 repeals.new text end new text begin Minnesota Statutes 2012, sections 165.09, new text end
14.26new text begin subdivision 5; 165.11; and 165.13,new text end new text begin are repealed.new text end
14.27 new text begin Subd. 7.new text end new text begin Chapter 169 repeals.new text end new text begin Minnesota Statutes 2012, sections 169.16; 169.835; new text end
14.28new text begin and 169.867,new text end new text begin are repealed.new text end
14.29 new text begin Subd. 8.new text end new text begin Chapter 173 repeals.new text end new text begin Minnesota Statutes 2012, sections 173.0845; and new text end
14.30new text begin 173.085,new text end new text begin are repealed.new text end
14.31 new text begin Subd. 9.new text end new text begin Chapter 174 repeals.new text end new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 174.02, new text end
14.32new text begin subdivision 7; 174.05; 174.06, subdivision 8; 174.19; 174.256, subdivision 5; and 174.50, new text end
14.33new text begin subdivision 6a,new text end new text begin are repealed.new text end
14.34new text begin (b) new text end new text begin Minnesota Statutes 2013 Supplement, section 174.03, subdivision 1d,new text end new text begin is repealed.new text end
15.1 new text begin Subd. 10.new text end new text begin Chapter 181 repeals.new text end new text begin Minnesota Statutes 2012, sections 181.28; 181.29; new text end
15.2new text begin and 181.30,new text end new text begin are repealed.new text end
15.3 new text begin Subd. 11.new text end new text begin Chapter 218 repeals.new text end new text begin Minnesota Statutes 2012, sections 218.021; new text end
15.4new text begin 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; and 218.041, subdivisions 1, 2, and new text end
15.5new text begin 7,new text end new text begin are repealed.new text end
15.6 new text begin Subd. 12.new text end new text begin Chapter 219 repeals.new text end new text begin Minnesota Statutes 2012, sections 219.55; new text end
15.7new text begin 219.562, subdivisions 1, 1a, 3, and 4; 219.565; and 219.566,new text end new text begin are repealed.new text end
15.8 new text begin Subd. 13.new text end new text begin Chapter 221 repeals.new text end new text begin Minnesota Statutes 2012, sections 221.123; new text end
15.9new text begin 221.151, subdivision 1; 221.241; and 221.295,new text end new text begin are repealed.new text end
15.10 new text begin Subd. 14.new text end new text begin Chapter 222 repeals.new text end new text begin Minnesota Statutes 2012, sections 222.04; 222.06; new text end
15.11new text begin 222.07; 222.08; 222.09; 222.10; 222.11; 222.12; 222.13; 222.141; 222.15; 222.16; 222.17; new text end
15.12new text begin 222.18; 222.19; 222.20; 222.21; 222.22; 222.23; 222.24; 222.25; 222.28; 222.31; 222.32; new text end
15.13new text begin and 222.35,new text end new text begin are repealed.new text end
15.14 new text begin Subd. 15.new text end new text begin Chapter 360 repeals.new text end new text begin Minnesota Statutes 2012, sections 360.013, new text end
15.15new text begin subdivision 59; 360.015, subdivisions 11a, 17, and 19; and 360.55, subdivision 7,new text end new text begin are new text end
15.16new text begin repealed.new text end
15.17ARTICLE 2
15.18CONFORMING CHANGES
15.19 Section 1. Minnesota Statutes 2012, section 12A.16, subdivision 5, is amended to read:
15.20 Subd. 5. Waivers authorized. The requirements of section
174.50, subdivisions 5,
15.216, 6a, and 7, are waived for grants under subdivision 3.
15.22 Sec. 2. Minnesota Statutes 2012, section 16B.51, subdivision 1, is amended to read:
15.23 Subdivision 1. Supervision by commissioner. The commissioner shall supervise
15.24and control the making and distribution of all reports and other publications of all
15.25kinds issued by the state and state agencies when not otherwise prescribed by law. The
15.26commissioner shall also prescribe the manner and form of issuing reports required by
15.27sections
8.08;
16A.50;
35.03;
129D.02, subdivision 5;
256.01;new text begin andnew text end
299C.18; and
360.015,
15.28subdivision 17
.
15.29 Sec. 3. Minnesota Statutes 2012, section 161.3410, subdivision 1, is amended to read:
15.30 Subdivision 1. Scope. The terms used in sections
161.3410 to
new text begin 161.3426new text end
15.31 have the meanings given in this section.
15.32 Sec. 4. Minnesota Statutes 2012, section 161.3412, subdivision 2, is amended to read:
16.1 Subd. 2. Competitive, open process. Sections
161.3410 to
new text begin 161.3426new text end
16.2 apply only to transportation projects using the two-step competitive process utilizing
16.3public solicitation for design-build services.
16.4 Sec. 5. Minnesota Statutes 2012, section 161.3414, subdivision 1, is amended to read:
16.5 Subdivision 1. General criteria. A design-build contracting procedure authorized
16.6under sections
161.3410 to
new text begin 161.3426new text end may be used for a specific project only
16.7after the commissioner determines that awarding a design-build contract will serve the
16.8public interest.
16.9 Sec. 6. Minnesota Statutes 2012, section 161.3418, subdivision 2, is amended to read:
16.10 Subd. 2. Contracting for licensed professional. A design-builder may enter into a
16.11contract to provide professional or construction services for a project that the design-builder
16.12is not licensed, registered, or qualified to perform, so long as the design-builder provides
16.13those services through subcontractors with duly licensed, registered, or otherwise qualified
16.14individuals in accordance with sections
161.3410 to
new text begin 161.3426new text end .
16.15 Sec. 7. Minnesota Statutes 2012, section 169.86, subdivision 5, is amended to read:
16.16 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
16.17respect to highways under the commissioner's jurisdiction, may charge a fee for each
16.18permit issued. Unless otherwise specified, all fees for permits issued by the commissioner
16.19of transportation must be deposited in the state treasury and credited to the trunk highway
16.20fund. Except for those annual permits for which the permit fees are specified elsewhere in
16.21this chapter, the fees are:
16.22 (a) $15 for each single trip permit.
16.23 (b) $36 for each job permit. A job permit may be issued for like loads carried on
16.24a specific route for a period not to exceed two months. "Like loads" means loads of the
16.25same product, weight, and dimension.
16.26 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
16.27months. Annual permits may be issued for:
16.28 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
16.29or well-being of the public;
16.30 (2) motor vehicles that travel on interstate highways and carry loads authorized
16.31under subdivision 1a;
16.32 (3) motor vehicles operating with gross weights authorized under section
169.826,
16.33subdivision 1a
;
17.1 (4) special pulpwood vehicles described in section
169.863;
17.2 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
17.3 (6) noncommercial transportation of a boat by the owner or user of the boat;new text begin andnew text end
17.4 (7) motor vehicles carrying bales of agricultural products authorized under section
17.5169.862
; andnew text begin .new text end
17.6(8) special milk-hauling vehicles authorized under section
.
17.7 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
17.8consecutive months. Annual permits may be issued for:
17.9 (1) mobile cranes;
17.10 (2) construction equipment, machinery, and supplies;
17.11 (3) manufactured homes and manufactured storage buildings;
17.12 (4) implements of husbandry;
17.13 (5) double-deck buses;
17.14 (6) commercial boat hauling and transporting waterfront structures, including, but
17.15not limited to, portable boat docks and boat lifts;
17.16 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
17.17for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
17.18the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
17.19only while operating on twin-trailer routes designated under section
169.81, subdivision 3,
17.20paragraph (c); and
17.21(8) vehicles operating on that portion of marked Trunk Highway 36 described in
17.22section
169.81, subdivision 3, paragraph (e).
17.23 (e) For vehicles that have axle weights exceeding the weight limitations of sections
17.24169.823
to
169.829, an additional cost added to the fees listed above. However, this
17.25paragraph applies to any vehicle described in section
168.013, subdivision 3, paragraph
17.26(b), but only when the vehicle exceeds its gross weight allowance set forth in that
17.27paragraph, and then the additional cost is for all weight, including the allowance weight,
17.28in excess of the permitted maximum axle weight. The additional cost is equal to the
17.29product of the distance traveled times the sum of the overweight axle group cost factors
17.30shown in the following chart:
17.31
Overweight Axle Group Cost Factors
17.32
Weight (pounds)
Cost Per Mile For Each Group Of:
17.33
17.34
17.35
17.36
17.37
exceeding weight
limitations on axles
Two
consecutive
axles spaced
within 8 feet
or less
Three
consecutive
axles spaced
within 9 feet
or less
Four consecutive
axles spaced within
14 feet or less
17.38
0-2,000
.12
.05
.04
18.1
2,001-4,000
.14
.06
.05
18.2
4,001-6,000
.18
.07
.06
18.3
6,001-8,000
.21
.09
.07
18.4
8,001-10,000
.26
.10
.08
18.5
10,001-12,000
.30
.12
.09
18.6
18.7
12,001-14,000
Not
permitted
.14
.11
18.8
18.9
14,001-16,000
Not
permitted
.17
.12
18.10
18.11
16,001-18,000
Not
permitted
.19
.15
18.12
18.13
18,001-20,000
Not
permitted
Not
permitted
.16
18.14
18.15
20,001-22,000
Not
permitted
Not
permitted
.20
18.16The amounts added are rounded to the nearest cent for each axle or axle group. The
18.17additional cost does not apply to paragraph (c), clauses (1) and (3).
18.18For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
18.19fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
18.20in addition to the normal permit fee. Miles must be calculated based on the distance
18.21already traveled in the state plus the distance from the point of detection to a transportation
18.22loading site or unloading site within the state or to the point of exit from the state.
18.23 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
18.24or oversize and overweight, mobile cranes; construction equipment, machinery, and
18.25supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
18.26are as follows:
18.27
Gross Weight (pounds) of Vehicle
Annual Permit Fee
18.28
90,000
or less
$200
18.29
90,001
- 100,000
$300
18.30
100,001
- 110,000
$400
18.31
110,001
- 120,000
$500
18.32
120,001
- 130,000
$600
18.33
130,001
- 140,000
$700
18.34
140,001
- 145,000
$800
18.35
145,001
- 155,000
$900
18.36If the gross weight of the vehicle is more than 155,000 pounds the permit fee is determined
18.37under paragraph (e).
18.38 (g) For vehicles which exceed the width limitations set forth in section
169.80 by
18.39more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
18.40when the permit is issued while seasonal load restrictions pursuant to section
169.87 are
18.41in effect.
19.1 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
19.2refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
19.3a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
169.828,
19.4subdivision 2
, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds
19.5on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.
19.6 (i) $300 for a motor vehicle described in section
169.8261. The fee under this
19.7paragraph must be deposited as follows:
19.8 (1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for
19.9costs related to administering the permit program and inspecting and posting bridges; and
19.10 (2) all remaining money in each fiscal year must be deposited in the bridge
19.11inspection and signing account as provided under subdivision 5b.
19.12 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
19.13under authority of section
169.824, subdivision 2, paragraph (a), clause (2).
19.14 Sec. 8. Minnesota Statutes 2012, section 173.02, subdivision 6, is amended to read:
19.15 Subd. 6. Various signs and notices defined. Directional and other official signs
19.16and notices shall mean:
19.17(a) "Official signs and notices" mean signs and notices erected and maintained by
19.18public officers or public agencies within their territorial jurisdiction and pursuant to and in
19.19accordance with direction or authorization contained in federal or state law for the purposes
19.20of carrying out an official duty or responsibility. Historical markers authorized by state
19.21law and erected by state or local governmental agencies or nonprofit historical societies,
19.22star city signs erected under section
, and municipal identification entrance signs
19.23erected in accordance with section
173.025new text begin ,new text end may be considered official signs.
19.24(b) "Public utility signs" mean warning signs, notices, or markers which are
19.25customarily erected and maintained by publicly or privately owned public utilities, as
19.26essential to their operations.
19.27(c) "Service club and religious notices" mean signs and notices, not exceeding eight
19.28square feet in advertising area, whose erection is authorized by law, relating to meetings
19.29and location of nonprofit service clubs or charitable associations, or religious services.
19.30(d) "Directional signs" means signs containing directional information about public
19.31places owned or operated by public authorities as defined in Code of Federal Regulations,
19.32title 23, section 460.2, paragraph (b), or their agencies, publicly or privately owned
19.33natural phenomena, historic, cultural, scientific, educational, and religious sites, and areas
19.34of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the
20.1interest of the traveling public. To qualify for directional signs, privately owned attractions
20.2must be nationally or regionally known, and of outstanding interest to the traveling public.
20.3(e) All definitions in this subdivision are intended to be in conformity with the
20.4national standards for directional and other official signs.
20.5 Sec. 9. Minnesota Statutes 2012, section 173.02, subdivision 16, is amended to read:
20.6 Subd. 16. Advertising device. "Advertising device" means any billboard, sign,
20.7notice, poster, display, or other device visible to and primarily intended to advertise and
20.8inform or to attract or which does attract the attention of operators and occupants of motor
20.9vehicles and shall include any structure erected primarily for use in connection with
20.10the display of any such device and all lighting or other attachments used in connection
20.11therewith except "star city" signs erected under section
.
20.12 Sec. 10. Minnesota Statutes 2012, section 174.66, is amended to read:
20.13174.66 CONTINUATION OF CARRIER RULES.
20.14(a) Orders and directives in force, issued, or promulgated under authority of chapters
20.15174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
20.16modified, or superseded by duly authorized orders or directives of the commissioner of
20.17transportation. To the extent allowed under federal law or regulation, rules adopted under
20.18authority of the following sections are transferred to the commissioner of transportation
20.19and continue in force and effect until repealed, modified, or superseded by duly authorized
20.20rules of the commissioner:
20.21(1) section
218.041 except rules related to the form and manner of filing railroad
20.22rates, railroad accounting rules, and safety rules;
20.23(2) section
219.40;
20.24(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
20.25under section
221.031, subdivision 1;
20.26(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
20.27in a corporation holding authority to operate as a permit carrier as prescribed in section
20.28221.151, subdivision 1;
20.29(5) rules relating to rates, charges, and practices under section
221.161, subdivision
20.304
; and
20.31(6)new text begin (5)new text end rules relating to rates, tariffs, or the granting, limiting, or modifying of
20.32permits under sectionsnew text begin sectionnew text end
221.121 and
.
20.33(b) The commissioner shall review the transferred rules, orders, and directives and,
20.34when appropriate, develop and adopt new rules, orders, or directives.
21.1 Sec. 11. Minnesota Statutes 2012, section 221.022, is amended to read:
21.2221.022 EXCEPTION.
21.3The powers granted to the commissioner under sections
221.012 to
221.295new text begin 221.293new text end
21.4
do not include the power to regulate any service or vehicles operated by the Metropolitan
21.5Council or to register passenger transportation service provided under contract to the
21.6department or the Metropolitan Council. A provider of passenger transportation service
21.7under contract to the department or the Metropolitan Council may not also provide service
21.8as a motor carrier of passengers without first having registered under section
221.0252.
21.9 Sec. 12. Minnesota Statutes 2012, section 221.0252, subdivision 7, is amended to read:
21.10 Subd. 7. Exemptions from regulation. Notwithstanding any other law, motor
21.11carriers of passengers are exempt from sections
221.121;
221.122;
;
;
21.12
221.161; and
221.171.
21.13 Sec. 13. Minnesota Statutes 2012, section 221.026, subdivision 2, is amended to read:
21.14 Subd. 2. Exemptions from requirements. Notwithstanding any other law, a motor
21.15carrier of property is exempt from sections
221.021;
221.121;
221.122;
;
221.131;
21.16221.132
;
;
221.161;
221.172, subdivision 3; and
221.185, except as provided in
21.17subdivision 4. The exemptions in this subdivision do not apply to a motor carrier of
21.18property while transporting household goods.
21.19 Sec. 14. Minnesota Statutes 2012, section 221.036, subdivision 1, is amended to read:
21.20 Subdivision 1. Order. The commissioner may issue an order requiring violations
21.21to be corrected and administratively assessing monetary penalties for a violation of (1)
21.22section
221.021; (2) section
221.033, subdivision 2b; (3) section
; (4) section
21.23221.171
; (5)new text begin (4)new text end section
221.141; (6)new text begin (5)new text end a federal, state, or local law, regulation, rule,
21.24or ordinance pertaining to railroad-highway grade crossings; or (7)new text begin (6)new text end rules of the
21.25commissioner relating to the transportation of hazardous waste, motor carrier operations,
21.26insurance, or tariffs and accounting. An order must be issued as provided in this section.
21.27 Sec. 15. Minnesota Statutes 2012, section 221.036, subdivision 3, is amended to read:
21.28 Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an
21.29order assessing a penalty of up to $5,000 for all violations of section
221.021;
221.141;
21.30; or
221.171, or rules of the commissioner relating to motor carrier operations,
21.31insurance, or tariffs and accounting, identified during a single inspection, audit, or
21.32investigation.
22.1 (b) The commissioner may issue an order assessing a penalty up to a maximum of
22.2$10,000 for all violations of section
221.033, subdivision 2b, identified during a single
22.3inspection or audit.
22.4 (c) In determining the amount of a penalty, the commissioner shall consider:
22.5 (1) the willfulness of the violation;
22.6 (2) the gravity of the violation, including damage to humans, animals, air, water,
22.7land, or other natural resources of the state;
22.8 (3) the history of past violations, including the similarity of the most recent violation
22.9and the violation to be penalized, the time elapsed since the last violation, the number of
22.10previous violations, and the response of the person to the most recent violation identified;
22.11 (4) the economic benefit gained by the person by allowing or committing the
22.12violation; and
22.13 (5) other factors as justice may require, if the commissioner specifically identifies
22.14the additional factors in the commissioner's order.
22.15 (d) The commissioner shall assess a penalty in accordance with Code of Federal
22.16Regulations, title 49, section 383.53, against:
22.17 (1) a driver who is convicted of a violation of an out-of-service order;
22.18 (2) an employer who knowingly allows or requires an employee to operate a
22.19commercial motor vehicle in violation of an out-of-service order; or
22.20 (3) an employer who knowingly allows or requires an employee to operate a
22.21commercial motor vehicle in violation of a federal, state, or local law or regulation
22.22pertaining to railroad-highway grade crossings.
22.23 Sec. 16. Minnesota Statutes 2012, section 302A.021, subdivision 10, is amended to
22.24read:
22.25 Subd. 10. Laws not to apply. Sections
and
, and Chapters 301, 316,
22.26and 556 do not apply to a corporation incorporated under or governed by this chapter.
22.27 Sec. 17. Minnesota Statutes 2012, section 322B.02, is amended to read:
22.28322B.02 LAWS NOT TO APPLY.
22.29Sections
,
, and Chapters 301, 316, and 556 do not apply to a limited
22.30liability company organized under or governed by this chapter.
22.31 Sec. 18. Minnesota Statutes 2012, section 336.9-201, is amended to read:
22.32336.9-201 GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.
23.1(a) General effectiveness. Except as otherwise provided in the Uniform Commercial
23.2Code, a security agreement is effective according to its terms between the parties, against
23.3purchasers of the collateral, and against creditors.
23.4(b) Applicable consumer laws and other law. A transaction subject to this article
23.5is subject to any applicable rule of law which establishes a different rule for consumers
23.6and (i) any other statute or regulation that regulates the rates, charges, agreements, and
23.7practices for loans, credit sales, or other extensions of credit including but not limited
23.8to sections
48.153 to
48.157;
53C.01 to
53C.14;
to
;
334.01 to
334.06;
23.9and chapters 52, 53, and 56, (ii) any consumer protection statute or rule, and (iii) the
23.10Manufactured Home Repossession Security Act, sections
327.61 to
327.67.
23.11(c) Other applicable law controls. In case of conflict between this article and a
23.12rule of law, statute, or regulation described in subsection (b), the rule of law, statute, or
23.13regulation controls. Failure to comply with a statute or regulation described in subsection
23.14(b) has only the effect the statute or regulation specifies.
23.15(d) Further deference to other applicable law. This article does not:
23.16(1) validate any rate, charge, agreement, or practice that violates a rule of law,
23.17statute, or regulation described in subsection (b); or
23.18(2) extend the application of the rule of law, statute, or regulation to a transaction
23.19not otherwise subject to it.