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HF 3084

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/07/2014 02:56pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to transportation; eliminating certain reporting requirements; eliminating
or modernizing antiquated, unnecessary, redundant, and obsolete provisions;
making conforming changes; amending Minnesota Statutes 2012, sections
12A.16, subdivision 5; 16A.633, subdivision 4; 16B.335, subdivision 1; 16B.51,
subdivision 1; 161.082, subdivision 2a; 161.20, subdivision 2; 161.3410,
subdivision 1; 161.3412, subdivision 2; 161.3414, subdivision 1; 161.3418,
subdivision 2; 161.36, subdivision 7; 162.06, subdivision 3; 162.12, subdivision
3; 162.13, subdivision 1; 165.09, subdivision 3; 169.86, subdivision 5; 173.02,
subdivisions 6, 16; 173.13, subdivision 4; 174.02, subdivisions 6, 8; 174.06,
subdivision 7; 174.30, subdivision 9; 174.40, subdivision 8; 174.50, subdivision
6b; 174.66; 221.022; 221.0252, subdivision 7; 221.026, subdivision 2; 221.031,
subdivision 1; 221.036, subdivisions 1, 3; 302A.021, subdivision 10; 322B.02;
336.9-201; 360.015, subdivision 2; 360.511, subdivision 4; 360.55, subdivision
4; 360.59, subdivision 7; Laws 2013, chapter 117, article 1, section 3,
subdivision 7; repealing Minnesota Statutes 2012, sections 160.27, subdivision
3; 160.283, subdivision 1; 161.05; 161.06; 161.07; 161.08, subdivision 1;
161.082, subdivision 3; 161.1231, subdivisions 3, 9; 161.13; 161.161; 161.201;
161.22; 161.31, subdivision 2; 161.3205; 161.3428; 161.51; 162.02, subdivision
2; 162.06, subdivision 6; 162.065; 162.08, subdivision 3; 162.09, subdivision
3; 162.12, subdivision 5; 162.125; 163.07, subdivision 3; 164.041; 164.05;
165.09, subdivision 5; 165.11; 165.13; 169.16; 169.835; 169.867; 173.0845;
173.085; 174.02, subdivision 7; 174.05; 174.06, subdivision 8; 174.19; 174.256,
subdivision 5; 174.50, subdivision 6a; 181.28; 181.29; 181.30; 218.021;
218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 218.041, subdivisions 1, 2, 7;
219.55; 219.562, subdivisions 1, 1a, 3, 4; 219.565; 219.566; 221.123; 221.151,
subdivision 1; 221.241; 221.295; 222.04; 222.06; 222.07; 222.08; 222.09; 222.10;
222.11; 222.12; 222.13; 222.141; 222.15; 222.16; 222.17; 222.18; 222.19;
222.20; 222.21; 222.22; 222.23; 222.24; 222.25; 222.28; 222.31; 222.32; 222.35;
360.013, subdivision 59; 360.015, subdivisions 11a, 17, 19; 360.55, subdivision
7; Minnesota Statutes 2013 Supplement, section 174.03, subdivision 1d.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

OBSOLETE, UNNECESSARY, OR REDUNDANT PROVISIONS

Section 1.

Minnesota Statutes 2012, section 16A.633, subdivision 4, is amended to read:


Subd. 4.

Report on jobs created or retained.

By September 1 of each
odd-numbered year, the commissioner must report to legislative committees with
jurisdiction over capital investment on the jobs created or retained as a result of capital
project funding by the state, whether with state general obligation bond proceeds or other
state funding sources, during the previous biennium. Each state agency must provide the
commissioner the information necessary, and must require its capital project grantees to
provide the information necessary, for the commissioner to make the report. The report
must include, but is not limited to, the following information: the number and types of
jobs for each project, whether the jobs are new or retained, where the jobs are located,
and pay ranges of the jobs. The Board of Regents of the University of Minnesota, the
Board of Trustees of the Minnesota State Colleges and Universities, and each state agency
receiving an appropriation for a capital project shall collect and provide the information at
the time and in the manner required by the commissioner.new text begin This subdivision does not apply
to Department of Transportation state-aid projects valued less than $5,000,000.
new text end

Sec. 2.

Minnesota Statutes 2012, section 16B.335, subdivision 1, is amended to read:


Subdivision 1.

Construction and major remodeling.

(a) The commissioner, or
any other recipient to whom an appropriation is made to acquire or better public lands or
buildings or other public improvements of a capital nature, must not prepare final plans and
specifications for any construction, major remodeling, or land acquisition in anticipation of
which the appropriation was made until the agency that will use the project has presented
the program plan and cost estimates for all elements necessary to complete the project to
the chair of the senate Finance Committee and the chair of the house of representatives
Ways and Means Committee and the chairs have made their recommendations, and
the chair of the house of representatives Capital Investment Committee is notified.
"Construction or major remodeling" means construction of a new building, a substantial
addition to an existing building, or a substantial change to the interior configuration of an
existing building. The presentation must note any significant changes in the work that
will be done, or in its cost, since the appropriation for the project was enacted or from the
predesign submittal. The program plans and estimates must be presented for review at least
two weeks before a recommendation is needed. The recommendations are advisory only.
Failure or refusal to make a recommendation is considered a negative recommendation.
The chairs of the senate Finance Committee and the house of representatives Capital
Investment and Ways and Means Committees must also be notified whenever there is a
substantial change in a construction or major remodeling project, or in its cost.

(b) Capital projects exempt from the requirements of this subdivision include
demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and
ride facilities, bus rapid transit stations, light rail lines, new text beginpassenger rail projects, new text endexterior
lighting, fencing, highway rest areas, truck stations, storage facilities not consisting
primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds,
athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer
separation projects, water and wastewater facilities, port development projects for which
the commissioner of transportation has entered into an assistance agreement under section
457A.04, ice centers, a local government project with a construction cost of less than
$1,500,000, or any other capital project with a construction cost of less than $750,000.

Sec. 3.

Minnesota Statutes 2012, section 161.082, subdivision 2a, is amended to read:


Subd. 2a.

Town bridges and culverts; town road account.

(a) Money in the
town bridge account must be expended on town road bridge structures that are ten feet
or more in length and on town road culverts that replace existing town road bridges. In
addition, if the present bridge structure is less than ten feet in length but a hydrological
survey indicates that the replacement bridge structure or culvert must be ten feet or more
in length, then the bridge or culvert is eligible for replacement funds.

deleted text begin (b) In addition, if a culvert that replaces a deficient bridge is in a county
comprehensive water plan approved by the Board of Water and Soil Resources and the
Department of Natural Resources, the costs of the culvert and roadway grading other than
surfacing are eligible for replacement funds up to the cost of constructing a replacement
bridge.
deleted text end

deleted text begin (c) The expenditures on a bridge structure or culvert may be paid from the county
turnback account and may be for 100 percent of the cost of the replacement structure or
culvert or for 100 percent of the cost of rehabilitating the existing structure.
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end The town bridge account may be used to pay the costs to abandon an existing
bridge that is deficient and in need of replacement, but where no replacement will be
made. It may also be used to pay the costs to construct a road or street to facilitate the
abandonment of an existing bridge determined by the commissioner to be deficient, if the
commissioner determines that construction of the road or street is more cost-efficient
than replacing the existing bridge.

deleted text begin (e)deleted text endnew text begin (c)new text end When bridge approach construction work exceeds $10,000 in costs, or when
the county engineer determines that the cost of the replacement culverts alone will not
exceed $20,000, or engineering costs exceed $10,000, the town shall be eligible for
financial assistance from the town bridge account. Financial assistance shall be requested
by resolution of the county board and shall be limited to:

(1) 100 percent of the cost of the bridge approach work that is in excess of $10,000;

(2) 100 percent of the cost of the replacement culverts when the cost does not
exceed $20,000 and the town board agrees to be responsible for all the other costs, which
may include costs for structural removal, installation, and permitting. The replacement
structure design and costs shall be approved and certified by the county engineer, but need
not be subsequently approved by the Department of Transportation; or

(3) 100 percent of all related engineering costs that exceed $10,000, or in the case of
towns with a net tax capacity of less than $300,000, 100 percent of the engineering costs.

deleted text begin (f)deleted text endnew text begin (d)new text end Money in the town road account must be distributed as provided in section
162.081.

Sec. 4.

Minnesota Statutes 2012, section 161.20, subdivision 2, is amended to read:


Subd. 2.

Property acquisition; agreements and contracts.

(a) The commissioner
is authorized:

(1) to acquire by purchase, gift, or by eminent domain proceedings as provided
by law, in fee or such lesser estate as the commissioner deems necessary, all lands and
properties necessary in preserving future trunk highway corridors or in laying out,
constructing, maintaining, and improving the trunk highway system including recreational
vehicle lanes; to locate, construct, reconstruct, improve, and maintain the trunk highway
system; to purchase all road material, machinery, tools, and supplies necessary for the
construction, maintenance, and improvement thereof; to construct necessary buildings, or
rent or acquire by purchase, gift, or condemnation, grounds, and buildings necessary for
the storing and housing of such material, machinery, tools, and supplies or necessary for
office space for employees deleted text beginor for providing for driver's license examinationsdeleted text end; to maintain,
repair, or remodel such buildings as may be necessary;

(2) to acquire by purchase, gift, or condemnation, replacement sites for historically
significant buildings or structures and to relocate these buildings or structures onto those
sites, reconstructing and maintaining them until disposed of through public sale to the
highest responsible bidder;

(3) to make agreements with any county for the relocation or reestablishment, by
the county, of section, quarter section, or meander corners originally established by the
United States, when such relocation or reestablishment is necessary in order to write land
acquisition descriptions or by reason of the construction, reconstruction, improvement, or
maintenance of a trunk highway;

(4) to contract on an equitable basis with railroad companies for the installation and
reinstallation of safety devices at trunk highway-railroad grade crossings, and for the
construction, reconstruction, and maintenance of bridges and approaches existing or
necessary for the separation of grades at railroad and trunk highway intersections; and

(5) in carrying out duties, to let all necessary contracts in the manner prescribed
by law.

(b) The commissioner may make agreements with and cooperate with any
governmental authority for the purpose of effectuating the provisions of this chapter.

Sec. 5.

Minnesota Statutes 2012, section 161.36, subdivision 7, is amended to read:


Subd. 7.

Economic recovery funds.

(a) All federal funds made available to
the commissioner under title XII of the American Recovery and Reinvestment Act of
2009, Public Law 111-5, and designated for transportation purposes, including but not
limited to assistance for highways and bridges, transit, aeronautics, ports, and railroads,
are appropriated to the commissioner from the trunk highway fund or the federal fund,
as appropriate. This appropriation includes any funds not initially made available to the
commissioner under the act, including but not limited to competitive grant awards and
funds made available in addition to the amount expected on April 2, 2009. The money is
available until expended.

(b) The commissioner shall make every reasonable effort to seek and utilize all
funds available under title XII of the act.

(c) The commissioner shall expend funds appropriated under this subdivision in
conformance with federal requirements established in association with use of the funds.
The commissioner may expend up to 17 percent of the funds for program delivery.

(d) Notwithstanding section 360.305, subdivision 4, no local contribution is required
for eligible aeronautics project elements funded by a federal grant-in-aid through the act.

deleted text begin (e) Within two weeks of submitting each report to the United States Department of
Transportation as required for the federal aid under this subdivision, the commissioner
shall submit a corresponding report to the chairs and ranking members of the house of
representatives and senate committees with jurisdiction over transportation policy and
finance. The corresponding report must contain (1) a copy of the report submitted to
the United States Department of Transportation, and (2) information on the geographic
distribution of projects funded under this subdivision, which at a minimum specifies
the amount provided for highways and bridges, transit, aeronautics, ports, and railroads
within each of the department's districts.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 162.06, subdivision 3, is amended to read:


Subd. 3.

Disaster account.

(a) After deducting administrative costs as provided
in subdivision 2, the commissioner shall set aside each year one percent of the amount
available to provide for a disaster account; provided that the total amount of money in the
disaster account must never exceed two percent of the total sums to be apportioned to the
counties. The money must be used to provide aid to any county encountering disasters
or unforeseen events affecting its county state-aid highway system, and resulting in an
undue and burdensome financial hardship.

(b) Any county desiring aid by reason of disaster or unforeseen event shall request
the aid in the form required by the commissioner. Upon receipt of the request, the
commissioner shall appoint a board consisting of two representatives of the counties, who
must be either a county engineer or member of a county board, from counties other than the
requesting county, and a representative of the commissioner. The board shall investigate
the matter and report its findings and recommendations in writing to the commissioner.

(c) Final determination of the amount of aid, if any, to be paid to the county from the
disaster account must be made by the commissioner. Upon determining to aid a requesting
county, the commissioner shall certify deleted text beginto the commissioner of management and budget
the amount of the aid, and the commissioner of management and budget shall then issue
a warrant in that
deleted text end new text beginthe new text endamount payable to the county treasurer of the county. Money so
paid must be expended on the county state-aid highway system in accordance with the
rules of the commissioner.

Sec. 7.

Minnesota Statutes 2012, section 162.12, subdivision 3, is amended to read:


Subd. 3.

Disaster account.

(a) After deducting administrative costs as provided in
subdivision 2, the commissioner shall set aside each year a sum of money equal to two
percent of the remaining money in the municipal state-aid street fund to provide for a
disaster account; provided, that the total amount of money in the disaster account must
never exceed three percent of the total sums to be apportioned to the statutory and home
rule charter cities having a population of 5,000 or more. The disaster account must be
used to provide aid to any city encountering disaster or unforeseen event affecting the
municipal state-aid street system of the city, and resulting in an undue and burdensome
financial hardship.

(b) Any city desiring aid by reason of disaster or unforeseen event shall request aid
in the form required by the commissioner. Upon receipt of the request the commissioner
shall appoint a board consisting of two representatives of the cities, who must be either
a city engineer or member of the governing body of a city, from cities other than the
requesting city, and a representative of the commissioner. The board shall investigate the
matter and report its findings and recommendations in writing to the commissioner.

(c) Final determination of the amount of aid, if any, to be paid to the city from the
disaster account must be made by the commissioner. Upon determining to aid the city, the
commissioner shall certify deleted text beginto the commissioner of management and budget the amount of
aid, and the commissioner of management and budget shall then issue a warrant in that
deleted text end new text beginthe
new text endamount payable to the fiscal officer of the city. Money so paid must be expended on the
municipal state-aid street system in accordance with rules of the commissioner.

Sec. 8.

Minnesota Statutes 2012, section 162.13, subdivision 1, is amended to read:


Subdivision 1.

Factors in formula.

After deducting for administrative costs and for
the disaster fund and research account as heretofore provided, deleted text beginand for any allocation made
under section 162.125,
deleted text end the remainder of the total sum provided for in new text beginsection 162.12,
new text endsubdivision 1 deleted text beginof section 162.12deleted text endnew text begin,new text end shall be identified as the apportionment sum, and shall be
apportioned by the commissioner to the cities having a population of 5,000 or more, in
accordance with the following formula:

(1) An amount equal to 50 percent of such apportionment sum shall be apportioned
among the cities having a population of 5,000 or more so that each such city shall receive
of such amount the percentage that its money needs bears to the total money needs of
all such cities.

(2) An amount equal to 50 percent of such apportionment sum shall be apportioned
among the cities having a population of 5,000 or more so that each such city shall receive
of such amount the percentage that its population bears to the total population of all such
cities. For purposes of this subdivision, the population of a city is the greater of 5,000 or the
number calculated under section 162.09, subdivision 4, paragraph (a), (b), (c), (d), or (e).

Sec. 9.

Minnesota Statutes 2012, section 165.09, subdivision 3, is amended to read:


Subd. 3.

Bridge over Minnesota River or Mississippi River.

Before any bridge is
erected over the Minnesota River or Mississippi River, the location and plan thereof shall
be approved by the commissioner. deleted text beginBridges over the Minnesota River below the city of
Chaska shall be built with a suitable draw of not less than 80 feet opening or, in lieu of
such opening, built at such clear height above the ordinary high-water stage as will be
sufficient to accommodate the ordinary navigation of the river.
deleted text end

Sec. 10.

Minnesota Statutes 2012, section 173.13, subdivision 4, is amended to read:


Subd. 4.

Fees.

The annual fee for each such permit or renewal thereof shall be
as follows:

(a) If the advertising area of the advertising device does not exceed 50 square feet,
the fee shall be $30.

(b) If the advertising area exceeds 50 square feet but does not exceed 300 square
feet, the fee shall be $60.

(c) If the advertising area exceeds 300 square feet, the fee shall be $120.

(d) No fee shall be charged for a permit for official signs and notices as they are
defined in section 173.02deleted text begin, except that a fee may be charged for a star city sign erected
under section 173.085
deleted text end.

Sec. 11.

Minnesota Statutes 2012, section 174.02, subdivision 6, is amended to read:


Subd. 6.

Agreements, receipts, appropriation.

To facilitate the implementation
of intergovernmental efficiencies, effectiveness, and cooperation, and to promote and
encourage economic and technological development in transportation matters within and
between governmental and nongovernmental entities:

(a) The commissioner may enter into agreements with other governmental or
nongovernmental entities for research and experimentation; for sharing facilities,
equipment, staff, data, or other means of providing transportation-related services; or for
other cooperative programs that promote efficiencies in providing governmental services
or that further development of innovation in transportation for the benefit of the citizens
of Minnesota.

(b) In addition to funds otherwise appropriated by the legislature, the commissioner
may accept and spend funds received under any agreement authorized in paragraph
(a) for the purposes set forth in that paragraphdeleted text begin, subject to a report of receipts to the
commissioner of management and budget at the end of each fiscal year and, if receipts
from the agreements exceed $100,000 in a fiscal year, the commissioner shall also notify
the governor and the Committee on Finance of the senate and the Committee on Ways
and Means of the house of representatives
deleted text end.

(c) Funds received under this subdivision must be deposited in the special revenue
fund and are appropriated to the commissioner for the purposes set forth in this subdivision.

Sec. 12.

Minnesota Statutes 2012, section 174.02, subdivision 8, is amended to read:


Subd. 8.

Electronic reports.

deleted text beginFordeleted text endnew text begin Notwithstanding section 3.195, subdivision 1,new text end any
legislative report required to be submitted by the commissioner deleted text beginby law, in which the report
deleted text end may deleted text beginor mustdeleted text end be submitted electronicallydeleted text begin, the commissioner shall meet the requirements
under section 3.195, subdivision 1
deleted text end.

Sec. 13.

Minnesota Statutes 2012, section 174.06, subdivision 7, is amended to read:


Subd. 7.

Proposals for implementation.

deleted text begin(a)deleted text end It is the intent of the legislature that
gas, oil, slurry, and other pipelines, long-distance conveyor belt systems, and other modes
of transportation not now regulated by the state be constructed and operated in a manner
that best serves the public good and complements other means of transportation.

deleted text begin (b) The commissioner of transportation shall submit to the governor and the
legislature, no later than January 1, 1979, specific proposals, drafted in bill form if
appropriate, to implement this policy within the areas of responsibility assigned to the
Department of Transportation.
deleted text end

Sec. 14.

Minnesota Statutes 2012, section 174.30, subdivision 9, is amended to read:


Subd. 9.

Complaints; report; data classification.

(a) The commissioner shall
investigate all complaints over which the commissioner has jurisdiction regarding special
transportation service providers regulated under this section.

deleted text begin (b) By January 15, 2009, and in every subsequent odd-numbered year by January 15,
the commissioner shall submit a report to the chairs and ranking minority members of the
house of representatives and senate committees having jurisdiction over transportation
policy and finance. The report must identify each complaint investigated by the
commissioner under paragraph (a), including, but not limited to, any findings and steps
taken for resolution of the complaint.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end When information is furnished to the Department of Transportation that alleges
a violation of this section, an operating standard adopted under this section, or section
174.315, the following data are classified as confidential data or protected nonpublic data:

(1) names of complainants;

(2) complaint letters; and

(3) other unsolicited data when furnished by a person who is not the subject of the
data and who is not a department employee.

Sec. 15.

Minnesota Statutes 2012, section 174.40, subdivision 8, is amended to read:


Subd. 8.

Legislative report.

By November 1 deleted text beginannuallydeleted text endnew text begin of each odd-numbered yearnew text end,
the commissioner shall submit a report on the safe routes to school program to the chairs
and ranking minority members of the house of representatives and senate committees with
jurisdiction over transportation policy and finance. The report must at a minimum:

(1) summarize program implementation;

(2) provide an overview of grant evaluation and criteria used in project selection;

(3) provide a brief description of each project funded in the previous fiscal year,
including the amount of money provided from each safe routes to school account under
this section and the amount provided under the federal program;

(4) summarize the status of the federal program or successor legislation; and

(5) identify any recommendations for legislative changes, including proposals to
improve program effectiveness.

Sec. 16.

Minnesota Statutes 2012, section 174.50, subdivision 6b, is amended to read:


Subd. 6b.

Bridge deleted text beginengineering and designdeleted text end costs in smaller cities.

deleted text beginUntil June 30,
2007,
deleted text endnew text begin (a)new text end The commissioner may make grants from the state transportation fund to a
home rule or statutory city with a population of 5,000 or less deleted text beginand a net tax capacity of
under $200,000
deleted text end for design deleted text beginand preliminarydeleted text endnew text begin,new text end engineeringnew text begin, and constructionnew text end of bridges
on city streets.

new text begin (b)new text end Grants under this subdivision are subject to the procedures and criteria
established under subdivisions 5 deleted text beginanddeleted text endnew text begin,new text end 6, andnew text begin 7.
new text end

new text begin (c) Grantsnew text end may be used fornew text begin:
new text end

new text begin (1)new text end 100 percent of the design and deleted text beginpreliminarydeleted text end engineering costsnew text begin that are in excess of
$10,000;
new text end

new text begin (2) 100 percent of the bridge approach work costs that are in excess of $10,000; and
new text end

new text begin (3) 100 percent of the bridge construction work costsnew text end.

deleted text begin Total grants under this subdivision to all cities may not exceed $200,000.
deleted text end

Sec. 17.

Minnesota Statutes 2012, section 221.031, subdivision 1, is amended to read:


Subdivision 1.

Powers, duties, rules, filings.

(a) This subdivision applies to motor
carriers engaged in intrastate commerce.

(b) The commissioner shall prescribe rules for the operation of motor carriers,
including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
qualifications; accident reporting; identification of vehicles; installation of safety devices;
inspection, repair, and maintenance; and proper automatic speed regulators if, in the
opinion of the commissioner, there is a need for the rules.

deleted text begin (c) The commissioner shall direct the repair and reconstruction or replacement of
an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
the construction and maintenance or furnishing of suitable and proper freight terminals,
passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
at a point on the highway traversed which the commissioner, after investigation by the
department, may deem just and proper for the protection of passengers or property.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The commissioner shall (1) require holders of household goods mover permits
to file schedules of rates and charges, (2) regulate motor carriers in matters affecting the
relationship between them and the traveling and shipping public, and (3) prescribe other
rules as may be necessary to carry out the provisions of this chapter.

deleted text begin (e)deleted text endnew text begin (d)new text end The commissioner shall enforce sections 169.781 to 169.783.

Sec. 18.

Minnesota Statutes 2012, section 360.015, subdivision 2, is amended to read:


Subd. 2.

Cooperation with federal and other agencies.

deleted text begin(a)deleted text end The commissioner
shall cooperate with and assist the federal government, the municipalities of this state, and
others engaged in aeronautics or the promotion of aeronautics and shall seek to coordinate
the aeronautical activities of these bodies. To this end, the commissioner is empowered to
confer with or to hold joint hearings with any federal aeronautical agency in connection
with any matter arising under sections 360.011 to 360.076, or relating to the sound
development of aeronautics, and to take advantage of the cooperation, services, records,
and facilities of such federal agencies, as fully as may be practicable, in the administration
and enforcement of sections 360.011 to 360.076. The commissioner shall reciprocate by
furnishing cooperation, services, records, and facilities, insofar as may be practicable,
to the federal agencies. The commissioner may also contract for the presentation of
educational and informational programs that promote safety and interest in aeronautics.

deleted text begin (b) The commissioner shall report to the appropriate federal agency all accidents
in aeronautics in this state of which the commissioner is informed. The commissioner
shall also preserve, protect, and prevent the removal of the component parts of any aircraft
involved in an accident being investigated by the commissioner until a federal agency
institutes an investigation. The commissioner shall report the following to the appropriate
federal agency:
deleted text end

deleted text begin (1) all refusals by the commissioner to register federal licenses, certificates, or
permits;
deleted text end

deleted text begin (2) all revocations of certificates of registration, and the reasons therefor; and
deleted text end

deleted text begin (3) all penalties of which the commissioner has knowledge imposed upon airmen
for violations of the laws of this state relating to aeronautics or violations of the rules
or orders of the commissioner.
deleted text end

Sec. 19.

Minnesota Statutes 2012, section 360.511, subdivision 4, is amended to read:


Subd. 4.

Air commerce.

"Air commerce" means the transportation by aircraft
of persons or property for hire in interstate, intrastate, or international transportation
on regularly scheduled flights by airline companies operating under a certificate
of convenience and necessity issued by the United States deleted text beginCivil Aeronautics Board
deleted text endnew text begin Department of Transportationnew text end.

Sec. 20.

Minnesota Statutes 2012, section 360.55, subdivision 4, is amended to read:


Subd. 4.

Collector's aircraft.

(a) For purposes of this subdivision:

(1) "antique aircraft" means an aircraft constructed by the original manufacturer,
or its licensee, on or before December 31, 1945, with the exception of certain pre-World
War II aircraft models that had only a small postwar production, such as Beechcraft
Staggerwing, Fairchild 24, and Monocoupe; and

(2) "classic aircraft" means an aircraft constructed by the original manufacturer,
or its licensee, on or after January 1, 1946, and has a first year of life that precedes the
date of registration by at least 50 years.

(b) If an antique or classic aircraft is owned and operated solely as a collector's item,
its owner may list it for taxation and registration as follows: A sworn affidavit must be
executed stating (1) the name and address of the owner, (2) the name and address of the
person from whom purchased, (3) the aircraft's make, year, model number, federal aircraft
registration number, and manufacturer's identification number, and (4) that the aircraft
is owned and operated solely as a collector's item and not for general transportation or
commercial operations purposes. The affidavit must be filed with the commissioner along
with a fee of $25.

(c) Upon satisfaction that the affidavit is true and correct, the commissioner shall
issue to the applicant a registration certificate. The registration certificate is valid without
renewal as long as the owner operates the aircraft solely as a collector's item.

(d) Should an antique or classic aircraft be operated other than as a collector's item,
the registration certificate becomes void and the owner shall list the aircraft for taxation
and registration in accordance with the other provisions of sections 360.511 to 360.67.

(e) Upon the sale of an antique or classic aircraft, the new owner must list the aircraft
for taxation and registration in accordance with this subdivision, including the payment of
a $5 fee to transfer the registration to the new owner, or the other provisions of sections
360.511 to 360.67, whichever is applicable.

deleted text begin (f) In the event of loss or destruction of the registration certificate, and upon
receiving and filing a sworn affidavit of the aircraft owner setting forth the circumstances,
together with a fee of $5, the commissioner shall issue a replacement certificate.
deleted text end

Sec. 21.

Minnesota Statutes 2012, section 360.59, subdivision 7, is amended to read:


Subd. 7.

Transfer of ownership.

Upon the transfer of ownership; the destruction,
theft, or dismantling; or the permanent removal by the owner from this state, of any
aircraft registered in accordance with sections 360.511 to 360.67, the right of the owner
of the aircraft to use the registration certificate assigned the aircraft expires. The owner
shall forthwith return the certificate with transportation prepaid to the commissioner with
a signed notice of the date and manner of termination of ownership, giving the name and
post office address, with street and number if in a city, of the person to whom transferred.
On becoming the owner by gift, trade, or purchase of any aircraft for which a registration
certificate has been issued under sections 360.511 to 360.67, a person, including a
dealer or manufacturer, shall, within seven days after acquiring ownership, join with the
registered owner in transmitting with an application the registration certificate with the
assignment and notice of sale duly executed upon the reverse side, or in case of loss of the
certificate, with such proof of loss by sworn statements in writing as shall be satisfactory
to the commissioner. Upon the transfer of any aircraft by a manufacturer or dealer, for use
within the state, whether by sale, lease, or otherwise, the manufacturer or dealer shall,
within seven days after the transfer, transmit the transferee's application for registration.
deleted text beginThe manufacturer or dealer shall each month file with the commissioner a notice or report
containing the date of the transfer, a description of the aircraft, and the name, street and
number of residence if in a city, and post office address of the transferee.
deleted text end

Sec. 22.

Laws 2013, chapter 117, article 1, section 3, subdivision 7, is amended to read:


Subd. 7.

Previous State Road Construction
Appropriations

Any money appropriated to the commissioner
of transportation for state road construction
for any fiscal year before the first year is
available to the commissioner during the
biennium to the extent that the commissioner
spends the money on the state road
construction project for which the money
was originally encumbered during the fiscal
year for which it was appropriated. deleted text beginThe
commissioner of transportation shall report to
the commissioner of management and budget
by August 1, 2013, and August 1, 2014, on
a form the commissioner of management
and budget provides, on expenditures made
during the previous fiscal year that are
authorized by this subdivision.
deleted text end

Sec. 23. new text begin REPEALER.
new text end

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,
subdivision 3; and 160.283, subdivision 1,
new text end new text begin are repealed.
new text end

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;
161.07; 161.08, subdivision 1; 161.082, subdivision 3; 161.1231, subdivisions 3 and
9; 161.13; 161.161; 161.201; 161.22; 161.31, subdivision 2; 161.3205; 161.3428; and
161.51,
new text end new text begin are repealed.
new text end

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,
subdivision 2; 162.06, subdivision 6; 162.065; 162.08, subdivision 3; 162.09, subdivision
3; 162.12, subdivision 5; and 162.125,
new text end new text begin are repealed.
new text end

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,
subdivision 3,
new text end new text begin is repealed.
new text end

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
164.05,
new text end new text begin are repealed.
new text end

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,
subdivision 5; 165.11; and 165.13,
new text end new text begin are repealed.
new text end

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;
and 169.867,
new text end new text begin are repealed.
new text end

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
173.085,
new text end new text begin are repealed.
new text end

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,
subdivision 7; 174.05; 174.06, subdivision 8; 174.19; 174.256, subdivision 5; and 174.50,
subdivision 6a,
new text end new text begin are repealed.
new text end

new 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

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;
and 181.30,
new text end new text begin are repealed.
new text end

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;
218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; and 218.041, subdivisions 1, 2, and
7,
new text end new text begin are repealed.
new text end

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;
219.562, subdivisions 1, 1a, 3, and 4; 219.565; and 219.566,
new text end new text begin are repealed.
new text end

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;
221.151, subdivision 1; 221.241; and 221.295,
new text end new text begin are repealed.
new text end

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;
222.07; 222.08; 222.09; 222.10; 222.11; 222.12; 222.13; 222.141; 222.15; 222.16; 222.17;
222.18; 222.19; 222.20; 222.21; 222.22; 222.23; 222.24; 222.25; 222.28; 222.31; 222.32;
and 222.35,
new text end new text begin are repealed.
new text end

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,
subdivision 59; 360.015, subdivisions 11a, 17, and 19; and 360.55, subdivision 7,
new text end new text begin are
repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 12A.16, subdivision 5, is amended to read:


Subd. 5.

Waivers authorized.

The requirements of section 174.50, subdivisions 5,
6, deleted text begin6a,deleted text end and 7, are waived for grants under subdivision 3.

Sec. 2.

Minnesota Statutes 2012, section 16B.51, subdivision 1, is amended to read:


Subdivision 1.

Supervision by commissioner.

The commissioner shall supervise
and control the making and distribution of all reports and other publications of all
kinds issued by the state and state agencies when not otherwise prescribed by law. The
commissioner shall also prescribe the manner and form of issuing reports required by
sections 8.08; 16A.50; 35.03; 129D.02, subdivision 5; 256.01;new text begin andnew text end 299C.18deleted text begin; and 360.015,
subdivision 17
deleted text end.

Sec. 3.

Minnesota Statutes 2012, section 161.3410, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The terms used in sections 161.3410 to deleted text begin161.3428deleted text endnew text begin 161.3426
new text end have the meanings given in this section.

Sec. 4.

Minnesota Statutes 2012, section 161.3412, subdivision 2, is amended to read:


Subd. 2.

Competitive, open process.

Sections 161.3410 to deleted text begin161.3428deleted text endnew text begin 161.3426
new text end apply only to transportation projects using the two-step competitive process utilizing
public solicitation for design-build services.

Sec. 5.

Minnesota Statutes 2012, section 161.3414, subdivision 1, is amended to read:


Subdivision 1.

General criteria.

A design-build contracting procedure authorized
under sections 161.3410 to deleted text begin161.3428deleted text endnew text begin 161.3426new text end may be used for a specific project only
after the commissioner determines that awarding a design-build contract will serve the
public interest.

Sec. 6.

Minnesota Statutes 2012, section 161.3418, subdivision 2, is amended to read:


Subd. 2.

Contracting for licensed professional.

A design-builder may enter into a
contract to provide professional or construction services for a project that the design-builder
is not licensed, registered, or qualified to perform, so long as the design-builder provides
those services through subcontractors with duly licensed, registered, or otherwise qualified
individuals in accordance with sections 161.3410 to deleted text begin161.3428deleted text endnew text begin 161.3426new text end.

Sec. 7.

Minnesota Statutes 2012, section 169.86, subdivision 5, is amended to read:


Subd. 5.

Fees; proceeds deposited; appropriation.

The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. Unless otherwise specified, all fees for permits issued by the commissioner
of transportation must be deposited in the state treasury and credited to the trunk highway
fund. Except for those annual permits for which the permit fees are specified elsewhere in
this chapter, the fees are:

(a) $15 for each single trip permit.

(b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.

(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:

(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;

(2) motor vehicles that travel on interstate highways and carry loads authorized
under subdivision 1a;

(3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a
;

(4) special pulpwood vehicles described in section 169.863;

(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;

(6) noncommercial transportation of a boat by the owner or user of the boat;new text begin and
new text end

(7) motor vehicles carrying bales of agricultural products authorized under section
169.862deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (8) special milk-hauling vehicles authorized under section 169.867.
deleted text end

(d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:

(1) mobile cranes;

(2) construction equipment, machinery, and supplies;

(3) manufactured homes and manufactured storage buildings;

(4) implements of husbandry;

(5) double-deck buses;

(6) commercial boat hauling and transporting waterfront structures, including, but
not limited to, portable boat docks and boat lifts;

(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and

(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).

(e) For vehicles that have axle weights exceeding the weight limitations of sections
169.823 to 169.829, an additional cost added to the fees listed above. However, this
paragraph applies to any vehicle described in section 168.013, subdivision 3, paragraph
(b), but only when the vehicle exceeds its gross weight allowance set forth in that
paragraph, and then the additional cost is for all weight, including the allowance weight,
in excess of the permitted maximum axle weight. The additional cost is equal to the
product of the distance traveled times the sum of the overweight axle group cost factors
shown in the following chart:

Overweight Axle Group Cost Factors
Weight (pounds)
Cost Per Mile For Each Group Of:
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
0-2,000
.12
.05
.04
2,001-4,000
.14
.06
.05
4,001-6,000
.18
.07
.06
6,001-8,000
.21
.09
.07
8,001-10,000
.26
.10
.08
10,001-12,000
.30
.12
.09
12,001-14,000
Not
permitted
.14
.11
14,001-16,000
Not
permitted
.17
.12
16,001-18,000
Not
permitted
.19
.15
18,001-20,000
Not
permitted
Not
permitted
.16
20,001-22,000
Not
permitted
Not
permitted
.20

The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).

For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.

(f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:

Gross Weight (pounds) of Vehicle
Annual Permit Fee
90,000
or less
$200
90,001
- 100,000
$300
100,001
- 110,000
$400
110,001
- 120,000
$500
120,001
- 130,000
$600
130,001
- 140,000
$700
140,001
- 145,000
$800
145,001
- 155,000
$900

If the gross weight of the vehicle is more than 155,000 pounds the permit fee is determined
under paragraph (e).

(g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.

(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2
, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds
on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.

(i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:

(1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for
costs related to administering the permit program and inspecting and posting bridges; and

(2) all remaining money in each fiscal year must be deposited in the bridge
inspection and signing account as provided under subdivision 5b.

(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).

Sec. 8.

Minnesota Statutes 2012, section 173.02, subdivision 6, is amended to read:


Subd. 6.

Various signs and notices defined.

Directional and other official signs
and notices shall mean:

(a) "Official signs and notices" mean signs and notices erected and maintained by
public officers or public agencies within their territorial jurisdiction and pursuant to and in
accordance with direction or authorization contained in federal or state law for the purposes
of carrying out an official duty or responsibility. Historical markers authorized by state
law and erected by state or local governmental agencies or nonprofit historical societies,
deleted text beginstar city signs erected under section 173.085,deleted text end and municipal identification entrance signs
erected in accordance with section 173.025new text begin,new text end may be considered official signs.

(b) "Public utility signs" mean warning signs, notices, or markers which are
customarily erected and maintained by publicly or privately owned public utilities, as
essential to their operations.

(c) "Service club and religious notices" mean signs and notices, not exceeding eight
square feet in advertising area, whose erection is authorized by law, relating to meetings
and location of nonprofit service clubs or charitable associations, or religious services.

(d) "Directional signs" means signs containing directional information about public
places owned or operated by public authorities as defined in Code of Federal Regulations,
title 23, section 460.2, paragraph (b), or their agencies, publicly or privately owned
natural phenomena, historic, cultural, scientific, educational, and religious sites, and areas
of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the
interest of the traveling public. To qualify for directional signs, privately owned attractions
must be nationally or regionally known, and of outstanding interest to the traveling public.

(e) All definitions in this subdivision are intended to be in conformity with the
national standards for directional and other official signs.

Sec. 9.

Minnesota Statutes 2012, section 173.02, subdivision 16, is amended to read:


Subd. 16.

Advertising device.

"Advertising device" means any billboard, sign,
notice, poster, display, or other device visible to and primarily intended to advertise and
inform or to attract or which does attract the attention of operators and occupants of motor
vehicles and shall include any structure erected primarily for use in connection with
the display of any such device and all lighting or other attachments used in connection
therewith deleted text beginexcept "star city" signs erected under section 173.085deleted text end.

Sec. 10.

Minnesota Statutes 2012, section 174.66, is amended to read:


174.66 CONTINUATION OF CARRIER RULES.

(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

(1) section 218.041 except rules related to the form and manner of filing railroad
rates, railroad accounting rules, and safety rules;

(2) section 219.40;

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;

(4) deleted text beginrules relating to the sale, assignment, pledge, or other transfer of a stock interest
in a corporation holding authority to operate as a permit carrier as prescribed in section
221.151, subdivision 1;
deleted text end

deleted text begin (5)deleted text end rules relating to rates, charges, and practices under section 221.161, subdivision
4
; and

deleted text begin (6)deleted text endnew text begin (5)new text end rules relating to rates, tariffs, or the granting, limiting, or modifying of
permits under deleted text beginsectionsdeleted text endnew text begin sectionnew text end 221.121 deleted text beginand 221.151deleted text end.

(b) The commissioner shall review the transferred rules, orders, and directives and,
when appropriate, develop and adopt new rules, orders, or directives.

Sec. 11.

Minnesota Statutes 2012, section 221.022, is amended to read:


221.022 EXCEPTION.

The powers granted to the commissioner under sections 221.012 to deleted text begin221.295deleted text endnew text begin 221.293
new text end
do not include the power to regulate any service or vehicles operated by the Metropolitan
Council or to register passenger transportation service provided under contract to the
department or the Metropolitan Council. A provider of passenger transportation service
under contract to the department or the Metropolitan Council may not also provide service
as a motor carrier of passengers without first having registered under section 221.0252.

Sec. 12.

Minnesota Statutes 2012, section 221.0252, subdivision 7, is amended to read:


Subd. 7.

Exemptions from regulation.

Notwithstanding any other law, motor
carriers of passengers are exempt from sections 221.121; 221.122; deleted text begin221.123; 221.151;
deleted text end 221.161; and 221.171.

Sec. 13.

Minnesota Statutes 2012, section 221.026, subdivision 2, is amended to read:


Subd. 2.

Exemptions from requirements.

Notwithstanding any other law, a motor
carrier of property is exempt from sections 221.021; 221.121; 221.122; deleted text begin221.123;deleted text end 221.131;
221.132; deleted text begin221.151;deleted text end 221.161; 221.172, subdivision 3; and 221.185, except as provided in
subdivision 4. The exemptions in this subdivision do not apply to a motor carrier of
property while transporting household goods.

Sec. 14.

Minnesota Statutes 2012, section 221.036, subdivision 1, is amended to read:


Subdivision 1.

Order.

The commissioner may issue an order requiring violations
to be corrected and administratively assessing monetary penalties for a violation of (1)
section 221.021; (2) section 221.033, subdivision 2b; (3) deleted text beginsection 221.151; (4)deleted text end section
221.171; deleted text begin(5)deleted text endnew text begin (4)new text end section 221.141; deleted text begin(6)deleted text endnew text begin (5)new text end a federal, state, or local law, regulation, rule,
or ordinance pertaining to railroad-highway grade crossings; or deleted text begin(7)deleted text endnew text begin (6)new text end rules of the
commissioner relating to the transportation of hazardous waste, motor carrier operations,
insurance, or tariffs and accounting. An order must be issued as provided in this section.

Sec. 15.

Minnesota Statutes 2012, section 221.036, subdivision 3, is amended to read:


Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an
order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
deleted text begin221.151;deleted text end or 221.171, or rules of the commissioner relating to motor carrier operations,
insurance, or tariffs and accounting, identified during a single inspection, audit, or
investigation.

(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the
violation; and

(5) other factors as justice may require, if the commissioner specifically identifies
the additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:

(1) a driver who is convicted of a violation of an out-of-service order;

(2) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of an out-of-service order; or

(3) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of a federal, state, or local law or regulation
pertaining to railroad-highway grade crossings.

Sec. 16.

Minnesota Statutes 2012, section 302A.021, subdivision 10, is amended to
read:


Subd. 10.

Laws not to apply.

deleted text beginSections 222.19 and 222.23, anddeleted text end Chapters 301, 316,
and 556 do not apply to a corporation incorporated under or governed by this chapter.

Sec. 17.

Minnesota Statutes 2012, section 322B.02, is amended to read:


322B.02 LAWS NOT TO APPLY.

deleted text begin Sections 222.19, 222.23, anddeleted text end Chapters 301, 316, and 556 do not apply to a limited
liability company organized under or governed by this chapter.

Sec. 18.

Minnesota Statutes 2012, section 336.9-201, is amended to read:


336.9-201 GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.

(a) General effectiveness. Except as otherwise provided in the Uniform Commercial
Code, a security agreement is effective according to its terms between the parties, against
purchasers of the collateral, and against creditors.

(b) Applicable consumer laws and other law. A transaction subject to this article
is subject to any applicable rule of law which establishes a different rule for consumers
and (i) any other statute or regulation that regulates the rates, charges, agreements, and
practices for loans, credit sales, or other extensions of credit including but not limited
to sections 48.153 to 48.157; 53C.01 to 53C.14; deleted text begin222.13 to 222.16;deleted text end 334.01 to 334.06;
and chapters 52, 53, and 56, (ii) any consumer protection statute or rule, and (iii) the
Manufactured Home Repossession Security Act, sections 327.61 to 327.67.

(c) Other applicable law controls. In case of conflict between this article and a
rule of law, statute, or regulation described in subsection (b), the rule of law, statute, or
regulation controls. Failure to comply with a statute or regulation described in subsection
(b) has only the effect the statute or regulation specifies.

(d) Further deference to other applicable law. This article does not:

(1) validate any rate, charge, agreement, or practice that violates a rule of law,
statute, or regulation described in subsection (b); or

(2) extend the application of the rule of law, statute, or regulation to a transaction
not otherwise subject to it.