piers109uk/MN-Statutes huggingface dataset:
169.96 INTERPRETATION AND EFFECT.
(a) This chapter shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(b) In all civil actions, a violation of any of the provisions of this chapter, by either or any of the parties to such action or actions shall not be negligence per se but shall be prima facie evidence of negligence only.
169.92 FAILURE TO APPEAR.
A person may appear in court either in person or through an appearance by counsel. A person is not required to sign a written promise to appear.
When a person fails to appear in court in response to a notice to appear prepared under section 169.91, subdivision 3, or fails to comply with other orders of the court regarding the appearance or proceedings, the court shall notify the commissioner of public safety of the nonappearance or noncompliance upon a form provided by the commissioner.
Upon receipt of notice from the court that a nonresident did not appear in court, the commissioner of public safety shall forward a copy of the report to the driver licensing authority of the state, district, territory, possession, or province of residence of the person.
MS 2020 [Renumbered 171.16, subd 3a]
169.973 REGULATION OF CLINIC; DIRECTOR.
The commissioner of public safety shall supervise the administration and conduct of driver improvement clinics and youth-oriented driver improvement clinics. The commissioner of public safety shall promulgate rules setting forth standards for the curriculum and mode of instruction of driver improvement clinics and youth-oriented driver improvement clinics and such other matters as the commissioner of public safety considers necessary for the proper administration of such clinics. In the preparation of such standards the commissioner of public safety shall consult with the state associations of judges. A driver improvement clinic established under sections 169.971 to 169.973 and 171.20, subdivision 3, shall conform to the standards promulgated by the commissioner of public safety. The course of study at a driver improvement clinic and youth-oriented driver improvement clinic may not exceed a cumulative total of nine hours with no single class session lasting more than three hours. The course of study at a driver improvement clinic and youth-oriented driver improvement clinic shall include instruction in railroad crossing safety.
The commissioner of public safety may appoint a driver improvement clinic director within the Department of Public Safety and such other employees as are necessary to accomplish the purposes of Laws 1965, chapter 711.
169.985 TRAFFIC CITATION QUOTA PROHIBITED.
A law enforcement agency may not order, mandate, require, or suggest to a peace officer a quota for the issuance of traffic citations, including administrative citations authorized under section 169.999, on a daily, weekly, monthly, quarterly, or yearly basis.
169.972 ESTABLISHMENT OF DRIVER IMPROVEMENT CLINIC; FEES.
Subject to sections 169.971 to 169.973 and 171.20, subdivision 3, any court, municipality, association of municipalities, or any regularly established safety organization may establish and conduct a driver improvement clinic or a youth-oriented driver improvement clinic.
The court, municipality or organization conducting a driver improvement clinic or a youth-oriented driver improvement clinic may establish reasonable tuition fees not to exceed $50, but not to exceed the actual cost of the course.
169.94 RECORD OF CONVICTION.
No record of the conviction of any person for any violation of this chapter shall be admissible as evidence in any court in any civil action.
The conviction of a person upon a charge of violating any provision of this chapter or other traffic rule less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding.
169.97 CITATION; HIGHWAY TRAFFIC REGULATION ACT.
This chapter shall be cited as the "Highway Traffic Regulation Act."
169.965 UNIVERSITY REGENTS TO REGULATE TRAFFIC AND PARKING.
The regents of the University of Minnesota may, from time to time, make, adopt, and enforce such rules, regulations, or ordinances as it may find expedient or necessary relating to the regulation of traffic and parking, upon parking facilities, highways, streets, private roads, and roadways situated on property owned, leased, or occupied by the regents of the University of Minnesota or the University of Minnesota.
Any person who violates such rule, regulation, or ordinance shall be guilty of a petty misdemeanor and subject to the provisions of sections 169.891 and 169.90, subdivision 1.
The prosecution may be before a district court having jurisdiction over the place where the violation occurs.
Every sheriff, police officer, or other peace officer shall see that all rules, regulations, and ordinances are obeyed, and shall arrest and prosecute offenders.
The regents of the University of Minnesota are hereby authorized to appoint and employ, and fix the compensation to be paid out of funds of the regents of the University of Minnesota, persons who shall have and may exercise on property owned, leased, or occupied by the regents of the University of Minnesota or the University of Minnesota the same powers of arrest for violation of rules, regulations, or ordinances adopted by the regents of the University of Minnesota pursuant to the Highway Traffic Regulation Act, chapters 169 and 169A, as amended, as possessed by a sheriff, police officer, or peace officer.
All persons shall take notice of such rules, regulations, and ordinances without pleading and proof of the same.
(a) The regents of the University of Minnesota shall fix a date for a public hearing on the adoption of any such proposed rule, regulation, or ordinance. Notice of such hearing shall be published in a legal newspaper in the county in which the property affected by the rule, regulation, or ordinance is located. The publication shall be at least 15 days and not more than 45 days before the date of the hearing.
(b) If, after the public hearing, the proposed rule, regulation, or ordinance shall be adopted by a majority of the members of the Board of Regents of the University of Minnesota, the same shall be considered to have been enacted by the regents of the University of Minnesota. A copy of the same shall be signed by the president, attested by the secretary, and filed with the secretary of state of the state of Minnesota, together with proof of publication. Upon such filing, the rule, regulation, or ordinance, as the case may be, shall thenceforth be in full force and effect.
The fines collected in Hennepin, St. Louis, and Stevens Counties shall be paid into the treasury of the University of Minnesota, except that the portion of the fines necessary to cover all costs and disbursements incurred in processing and prosecuting the violations in the court shall be retained by the court administrator in Hennepin and St. Louis Counties and by the city of Morris in Stevens County.
169.93 ARREST WITHOUT WARRANT.
The provisions of sections 169.90 to 169.95 shall govern all police officers in making arrests without a warrant for violations of this chapter for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.
169.966 BOARD TO REGULATE TRAFFIC ON STATE UNIVERSITIES.
The Board of Trustees of the Minnesota State Colleges and Universities may from time to time make, adopt, and enforce such rules or ordinances not inconsistent with this chapter, as it may find expedient or necessary relating to the regulation of traffic and parking upon parking facilities and private roads and roadways situated on property owned, leased, occupied, or operated by state universities.
The Board of Trustees may establish rents, charges, or fees for the use of parking facilities owned, leased, occupied, or operated by the board. The money collected by the board as rents, charges, or fees in accordance with this subdivision shall be deposited in the university activity fund and is annually appropriated to the Board of Trustees for state university purposes and to maintain and operate parking lots and parking facilities.
Any person who violates such rule or ordinance shall be guilty of a petty misdemeanor and subject to the provisions of sections 169.891 and 169.90, subdivision 1.
The prosecution may be before a district court having jurisdiction over the place where the violation occurs.
Every sheriff, police officer, or other peace officer shall see that all rules and ordinances are obeyed and shall arrest and prosecute offenders.
The Board of Trustees may appoint and employ, and fix the compensation to be paid out of funds which may be available for such purposes, persons who shall have and may exercise on property owned, leased, or occupied by the state universities the same powers of arrest for violation of rules or ordinances adopted by the board as possessed by a sheriff, police officer, or peace officer.
All persons shall take notice of such rules and ordinances without pleading and proof of the same.
(a) The Board of Trustees shall fix a date for a public hearing on the adoption of any such proposed rule or ordinance. Notice of such hearing shall be published in a legal newspaper in the county in which the property affected by the rule or ordinance is located. The publication shall be at least 15 days and not more than 45 days before the date of the hearing.
(b) If, after the public hearing, the proposed rule or ordinance shall be adopted by a majority of the members of the board, the same shall be considered to have been enacted by the board. A copy of the same shall be signed by the president and filed with the county recorder of each county where the rule or ordinance shall be in effect, together with proof of publication. Upon such filing, the rule or ordinance, as the case may be, shall thenceforth be in full force and effect.
The Board of Trustees may delegate its responsibilities under this section to a state university president. Actions of the president shall be presumed to be those of the board. The university president shall file with the board president the results of any public hearings and the subsequent adoption of any proposed rule or ordinance enacted pursuant thereto.
169.95 COURT TO KEEP SEPARATE RECORDS OF VIOLATIONS.
(a) Every court administrator shall keep a full record of every case in which a person is charged with a violation of any law or ordinance, regulating the operation of vehicles on highways.
(b) Within ten days after the conviction or forfeiture of bail of a person upon a charge of violating any provisions of any law or ordinance, regulating the operation of vehicles on highways, the court administrator of the court in which the conviction was had or bail was forfeited, shall immediately forward to the Department of Public Safety an abstract of the record of the court covering the case in which the person was convicted or forfeited bail. The abstract must be certified by the person required to prepare it to be true and correct.
(c) The abstract must be made upon a form furnished by the Department of Public Safety, and shall include the name and address of the party charged, the driver's license number of the person involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of the fine or forfeiture, as the case may be.
(d) Every court shall also forward a report to the Department of Public Safety reporting the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
(e) The failure, refusal, or neglect of any judicial officer to comply with any of the requirements of this section shall constitute misconduct in the office and shall be grounds for removal.
169.975 OPERATION OF ROADABLE AIRCRAFT.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Aircraft" has the meaning given in section 360.013, subdivision 37.
(c) "Airport" has the meaning given in section 360.013, subdivision 39, and includes a personal-use airport as defined in Minnesota Rules, part 8800.0100, subpart 22a.
(d) "Restricted landing area" has the meaning given in section 360.013, subdivision 57.
(e) "Unlicensed landing area" has the meaning given in Minnesota Rules, part 8800.0100, subpart 32a.
(a) A roadable aircraft is considered a motor vehicle when in operation, including on a public highway, except when the vehicle is (1) at an airport, (2) on a restricted landing area, (3) on an unlicensed landing area, or (4) in flight. When operating a roadable aircraft as a motor vehicle, an operator must comply with all rules and requirements set forth in this chapter governing the operation and insurance of a motor vehicle.
(b) When in operation at an airport, a restricted landing area, an unlicensed landing area, or in flight, a roadable aircraft is considered an aircraft and the operator must comply with all rules and requirements set forth in chapter 360. An owner of a roadable aircraft registered in Minnesota must comply with all rules and requirements of chapter 360 governing the registration, taxation, and insurance of aircraft.
(c) A roadable aircraft may only take off or land at an airport, unlicensed landing area, or restricted landing area.
173.025 MUNICIPAL IDENTIFICATION SIGN.
A local road authority may erect a municipal identification entrance sign within the right-of-way of a trunk highway with the written permission of the commissioner. Municipal identification entrance signs erected without the written permission of the commissioner are prohibited.
173.06 RULES RELATING TO ROAD ADVERTISING.
The commissioner of transportation must adopt and may modify, amend, or repeal rules governing the maintenance of legal nonconforming advertising devices within scenic areas; provided that the commissioner shall not adopt, modify, amend, or repeal any rule that will impair any agreement between the state and the federal government under this chapter. The commissioner of transportation may limit the application of any rule adopted by the commissioner to exclude or include in whole or in part, specified areas within the scenic area based upon use, nature of the surrounding community, or such other factors as may make separate classification or rule necessary or desirable.
Such rules shall be designed to the end that the state may receive any federal participation that may be available in the cost of acquiring the necessary easements for such scenic areas, and to effectuate the general purposes of Laws 1971, chapter 883, and the specific objectives of providing for traffic safety along any interstate or primary highway in the vicinity of scenic areas and of preserving and enhancing the natural scenic beauty or the aesthetic features of the highway and scenic areas adjacent thereto.
173.03 ROAD ADVERTISING PERMIT WITHIN SCENIC AREA.
Except as otherwise provided in sections 173.01 to 173.11, the erection or maintenance of any advertising device located within a scenic area without a written permit therefor granted by the commissioner of transportation is prohibited.
173.05 ACQUISITION OF PROPERTY.
The commissioner of transportation shall acquire all rights in property, personal or real, necessary to carry out the purposes of sections 173.01 to 173.11, by purchase, gift, or eminent domain proceedings. All costs of acquisition of such rights shall be necessary for a highway purpose. Nothing herein shall be construed to limit any right, power, or authority to regulate and control the erection or maintenance of advertising devices under the provisions of any other law of this state.
173.081 DIRECTIONAL SIGN.
(a) The commissioner of transportation shall develop uniform standards for directional signs erected under this chapter. The standards must provide for the size, lighting, spacing, design, colors, and maintenance of the signs. The standards must provide that:
(1) no pictorial or photographic representations be placed on the signs;
(2) directional signs facing the same direction of travel may not be placed less than one mile apart;
(3) signs located adjacent to an interstate highway must be within 75 miles of the described activity, and those located adjacent to other trunk highways must be within 50 miles of the described activity; and
(4) not more than one directional sign for the same activity and facing the same direction of travel may be erected along a single marked highway approaching the activity.
(b) The standards may provide eligibility criteria, including visitor capacity, parking capacity, days and hours of operation, and annual and daily average attendance, for attractions qualifying for directional signs.
(c) The commissioner shall take no action under this section which would result in the loss to the state of federal highway construction funds.
173.01 DECLARATION OF POLICY.
It is hereby found and declared that in the interest of and to promote the general welfare of the people and to conserve the natural beauty of areas adjacent to certain highways, it is necessary to reasonably and effectively regulate and control the erection or maintenance of advertising devices on land adjacent to such highways. It is further declared that inasmuch as outdoor advertising is an integral part of the business and marketing function, an established segment of the national economy, and a legitimate commercial use of property adjacent to roads and highways, it should be allowed to operate where other business and commercial activities are conducted, and the regulation of outdoor advertising should occur by the application of reasonable regulatory standards consistent with customary use of outdoor advertising and zoning principles in this state which will properly and adequately carry out each and all of the purposes of Laws 1971, chapter 883; that the regulatory standards set forth in Laws 1971, chapter 883, are consistent with customary use in this state. It is the intention hereby to comply with the policies declared by Congress in United States Code, title 23, "Highways."
173.07 ROAD ADVERTISING PERMIT APPLICATION, RENEWAL.
Application for permits or renewals thereof for the placement of advertising devices must be on forms prescribed by the commissioner and contain information as the commissioner may require. No advertising device shall be placed without the consent of the owner or occupant of the land, and adequate proof of such consent shall be submitted to the commissioner at the time application is made for such permits or renewals. A permit is required to access state right-of-way to maintain an advertising device.
The commissioner of transportation may renew each permit for additional one year periods upon the receipt of an application therefor made within 30 days of the expiration date of such permit together with the payment of an annual fee of $30. The permit or renewal thereof shall be revocable for any violation of sections 173.01 to 173.11 or rules adopted thereunder at any time by the commissioner of transportation on 30 days' written notice to the permit holder. All fees collected shall be paid into the trunk highway fund.
173.086 RECYCLING CENTER SIGN.
A recycling facility that has complied with the permitting rules of the Pollution Control Agency and has been designated a recycling center by the agency under section 115A.555 may erect a recycling center sign upon payment of a fee to the Department of Transportation or to the local road authority required to cover all costs of fabrication and installation of the signs.
The Department of Transportation shall design and manufacture the recycling center sign to specifications not contrary to other federal and state highway sign standards. The sign must contain the international three-arrow recycling symbol followed by the words "recycling center."
Each local road authority shall permit recycling center signs to be located on roads in its jurisdiction, subject to sign placement and distance requirements of the local authority in conformance with standard policies for placement of signs for other traffic generators.
173.09 VIOLATIONS, REMEDIES.
Any advertising device in place within a scenic area four months after the property rights for such area have been acquired which is in violation of sections 173.01 to 173.11 or any rule issued or adopted thereunder, is hereby declared to be a public nuisance, illegal and nonconforming and may be abated in the manner prescribed by law for the abatement of public nuisances, or the commissioner may enter upon the land and remove the sign.
173.10 CONFLICT OF LAWS.
Nothing in sections 173.01 to 173.11 shall be construed to abrogate or affect the provisions of any other law, municipal ordinance, regulation, or resolution which is more restrictive concerning advertising devices than are the provisions of such sections or of the rules adopted hereunder.
173.11 CHAPTER VIOLATIONS, MISDEMEANOR.
Any person who is convicted of violating any provision of sections 173.01 to 173.11, or of violating any rule issued or adopted thereunder after receiving notice thereof, is guilty of a misdemeanor.
173.12 APPLICABILITY.
Sections 173.01 and 173.02 and 173.13 to 173.231 shall apply to adjacent areas on interstate or primary highways.
173.155 CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS.
For the purposes of this section, "changeable electronic variable message sign" or "CEVMS" means an outdoor advertising device that contains light-emitting diodes or other technology to display copy visible during the day and during the night, with the copy changes initiated electronically.
Intermittent, animated, scrolling, full-motion video elements, or moving lights are prohibited on outdoor advertising devices, including CEVMS.
(a) Notwithstanding subdivision 2, a CEVMS is permissible if:
(1) the message does not change more frequently than once every six seconds;
(2) the transition between messages or copy does not exceed two seconds in duration;
(3) the message brightness does not exceed 0.3 foot-candles over ambient light, as measured using a foot candle meter from the following distances:
(i) for signs with a nominal face size of 12 feet by 25 feet, from 150 feet;
(ii) for signs with a nominal face size of ten feet, six inches, by 36 feet, from 200 feet; and
(iii) for signs with a nominal face size of 14 feet by 48 feet, from 250 feet; and
(4) the sign must not cause beams or rays of light to be directed at the traveled way if the light is of such intensity or brilliance as to cause glare that impairs the vision of the driver of a motor vehicle, or interfere with any driver's operation of a motor vehicle.
(b) The brightness measurement under paragraph (a), clause (3), must be conducted at least 30 minutes after sunset or at least 30 minutes before sunrise. Each CEVMS must have automatic dimming technology that adjusts the device's brightness levels in response to changes in ambient light.
173.17 REMOVAL OF ADVERTISING DEVICE; COMPENSATION.
(a) It is hereby declared that where in order to carry out the provisions of this chapter it is necessary that property rights be acquired, such acquisition is for a public purpose and is necessary for a highway purpose. The commissioner of transportation is authorized to acquire by purchase, gift or condemnation all advertising devices and all property rights pertaining thereto which are prohibited under the provisions of this chapter, and any rules promulgated pursuant thereto, provided that such advertising devices were in lawful existence on June 8, 1971. In any such acquisition, purchase or condemnation, just compensation shall be paid for:
(1) the taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display or device; and
(2) the taking from the owner of the real property on which such advertising device is located immediately prior to its removal or relocation, the right to erect and maintain thereon advertising devices, and full compensation therefor, including severance damage and damage to the remainder of the outdoor advertising plant regardless of whether it is located on property contiguous to or a part of that on which such sign is located, shall be included in the amounts paid to the respective owners. Provided, however, that no compensation shall be paid for severance damage and damage to the remainder of the outdoor advertising plant unless federal laws, or rules and regulations promulgated by the United States Department of Transportation provide for federal participation in the cost of such severance damage and damage to the remainder of the outdoor advertising plant.
(b) Compensation required herein shall be paid to the person or persons entitled thereto. Notwithstanding any other provisions of Laws 1971, chapter 883, no advertising device shall be required to be removed or relocated unless and until the commissioner of transportation shall tender payment to the owner of the advertising device and the owner of real property upon which the same is located, in cash or check drawn on the state treasury, of 100 percent of the amount of just compensation required herein, as determined by the commissioner of transportation; provided that the acceptance of said tendered amount by the person or persons to be compensated shall be without prejudice to further rights to have just compensation finally determined in accordance with the provisions of Laws 1971, chapter 883, and to receive any greater or additional amount under chapter 117.
(c) Notwithstanding any other provision of this chapter, including section 173.20, no advertising device which was lawfully erected shall be removed until all rights in the property, personal or real, have been acquired by purchase, gift, or eminent domain proceedings under chapter 117, whether or not the advertising device is removed pursuant to this chapter or any other statute, ordinance, or regulation of any political subdivision of the state or local zoning authority.
173.15 PROHIBITED ADVERTISING DEVICES.
(a) After June 8, 1971, no advertising device shall be erected or maintained:
(1) which purports to be or resembles an official traffic-control device, sign, or signal, or railroad sign or signal; or which hides from view or interferes in any material degree with the effectiveness of any traffic-control device, sign, or signal, or railroad sign or signal, or which obstructs or interferes with the driver's view of approaching, merging, or intersecting traffic for a distance not to exceed 500 feet;
(2) which prominently displays the word "stop" or "danger";
(3) which contains statements, words, or pictures of an obscene, indecent, or immoral character, or such as would offend public morals or decency;
(4) on any right-of-way of the interstate system of highways, except as otherwise provided by law or allowed by the commissioner;
(5) on private land without the consent of the owner or occupant thereof;
(6) on trees, shrubs, or which are painted or drawn upon rocks or natural features, or on public utility poles;
(7) which has distracting flashing or moving lights so designed or lighted as to be a traffic hazard;
(8) to which access can be obtained only from an interstate main-traveled way but excluding frontage roads adjacent thereto;
(9) which are structurally unsafe, are in disrepair, or are abandoned.
(b) The prohibition under paragraph (a), clause (7), does not include an electronic advertising device that changes displayed digital content no more frequently than once every six seconds.
173.171 VEGETATION CONTROL; VISIBILITY; AGREEMENT.
The commissioner of the Department of Transportation may enter into agreements with the owners of advertising devices not prohibited under this chapter and lawfully erected and maintained in adjacent areas, or with the owners of the real property on which the advertising devices are located, providing for the control of vegetation on the right-of-way in the vicinity of the advertising devices to ensure their visibility from the highway. The agreements shall provide that:
(1) the cost of any vegetation control measures will be paid for by the owner of the advertising device or the owner of the real property on which it is located; and
(2) any control measures will be carried out in a safe, workmanlike manner.
173.0851 STATE ENERGY CITY.
The city of Elk River is designated as a state energy city.
173.185 AGREEMENT WITH FEDERAL GOVERNMENT; RULES.
The commissioner of transportation shall comply with federal law and federal rules and regulations relating to billboard control on the interstate and primary systems, and is authorized to do all necessary acts and things, including, but not limited to, entering into binding agreements with the United States or any of its agencies or departments to the end that the objectives stated in United States Code, title 23, section 131, section 319, or any other applicable federal statute, and the rules and regulations promulgated pursuant thereto, be accomplished on the interstate and primary systems of highways.
The commissioner of transportation is authorized to promulgate rules governing the erection and maintenance of outdoor advertising devices as may be necessary to carry out the policy of the state declared in this chapter.
173.20 CONFLICT OF LAWS.
Nothing in sections 173.13 to 173.231 shall be construed to abrogate or affect the provisions of any other law, municipal ordinance, regulation, or resolution which is more restrictive concerning advertising than the provisions of said sections 173.13 to 173.231 hereof or of the regulations adopted thereunder.
173.21 CHAPTER VIOLATIONS; MISDEMEANOR; INJUNCTIVE RELIEF.
Any person who violates any provisions of sections 173.13 to 173.231 or any rules issued or adopted thereunder after notice thereof upon conviction is guilty of a misdemeanor. In addition thereto, the commissioner of transportation may seek injunctive relief in the district court of the county in which the nonconforming advertising device is located and require that either the advertising device conform or be removed.
173.231 FEES; PROCEEDS TO TRUNK HIGHWAY FUND.
All fees collected under sections 173.07 and 173.13 shall be paid into the trunk highway fund.
173.26 EXEMPTION FOR OLD ADVERTISING DEVICE IN BUSINESS AREA.
Notwithstanding any other provision of Laws 1971, chapter 883, each advertising device in existence in a business area on June 8, 1971, and which fails to comply with the provisions of Laws 1971, chapter 883, only as to size, lighting, or spacing, may remain in place.
173.265 OUTDOOR ADVERTISING DEVICES; REMOVAL; MAINTENANCE.
(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Destroyed" means that more than 50 percent of a nonconforming outdoor advertising device's upright supports are physically damaged to a degree that normal repair practices would require replacement of broken wooden supports or replacement of broken, bent, or twisted supports for metal sign structures.
(c) "Reasonable repair and maintenance" means customary maintenance and change of a sign's copy or message, and includes replacement of existing light fixtures with energy efficient fixtures or installation of other energy efficiency improvements. Reasonable repair and maintenance does not include:
(1) the addition of illumination;
(2) repair, reinstallation, erection, or maintenance for outdoor advertising devices that are destroyed, as defined under paragraph (b);
(3) enlarging the nonconforming device;
(4) changing the device from a wood structure to a steel or concrete structure; or
(5) any change that would terminate nonconforming status.
(d) "Substantial change" means any action that does not constitute reasonable repair and maintenance.
This section applies only to outdoor advertising devices subject to state and federal regulation under United States Code, title 23, section 131, and any regulations adopted under that law.
The department may remove a destroyed, abandoned, or discontinued outdoor advertising device, subject to the limitations provided under this chapter.
(a) The owner of an outdoor advertising device may perform reasonable repair and maintenance on any device, provided the device is not destroyed.
(b) Any action not constituting reasonable repair and maintenance will subject the outdoor advertising device to immediate removal under subdivision 3.
Substantial changes to outdoor advertising devices are prohibited. A substantial change to a nonconforming outdoor advertising device will subject the sign to immediate removal under subdivision 3.
173.27 CITATION.
Laws 1971, chapter 883, may be cited as the "Minnesota Outdoor Advertising Control Act."
173.25 AVAILABILITY OF FEDERAL AID.
The commissioner of transportation shall not expend money for the acquisition of advertising devices controlled under this chapter, except those for which acquisition proceedings were begun before June 8, 1979, or for which federal money has been appropriated by Congress and the federal share has been made available to the commissioner. No advertising device legal under Laws 1971, chapter 883, shall be required to be removed or relocated until payment as provided in Laws 1971, chapter 883, is tendered by the commissioner of transportation. No further state funds shall be used for any existing or proposed acquisitions other than those funds necessary to obtain full federal participation in the acquisition proceeding pursuant to United States Code, title 23, "Highways."
174.06 TRANSFER OF POWERS.
All powers, duties, and functions heretofore vested in or imposed on the commissioner of highways or the Department of Highways by chapters 160, 161, 162, 163, 164, 165, 167, 169, 173, or sections 473.405 to 473.449 or any other law relating to the duties and powers of the commissioner of highways are transferred to, vested in, and imposed on the commissioner of transportation. The position of the commissioner of highways and the Department of Highways as heretofore constituted are abolished.
All powers, duties, and functions heretofore vested in or imposed on the commissioner of aeronautics or the Department of Aeronautics by sections 360.011 to 360.076, 360.305 to 360.73, 360.81 to 360.91 or any other law relating to the duties and powers of the commissioner of aeronautics are transferred to, vested in, and imposed on the commissioner of transportation. The position of the commissioner of aeronautics and the Department of Aeronautics as heretofore constituted are abolished.
All powers, duties, and functions heretofore vested in or imposed on the Department of Public Service, the Public Utilities Commission, or the commissioner of the Department of Public Service by sections 174.60 to 174.63 are transferred to, vested in, and imposed on the commissioner of transportation.
[Repealed, 1977 c 454 s 49]
Any and all transfers of Department of Public Service personnel, records, and funds to the Department of Transportation, made pursuant to the provisions of this section, shall be subject to the approval of the commissioner of administration.
[Repealed, 1981 c 253 s 48]
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.
[Repealed, 2014 c 227 art 1 s 23]
174.10 PROCEEDINGS INVOLVING CARRIERS.
The commissioner in any contested case that involves a motor carrier or common carrier by rail as a party shall give reasonable notice to representatives of associations or other interested groups or persons who have registered their names with the commissioner for that purpose, to all parties and to cities and municipalities that the commissioner deems to be interested in the proceeding. The commissioner may prescribe an annual fee as a charge to all registered groups or persons. The fee must be credited to the general fund. This charge is to cover the out-of-pocket costs involved in providing the notice.
In all matters over which the commissioner has regulatory, or enforcement authority, the commissioner may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear to testify regarding any matter about which the person may be lawfully questioned or to produce any papers, books, records, documents, or other evidentiary materials in the matter to be heard, after having been required by a subpoena of the commissioner to do so may, upon application by the commissioner to the district court in any district, be ordered to comply therewith. An administrative law judge in a rulemaking or contested case proceeding may, on behalf of the commissioner, issue subpoenas, administer oaths to witnesses, and take their affirmations. Depositions may be taken within or without the state by the commissioner or the commissioner's designee in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process or paper may be served upon any person named therein, anywhere within the state by any officer authorized to serve subpoenas or other process or paper in civil actions, with the same fees and mileage and in the same manner as prescribed by law for service of process issued out of the district court of this state.
In proceedings that involve a motor carrier or common carrier by rail as a party, the matter must be heard by the commissioner as authorized by law.
If, in any proceeding the commissioner decides that the department does not have jurisdiction, the commissioner shall issue an order dismissing the proceeding and stating the ground of the dismissal.
174.04 FINANCIAL ASSISTANCE; APPLICATIONS; DISBURSEMENT.
Any state agency which receives an application from a regional development commission, metropolitan council, public transit commission, airport commission, port authority, or other political subdivision of the state, or any nonpublic organization, for financial assistance for transportation planning, capital expenditures, or operations to any state or federal agency, shall first submit the application to the commissioner of transportation. The commissioner shall review the application to determine whether it contains matters that substantially affect the statewide transportation plan and priorities. If the application does not contain such matters, the commissioner shall within 15 days after receipt return the application to the applicant political subdivision or nonpublic organization for forwarding to the appropriate agency. If the application contains such matters, the commissioner shall review and comment on the application as being consistent with the plan and priorities. The commissioner shall return the application together with comments within 45 days after receipt to the applicant political subdivision or nonpublic organization for forwarding with the commissioner's comments to the appropriate agency.
A regional development commission, metropolitan council, public transit commission, airport commission, port authority, or any other political subdivision of the state, or any nonpublic organization, may designate the commissioner as its agent to receive and disburse funds by entering into an agreement with the commissioner prescribing the terms and conditions of the receipt and expenditure of the funds in accordance with federal and state laws, rules, and regulations.
The provisions of this section shall not be construed as altering or amending in any way the funding procedures specified in section 161.36, 360.016 or 360.0161.
174.07 EXPIRATION OF REPORT MANDATES.
(a) If submission of a report by the commissioner to the legislature, including but not limited to chairs and ranking minority members of a legislative committee or the Legislative Coordinating Commission, is required by law, the requirement to submit the report expires in accordance with this section.
(b) For a law enacted before January 1, 2023, the requirement to submit a report to the legislature expires as follows:
(1) for an annual report, on January 1, 2025; or
(2) for a biennial or less frequent report, on January 1, 2026.
(c) For a law enacted on or after January 1, 2023, the requirement to submit a report to the legislature expires as follows:
(1) for an annual report, three years after the date of enactment; or
(2) for a biennial or less frequent report, five years after the date of enactment.
By February 15 annually, the commissioner must submit an expirations list to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy, the revisor of statutes, and the Legislative Reference Library. The list must identify (1) all reports set to expire under this section during the upcoming 12-month period, and (2) all reports in which the requirement for submission has expired in the past 12-month period.
This section does not apply to:
(1) a law that establishes a requirement with general applicability for an agency or agencies to submit a report, including but not limited to reports and information under sections 14.05, subdivision 5, and 14.116;
(2) a law that specifies a reporting expiration date or a date for the submission of a final report;
(3) information required by law to be included in a budget submission to the legislature under section 16A.11;
(4) the plans required under section 174.03, subdivisions 1a, 1b, and 1c;
(5) the forecast information requirements under section 174.03, subdivision 9; and
(6) the reports required under sections 161.088, subdivision 7; 161.089; 161.3203, subdivision 4; 165.03, subdivision 8; 174.03, subdivision 12; 174.185, subdivision 3; 174.247; 174.56, subdivisions 1 and 2; and 174.75, subdivision 3.
174.11 PROPERTY ACQUISITIONS; NOTICE TO COUNTY AUDITOR.
Upon acquisition of any taxable real property, the commissioner must notify the county auditor of the county where the property is located that the property has been acquired.
174.15 DEFINITIONS.
For the purposes of sections 174.14 to 174.17, and unless a different meaning is indicated by the context, the terms defined in this section have the meanings given them.
"Construction project" means any state construction project undertaken by the Department of Transportation.
"Value analysis" means the systematic and creative functional analysis of construction projects, specifications, standards, practices and procedures for the purposes of identifying and eliminating unnecessary costs by developing modifications which satisfy required functions of a project for the lowest cost in a manner consistent with requirements for performance, reliability, quality and maintainability.
"Value engineering proposal" means a formal written proposal with supporting documentation. A value engineering proposal shall be developed by application of value analysis principles, shall be documented by a contractor or subcontractor pursuant to the provisions of the construction contract, and shall suggest one or more changes in the construction project, specifications, standards, practices, or procedures which would result in direct and immediate net savings in terms of reducing the costs of the construction contract.
174.14 VALUE ANALYSIS OF PROJECT; POLICY.
The legislature finds that the application of the principles and techniques of value analysis in reducing the cost of state construction projects is in the interest of the efficient operation of state government. It is therefore the policy of the legislature to support, encourage, and, where necessary, authorize the application of some or all of those principles by agencies and departments of the state.
174.16 CONTRACT TO INCLUDE VALUE ANALYSIS AUTHORIZATION.
All contracts for construction projects may contain contract provisions which:
(1) authorize the contractor, with regard to specified matters governed by the contract, and any subcontractor, with regard to matters governed by the subcontracting agreement with the contractor, to submit value engineering proposals as provided in sections 174.15 to 174.17;
(2) specify such procedural and substantive requirements for the preparation, development and documentation for value engineering proposals as may be required for the particular construction project;
(3) require that copies of all value engineering proposals and all supporting documents be submitted to the commissioner of transportation; and
(4) provide that if a value engineering proposal is adopted for the construction project contract as provided in section 174.17, a supplemental agreement shall reduce contract payments to the contractor or subcontractor that submitted the value engineering proposal, by an amount equal to one-half of the amount of direct and immediate net savings under the contract resulting from the adoption of the value engineering proposal.
174.17 EVALUATION OF VALUE ENGINEERING PROPOSALS.
After receipt of a value engineering proposal and supporting documents, the commissioner of transportation shall investigate and analyze the value engineering proposal, estimate the amount of the direct and immediate net savings in terms of construction project contract costs which would result upon adoption of the value engineering proposal.
Subject to the provisions of sections 174.15 to 174.17 and the provisions of any other applicable law, if the commissioner of transportation determines, based upon the reports and recommendations of the department, that adoption of a value engineering proposal will result in direct and immediate savings in the construction project contract costs, the commissioner shall approve and authorize the adoption of the implementing supplemental agreement and the supplemental agreement shall be processed and adopted as otherwise provided by law.
174.65 CARRIER HEARINGS AND APPEALS.
All hearings related to common carriers by rail or motor carriers and required to be conducted by the commissioner of transportation must be conducted pursuant to sections 14.001 to 14.69.
An appeal from an order of the commissioner must be in accordance with chapter 14.
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; and
(4) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under section 221.121.
(b) The commissioner shall review the transferred rules, orders, and directives and, when appropriate, develop and adopt new rules, orders, or directives.
174.20 PAVEMENT SELECTION GUIDELINES.
(a) The commissioner must develop, implement, and adhere to a pavement investment guide.
(b) The commissioner must review and approve all pavement selections made by district offices for construction, reconstruction, rehabilitation, or preservation projects to ensure that the pavement selection is consistent with the pavement investment guide. Nothing in this section allows the commissioner to alter projects selected by district offices, except for the type of pavement to be used.
174.18 ADVERTISEMENT OF HIGHWAY CONTRACT.
Notwithstanding anything in chapter 16C to the contrary, all contracts for the repair, improvement, maintenance, or construction of highways or highway bridges must be advertised and let as provided by law for highway construction contracts.