HF 2148

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor carriers; incorporating federal 
  1.3             regulations requiring drug and alcohol testing by 
  1.4             motor carriers and for commercial motor vehicle 
  1.5             operators; amending Minnesota Statutes 2000, section 
  1.6             221.0313. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 221.0313, is 
  1.9   amended to read: 
  1.10     221.0313 [CONTROLLED SUBSTANCE DRUG AND ALCOHOL TESTING AND 
  1.11  PROCEDURES.] 
  1.12     Subdivision 1.  [PURPOSE; INTENT; EXEMPTION EXEMPTIONS.] (a)
  1.13  The purpose of this section is to adopt federal regulations 
  1.14  governing testing for alcohol and controlled substances.  
  1.15     (b) The legislature intends that the adopted federal 
  1.16  regulations be applied: 
  1.17     (1) to persons and the employers of persons (i) who provide 
  1.18  intrastate motor carrier transportation in commerce by means of 
  1.19  a commercial motor vehicle, (ii) who are subject to the rules 
  1.20  adopted in section 221.0314, subdivisions 2 to 5, for driver 
  1.21  qualifications, and (iii) who operate commercial motor vehicles, 
  1.22  as defined are subject to the commercial driver's license 
  1.23  requirements in Code of Federal Regulations, title 49, section 
  1.24  391.85 part 383; and 
  1.25     (2) in the same manner that the federal regulations apply 
  1.26  to interstate transportation.  
  2.1      (c) Intrastate carriers who are required to comply with the 
  2.2   adopted federal regulations are exempt from the requirements of 
  2.3   sections 181.950 to 181.957.  This exemption applies only to the 
  2.4   testing of drivers. 
  2.5      (d) This section does not apply to (1) employers and their 
  2.6   drivers exempted under Code of Federal Regulations, title 49, 
  2.7   section 382.103, paragraph (d), and (2) providers of passenger 
  2.8   transportation service described in section 221.022. 
  2.9      Subd. 2.  [DEFINITIONS.] For purposes of this section, The 
  2.10  following terms used in this section and the federal regulations 
  2.11  adopted in subdivisions 4 and 5 have the meanings given them in 
  2.12  section 221.011, except as added or modified in Code of Federal 
  2.13  Regulations, title 49, section 382.107, and this subdivision, as 
  2.14  follows: 
  2.15     (a) "DOT agency" means the commissioner of transportation. 
  2.16     (b) "DOT agency regulations" means the federal regulations 
  2.17  adopted in subdivisions 4 and 5. 
  2.18     (c) "Motor carrier" means:  
  2.19     (1) a motor carrier as defined in section 221.011, 
  2.20  subdivision 15; and 
  2.21     (2) a private carrier as defined in section 221.011, 
  2.22  subdivision 26, or a person providing transportation described 
  2.23  in section 221.025 when the private carrier or person:  
  2.24     (i) is subject to the rules of the commissioner for driver 
  2.25  qualifications under section 221.031; and 
  2.26     (ii) is operating a commercial motor vehicle.; and 
  2.27     The term "motor carrier" includes a motor carrier's agents; 
  2.28  officers; representatives; employees responsible for hiring, 
  2.29  supervising, training, assigning, or dispatching drivers; and 
  2.30  employees concerned with installing, inspecting, and maintaining 
  2.31  motor vehicle equipment or accessories.  The definition of motor 
  2.32  carrier includes the term "employer." 
  2.33     (iii) the employer of a driver of a commercial motor 
  2.34  vehicle. 
  2.35     Subd. 3.  [APPLICABILITY.] The regulations adopted in 
  2.36  subdivisions 4 and 5 apply to a motor carrier providing 
  3.1   transportation by commercial motor vehicle in intrastate 
  3.2   commerce, as defined in Code of Federal Regulations, title 49, 
  3.3   section 382.107. 
  3.4      Subd. 4.  [DRIVER QUALIFICATIONS; FEDERAL REGULATIONS 
  3.5   ADOPTED.] Code of Federal Regulations, title 49, sections 
  3.6   391.41, paragraph (c); 391.43, paragraph (a)(2); 391.81, 
  3.7   paragraphs (a) and (b); 391.85; 391.87; 391.89; 391.95 to 
  3.8   391.123; and part 391, appendix D, are incorporated by reference.
  3.9      Subd. 5.  [CONTROLLED SUBSTANCE TESTING; FEDERAL 
  3.10  REGULATIONS ADOPTED.] Code of Federal Regulations, title 49, 
  3.11  sections 40.1; 40.3; 40.21, paragraphs (a), (c), and (d); 40.23 
  3.12  to 40.39; and part 40, appendix A, are part 382, is incorporated 
  3.13  by reference. 
  3.14     Subd. 6.  [APPLICABILITY OF OTHER TESTING PROGRAMS.] (a) If 
  3.15  a drug testing program established under this section is limited 
  3.16  to testing for the controlled substances listed in Code of 
  3.17  Federal Regulations, title 49, section 40.21, paragraph (a), 
  3.18  Sections 181.950 to 181.957 do not apply to employers and 
  3.19  drivers subject to testing for alcohol and controlled substances 
  3.20  under this section.  
  3.21     (b) Persons subject to this section may test for drugs, in 
  3.22  addition to those listed in Code of Federal Regulations, title 
  3.23  49, section 40.21, paragraph (a), or for alcohol, only in 
  3.24  accordance with sections 181.950 to 181.957, and rules adopted 
  3.25  under those sections. 
  3.26     Subd. 7.  [PROGRAM REQUIRED.] (a) Every motor carrier shall:
  3.27     (1) have an in-house controlled substance and alcohol 
  3.28  testing program that meets the federal requirements adopted by 
  3.29  reference in subdivision 5; or 
  3.30     (2) be a member of a consortium, as defined in Code of 
  3.31  Federal Regulations, title 49, section 382.107, that provides 
  3.32  testing that meets the federal requirements. 
  3.33     (b) At the time of registration or renewal of registration 
  3.34  of a commercial vehicle, a motor carrier shall certify that the 
  3.35  carrier is in compliance with this section and, if the carrier 
  3.36  belongs to a consortium, shall provide the department with the 
  4.1   names of persons who operate the consortium. 
  4.2      (c) When a medical review officer of a motor carrier's 
  4.3   testing program or of the consortium the carrier belongs to 
  4.4   determines that a positive test result is valid, the officer 
  4.5   shall report the finding to the department of public safety. 
  4.6      Subd. 8.  [TESTING PROGRAM RECORDS AND REPORTS; 
  4.7   HEARING.] (a) Each employer of persons described in subdivision 
  4.8   1, paragraph (b), shall maintain records of its alcohol misuse 
  4.9   and controlled substances use prevention programs as provided in 
  4.10  Code of Federal Regulations, title 49, section 382.401. 
  4.11     (b) An employer shall also prepare, maintain, and report as 
  4.12  requested by the department of transportation, but no more often 
  4.13  than annually, a summary of the results of its alcohol and 
  4.14  controlled substances testing program, as required by Code of 
  4.15  Federal Regulations, title 49, section 382.403. 
  4.16     (c) In addition, an employer shall provide to the driver 
  4.17  and vehicle services division of the department of public safety 
  4.18  the results of individual reports of drug test results for 
  4.19  inclusion in the person's driving record.  The department of 
  4.20  public safety shall notify the person who is the subject of the 
  4.21  report that the person has a right to a hearing under paragraph 
  4.22  (d) to determine whether the test results reported under this 
  4.23  section will be placed on the person's driving record.  
  4.24     (d) The notice required by paragraph (c) must inform the 
  4.25  person of the procedure for requesting a hearing, including but 
  4.26  not limited to the time in which a hearing must be requested and 
  4.27  the manner of making the request.  A hearing under this 
  4.28  paragraph must be held under chapter 14, but is limited to the 
  4.29  following issues: 
  4.30     (1) whether the person named in the report is the person 
  4.31  who took the test; 
  4.32     (2) whether the motor carrier or consortium has a program 
  4.33  that meets the federal requirements adopted under subdivision 5; 
  4.34  and 
  4.35     (3) whether the medical review officer making the report 
  4.36  correctly followed the procedures for testing established by the 
  5.1   motor carrier or consortium. 
  5.2   On determining that the person is the person named in the 
  5.3   report, that the motor carrier or consortium has a program 
  5.4   meeting the requirements of subdivision 5, and that the medical 
  5.5   review officer followed established procedures, the 
  5.6   administrative law judge shall order the positive test result to 
  5.7   be entered into the person's driving record. 
  5.8      (e) The commissioner of public safety shall adopt rules 
  5.9   under chapter 14 specifying requirements for requesting a 
  5.10  hearing under this subdivision.  If a hearing is not requested 
  5.11  within the time limit established by rule, or if the person does 
  5.12  not appear at a hearing, the department of public safety shall 
  5.13  place the information about the positive test result on the 
  5.14  person's driving record.  
  5.15     (f) The department of public safety may disclose 
  5.16  information about a drug test result for purposes of a hearing 
  5.17  requested under this subdivision.  The department may otherwise 
  5.18  disclose information about a drug test result that is made to 
  5.19  the department under this section only if the person who 
  5.20  requests the information provides the department with written 
  5.21  permission from the person who is the subject of the report. 
  5.22     (g) The departments of public safety and transportation may 
  5.23  not be held civilly liable for any damage resulting from placing 
  5.24  information about a drug test result on the person's driving 
  5.25  record as required by this section or for any damage resulting 
  5.26  from release of the information by a department that occurs in 
  5.27  the normal course of business.