HF 241

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor carriers; allowing personnel of 
  1.3             departments of transportation and public safety to 
  1.4             conduct joint or combined audits of motor carrier 
  1.5             records; requiring commissioner of public safety to 
  1.6             provide commissioner of transportation information on 
  1.7             traffic accidents involving commercial motor vehicles; 
  1.8             providing for enforcement authority of personnel of 
  1.9             departments of transportation and public safety 
  1.10            relating to motor carriers; modifying requirements to 
  1.11            obtain restricted driver's license for farm work; 
  1.12            conforming state statutes to federal motor carrier 
  1.13            safety regulations; providing for the reauthorization 
  1.14            of the uniform hazardous materials registration and 
  1.15            permit program for an additional year; authorizing 
  1.16            commissioner of transportation to accept electronic 
  1.17            signatures for electronically transmitted motor 
  1.18            carrier documents; providing immunity from civil 
  1.19            liability for certain disclosures by motor carrier 
  1.20            employers; providing for hazardous waste transporter 
  1.21            licensing under state law; amending Minnesota Statutes 
  1.22            1996, sections 168.187, subdivision 20; 169.09, 
  1.23            subdivision 13; 169.85; 169.871, subdivisions 1 and 
  1.24            1a; 171.041, as amended; 221.0314, subdivisions 1, 2, 
  1.25            6, 7, 9, 10, and 11; 221.0355, subdivisions 5 and 15; 
  1.26            221.221, subdivisions 2 and 4; 296.17, subdivision 18; 
  1.27            296.171, subdivision 4; and 299D.06; Laws 1994, 
  1.28            chapter 589, section 8, as amended; proposing coding 
  1.29            for new law in Minnesota Statutes, chapter 221. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 1996, section 168.187, 
  1.32  subdivision 20, is amended to read: 
  1.33     Subd. 20.  [JOINT OR RECIPROCAL AUDITS.] The commissioner 
  1.34  of public safety may make arrangements with the commissioner of 
  1.35  transportation and with agencies of other states administering 
  1.36  motor vehicle registration laws for joint or reciprocal audits 
  1.37  of any owner. 
  2.1      Sec. 2.  Minnesota Statutes 1996, section 169.09, 
  2.2   subdivision 13, is amended to read: 
  2.3      Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
  2.4   APPROPRIATION.] (a) All written reports and supplemental reports 
  2.5   required under this section shall be for the use of the 
  2.6   commissioner of public safety and other appropriate state, 
  2.7   federal, county, and municipal governmental agencies for 
  2.8   accident analysis purposes, except: 
  2.9      (1) the commissioner of public safety or any law 
  2.10  enforcement agency shall, upon written request of any person 
  2.11  involved in an accident or upon written request of the 
  2.12  representative of the person's estate, surviving spouse, or one 
  2.13  or more surviving next of kin, or a trustee appointed pursuant 
  2.14  to section 573.02, disclose to the requester, the requester's 
  2.15  legal counsel, or a representative of the requester's insurer 
  2.16  the report required under subdivision 8; 
  2.17     (2) the commissioner of public safety shall, upon written 
  2.18  request, provide the driver filing a report under subdivision 7 
  2.19  with a copy of the report filed by the driver; 
  2.20     (3) the commissioner of public safety may verify with 
  2.21  insurance companies vehicle insurance information to enforce 
  2.22  sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
  2.23     (4) the commissioner of public safety may give to shall 
  2.24  provide the commissioner of transportation the name and address 
  2.25  of a carrier subject to section 221.031 for use in enforcing the 
  2.26  information obtained for each traffic accident report 
  2.27  requirements under chapter 221 involving a commercial motor 
  2.28  vehicle, for purposes of administering commercial vehicle safety 
  2.29  regulations; and 
  2.30     (5) the commissioner of public safety may give to the 
  2.31  United States Department of Transportation commercial vehicle 
  2.32  accident information in connection with federal grant programs 
  2.33  relating to safety. 
  2.34     (b) Accident reports and data contained in the reports 
  2.35  shall not be discoverable under any provision of law or rule of 
  2.36  court.  No report shall be used as evidence in any trial, civil 
  3.1   or criminal, arising out of an accident, except that the 
  3.2   commissioner of public safety shall furnish upon the demand of 
  3.3   any person who has, or claims to have, made a report, or, upon 
  3.4   demand of any court, a certificate showing that a specified 
  3.5   accident report has or has not been made to the commissioner 
  3.6   solely to prove compliance or failure to comply with the 
  3.7   requirements that the report be made to the commissioner. 
  3.8      (c) Nothing in this subdivision prevents any person who has 
  3.9   made a report pursuant to this section from providing 
  3.10  information to any persons involved in an accident or their 
  3.11  representatives or from testifying in any trial, civil or 
  3.12  criminal, arising out of an accident, as to facts within the 
  3.13  person's knowledge.  It is intended by this subdivision to 
  3.14  render privileged the reports required, but it is not intended 
  3.15  to prohibit proof of the facts to which the reports relate. 
  3.16     (d) Disclosing any information contained in any accident 
  3.17  report, except as provided in this subdivision, section 13.82, 
  3.18  subdivision 3 or 4, or other statutes, is a misdemeanor. 
  3.19     (e) The commissioner of public safety may charge authorized 
  3.20  persons a $5 fee for a copy of an accident report. 
  3.21     (f) The commissioner and law enforcement agencies may 
  3.22  charge commercial users who request access to response or 
  3.23  incident data relating to accidents a fee not to exceed 50 cents 
  3.24  per report.  "Commercial user" is a user who in one location 
  3.25  requests access to data in more than five accident reports per 
  3.26  month, unless the user establishes that access is not for a 
  3.27  commercial purpose.  Money collected by the commissioner under 
  3.28  this paragraph is appropriated to the commissioner. 
  3.29     Sec. 3.  Minnesota Statutes 1996, section 169.85, is 
  3.30  amended to read: 
  3.31     169.85 [WEIGHING; PENALTY.] 
  3.32     The driver of a vehicle which has been lawfully stopped may 
  3.33  be required by a peace an officer to submit the vehicle and load 
  3.34  to a weighing by means of portable or stationary scales, and the 
  3.35  peace officer may require that the vehicle be driven to the 
  3.36  nearest available scales if the distance to the scales is no 
  4.1   further than five miles, or if the distance from the point where 
  4.2   the vehicle is stopped to the vehicle's destination is not 
  4.3   increased by more than ten miles as a result of proceeding to 
  4.4   the nearest available scales.  Official traffic control devices 
  4.5   as authorized by section 169.06 may be used to direct the driver 
  4.6   to the nearest scale.  When a truck weight enforcement operation 
  4.7   is conducted by means of portable or stationary scales and signs 
  4.8   giving notice of the operation are posted within the highway 
  4.9   right-of-way and adjacent to the roadway within two miles of the 
  4.10  operation, the driver of a truck or combination of vehicles 
  4.11  registered for or weighing in excess of 12,000 pounds shall 
  4.12  proceed to the scale site and submit the vehicle to weighing and 
  4.13  inspection. 
  4.14     Upon weighing a vehicle and load, as provided in this 
  4.15  section, an officer may require the driver to stop the vehicle 
  4.16  in a suitable place and remain standing until a portion of the 
  4.17  load is removed that is sufficient to reduce the gross weight of 
  4.18  the vehicle to the limit permitted under section 169.825.  A 
  4.19  suitable place is a location where loading or tampering with the 
  4.20  load is not prohibited by federal, state, or local law, rule or 
  4.21  ordinance.  A driver may be required to unload a vehicle only if 
  4.22  the weighing officer determines that (a) on routes subject to 
  4.23  the provisions of section 169.825, the weight on an axle exceeds 
  4.24  the lawful gross weight prescribed by section 169.825, by 2,000 
  4.25  pounds or more, or the weight on a group of two or more 
  4.26  consecutive axles in cases where the distance between the 
  4.27  centers of the first and last axles of the group under 
  4.28  consideration is ten feet or less exceeds the lawful gross 
  4.29  weight prescribed by section 169.825, by 4,000 pounds or more; 
  4.30  or (b) on routes designated by the commissioner in section 
  4.31  169.832, subdivision 11, the overall weight of the vehicle or 
  4.32  the weight on an axle or group of consecutive axles exceeds the 
  4.33  maximum lawful gross weights prescribed by section 169.825; or 
  4.34  (c) the weight is unlawful on an axle or group of consecutive 
  4.35  axles on a road restricted in accordance with section 169.87.  
  4.36  Material unloaded must be cared for by the owner or driver of 
  5.1   the vehicle at the risk of the owner or driver. 
  5.2      A driver of a vehicle who fails or refuses to stop and 
  5.3   submit the vehicle and load to a weighing as required in this 
  5.4   section, or who fails or refuses, when directed by an officer 
  5.5   upon a weighing of the vehicle, to stop the vehicle and 
  5.6   otherwise comply with the provisions of this section, is guilty 
  5.7   of a misdemeanor. 
  5.8      When used in this section, the word "officer" means a peace 
  5.9   officer or an employee of the department of public safety 
  5.10  described in section 299D.06. 
  5.11     Sec. 4.  Minnesota Statutes 1996, section 169.871, 
  5.12  subdivision 1, is amended to read: 
  5.13     Subdivision 1.  [CIVIL LIABILITY.] The owner or lessee of a 
  5.14  vehicle that is operated with a gross weight in excess of a 
  5.15  weight limit imposed under sections 169.825 and 169.832 to 
  5.16  169.851 and 169.87 or a shipper who ships or tenders goods for 
  5.17  shipment in a single truck or combination vehicle that exceeds a 
  5.18  weight limit imposed under sections 169.825 and 169.832 to 
  5.19  169.851 and 169.87 is liable for a civil penalty as follows: 
  5.20     (a) If the total gross excess weight is not more than 1,000 
  5.21  pounds, one cent per pound for each pound in excess of the legal 
  5.22  limit; 
  5.23     (b) If the total gross excess weight is more than 1,000 
  5.24  pounds but not more than 3,000 pounds, $10 plus five cents per 
  5.25  pound for each pound in excess of 1,000 pounds; 
  5.26     (c) If the total gross excess weight is more than 3,000 
  5.27  pounds but not more than 5,000 pounds, $110 plus ten cents per 
  5.28  pound for each pound in excess of 3,000 pounds; 
  5.29     (d) If the total gross excess weight is more than 5,000 
  5.30  pounds but not more than 7,000 pounds, $310 plus 15 cents per 
  5.31  pound for each pound in excess of 5,000 pounds; 
  5.32     (e) If the total gross excess weight is more than 7,000 
  5.33  pounds, $610 plus 20 cents per pound for each pound in excess of 
  5.34  7,000 pounds. 
  5.35     Any penalty imposed upon a defendant under this subdivision 
  5.36  shall not exceed the penalty prescribed by this subdivision.  
  6.1   Any fine paid by the defendant in a criminal overweight action 
  6.2   that arose from the same overweight violation shall be applied 
  6.3   toward payment of the civil penalty under this subdivision.  A 
  6.4   peace officer or department of public safety employee described 
  6.5   in section 299D.06 who cites a driver for a violation of the 
  6.6   weight limitations established by sections 169.81 to 169.851 and 
  6.7   169.87 shall give written notice to the driver that the driver 
  6.8   or another may also be liable for the civil penalties provided 
  6.9   herein in the same or separate proceedings.  
  6.10     Sec. 5.  Minnesota Statutes 1996, section 169.871, 
  6.11  subdivision 1a, is amended to read: 
  6.12     Subd. 1a.  [SPECIAL PERMIT VIOLATIONS.] The owner or lessee 
  6.13  of a vehicle that is operated with a gross weight in excess of a 
  6.14  weight limit imposed by permit under sections 169.86 and 169.862 
  6.15  and a shipper who ships or tenders goods for shipment in a 
  6.16  single truck or combination vehicle that exceeds a weight limit 
  6.17  permitted under sections 169.86 or 169.862 is liable for a civil 
  6.18  penalty at a rate of five cents per pound for each pound in 
  6.19  excess of the weight permitted under section 169.86 or 169.862, 
  6.20  or $100, whichever is greater.  
  6.21     Any penalty imposed upon a defendant under this subdivision 
  6.22  shall not exceed the penalty prescribed by this subdivision.  
  6.23  Any fine paid by the defendant in a criminal overweight action 
  6.24  that arose from the same overweight violation may not be applied 
  6.25  toward payment of the civil penalty under this subdivision.  A 
  6.26  peace officer or department of public safety employee described 
  6.27  in section 299D.06 who cites a driver for a violation of the 
  6.28  weight limitations established by permit pursuant to section 
  6.29  169.86 or 169.862 shall give written notice to the driver that 
  6.30  the driver or another may also be liable for the civil penalty 
  6.31  provided in this subdivision in the same or separate proceedings.
  6.32     Sec. 6.  Minnesota Statutes 1996, section 171.041, as 
  6.33  amended by Laws 1997, chapter 48, section 1, is amended to read: 
  6.34     171.041 [RESTRICTED LICENSES FOR FARM WORK.] 
  6.35     Notwithstanding any provisions of section 171.04 relating 
  6.36  to the age of an applicant to the contrary, the commissioner may 
  7.1   issue a restricted farm work license to operate a motor vehicle 
  7.2   to a person who has attained the age of 15 years but who is 
  7.3   under the age of 16 years and who, except for age, is qualified 
  7.4   to hold a driver's license.  The applicant is not required to 
  7.5   comply with the six-month instruction permit possession 
  7.6   provisions of sections 171.04, subdivision 1, clause (2), and 
  7.7   171.05, subdivision 2a.  The restricted license shall be issued 
  7.8   solely for the purpose of authorizing the person to whom the 
  7.9   restricted license is issued to assist the person's parents or 
  7.10  guardians with farm work.  A person holding this restricted 
  7.11  license may operate a motor vehicle only during daylight hours 
  7.12  and only within a radius of 20 miles of the parent's or 
  7.13  guardian's farmhouse; however, in no case may a person holding 
  7.14  the restricted license operate a motor vehicle in a city of the 
  7.15  first class.  An applicant for a restricted license shall apply 
  7.16  to the commissioner for the license on forms prescribed by the 
  7.17  commissioner.  The application shall be accompanied by: 
  7.18     (1) a copy of a property tax statement showing that 
  7.19  the applicant's residence applicant owns land that is classified 
  7.20  as agricultural land or a copy of a rental statement or 
  7.21  agreement showing that the applicant rents land classified as 
  7.22  agricultural land; and 
  7.23     (2) by a written verified statement by the applicant's 
  7.24  parent or guardian setting forth the necessity for the license. 
  7.25     Sec. 6.  Minnesota Statutes 1996, section 221.0314, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [APPLICABILITY.] (a) Intrastate motor 
  7.28  carriers, private carriers, and persons providing intrastate 
  7.29  transportation described in section 221.025, must comply with 
  7.30  the rules federal regulations incorporated in this section.  
  7.31  Private carriers and persons providing intrastate transportation 
  7.32  described in section 221.025, must comply with the federal 
  7.33  regulations incorporated in this section to the extent required 
  7.34  by section 221.031.  Every carrier and its officers, agents, 
  7.35  representatives, and employees responsible for managing, 
  7.36  maintaining, equipping, operating, or driving motor vehicles, or 
  8.1   hiring, supervising, training, assigning, or dispatching 
  8.2   drivers, must be instructed in and comply with the rules 
  8.3   incorporated in this section and shall require that its agents, 
  8.4   representatives, drivers, and employees comply. 
  8.5      (b) In the rules incorporated in subdivisions 2 to 11: 
  8.6      (1) the term "motor carrier" means a carrier required to 
  8.7   comply with this section by section 221.031; 
  8.8      (2) a reference to a federal agency or office means the 
  8.9   Minnesota department of transportation; and 
  8.10     (3) a reference to a federal administrative officer means 
  8.11  the commissioner of the Minnesota department of transportation. 
  8.12     Sec. 7.  Minnesota Statutes 1996, section 221.0314, 
  8.13  subdivision 2, is amended to read: 
  8.14     Subd. 2.  [QUALIFICATIONS OF DRIVERS.] Code of Federal 
  8.15  Regulations, title 49, part 391 and appendixes C, D, and E, are 
  8.16  incorporated by reference except for sections 391.1; 391.2; 
  8.17  391.11, paragraph (b)(1); 391.47; 391.49, paragraphs (b) to (1); 
  8.18  391.51, paragraphs (f) and (g); 391.62; 391.64; 391.67; 391.68; 
  8.19  391.69; 391.71; and those sections incorporated in section 
  8.20  221.0313, subdivision 4 391.73.  In addition, the cross 
  8.21  references to Code of Federal Regulations, title 49, section 
  8.22  391.62, 391.67, or 391.71 or to part 391, subpart G, found in 
  8.23  Code of Federal Regulations, title 49, sections 391.11, 
  8.24  paragraphs (a) and (b); 391.21, paragraph (a); 391.23, paragraph 
  8.25  (a); 391.25; 391.27, paragraph (a); 391.31, paragraph (a); 
  8.26  391.35, paragraph (a); 391.41, paragraph (a); and 
  8.27  391.45, sections or paragraphs not incorporated in this 
  8.28  subdivision are not incorporated by reference. 
  8.29     Sec. 8.  Minnesota Statutes 1996, section 221.0314, 
  8.30  subdivision 6, is amended to read: 
  8.31     Subd. 6.  [DRIVING OF MOTOR VEHICLES.] Code of Federal 
  8.32  Regulations, title 49, part 392, is incorporated by reference, 
  8.33  except that sections 392.1, 392.2, and 392.30, paragraph (a), of 
  8.34  that part, are not incorporated. 
  8.35     Sec. 9.  Minnesota Statutes 1996, section 221.0314, 
  8.36  subdivision 7, is amended to read: 
  9.1      Subd. 7.  [PARTS AND ACCESSORIES NECESSARY FOR SAFE 
  9.2   OPERATION.] Code of Federal Regulations, title 49, part 393, is 
  9.3   incorporated by reference, except that sections 393.1, 393.3, 
  9.4   and 393.5 of that part are not incorporated for paragraph (d) of 
  9.5   section 393.43.  In addition, despite the first paragraph of 
  9.6   Code of Federal Regulations, title 49, section 393.95, a 
  9.7   lightweight vehicle must carry a fire extinguisher meeting the 
  9.8   requirements in Code of Federal Regulations, title 49, section 
  9.9   393.95. 
  9.10     Sec. 10.  Minnesota Statutes 1996, section 221.0314, 
  9.11  subdivision 9, is amended to read: 
  9.12     Subd. 9.  [HOURS OF SERVICE OF DRIVERS.] Code of Federal 
  9.13  Regulations, title 49, part 395, is incorporated by reference, 
  9.14  except that sections 395.3, paragraphs (d) to (f); 395.8, 
  9.15  paragraphs (k)(2) and (l)(2); paragraphs (a), (c), (d), (f), 
  9.16  (i), (j), (l), (m), (n), and (o) of section 395.1 and section 
  9.17  395.13, of that part are not incorporated.  In addition, the 
  9.18  cross reference references to paragraph (e) in Code of Federal 
  9.19  Regulations, title 49, section 395.3, paragraph (a), is sections 
  9.20  or paragraphs not incorporated in this subdivision are not 
  9.21  incorporated by reference.  The requirements of Code of Federal 
  9.22  Regulations, title 49, sections 395.3, paragraphs (a) and (b); 
  9.23  and 395.8, paragraphs (a) to (k), part 395, do not apply to 
  9.24  drivers of lightweight vehicles. 
  9.25     Sec. 11.  Minnesota Statutes 1996, section 221.0314, 
  9.26  subdivision 10, is amended to read: 
  9.27     Subd. 10.  [INSPECTION, REPAIR, AND MAINTENANCE.] Code of 
  9.28  Federal Regulations, title 49, part 396, is incorporated by 
  9.29  reference, except that sections 396.1, 396.9, and; 396.11, 
  9.30  paragraph (d); 396.17 to; 396.19; 396.21; and 396.23 of that 
  9.31  part are not incorporated. 
  9.32     Sec. 12.  Minnesota Statutes 1996, section 221.0314, 
  9.33  subdivision 11, is amended to read: 
  9.34     Subd. 11.  [TRANSPORTING HAZARDOUS MATERIALS; DRIVING AND 
  9.35  PARKING.] A person who transports hazardous materials shall 
  9.36  comply with this section and rules adopted under section 221.031 
 10.1   when that person is transporting a hazardous material, hazardous 
 10.2   waste, or hazardous substance in a vehicle that must be marked 
 10.3   or placarded in accordance with Code of Federal Regulations, 
 10.4   title 49, section 172.504, incorporated by reference in section 
 10.5   221.033.  Code of Federal Regulations, title 49, part 397, is 
 10.6   incorporated by reference, except that sections 397.1 to 397.3 
 10.7   of that part are not incorporated.  A petroleum transport driver 
 10.8   shall not park on a public street adjacent to a bridge, tunnel, 
 10.9   dwelling, building, or place where persons work, congregate, or 
 10.10  assemble, except when necessary to unload. 
 10.11     Sec. 13.  Minnesota Statutes 1996, section 221.0355, 
 10.12  subdivision 5, is amended to read: 
 10.13     Subd. 5.  [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 
 10.14  with its principal place of business in Minnesota or who 
 10.15  designates Minnesota as its base state shall file a disclosure 
 10.16  statement with and obtain a permit from the commissioner that 
 10.17  specifically authorizes the transportation of hazardous waste 
 10.18  before transporting a hazardous waste in Minnesota.  A carrier 
 10.19  that designates another participating state as its base state 
 10.20  shall file a disclosure statement with and obtain a permit from 
 10.21  that state that specifically authorizes the transportation of 
 10.22  hazardous waste before transporting a hazardous waste in 
 10.23  Minnesota.  A registration is valid for one year from the date a 
 10.24  notice of registration form is issued and a permit is valid for 
 10.25  three years from the date issued or until a carrier fails to 
 10.26  renew its registration, whichever occurs first. 
 10.27     (b) A disclosure statement must include the information 
 10.28  contained in part III of the uniform application.  A person who 
 10.29  has direct management responsibility for a carrier's hazardous 
 10.30  waste transportation operations shall submit a full set of the 
 10.31  person's fingerprints, with the carrier's disclosure statement, 
 10.32  for identification purposes and to enable the commissioner to 
 10.33  determine whether the person has a criminal record.  The 
 10.34  commissioner shall send the person's fingerprints to the Federal 
 10.35  Bureau of Investigation and shall request the bureau to conduct 
 10.36  a check of the person's criminal record.  The commissioner shall 
 11.1   not issue a notice of registration or permit to a hazardous 
 11.2   waste transporter who has not made a full and accurate 
 11.3   disclosure of the required information or paid the fees required 
 11.4   by this subdivision.  Making a materially false or misleading 
 11.5   statement in a disclosure statement is prohibited. 
 11.6      (c) The commissioner shall assess a carrier the actual 
 11.7   costs incurred by the commissioner for conducting the uniform 
 11.8   program's required investigation of the information contained in 
 11.9   a disclosure statement. 
 11.10     (d) A permit under this subdivision becomes a license under 
 11.11  section 221.035, subdivision 1, on August 1, 1997 1998, and is 
 11.12  subject to the provisions of section 221.035 until it expires. 
 11.13     Sec. 14.  Minnesota Statutes 1996, section 221.0355, 
 11.14  subdivision 15, is amended to read: 
 11.15     Subd. 15.  [HAZARDOUS WASTE LICENSES.] (a) From October 1, 
 11.16  1994, until August 1, 1997 1998, the commissioner shall not 
 11.17  register hazardous material transporters under section 221.0335 
 11.18  or license hazardous waste transporters under section 221.035.  
 11.19  A person who is licensed under section 221.035 need not obtain a 
 11.20  permit under subdivision 4 or 5 for the transportation of 
 11.21  hazardous waste in Minnesota, until the person's license has 
 11.22  expired.  A carrier wishing to transport hazardous waste in 
 11.23  another participating state shall obtain a permit under the 
 11.24  uniform program authorizing the transportation. 
 11.25     (b) The commissioner may refund fees paid under section 
 11.26  221.035, minus a proportional amount calculated on a monthly 
 11.27  basis for each month that a hazardous waste transporter license 
 11.28  was valid, to a person who was issued a hazardous waste 
 11.29  transporter license after May 5, 1994, who applied for a permit 
 11.30  authorizing the transportation of hazardous waste under 
 11.31  subdivisions 4 and 5 before October 1, 1994, and who was 
 11.32  subsequently issued that permit under the uniform program. 
 11.33     Sec. 15.  [221.173] [ELECTRONIC SIGNATURES.] 
 11.34     (a) The commissioner may accept in lieu of a required 
 11.35  document completed on paper, an electronically transmitted 
 11.36  document authenticated by an electronic signature.  
 12.1      (b) The commissioner shall consult with the commissioner of 
 12.2   administration, who shall provide advice and assistance in 
 12.3   establishing criteria and standards for authentication of 
 12.4   electronic signatures and establishing to a reasonable certainty 
 12.5   the validity, security, and linkage of a specific, unaltered, 
 12.6   electronically transmitted document, its unforged signature, and 
 12.7   its authorized signer.  
 12.8      (c) The commissioner may determine the technology or system 
 12.9   to be used, which may include a private key/public key system, 
 12.10  an encrypted or cryptology-based system, a pen-based, on-screen 
 12.11  signature system that captures and verifies an autograph and 
 12.12  links it to a specific document, or other system or technology 
 12.13  or combination of systems.  
 12.14     (d) To the extent consistent with this section, laws and 
 12.15  rules pertaining to paper-based documents also pertain to 
 12.16  electronically transmitted documents. 
 12.17     Sec. 16.  Minnesota Statutes 1996, section 221.221, 
 12.18  subdivision 2, is amended to read: 
 12.19     Subd. 2.  [POLICE OFFICER ENFORCEMENT POWERS.] 
 12.20  Transportation representatives program specialists and hazardous 
 12.21  material program specialists of the department, for the purpose 
 12.22  of enforcing the provisions of this chapter, sections 169.781 to 
 12.23  169.783 relating to commercial vehicle inspections, and section 
 12.24  296.17, subdivisions 10 and 17, relating to motor carrier 
 12.25  licenses and trip permits, and the applicable rules, orders, or 
 12.26  directives of the commissioner, the commissioner of revenue, and 
 12.27  the board issued under this chapter and chapter 296, but for no 
 12.28  other purpose, have the powers conferred by law upon police 
 12.29  officers.  The powers include the authority to conduct 
 12.30  inspections at designated highway weigh stations or under other 
 12.31  appropriate circumstances. 
 12.32     Sec. 17.  Minnesota Statutes 1996, section 221.221, 
 12.33  subdivision 4, is amended to read: 
 12.34     Subd. 4.  [INSPECTION OF DOCUMENTS.] Records, log books, 
 12.35  certificates, licenses, shipping documents, or other papers or 
 12.36  documents required to be maintained in the carrier's files or in 
 13.1   vehicles subject to determine compliance with this chapter and 
 13.2   rules adopted under this chapter, must be presented for 
 13.3   inspection, upon request, to a peace officer or police officer 
 13.4   or other person empowered to enforce the provisions of this 
 13.5   chapter.  
 13.6      Sec. 18.  [221.86] [PARTIAL IMMUNITY FOR MOTOR CARRIER 
 13.7   EMPLOYERS.] 
 13.8      A motor carrier employer that discloses information in good 
 13.9   faith about a present or former employee in response to a 
 13.10  request pursuant to Code of Federal Regulations, title 49, 
 13.11  section 382.413, is immune from civil liability, except in cases 
 13.12  of knowing disclosure of false information or negligence, for 
 13.13  the disclosure and the consequences proximately caused by the 
 13.14  disclosure, provided that: 
 13.15     (1) the employer has and observes a written testing policy 
 13.16  and procedure which complies with federal and state laws; 
 13.17     (2) the employer uses a certified laboratory and lawful 
 13.18  test procedures; 
 13.19     (3) the employer sends the information to the prospective 
 13.20  employer who has requested the information, on a request and 
 13.21  authorization form signed by the employee; and 
 13.22     (4) the employer sends only information on the employee for 
 13.23  whom the information was requested, that: 
 13.24     (i) shows whether or not, during the preceding two years, 
 13.25  the employee tested 0.04 or greater alcohol concentration, 
 13.26  tested positive on a verified test for the presence of 
 13.27  controlled substances, or refused to be tested for alcohol or 
 13.28  controlled substances; 
 13.29     (ii) states the dates of any tests listed in item (i); and 
 13.30     (iii) includes any and all information on confirmatory 
 13.31  tests requested by the employee. 
 13.32     Sec. 19.  Minnesota Statutes 1996, section 296.17, 
 13.33  subdivision 18, is amended to read: 
 13.34     Subd. 18.  [COOPERATIVE AUDITS.] The commissioner may make 
 13.35  arrangements with the commissioner of transportation and may 
 13.36  enter into agreements with the appropriate authorities of other 
 14.1   states having statutes similar to this act for the cooperative 
 14.2   audit of motor carriers' reports and returns.  In performing any 
 14.3   such audit, or part thereof, the officers and employees of 
 14.4   the department of transportation and the other state or states 
 14.5   shall be deemed authorized agents of this state for such 
 14.6   purpose, and such audits, or parts thereof, shall have the same 
 14.7   effect as similar audits, or parts thereof, when made by the 
 14.8   commissioner. 
 14.9      Sec. 20.  Minnesota Statutes 1996, section 296.171, 
 14.10  subdivision 4, is amended to read: 
 14.11     Subd. 4.  [EXCHANGES OF INFORMATION.] The commissioner of 
 14.12  public safety may make arrangements or agreements with the 
 14.13  commissioner of transportation and other states to exchange 
 14.14  information for audit and enforcement activities in connection 
 14.15  with fuel tax licensing.  The filing of fuel tax returns under 
 14.16  this section is subject to the rights, terms, and conditions 
 14.17  granted or contained in the applicable agreement or arrangement 
 14.18  made by the commissioner under the authority of this section. 
 14.19     Sec. 21.  Minnesota Statutes 1996, section 299D.06, is 
 14.20  amended to read: 
 14.21     299D.06 [INSPECTIONS; WEIGHING.] 
 14.22     (a) Department personnel must be classified employees 
 14.23  assigned to the division of state patrol if they are employed to 
 14.24  enforce the: 
 14.25     (1) laws relating to motor vehicle equipment,; school bus 
 14.26  equipment,; drivers license, drivers' licenses; motor vehicle 
 14.27  registration,; motor vehicle size and weight,; motor carrier 
 14.28  insurance, registration, and safety; and motor vehicle petroleum 
 14.29  tax, to enforce public utilities commission rules relating to 
 14.30  motor carriers, to enforce taxes; 
 14.31     (2) pollution control agency rules relating to motor 
 14.32  vehicle noise abatement,; and to enforce 
 14.33     (3) laws relating to directing the movement of vehicles 
 14.34  shall be classified employees of the commissioner of public 
 14.35  safety assigned to the division of state patrol.  
 14.36     (b) Employees engaged in these duties, while actually on 
 15.1   the job during their working hours only, shall have power to: 
 15.2      (1) issue citations in lieu of arrest and continued 
 15.3   detention; and to 
 15.4      (2) prepare notices to appear in court for violation of 
 15.5   these laws and rules, in the manner provided in section 169.91, 
 15.6   subdivision 3. 
 15.7   They shall not be armed and, except as provided in this section, 
 15.8   shall have none of the other powers and privileges reserved to 
 15.9   peace officers including the power to enforce traffic laws and 
 15.10  regulations. 
 15.11     Sec. 22.  Laws 1994, chapter 589, section 8, as amended by 
 15.12  Laws 1996, chapter 455, article 3, section 33, is amended to 
 15.13  read: 
 15.14     Sec. 8.  [REPEALER.] 
 15.15     Minnesota Statutes 1992, section 221.033, subdivision 4, is 
 15.16  repealed.  Section 5 is repealed effective August 1, 1997 1998. 
 15.17     Sec. 23.  [HAZARDOUS WASTE TRANSPORTER LICENSING.] 
 15.18     Unless, before Congress adjourns in 1997, Congress 
 15.19  specifically reauthorizes the uniform hazardous materials permit 
 15.20  program created in the Hazardous Materials Transportation 
 15.21  Uniform Safety Act of 1990, United States Code, title 49 
 15.22  appendix, sections 18-19, subsection (c), the commissioner shall 
 15.23  stop registering and permitting hazardous material and hazardous 
 15.24  waste transporters on the date Congress adjourns in 1997, and 
 15.25  shall revert to licensing hazardous waste transporters under 
 15.26  Minnesota Statutes, section 221.0335.  A permit under Minnesota 
 15.27  Statutes, section 221.0355, becomes a hazardous waste 
 15.28  transporter license under Minnesota Statutes, section 221.0335.