5th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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5th Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to transportation; abolishing transportation 1.3 regulation board and transferring duties and powers to 1.4 commissioners of public service and transportation; 1.5 modifying laws governing motor carriers; clarifying 1.6 definition of warehouse operator; making technical 1.7 changes; appropriating money; amending Minnesota 1.8 Statutes 1994, sections 168.013, subdivision 1e; 1.9 218.031, subdivisions 1 and 2; 218.041, subdivision 5; 1.10 221.011, subdivisions 7, 8, 9, 14, and by adding 1.11 subdivisions; 221.021; 221.025; 221.051, by adding a 1.12 subdivision; 221.071, subdivision 2; 221.111; 221.124, 1.13 subdivision 2; 221.141, subdivision 1; 221.161, 1.14 subdivision 1; 221.171, subdivision 1; 221.172, 1.15 subdivisions 3 and 9; 221.185, subdivisions 1, 2, 4, 1.16 and 9; 221.281; 221.291, subdivision 4; and 231.01, 1.17 subdivision 5; Minnesota Statutes 1995 Supplement, 1.18 sections 15A.081, subdivision 1; 221.131, subdivision 1.19 3; and 221.132; proposing coding for new law in 1.20 Minnesota Statutes, chapters 216A; and 221; repealing 1.21 Minnesota Statutes 1994, sections 174A.01; 174A.02; 1.22 174A.03; 174A.04; 174A.05; 174A.06; 218.011, 1.23 subdivision 7; 218.021; 218.025; 218.031, subdivision 1.24 7; 218.041, subdivision 7; 221.011, subdivisions 2b, 1.25 10, 12, 24, 25, 28, 35, 36, 38, 39, 40, 41, and 46; 1.26 221.072; 221.101; 221.121, subdivisions 3, 5, 6, 6c, 1.27 6d, 6e, 6f, and 6g; 221.151, subdivision 3; 221.152; 1.28 221.153; 221.172, subdivisions 4, 5, 6, 7, and 8; 1.29 221.296; 221.54; and 221.55. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 Section 1. Minnesota Statutes 1995 Supplement, section 1.32 15A.081, subdivision 1, is amended to read: 1.33 Subdivision 1. [SALARY RANGES.] The governor shall set the 1.34 salary rate within the ranges listed below for positions 1.35 specified in this subdivision, upon approval of the legislative 1.36 coordinating commission and the legislature as provided by 1.37 section 3.855: 2.1 Salary Range 2.2 $57,500-$78,500 2.3 Commissioner of finance; 2.4 Commissioner of children, families, and learning; 2.5 Commissioner of transportation; 2.6 Commissioner of human services; 2.7 Commissioner of revenue; 2.8 Commissioner of public safety; 2.9 Executive director, state board of investment; 2.10 $50,000-$67,500 2.11 Commissioner of administration; 2.12 Commissioner of agriculture; 2.13 Commissioner of commerce; 2.14 Commissioner of corrections; 2.15 Commissioner of economic security; 2.16 Commissioner of employee relations; 2.17 Commissioner of health; 2.18 Commissioner of labor and industry; 2.19 Commissioner of natural resources; 2.20 Commissioner of trade and economic development; 2.21 Chief administrative law judge; office of administrative 2.22 hearings; 2.23 Commissioner, pollution control agency; 2.24 Director, office of environmental assistance; 2.25 Commissioner, housing finance agency; 2.26 Executive director, public employees retirement 2.27 association; 2.28 Executive director, teacher's retirement association; 2.29 Executive director, state retirement system; 2.30 $42,500-$60,000 2.31 Commissioner of human rights; 2.32 Commissioner, department of public service; 2.33 Commissioner of veterans affairs; 2.34 Commissioner, bureau of mediation services; 2.35 Commissioner, public utilities commission; 2.36Member, transportation regulation board;3.1 Ombudsman for corrections; 3.2 Ombudsman for mental health and retardation. 3.3 Sec. 2. Minnesota Statutes 1994, section 168.013, 3.4 subdivision 1e, is amended to read: 3.5 Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 3.6 trucks and tractors except those in this chapter defined as farm 3.7 trucks, on truck-tractor and semitrailer combinations except 3.8 those defined as farm combinations, and on commercial zone 3.9 vehicles, the tax based on total gross weight shall be graduated 3.10 according to the Minnesota base rate schedule prescribed in this 3.11 subdivision, but in no event less than $120. 3.12 Minnesota Base Rate Schedule 3.13 Scheduled taxes include five percent 3.14 surtax provided for in subdivision 14 3.15 TOTAL GROSS WEIGHT 3.16 IN POUNDS TAX 3.17 A 0 - 1,500 $ 15 3.18 B 1,501 - 3,000 20 3.19 C 3,001 - 4,500 25 3.20 D 4,501 - 6,000 35 3.21 E 6,001 - 9,000 45 3.22 F 9,001 - 12,000 70 3.23 G 12,001 - 15,000 105 3.24 H 15,001 - 18,000 145 3.25 I 18,001 - 21,000 190 3.26 J 21,001 - 26,000 270 3.27 K 26,001 - 33,000 360 3.28 L 33,001 - 39,000 475 3.29 M 39,001 - 45,000 595 3.30 N 45,001 - 51,000 715 3.31 O 51,001 - 57,000 865 3.32 P 57,001 - 63,000 1015 3.33 Q 63,001 - 69,000 1185 3.34 R 69,001 - 73,280 1325 3.35 S 73,281 - 78,000 1595 3.36 T 78,001 - 81,000 1760 4.1 For purposes of the Minnesota base rate schedule, for 4.2 vehicles with six or more axles in the "S" and "T" categories, 4.3 the base rates are $1,520 and $1,620 respectively. 4.4 For each vehicle with a gross weight in excess of 81,000 4.5 pounds an additional tax of $50 is imposed for each ton or 4.6 fraction thereof in excess of 81,000 pounds, subject to 4.7 subdivision 12. 4.8 Truck-tractors except those herein defined as farm and 4.9 commercial zone vehicles shall be taxed in accord with the 4.10 foregoing gross weight tax schedule on the basis of the combined 4.11 gross weight of the truck-tractor and any semitrailer or 4.12 semitrailers which the applicant proposes to combine with the 4.13 truck-tractor. 4.14 Commercial zone trucks include only trucks, truck-tractors, 4.15 and semitrailer combinations which are: 4.16 (1) used byan authorizeda local cartage carrieroperating4.17under a permit issued under section 221.296 andwhose gross 4.18 transportation revenue consists of at least 60 percent obtained 4.19 solely from local cartage carriage, and are operated solely 4.20 within an area composed of two contiguous cities of the first 4.21 class and municipalities contiguous thereto as defined by 4.22 section 221.011, subdivision 17; or, 4.23 (2) operated by an interstate carrier registered under 4.24 section 221.60, or by an authorized local cartage carrier or 4.25 other carrier receiving operating authority under chapter 221, 4.26 and operated solely within a zone exempt from regulation by the 4.27 interstate commerce commission pursuant to United States Code, 4.28 title 49, section 10526(b). 4.29 The license plates issued for commercial zone vehicles 4.30 shall be plainly marked. A person operating a commercial zone 4.31 vehicle outside the zone or area in which its operation is 4.32 authorized is guilty of a misdemeanor and, in addition to the 4.33 penalty therefor, shall have the registration of the vehicle as 4.34 a commercial zone vehicle revoked by the registrar and shall be 4.35 required to reregister the vehicle at 100 percent of the full 4.36 annual tax prescribed in the Minnesota base rate schedule, and 5.1 no part of this tax shall be refunded during the balance of the 5.2 registration year. 5.3 On commercial zone trucks the tax shall be based on the 5.4 total gross weight of the vehicle and during each of the first 5.5 eight years of vehicle life shall be 75 percent of the Minnesota 5.6 base rate schedule. During the ninth and succeeding years of 5.7 vehicle life the tax shall be 50 percent of the Minnesota base 5.8 rate schedule. 5.9 On trucks, truck-tractors and semitrailer combinations, 5.10 except those defined as farm trucks and farm combinations, and 5.11 except for those commercial zone vehicles specifically provided 5.12 for in this subdivision, the tax for each of the first eight 5.13 years of vehicle life shall be 100 percent of the tax imposed in 5.14 the Minnesota base rate schedule, and during the ninth and 5.15 succeeding years of vehicle life, the tax shall be 75 percent of 5.16 the Minnesota base rate prescribed by this subdivision. 5.17 Sec. 3. [216A.10] [COMMISSIONER; FUNCTIONS AND POWERS; 5.18 MOTOR AND RAIL CARRIERS.] 5.19 Subdivision 1. [POWERS GENERALLY.] For the purpose of 5.20 implementing the provisions of chapters 218, 219, 221 and 222, 5.21 the functions of the commissioner shall be legislative and 5.22 quasi-judicial in nature. The commissioner may make such 5.23 investigations and determinations, hold such hearings, prescribe 5.24 such rules and issue such orders with respect to the control and 5.25 conduct of the businesses coming within the commissioner's 5.26 jurisdiction as the legislature itself might make but only as it 5.27 shall from time to time authorize. 5.28 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] The commissioner 5.29 shall further hold hearings and issue orders in cases brought 5.30 before the commissioner by either the commissioner of 5.31 transportation or by a third party in the following areas: 5.32 (a) Adequacy of services which carriers are providing to 5.33 the public, including the continuation, termination or 5.34 modification of services or facilities. 5.35 (b) The reasonableness of tariff of rates, fares, and 5.36 charges, or a part or classification thereof. The commissioner 6.1 may authorize motor carriers for hire to file tariffs of rates, 6.2 fares, and charges, individually or by group. Carriers 6.3 participating in group rate making have the free and 6.4 unrestrained right to take independent action either before or 6.5 after a determination arrived at through such procedure. 6.6 (c) The issuing of franchises, permits or certificates of 6.7 convenience and necessity. 6.8 Subd. 3. [SUBPOENA POWER.] The commissioner shall have 6.9 subpoena power for the purpose of implementing chapters 218, 6.10 219, 221 and 222. 6.11 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 6.12 within its jurisdiction the commissioner shall receive, hear and 6.13 determine all petitions filed with the commissioner in 6.14 accordance with the procedures established by law and may hold 6.15 hearings and make determinations upon its own motion to the same 6.16 extent, and in every instance, in which it may do so upon 6.17 petition. Upon receiving petitions filed pursuant to sections 6.18 221.061, 221.081, 221.121, subdivision 1, 221.151, and 221.55, 6.19 the commissioner shall give notice of the filing of the petition 6.20 to representatives of associations or other interested groups or 6.21 persons who have registered their names with the commissioner 6.22 for that purpose and to whomever the commissioner deems to be 6.23 interested in the petition. The commissioner may grant or deny 6.24 the request of the petition 30 days after notice of the filing 6.25 has been fully given. If the commissioner receives a written 6.26 objection and notice of intent to appear at a hearing to object 6.27 to the petition filed from any person within 20 days of the 6.28 notice having been fully given, the request of the petition 6.29 shall be granted or denied only after a contested case hearing 6.30 has been conducted on the petition, unless the objection is 6.31 withdrawn prior to the hearing. The commissioner may elect to 6.32 hold a contested case hearing if no objections are received. If 6.33 a timely objection is not received, or if received and 6.34 withdrawn, and the request of the petition is denied without 6.35 hearing, the petitioner may request within 30 days of receiving 6.36 the notice of denial, and shall be granted, a contested case 7.1 hearing on the petition. 7.2 Subd. 5. [OPERATION WITH REGARD TO FEDERAL LAW.] The 7.3 commissioner is authorized to: 7.4 (a) Appear before the United States Department of 7.5 Transportation and press a petition, whether or not filed by a 7.6 resident of this state, charging a motor carrier or rail carrier 7.7 with a violation of the Interstate Commerce Act of the United 7.8 States, whenever the commissioner deems the matter to be in the 7.9 public interest. 7.10 (b) To cooperate with all federal agencies for the purpose 7.11 of harmonizing state and federal regulations within the state to 7.12 the extent and in the manner advisable. 7.13 (c) To conduct joint hearings with any federal agency or 7.14 commission when the commissioner considers such participation 7.15 advisable and in the interest of the people of this state. 7.16 Sec. 4. [216A.11] [DEPARTMENT; ACTIONS.] 7.17 The department of public service may sue or be sued in 7.18 connection with the actions taken pursuant to chapters 218, 219, 7.19 221 and 222. 7.20 Sec. 5. [216A.12] [HEARINGS.] 7.21 All hearings required to be conducted by the commissioner 7.22 shall be conducted pursuant to sections 14.001 to 14.69. 7.23 Sec. 6. [216A.13] [APPEALS.] 7.24 An appeal from an order of the commissioner shall be in 7.25 accordance with chapter 14. 7.26 Sec. 7. [216A.14] [CONTINUATION OF RULES.] 7.27 Orders and directives heretofore in force, adopted, issued 7.28 or promulgated by the public service commission, public 7.29 utilities commission, the department of transportation or the 7.30 transportation regulation board under authority of chapters 7.31 174A, 218, 219, 221 and 222 are transferred to the department of 7.32 public service and remain and continue in force and effect until 7.33 repealed, modified, or superseded by duly authorized orders or 7.34 directives of the commissioner. The commissioner shall review 7.35 the transferred rules, orders, and directives and, when 7.36 appropriate, develop, and adopt new rules, orders or directives 8.1 within 18 months of July 1, 1996. 8.2 Sec. 8. Minnesota Statutes 1994, section 218.031, 8.3 subdivision 1, is amended to read: 8.4 Subdivision 1. [NOTICE, COMPLIANCE, FREIGHT TRANSFER, 8.5 FACILITIES, RECORDS, ACCOUNTING.] Except as otherwise directed 8.6 or authorized, it shall be the duty of every common carrier: 8.7 (1)To prescribe in the first instance, and to publish upon8.8not less than 20 days' public notice in the case of new or8.9increased rates or ten days' public notice in the case of8.10reduced rates, in such manner as may be required by the8.11commissioner and law, all schedules of rates and charges and8.12classifications thereof, together with the rules governing the8.13same, and minimum weights for transportation of freight articles8.14between points or stations in the state, and terminal and8.15switching charges. A new or changed contract rate shall become8.16effective in accordance with the provisions of United States8.17Code, title 49, section 10713. The board may, for good cause,8.18reduce the notice period specified in this clause.8.19(2)to comply with every duly authorized rule or directive 8.20 of the commissioneror boardexcept as the same may be stayed, 8.21 pending appeal therefrom.; 8.22(3) To put into effect and observe all schedules of rates8.23and charges and classifications and any amendments or changes8.24therein duly ordered by the board, except as the same may be8.25stayed, pending appeal.8.26(4) To maintain as may be directed by the commissioner for8.27public inspection at stations and depots all schedules showing8.28all classifications, rates and charges for transportation of8.29freight currently in force applying from such station. Such8.30schedules shall state the places between which property will be8.31carried and show the classification of freight, the distance8.32tariff, a table of distances between stations, any terminal8.33charges and any rules in any way affecting the aggregate of such8.34rates and charges.8.35(5) Upon request of an owner or consignor of freight to the8.36initial company, whenever the initial line does not reach the9.1place of destination, or the distance from the place of origin9.2to destination may be shortened, to transfer such freight to a9.3connecting line without change in cars if in carload lots,9.4except such change be free of charge to the shipper and9.5receiver; and to transfer with or without change in cars of less9.6than carload lots at a reasonable joint through rate agreed upon9.7by the connecting carriers or prescribed by the board, not9.8greater than the maximum rates allowed by law, provided any9.9unloading and reloading which is necessary shall be at cost and9.10the charge for such transfer included in the joint rate.9.11(6) To provide the same switching, transfer and handling9.12facilities for local as for interstate traffic.9.13(7) Upon written demand of the owner, to construct,9.14maintain and operate side tracks and reasonable facilities9.15connecting with any grain warehouse, dock, wharf, mill, coal9.16yard, quarry, brick or lime kiln, sand or gravel pit, crushed9.17rock or concrete plant or manufactory as may be required by the9.18board, and on such terms as may be agreed upon, or, on failure9.19of agreement, as may be prescribed by the board.9.20(8)(2) to issue receipts or bills of lading covering all 9.21 property received for transportation from any point in the state 9.22 to any other point in the state, and to respond for any loss, 9.23 damage or injury tosuchthe property caused by it or any 9.24 carrier to whomsuchthe property may be delivered or over whose 9.25 line it may pass.; and 9.26(9) To refund all overcharges for freight, baggage or9.27express, and pay for any loss, damage or injury to property9.28while in its possession, within 90 days after the filing of a9.29claim for such overcharge, loss or damage.9.30(10)(3) to keep its accounts so as to show, as far as 9.31 practicable, the earnings derived from, and the expenses 9.32 incurred in, handling intrastate business insucha form as the 9.33 commissioner shall prescribe, including the separation of 9.34 accounts for each operating division, wholly or partly within 9.35 the state.SuchThese accountsshallmust show: 9.36 (i) the total cost of operating through trains and the 10.1 total cost of operating the local or distributing trains of each 10.2 operating division, wholly or partly within the state, during 10.3 the fiscal year to be fixed by the commissioner,; 10.4 (ii) the total number of tons of revenue and nonrevenue 10.5 freight,; 10.6 (iii) the number of tons of each carried one mile on the 10.7 through trains and on the local trains, respectively,; 10.8 (iv) the number of tons and ton miles of revenue and 10.9 nonrevenue freight carried on through or local trainswhichthat 10.10 are exclusively intrastate, and; 10.11 (v) the gross tons and ton miles made by through and local 10.12 trains on each division. The accounts shall show; 10.13 (vi) the total revenue and nonrevenue train and engine 10.14 milesand; 10.15 (vii) the total revenue and nonrevenue car miles(, which 10.16 are the nonrevenue car miles to be shown loaded and empty 10.17 separately), produced bysuchthat railroad in the state in each 10.18 operating division,; 10.19 (viii) the number of each of the above train, engine, and 10.20 car mileage produced in handling the through trains and in 10.21 handling the local trains,; 10.22 (ix) the total locomotive miles produced in switching on 10.23 each division; andsuch10.24 (x) further information related to the income or cost of 10.25 intrastate business as the commissioner may require. The 10.26 commissioner may requiresuchthese accounts to be kept with 10.27 reference to the intrastate passenger business of each carrier 10.28 and the train, car, and engine mileage incurred insuchits 10.29 business in this state as the commissioner maydeemconsider 10.30 necessary. 10.31(11) During pendency of any litigation, when rates10.32prescribed by the board have not been put into effect, to keep a10.33correct account of every charge made by it for any services to10.34which such rates apply in excess of the rates prescribed,10.35showing in each case the difference between the amount actually10.36charged and the amount allowed to be charged, the date of the11.1transaction, the stations between which the business was carried11.2and the names and addresses of the consignor and consignee, and11.3to report such information in full to the board on its request.11.4 Sec. 9. Minnesota Statutes 1994, section 218.031, 11.5 subdivision 2, is amended to read: 11.6 Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every 11.7 common carrier shall furnish to the commissioner: 11.8 (1)All schedules of rates, fares and charges, every part11.9and classification thereof, together with minimum weights and11.10rules with respect thereto, and any and all amendments,11.11modifications or changes therein.11.12(2)all information duly required in blanks and forms 11.13 furnished by the commissioner.; 11.14(3)(2) a copy of all annual reports and valuation data 11.15 furnished to the Interstate Commerce Commission not later than 11.16 June 30th, covering the preceding calendar year, together with 11.17 any additional information regarding valuation of its properties 11.18 requested by the commissioner.; and 11.19(4)(3) a report of accidents, wrecks, and casualties 11.20 occurring in this state insuchthe mannerand, form, andat11.21suchtimesasprescribed by the commissioner. All such, 11.22 provided that reports administered by the department of public 11.23 safetyshallmust be received and administered in accordance 11.24 withthe provisions ofsection 169.09, subdivision 13.and all 11.25 other reportsshallmust be open to public inspection butshall11.26 are notbeadmissible in evidence in any suit or action for 11.27 damages growing out ofsuchthe accident, wreck or casualty. 11.28(5) All tariff agreements or arrangements with other11.29carriers.11.30(6) All joint schedules of rates, fares or classifications.11.31 Sec. 10. Minnesota Statutes 1994, section 218.041, 11.32 subdivision 5, is amended to read: 11.33 Subd. 5. [COMMISSIONER'S DUTIES.] The commissioner shall: 11.34 (1) investigate and determine whether any common carriers 11.35 aregranting rebates or, in any other particular,failing to 11.36 comply with laws or with orders, rules, or directives of the 12.1 commissioneror the boardof transportation or commissioner of 12.2 public service; 12.3 (2) appear and press before theInterstate Commerce12.4CommissionUnited States Department of Transportation any 12.5 petition, whether filed by a resident of the state or otherwise, 12.6 charging any common carrier doing business in this state with 12.7 any violation of the Interstate Commerce Actof the United12.8States, whenever the departmentdeemsconsiders the matter to be 12.9 one of public interest; 12.10 (3) institute and prosecute all actions and proceedings in 12.11 the appropriate courts for the enforcement ofthe provisions of12.12 this chapter, or the orders, rules, and directives of the 12.13 commissionerand the board issued thereunder and any violations12.14thereofof transportation or commissioner of public service. 12.15 Sec. 11. Minnesota Statutes 1994, section 221.011, 12.16 subdivision 7, is amended to read: 12.17 Subd. 7. [CERTIFICATE.] "Certificate" means the 12.18 certificate of public convenience and necessity issued under 12.19 section 221.071 to a regular route common carrier of passengers,12.20a class I motor carrier, or a petroleum carrier. 12.21 Sec. 12. Minnesota Statutes 1994, section 221.011, 12.22 subdivision 8, is amended to read: 12.23 Subd. 8. [PERMIT.] "Permit" means the license,or 12.24 franchise, whichthat may be issued to motor carriers of 12.25 passengers, other than regular route common carriers of 12.26 passengers,class I common carriers, and petroleum carriers,or 12.27 household goods movers underthe provisions ofthis chapter, 12.28 authorizing the use of the highways of Minnesota for 12.29 transportation for hire. 12.30 Sec. 13. Minnesota Statutes 1994, section 221.011, 12.31 subdivision 9, is amended to read: 12.32 Subd. 9. [REGULAR ROUTE COMMON CARRIER OF PASSENGERS.] 12.33 "Regular route common carrier of passengers" means a person who 12.34 holds out to the public as willing, for hire, to transport 12.35 passengers by motor vehicle between fixed termini over a regular 12.36 route upon the public highways. 13.1 Sec. 14. Minnesota Statutes 1994, section 221.011, 13.2 subdivision 14, is amended to read: 13.3 Subd. 14. [PERMIT CARRIER.] "Permit carrier" means a 13.4 for-hire motor carrier of passengers or household goods mover 13.5 embraced within this chapter other than a regular route common 13.6carrierscarrier of passengers, class I carriers, and petroleum13.7carriers. 13.8 Sec. 15. Minnesota Statutes 1994, section 221.011, is 13.9 amended by adding a subdivision to read: 13.10 Subd. 47. [FOR-HIRE MOTOR CARRIER OF 13.11 PASSENGERS.] "For-hire motor carrier of passengers" means a 13.12 person engaged in the for-hire transportation of passengers, 13.13 other than a limousine operator subject to section 221.84, a 13.14 personal transportation service operator subject to section 13.15 221.85, or a taxicab regulated by a municipality pursuant to 13.16 section 412.22, subdivision 20, or 368.01, subdivision 12. 13.17 Sec. 16. Minnesota Statutes 1994, section 221.011, is 13.18 amended by adding a subdivision to read: 13.19 Subd. 48. [FOR-HIRE MOTOR CARRIER OF PROPERTY.] "For-hire 13.20 motor carrier of property" means a motor carrier or private 13.21 carrier that transports property for hire, other than household 13.22 goods, or holds out to the public to provide transportation for 13.23 hire of property, other than household goods, by motor vehicle 13.24 over the public highways. 13.25 Sec. 17. Minnesota Statutes 1994, section 221.011, is 13.26 amended by adding a subdivision to read: 13.27 Subd. 51. [OPERATING AUTHORITY.] "Operating authority" 13.28 means the certificate of registration, certificate, permit, 13.29 license, or other credential issued by the commissioner of 13.30 transportation or commissioner of public service that authorizes 13.31 the transportation of property or passengers under this chapter. 13.32 Sec. 18. Minnesota Statutes 1994, section 221.011, is 13.33 amended by adding a subdivision to read: 13.34 Subd. 52. [SAFETY RATING.] "Safety rating" means the 13.35 rating assigned by the Federal Highway Administration. 13.36 Sec. 19. Minnesota Statutes 1994, section 221.021, is 14.1 amended to read: 14.2 221.021 [OPERATION CERTIFICATE OR PERMITOPERATING 14.3 AUTHORITY REQUIRED.] 14.4No person may operate as a motor carrier or advertise or14.5otherwise hold out as a motor carrier without a certificate or14.6permit in effect.14.7 Subdivision 1. [SUSPENSION OR REVOCATION.] A certificate 14.8 or permit may be suspended or revoked upon conviction of 14.9 violating a provision ofsections 221.011 to 221.296this 14.10 chapter or an order or rule of the commissioneror boardof 14.11 transportation or commissioner of public service governing the 14.12 operation of motor carriers, and upon a finding by the court 14.13 that the violation was willful. Theboardcommissioner of 14.14 public service may, for good cause after a hearing, suspend or 14.15 revoke a certificate or permit for a violation ofa provision of14.16sections 221.011 to 221.296this chapter or an order issued or 14.17 rule adopted by the commissioneror boardof transportation or 14.18 commissioner of public service under this chapter. 14.19 Subd. 2. [REGULAR ROUTE COMMON CARRIER OF PASSENGERS.] No 14.20 person may advertise, hold out, or operate as a regular route 14.21 common carrier of passengers in intrastate commerce in Minnesota 14.22 without a certificate, issued by the commissioner of public 14.23 service under section 221.071, in effect. 14.24 Subd. 3. [FOR-HIRE MOTOR CARRIER OF PASSENGERS AND 14.25 HOUSEHOLD GOODS MOVER.] No person may advertise, hold out, or 14.26 operate as a for-hire motor carrier of passengers or household 14.27 goods mover in intrastate commerce in Minnesota without a 14.28 permit, issued by the commissioner of public service under 14.29 section 221.121, in effect. 14.30 Subd. 4. [FOR-HIRE MOTOR CARRIER OF PROPERTY.] No person 14.31 may advertise, hold out, or operate as a for-hire motor carrier 14.32 of property in intrastate commerce in Minnesota without a 14.33 current certificate of registration, issued by the commissioner 14.34 of transportation under section 221.135, in effect. 14.35 Sec. 20. Minnesota Statutes 1994, section 221.025, is 14.36 amended to read: 15.1 221.025 [EXEMPTIONS.] 15.2 The provisions of this chapter requiringa certificate or15.3permitoperating authority to operate as a motor carrier do not 15.4 apply to the intrastate transportation described below: 15.5 (a) the transportation of students to or from school or 15.6 school activities in a school bus inspected and certified under 15.7 section 169.451 and the transportation of children or parents to 15.8 or from a Head Start facility or Head Start activity in a Head 15.9 Start bus inspected and certified under section 169.451; 15.10 (b) the transportation of solid waste, as defined in 15.11 section 116.06, subdivision 22, including recyclable materials 15.12 and waste tires, except that the term "hazardous waste" has the 15.13 meaning given it in section 221.011, subdivision 31; 15.14 (c) a commuter van as defined in section 221.011, 15.15 subdivision 27; 15.16 (d) authorized emergency vehicles as defined in section 15.17 169.01, subdivision 5, including ambulances; and tow trucks 15.18 equipped with proper and legal warning devices when picking up 15.19 and transporting (1) disabled or wrecked motor vehicles or (2) 15.20 vehicles towed or transported under a towing order issued by a 15.21 public employee authorized to issue a towing order; 15.22 (e) the transportation of grain samples under conditions 15.23 prescribed by the board; 15.24 (f) the delivery of agricultural lime; 15.25 (g) the transportation of dirt and sod within an area 15.26 having a 50-mile radius from the home post office of the person 15.27 performing the transportation; 15.28 (h) the transportation of sand, gravel, bituminous asphalt 15.29 mix, concrete ready mix, concrete blocks or tile and the mortar 15.30 mix to be used with the concrete blocks or tile, or crushed rock 15.31 to or from the point of loading or a place of gathering within 15.32 an area having a 50-mile radius from that person's home post 15.33 office or a 50-mile radius from the site of construction or 15.34 maintenance of public roads and streets; 15.35 (i) the transportation of pulpwood, cordwood, mining 15.36 timber, poles, posts, decorator evergreens, wood chips, sawdust, 16.1 shavings, and bark from the place where the products are 16.2 produced to the point where they are to be used or shipped; 16.3 (j) the transportation of fresh vegetables from farms to 16.4 canneries or viner stations, from viner stations to canneries, 16.5 or from canneries to canneries during the harvesting, canning, 16.6 or packing season, or transporting sugar beets, wild rice, or 16.7 rutabagas from the field of production to the first place of 16.8 delivery or unloading, including a processing plant, warehouse, 16.9 or railroad siding; 16.10 (k) the transportation of property or freight, other than 16.11 household goods and petroleum products in bulk, entirely within 16.12 the corporate limits of a city or between contiguous cities 16.13 exceptas provided in section 221.296where the movement is 16.14 entirely within an area composed of two contiguous cities of the 16.15 first class and municipalities contiguous thereto; 16.16 (l) the transportation of unprocessed dairy products in 16.17 bulk within an area having a 100-mile radius from the home post 16.18 office of the person providing the transportation; 16.19 (m) the transportation of agricultural, horticultural, 16.20 dairy, livestock, or other farm products within an area having a 16.21 25-mile radius from the person's home post office and the 16.22 carrier may transport other commodities within the 25-mile 16.23 radius if the destination of each haul is a farm; 16.24 (n) passenger transportation service that is not charter 16.25 service and that is under contract to and with operating 16.26 assistance from the department or the metropolitan council; 16.27 (o) the transportation of newspapers, as defined in section 16.28 331A.01, subdivision 5, telephone books, handbills, circulars, 16.29 or pamphlets in a vehicle with a gross vehicle weight of 10,000 16.30 pounds or less; and 16.31 (p) transportation of potatoes from the field of 16.32 production, or a storage site owned or otherwise controlled by 16.33 the producer, to the first place of processing. 16.34 The exemptions provided in this section apply to a person 16.35 only while the person is exclusively engaged in exempt 16.36 transportation. 17.1 Sec. 21. Minnesota Statutes 1994, section 221.051, is 17.2 amended by adding a subdivision to read: 17.3 Subd. 1a. [TIME SCHEDULES.] No regular route common 17.4 carrier of passengers may alter or change its time schedules 17.5 except upon order of the commissioner of public service. The 17.6 order may be issued ex parte unless the commissioner of public 17.7 service decides that the public interest requires that a hearing 17.8 be held. 17.9 Sec. 22. [221.052] [INTERSTATE PASSENGER CARRIERS ENGAGED 17.10 IN INTRASTATE TRANSPORTATION OVER INTERSTATE ROUTES.] 17.11 Subdivision 1. [DEFINITION.] For purposes of this section, 17.12 "interstate passenger carrier" means an interstate motor common 17.13 carrier of passengers that performs intrastate transportation of 17.14 passengers over a route authorized by the United States 17.15 Secretary of Transportation pursuant to United States Code, 17.16 title 49, section 13902, subsection (b)(C)(3). 17.17 Subd. 2. [FILINGS.] Not later than 30 days after the date 17.18 on which an interstate passenger carrier first begins providing 17.19 intrastate transportation, the carrier shall take the following 17.20 actions: 17.21 (1) file a copy of the authority granted by the United 17.22 States Department of Transportation with the commissioner of 17.23 public service; and 17.24 (2) file its rates, fares, charges, time schedules, and 17.25 tariffs with the commissioner of transportation. Interstate 17.26 passenger carriers shall file all subsequent amendments to its 17.27 rates, fares, charges, time schedules, and tariffs with the 17.28 commissioner before the effective date of the amendments. 17.29 Subd. 3. [REGISTRATION.] An interstate passenger carrier 17.30 shall register as provided in section 221.602. 17.31 Subd. 4. [CHANGES IN TIME SCHEDULES.] An interstate 17.32 passenger carrier shall give the commissioner of transportation 17.33 notice of any time schedule changes involving intrastate 17.34 service. The notice must be provided not less than 30 days 17.35 before the effective date of the time schedule change unless the 17.36 period of time is reduced by permission of the commissioner of 18.1 public service. 18.2 Subd. 5. [ABANDONMENT, DISCONTINUANCE, OR REDUCTION OF 18.3 SERVICE.] An interstate passenger carrier shall not abandon or 18.4 discontinue any intrastate service, or reduce its level of 18.5 intrastate service to a level that is less than one trip per 18.6 day, excluding Saturdays and Sundays, without an order of the 18.7 commissioner of public service, except in cases of emergency or 18.8 conditions beyond its control. 18.9 Sec. 23. Minnesota Statutes 1994, section 221.071, 18.10 subdivision 2, is amended to read: 18.11 Subd. 2. [VEHICLE REGISTRATION.]CertificateRegular route 18.12 common carriers of passengers shall annually register each 18.13 vehicle as provided in section 221.131, subdivision 3. 18.14 Sec. 24. Minnesota Statutes 1994, section 221.111, is 18.15 amended to read: 18.16 221.111 [PERMITS TO OTHER MOTOR CARRIERS.] 18.17 Motor carriers other thancertificatedfor-hire motor 18.18 carriersand local cartageof property, regular route motor 18.19 carriers of passengers, personal transportation service 18.20 carriers, and limousine carriers, shall obtain a permit in 18.21 accordance with section 221.121. Theboardcommissioner of 18.22 public service shall issue onlythe following kinds of permits: 18.23 (1)class II-T permits;18.24(2) class II-L permits;18.25(3) livestock carrier permits;18.26(4) contract carrier permits;18.27(5)charter carrier permits; and 18.28(6) courier service carrier permits;18.29(7) local cartage carrier permits;18.30(8)(2) household goods mover permits;18.31(9) temperature-controlled commodities permits; and18.32(10) armored carrier permits. 18.33 Sec. 25. Minnesota Statutes 1994, section 221.124, 18.34 subdivision 2, is amended to read: 18.35 Subd. 2. [PARTICIPATION REQUIRED.] A motor carrier that 18.36 receivesa certificate or permitoperating authority from the 19.1boardcommissioner of public service for new authority on or 19.2 after September 1, 1991, shall participate in the initial motor 19.3 carrier contact program. A motor carrier required to 19.4 participate in the program must have in attendance at least one 19.5 motor carrier official having a substantial interest or control, 19.6 directly or indirectly, in or over the operations conducted or 19.7 to be conducted under thecertificate or permitoperating 19.8 authority. 19.9 Sec. 26. Minnesota Statutes 1995 Supplement, section 19.10 221.131, subdivision 3, is amended to read: 19.11 Subd. 3. [CERTIFICATE CARRIERSREGULAR ROUTE COMMON 19.12 CARRIER OF PASSENGERS; ANNUAL VEHICLE 19.13 REGISTRATION.]Certificated passengerRegular route common 19.14 carriers of passengers shall pay an annual registration fee of 19.15 $40 for each vehicle, including pickup and delivery vehicles, 19.16 operated during a calendar year. The commissioner shall issue 19.17 distinguishing identification cards as provided in subdivision 2. 19.18 Sec. 27. Minnesota Statutes 1995 Supplement, section 19.19 221.132, is amended to read: 19.20 221.132 [PREPAID TEMPORARY VEHICLE IDENTIFICATION CARDS.] 19.21 The commissioner may issue a prepaid temporary vehicle 19.22 identification card to a permit carrier orcertificate holder19.23 regular route common carrier of passengers subject to section 19.24 221.131, subdivision 2 or 3, for a fee of $5 per card. The card 19.25 must be preprinted by the commissioner with the carrier's name, 19.26 address, and permit or certificate number. The card may be used 19.27 by the motor carrier to whom it is issued to identify a vehicle 19.28 temporarily added to its fleet. The card must be executed by 19.29 the motor carrier by dating and signing the card and describing 19.30 the vehicle in which it will be carried. The identification 19.31 card is valid for a period of ten days from the date the motor 19.32 carrier places on the card when the card is executed. The card 19.33 must be used within one year from the date of issuance by the 19.34 commissioner. The card may not be used if the permit or 19.35 certificate is not in full force and effect. The card may not 19.36 be transferred. The commissioner may not refund the cost of 20.1 unused prepaid temporary vehicle identification cards. 20.2 Sec. 28. [221.135] [FOR-HIRE MOTOR CARRIERS OF PROPERTY.] 20.3 Subdivision 1. [SCOPE.] This section applies to for-hire 20.4 motor carriers of property. 20.5 Subd. 2. [REGISTRATION STATEMENT.] A person desiring to 20.6 operate as a for-hire motor carrier of property shall file and 20.7 complete an accurate registration statement with the 20.8 commissioner of transportation. A registration statement must 20.9 be on a form provided by the commissioner of transportation and 20.10 include: 20.11 (1) the registrant's name, including an assumed or 20.12 fictitious name used by the registrant in doing business; 20.13 (2) the registrant's mailing address and business telephone 20.14 number; 20.15 (3) the registrant's federal employer identification 20.16 number, Minnesota business identification number, and the 20.17 identification numbers, if any, assigned to the registrant by 20.18 the United States Department of Transportation, Federal Highway 20.19 Administration, or the Environmental Protection Agency; 20.20 (4) the name, title, and telephone number of the individual 20.21 who is principally responsible for the operation of the 20.22 registrant's transportation business; 20.23 (5) the principal location from which the registrant 20.24 conducts its transportation business and where the records 20.25 required by this chapter will be kept; 20.26 (6) if different from clause (5), the location in Minnesota 20.27 where the records required by this chapter will be available for 20.28 inspection and copying by the commissioner of transportation; 20.29 (7) whether the registrant transports hazardous materials 20.30 or hazardous waste; 20.31 (8) whether the registrant provides, or will be providing, 20.32 armored carrier service; 20.33 (9) whether the registrant's business is a corporation, 20.34 partnership, limited liability partnership, limited liability 20.35 company, or sole proprietorship; 20.36 (10) the names and addresses of the officers and 21.1 shareholders, if a corporation; 21.2 (11) if the registrant is a foreign corporation authorized 21.3 to transact business in Minnesota, the state of incorporation 21.4 and the name and address of its registered agent; and 21.5 (12) other information as the commissioner of 21.6 transportation may require. 21.7 Subd. 3. [SIGNATURE REQUIRED.] A registration statement 21.8 must bear the notarized signature of a corporate officer, 21.9 general partner, limited liability company board member, or sole 21.10 proprietor. 21.11 Subd. 4. [FEES.] The registrant shall pay a fee of $20 to 21.12 the commissioner of transportation for each registration 21.13 statement filed under this section. 21.14 Subd. 5. [CERTIFICATE OF REGISTRATION; ISSUANCE.] (a) The 21.15 commissioner of transportation shall issue a numbered 21.16 certificate of registration bearing an effective date to a 21.17 registrant who has filed a registration statement that complies 21.18 with subdivisions 2 and 3, and paid the required fee, if the 21.19 commissioner of transportation finds that the registrant: 21.20 (1) is willing and able to comply with this section and the 21.21 applicable rules of the commissioner of transportation; 21.22 (2) is willing and able to comply with any safety 21.23 regulations imposed by the commissioner of transportation, the 21.24 laws governing commercial drivers' licenses, and the safety and 21.25 hazardous materials regulations in sections 221.031 to 221.035; 21.26 and 21.27 (3) has complied with the financial responsibility 21.28 requirements in section 221.141. 21.29 (b) The commissioner of transportation shall consider and, 21.30 if applicable, make findings on any evidence demonstrating the 21.31 registrant's inability or failure to comply with the 21.32 requirements of paragraph (a). 21.33 (c) The commissioner of transportation shall not issue a 21.34 certificate of registration to a person if the commissioner of 21.35 transportation determines that a registrant does not meet the 21.36 requirements of paragraph (a), the registrant's conduct would 22.1 constitute grounds for suspension or revocation under 22.2 subdivision 7, or the registrant has an unsatisfactory safety 22.3 rating. 22.4 Subd. 6. [DURATION.] A certificate of registration, once 22.5 issued, continues in full force and effect until abandoned, 22.6 suspended, revoked, or canceled. 22.7 Subd. 7. [SUSPENSION; REVOCATION.] (a) The commissioner of 22.8 transportation shall suspend or revoke a certificate of 22.9 registration issued under this section if the commissioner of 22.10 transportation determines that a carrier provided materially 22.11 false or misleading information in its registration statement or 22.12 that a carrier's conduct constitutes a serious or repeated 22.13 violation of statutes or rules governing the transportation of 22.14 property, other than household goods. A person whose 22.15 certificate of registration is suspended or revoked may appeal 22.16 the commissioner's decision in a contested case proceeding under 22.17 chapter 14. 22.18 (b) The commissioner of transportation shall suspend a 22.19 certificate of registration without a hearing for failure to 22.20 maintain compliance with financial responsibility requirements 22.21 in section 221.141. The suspension continues until the 22.22 financial responsibility requirements are satisfied. 22.23 Subd. 8. [CERTIFICATE NOT ASSIGNABLE OR TRANSFERABLE.] A 22.24 certificate of registration issued under this section may not be 22.25 assigned or transferred. 22.26 Subd. 9. [OBLIGATION TO KEEP INFORMATION CURRENT.] A 22.27 registrant shall notify the commissioner of transportation in 22.28 writing of any change in the information described in 22.29 subdivision 2. 22.30 Sec. 29. Minnesota Statutes 1994, section 221.141, 22.31 subdivision 1, is amended to read: 22.32 Subdivision 1. [FINANCIAL RESPONSIBILITY OF CARRIERS.] No 22.33 motor carrier and no interstate carrier shall operate a vehicle 22.34 until it has obtained and has in effect the minimum amount of 22.35 financial responsibility required by this section. Policies of 22.36 insurance, surety bonds, other types of security, and 23.1 endorsements must be continuously in effect and must remain in 23.2 effect until canceled. Before providing transportation, the 23.3 motor carrier or interstate carrier shall secureand cause to23.4be, have filed with the commissioner of transportation, and 23.5 maintain in full effect,a certificate of insurance in a form 23.6 required by the commissioner, evidencingof transportation that 23.7 evidences public liability insurance in the amount prescribed. 23.8 The insurance must cover injuries and damage to persons or 23.9 property resulting from the operation or use of motor vehicles, 23.10 regardless of whether each vehicle is specifically described in 23.11 the policy. This insurance does not apply to injuries or death 23.12 to the employees of the motor carrier or to property being 23.13 transported by the carrier. The commissioner shall require 23.14 cargo insurance for certificated carriers, except those carrying 23.15 passengers exclusively.The commissioner may require a permit23.16carrier to file cargo insurance when the commissioner deems23.17necessary to protect the users of the service.23.18 Sec. 30. Minnesota Statutes 1994, section 221.161, 23.19 subdivision 1, is amended to read: 23.20 Subdivision 1. [FILING; HEARING UPONBOARDCOMMISSIONER 23.21 INITIATIVE; ARMORED CARRIER EXEMPTION.](a) Except as provided23.22in paragraph (b),A permit carrier,including a livestock23.23carrier but not including a local cartage carrier,excluding 23.24 personal transportation service carriers and limousine carriers, 23.25 shall file and maintain with the commissioner of transportation 23.26 a tariff showing rates and charges for transporting persons or 23.27 property. Tariffs must be prepared and filed in accordance with 23.28 the rules of the commissioner. When tariffs are filed in 23.29 accordance with the rules and accepted by the commissioner of 23.30 transportation, the filing constitutes notice to the public and 23.31 interested parties of the contents of the tariffs. The 23.32 commissioner of transportation shall not accept for filing 23.33 tariffs that are unjust, unreasonable, unjustly discriminatory, 23.34 unduly preferential or prejudicial, or otherwise in violation of 23.35 this section or rules adopted under this section. If the 23.36 tariffs appear to be unjust, unreasonable, unjustly 24.1 discriminatory, unduly preferential or prejudicial, or otherwise 24.2 in violation of this section or rules adopted under this 24.3 section, after notification and investigation by the 24.4 department of transportation, theboardcommissioner of public 24.5 service may suspend and postpone the effective date of the 24.6 tariffs and assign the tariffs for hearing upon notice to the 24.7 permit carrier filing the proposed tariffs and to other 24.8 interested parties, including users of the service and 24.9 competitive carriers by motor vehicle and rail. At the hearing, 24.10 the burden of proof is on the permit carrier filing the proposed 24.11 tariff to sustain the validity of the proposed schedule of rates 24.12 and charges.Tariffs for transporting livestock are not subject24.13to rejection, suspension, or postponement by the board, except24.14as provided in subdivisions 2 and 3.The tariffs and subsequent 24.15 supplements to them or reissues of them must state the effective 24.16 date, which may not be less than ten days following the date of 24.17 filing, unless the period of time is reduced by special 24.18 permission of the commissioner of public service. 24.19(b) A holder of an armored carrier permit is not required24.20to file a tariff under this subdivision for the service24.21authorized by the armored carrier permit.24.22 Sec. 31. Minnesota Statutes 1994, section 221.171, 24.23 subdivision 1, is amended to read: 24.24 Subdivision 1. [COMPENSATION FIXED BY SCHEDULES ON FILE.] 24.25 No permit carrier shall charge or receive a greater, lesser, or 24.26 different compensation forthe transportation oftransporting 24.27 persons orpropertyhousehold goods, or for related service, 24.28 than the rates and charges named in the carrier's schedule on 24.29 file and in effect with the commissioner of public service, 24.30 including any rate fixed by theboardcommissioner under section 24.31 221.161; nor shall a permit carrier refund or remit in any 24.32 manner or by any device, directly or indirectly, the rates and 24.33 charges required to be collected by the carrier under the 24.34 carrier's schedules or under the rates, if any, fixed by 24.35 theboardcommissioner of public service. 24.36 Sec. 32. Minnesota Statutes 1994, section 221.172, 25.1 subdivision 3, is amended to read: 25.2 Subd. 3. [CLASS I, CLASS II, AND TEMPERATURE-CONTROLLED25.3COMMODITIES CARRIERS;HOUSEHOLD GOODS MOVERS.] Aclass I25.4carrier, class II carrier,holder of a household goods mover,25.5and a holder of a temperature-controlled commoditiespermit 25.6 shall keep a record of each shipment transported under a 25.7 certificate or permit. A record may consist of one or more 25.8 documents, including a bill of lading, freight bill, manifest, 25.9 delivery receipt, or other document. If it consists of more 25.10 than one document, the documents constituting a shipment record 25.11 must be available for inspection together. A record must show 25.12 the: 25.13 (1) names of the consignor and consignee; 25.14 (2) date of shipment; 25.15 (3) origin and destination points; 25.16 (4)number of packages, if applicable to the rating of the25.17freight or if the carrier's operating authority includes a25.18package or article restriction, unless the shipment is25.19transported by a household goods mover;25.20(5)description of thefreightproperty being transported; 25.21(6)(5) weight, volume, or measurement of the 25.22freightproperty, if applicable to the rating of the freight or 25.23 if the carrier's operating authority includes a weight 25.24 restriction; 25.25(7)(6) exact rate or rates assessed; 25.26(8)(7) total charges due, including the nature and amount 25.27 of any charges for special service; and 25.28(9)(8) the name of each carrier participating in the 25.29 transportation; and25.30(10) after January 1, 1994, any terminals through which the25.31shipment moved. 25.32 Sec. 33. Minnesota Statutes 1994, section 221.172, 25.33 subdivision 9, is amended to read: 25.34 Subd. 9. [CHARTER TRANSPORTATION.] A charter carrier and a 25.35 regular route common carrier of passengers with incidental 25.36 charter operating authority shall keep a record of each charter 26.1 it provides under a charter carrier permit or a certificate. A 26.2 charter record may consist of one or more documents. If it 26.3 consists of more than one document, the documents constituting a 26.4 charter record must be available for inspection together. A 26.5 charter record must show the: 26.6 (1) name of the carrier; 26.7 (2) names of the payor and organization, if any, for which 26.8 the transportation is performed; 26.9 (3) date or dates the transportation was performed; 26.10 (4) origin, destination, and general routing of the trip; 26.11 (5) identification and seating capacity of each vehicle 26.12 requested or used; 26.13 (6) number of persons transported; 26.14 (7) mileage upon which charges are based, including any 26.15 deadhead mileage, separately noted; 26.16 (8) applicable rates per mile, hour, day, or other unit; 26.17 (9) itemized charges for the transportation, including 26.18 special services and fees; and 26.19 (10) total charges assessed and collected. 26.20 A charter carriermustshall use the same method of 26.21 computing its rates in billing for charter services as that 26.22 shown in its tariff on file with the commissioner of 26.23 transportation. 26.24 Sec. 34. Minnesota Statutes 1994, section 221.185, 26.25 subdivision 1, is amended to read: 26.26 Subdivision 1. [GROUNDS FOR SUSPENSION.] Despite the 26.27 provisions of section 221.021, operating authority to operate as 26.28 a motor carrier undersections 221.011 to 221.296this chapter 26.29 is suspended without a hearing, by order of the commissioner of 26.30 transportation, for a period not to exceed 45 days upon the 26.31 occurrence of any of the following and upon notice of suspension 26.32 as provided in subdivision 2: 26.33(a)(1) the motor carrier fails to maintain and file with 26.34 the commissioner, the insurance or bond required bysections26.35 section 221.141and 221.296and rules of the commissioner of 26.36 transportation; 27.1(b)(2) the motor carrier fails to renew permits as 27.2 required by section 221.131; or 27.3(c)(3) the motor carrier fails to pay annual vehicle 27.4 registration fees or renew permits as required by sections 27.5 221.071,and 221.131, and 221.296; or27.6(d) the motor carrier fails to maintain in good standing a27.7protective agent's or private detective's license required under27.8section 221.121, subdivision 6g, paragraph (b), or 221.153,27.9subdivision 3. 27.10 Sec. 35. Minnesota Statutes 1994, section 221.185, 27.11 subdivision 2, is amended to read: 27.12 Subd. 2. [NOTICE OF SUSPENSION.] (a) Failure to file and 27.13 maintain insurance, to renew permits under section 221.131,or27.14 to pay annual vehicle registration fees, or to renew permits 27.15 under section 221.071,or 221.131,or 221.296, or to maintain in27.16good standing a protective agent's or private detective's27.17license required under section 221.121, subdivision 6g, or27.18221.153, subdivision 3,suspends a motor carrier's permit or 27.19 certificate two days after the commissioner of transportation 27.20 sends notice of the suspension by certified mail, return receipt 27.21 requested, to the last known address of the motor carrier. 27.22 (b) In order to avoid permanent cancellation of the permit 27.23 or certificate, the motor carrier must do one of the following 27.24 within 45 days from the date of suspension: 27.25 (1) comply with the law by filing insurance or bond, 27.26 renewing permits, or paying vehicle registration fees; or 27.27 (2) request a hearing before theboardcommissioner of 27.28 public service regarding the failure to comply with the law. 27.29 Sec. 36. Minnesota Statutes 1994, section 221.185, 27.30 subdivision 4, is amended to read: 27.31 Subd. 4. [FAILURE TO COMPLY, CANCELLATION.] Except as 27.32 provided in subdivision 5a, failure to comply with the 27.33 requirements of sections 221.135 and 221.141and 221.29627.34 relating to bonds and insurance, 221.131 relating to permit 27.35 renewal, 221.071,or 221.131, or 221.296relating to annual 27.36 vehicle registration or permit renewal,221.121, subdivision 6g,28.1or 221.153, subdivision 3, relating to protective agent or28.2private detective licensure,or to request a hearing within 45 28.3 days of the date of suspension, isdeemedconsidered an 28.4 abandonment of the motor carrier's permit or certificate and the 28.5 permit or certificate must be canceled by the commissioner of 28.6 transportation. 28.7 Sec. 37. Minnesota Statutes 1994, section 221.185, 28.8 subdivision 9, is amended to read: 28.9 Subd. 9. [NEW PETITION.] If the holder of a canceled 28.10 permit or certificate seeks authority to operate as a motor 28.11 carrier it shall file a petition with the commissioner of 28.12 transportation for a permit or certificate as provided in 28.13 section 221.061,or 221.121,or 221.296,whichever is applicable. 28.14 Sec. 38. Minnesota Statutes 1994, section 221.281, is 28.15 amended to read: 28.16 221.281 [VIOLATIONS, PENALTIES.] 28.17 Any regular route common carrieror petroleum carrierof 28.18 passengers, or any officer, agent or employee ofany suchthat 28.19 carrier, failing to comply with any final order, decision, rule, 28.20 or directive, or any part or provision thereof,of the 28.21 commissioneror boardof transportation or public service, or 28.22 any provision ofsections 221.011 to 221.296this chapter,shall28.23beis subject to a penalty of $50 for each and every day ofsuch28.24 failure, to be recovered for the state in a civil action brought 28.25 by the commissioner of transportation. 28.26 Anysuchregular route common carrier of passengers 28.27 granting any special rate, rebate, drawback, or directly or 28.28 indirectly charging, demanding, or collecting a greater orless28.29 lesser compensation than provided by its regular established 28.30 schedule of rates and charges,shallmust be punished by a fine 28.31 not exceeding $10,000 for eachsuchoffense. 28.32 Sec. 39. Minnesota Statutes 1994, section 221.291, 28.33 subdivision 4, is amended to read: 28.34 Subd. 4. [OPERATING WITHOUTCERTIFICATE OR PERMIT28.35 OPERATING AUTHORITY.] A person who operates a motor carrier 28.36 without obtaining requiredcertificates or permitsoperating 29.1 authority to operate as required by this chapter is guilty of a 29.2 misdemeanor, and upon conviction shall be fined not less than 29.3 the maximum fine which may be imposed for a misdemeanor for each 29.4 violation. 29.5 Sec. 40. Minnesota Statutes 1994, section 231.01, 29.6 subdivision 5, is amended to read: 29.7 Subd. 5. [WAREHOUSE OPERATOR.] The term "warehouse 29.8 operator," as used in this chapter, means and includes every 29.9 corporation, company, association, joint stock company or 29.10 association, firm, partnership, or individual, their trustees, 29.11 assignees, or receivers appointed by any court, controlling, 29.12 operating, or managing within this state directly or indirectly, 29.13 any building or structure, or any part thereof, or any buildings 29.14 or structures, or any other property, and using the same for the 29.15 storage or warehousing of goods, wares, or merchandise for 29.16 compensation, or who shall hold itself out as being in the 29.17 storage or warehouse business, or as offering storage or 29.18 warehouse facilities, or advertise for, solicit or accept goods, 29.19 wares, or merchandise for storage for compensation, but shall 29.20 not include persons, corporations, or other parties (1) 29.21 operating open-air storage facilities containing minerals, ores, 29.22 steel, or rock products such as, but not limited to, aggregates, 29.23 clays, railroad ballast, iron ore, copper ore, nickel ore, 29.24 limestone, coal, and salt; (2) operating grain or cold storage 29.25 warehouses,; or (3) storing on a seasonal basis boats, boating 29.26 accessories, recreational vehicles or recreational equipment or 29.27 facilities in which the party storing goods rents and occupies 29.28 space as a tenant and the entire risk of loss is with the tenant 29.29 pursuant to written contract between the landlord and tenant. 29.30 Sec. 41. [BOARD ABOLISHED.] 29.31 (a) The transportation regulation board is abolished. All 29.32 powers and duties of the transportation regulation board in 29.33 effect on June 30, 1996, and not otherwise repealed or amended 29.34 under this act are transferred to the commissioner of public 29.35 service. All assets and records of, and the unexpended balance 29.36 of any appropriation to, the transportation regulation board as 30.1 of June 30, 1996, must be transferred to the commissioner of 30.2 public service under Minnesota Statutes, section 15.039. 30.3 (b) The classified and unclassified positions of the 30.4 transportation regulation board, except positions to which 30.5 members are appointed by the governor, are transferred with 30.6 their incumbents to the department of public service. Personnel 30.7 changes are effective on the effective date of this section. 30.8 This subdivision does not change the rights enjoyed before that 30.9 date under the managerial or commissioner's plan under Minnesota 30.10 Statutes, section 43A.18, or the terms of an agreement between 30.11 an exclusive representative of public employees and the state or 30.12 one of its appointing authorities. 30.13 Sec. 42. [APPROPRIATIONS; UNEXPENDED FUNDS.] 30.14 $206,000 is appropriated from the trunk highway fund to the 30.15 commissioner of public service for fiscal year ending June 30, 30.16 1997, for the purpose of performing duties transferred to the 30.17 commissioner under this act. 30.18 Sec. 43. [INSTRUCTION TO REVISOR.] 30.19 The revisor of statutes, in the next and subsequent 30.20 editions of Minnesota Statutes, shall in chapters 218, 219, and 30.21 221: 30.22 (1) change the term "board" or "transportation regulation 30.23 board" to "commissioner of public service," and make such other 30.24 stylistic changes as are necessary, wherever they appear; and 30.25 (2) change the term "commissioner" and "department" to 30.26 "commissioner of transportation" and "department of 30.27 transportation" wherever they appear. 30.28 Sec. 44. [REPEALER.] 30.29 Minnesota Statutes 1994, sections 174A.01; 174A.02; 30.30 174A.03; 174A.04; 174A.05; 174A.06; 218.011, subdivision 7; 30.31 218.021; 218.025; 218.031, subdivision 7; 218.041, subdivision 30.32 7; 221.011, subdivisions 2b, 10, 12, 24, 25, 28, 35, 36, 38, 39, 30.33 40, 41, and 46; 221.072; 221.101; 221.121, subdivisions 3, 5, 6, 30.34 6c, 6d, 6e, 6f, and 6g; 221.151, subdivision 3; 221.152; 30.35 221.153; 221.172, subdivisions 4, 5, 6, 7, and 8; 221.296; 30.36 221.54; and 221.55, are repealed. 31.1 Sec. 45. [EFFECTIVE DATE.] 31.2 Sections 1 to 44 are effective July 1, 1996.