HF 2704

5th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  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; 
  2.36     Member, 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 by an authorized a local cartage carrier operating 
  4.17  under a permit issued under section 221.296 and whose 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 upon 
  8.8   not less than 20 days' public notice in the case of new or 
  8.9   increased rates or ten days' public notice in the case of 
  8.10  reduced rates, in such manner as may be required by the 
  8.11  commissioner and law, all schedules of rates and charges and 
  8.12  classifications thereof, together with the rules governing the 
  8.13  same, and minimum weights for transportation of freight articles 
  8.14  between points or stations in the state, and terminal and 
  8.15  switching charges.  A new or changed contract rate shall become 
  8.16  effective in accordance with the provisions of United States 
  8.17  Code, title 49, section 10713.  The board may, for good cause, 
  8.18  reduce the notice period specified in this clause.  
  8.19     (2) to comply with every duly authorized rule or directive 
  8.20  of the commissioner or board except as the same may be stayed, 
  8.21  pending appeal therefrom.; 
  8.22     (3) To put into effect and observe all schedules of rates 
  8.23  and charges and classifications and any amendments or changes 
  8.24  therein duly ordered by the board, except as the same may be 
  8.25  stayed, pending appeal. 
  8.26     (4) To maintain as may be directed by the commissioner for 
  8.27  public inspection at stations and depots all schedules showing 
  8.28  all classifications, rates and charges for transportation of 
  8.29  freight currently in force applying from such station.  Such 
  8.30  schedules shall state the places between which property will be 
  8.31  carried and show the classification of freight, the distance 
  8.32  tariff, a table of distances between stations, any terminal 
  8.33  charges and any rules in any way affecting the aggregate of such 
  8.34  rates and charges. 
  8.35     (5) Upon request of an owner or consignor of freight to the 
  8.36  initial company, whenever the initial line does not reach the 
  9.1   place of destination, or the distance from the place of origin 
  9.2   to destination may be shortened, to transfer such freight to a 
  9.3   connecting line without change in cars if in carload lots, 
  9.4   except such change be free of charge to the shipper and 
  9.5   receiver; and to transfer with or without change in cars of less 
  9.6   than carload lots at a reasonable joint through rate agreed upon 
  9.7   by the connecting carriers or prescribed by the board, not 
  9.8   greater than the maximum rates allowed by law, provided any 
  9.9   unloading and reloading which is necessary shall be at cost and 
  9.10  the charge for such transfer included in the joint rate. 
  9.11     (6) To provide the same switching, transfer and handling 
  9.12  facilities for local as for interstate traffic. 
  9.13     (7) Upon written demand of the owner, to construct, 
  9.14  maintain and operate side tracks and reasonable facilities 
  9.15  connecting with any grain warehouse, dock, wharf, mill, coal 
  9.16  yard, quarry, brick or lime kiln, sand or gravel pit, crushed 
  9.17  rock or concrete plant or manufactory as may be required by the 
  9.18  board, and on such terms as may be agreed upon, or, on failure 
  9.19  of 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 to such the property caused by it or any 
  9.24  carrier to whom such the property may be delivered or over whose 
  9.25  line it may pass.; and 
  9.26     (9) To refund all overcharges for freight, baggage or 
  9.27  express, and pay for any loss, damage or injury to property 
  9.28  while in its possession, within 90 days after the filing of a 
  9.29  claim 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 in such a 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.  Such These accounts shall must 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 trains which that 
 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  miles and; 
 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 by such that 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; and such 
 10.24     (x) further information related to the income or cost of 
 10.25  intrastate business as the commissioner may require.  The 
 10.26  commissioner may require such these 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 in such its 
 10.29  business in this state as the commissioner may deem consider 
 10.30  necessary. 
 10.31     (11) During pendency of any litigation, when rates 
 10.32  prescribed by the board have not been put into effect, to keep a 
 10.33  correct account of every charge made by it for any services to 
 10.34  which such rates apply in excess of the rates prescribed, 
 10.35  showing in each case the difference between the amount actually 
 10.36  charged and the amount allowed to be charged, the date of the 
 11.1   transaction, the stations between which the business was carried 
 11.2   and the names and addresses of the consignor and consignee, and 
 11.3   to 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 part 
 11.9   and classification thereof, together with minimum weights and 
 11.10  rules with respect thereto, and any and all amendments, 
 11.11  modifications 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 in such the manner and, form, and at 
 11.21  such times as prescribed by the commissioner.  All such, 
 11.22  provided that reports administered by the department of public 
 11.23  safety shall must be received and administered in accordance 
 11.24  with the provisions of section 169.09, subdivision 13. and all 
 11.25  other reports shall must be open to public inspection but shall 
 11.26  are not be admissible in evidence in any suit or action for 
 11.27  damages growing out of such the accident, wreck or casualty. 
 11.28     (5) All tariff agreements or arrangements with other 
 11.29  carriers. 
 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  are granting rebates or, in any other particular, failing to 
 11.36  comply with laws or with orders, rules, or directives of the 
 12.1   commissioner or the board of transportation or commissioner of 
 12.2   public service; 
 12.3      (2) appear and press before the Interstate Commerce 
 12.4   Commission United 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 Act of the United 
 12.8   States, whenever the department deems considers 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 of the provisions of 
 12.12  this chapter, or the orders, rules, and directives of the 
 12.13  commissioner and the board issued thereunder and any violations 
 12.14  thereof of 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, 
 12.20  a 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, which that 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 under the provisions of this 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 
 13.6   carriers carrier of passengers, class I carriers, and petroleum 
 13.7   carriers. 
 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 PERMIT OPERATING 
 14.3   AUTHORITY REQUIRED.] 
 14.4      No person may operate as a motor carrier or advertise or 
 14.5   otherwise hold out as a motor carrier without a certificate or 
 14.6   permit 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 of sections 221.011 to 221.296 this 
 14.10  chapter or an order or rule of the commissioner or board of 
 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.  The board commissioner of 
 14.14  public service may, for good cause after a hearing, suspend or 
 14.15  revoke a certificate or permit for a violation of a provision of 
 14.16  sections 221.011 to 221.296 this chapter or an order issued or 
 14.17  rule adopted by the commissioner or board of 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 requiring a certificate or 
 15.3   permit operating 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  except as provided in section 221.296 where 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.] Certificate Regular 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 than certificated for-hire motor 
 18.18  carriers and local cartage of 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.  The board commissioner of 
 18.22  public service shall issue only the 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; and 
 18.32     (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  receives a certificate or permit operating authority from the 
 19.1   board commissioner 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 the certificate or permit operating 
 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 CARRIERS REGULAR ROUTE COMMON 
 19.12  CARRIER OF PASSENGERS; ANNUAL VEHICLE 
 19.13  REGISTRATION.] Certificated passenger Regular 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 or certificate holder 
 19.23  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 secure and cause to 
 23.4   be, 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, evidencing of 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 permit 
 23.16  carrier to file cargo insurance when the commissioner deems 
 23.17  necessary 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 UPON BOARD COMMISSIONER 
 23.21  INITIATIVE; ARMORED CARRIER EXEMPTION.] (a) Except as provided 
 23.22  in paragraph (b), A permit carrier, including a livestock 
 23.23  carrier 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, the board commissioner 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 subject 
 24.13  to rejection, suspension, or postponement by the board, except 
 24.14  as 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 required 
 24.20  to file a tariff under this subdivision for the service 
 24.21  authorized 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 for the transportation of transporting 
 24.27  persons or property household 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 the board commissioner 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  the board commissioner 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-CONTROLLED 
 25.3   COMMODITIES CARRIERS; HOUSEHOLD GOODS MOVERS.] A class I 
 25.4   carrier, class II carrier, holder of a household goods mover, 
 25.5   and a holder of a temperature-controlled commodities permit 
 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 the 
 25.17  freight or if the carrier's operating authority includes a 
 25.18  package or article restriction, unless the shipment is 
 25.19  transported by a household goods mover; 
 25.20     (5) description of the freight property being transported; 
 25.21     (6) (5) weight, volume, or measurement of the 
 25.22  freight property, 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; and 
 25.30     (10) after January 1, 1994, any terminals through which the 
 25.31  shipment 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 carrier must shall 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 under sections 221.011 to 221.296 this 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 by sections 
 26.35  section 221.141 and 221.296 and 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; or 
 27.6      (d) the motor carrier fails to maintain in good standing a 
 27.7   protective agent's or private detective's license required under 
 27.8   section 221.121, subdivision 6g, paragraph (b), or 221.153, 
 27.9   subdivision 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, or 
 27.14  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 in 
 27.16  good standing a protective agent's or private detective's 
 27.17  license required under section 221.121, subdivision 6g, or 
 27.18  221.153, 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 the board commissioner 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 221.141 and 221.296 
 27.34  relating to bonds and insurance, 221.131 relating to permit 
 27.35  renewal, 221.071, or 221.131, or 221.296 relating to annual 
 27.36  vehicle registration or permit renewal, 221.121, subdivision 6g, 
 28.1   or 221.153, subdivision 3, relating to protective agent or 
 28.2   private detective licensure, or to request a hearing within 45 
 28.3   days of the date of suspension, is deemed considered 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 carrier or petroleum carrier of 
 28.18  passengers, or any officer, agent or employee of any such that 
 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  commissioner or board of transportation or public service, or 
 28.22  any provision of sections 221.011 to 221.296 this chapter, shall 
 28.23  be is subject to a penalty of $50 for each and every day of such 
 28.24  failure, to be recovered for the state in a civil action brought 
 28.25  by the commissioner of transportation. 
 28.26     Any such regular 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 or less 
 28.29  lesser compensation than provided by its regular established 
 28.30  schedule of rates and charges, shall must be punished by a fine 
 28.31  not exceeding $10,000 for each such offense. 
 28.32     Sec. 39.  Minnesota Statutes 1994, section 221.291, 
 28.33  subdivision 4, is amended to read: 
 28.34     Subd. 4.  [OPERATING WITHOUT CERTIFICATE OR PERMIT 
 28.35  OPERATING AUTHORITY.] A person who operates a motor carrier 
 28.36  without obtaining required certificates or permits operating 
 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.