HF 2847

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring motor carrier 
  1.3             USDOT numbers; authorizing issuing temporary licenses 
  1.4             for certain persons from other countries; establishing 
  1.5             hazardous materials drivers' endorsement regulations; 
  1.6             making it a crime to tamper with vehicles used to 
  1.7             carry hazardous materials; imposing penalties; 
  1.8             amending Minnesota Statutes 2000, sections 171.07, 
  1.9             subdivisions 1a, 4; 171.27; 221.0355, subdivisions 2, 
  1.10            3; proposing coding for new law in Minnesota Statutes, 
  1.11            chapters 168; 171; 609. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [168.185] [MOTOR CARRIER USDOT NUMBERS.] 
  1.14     A motor carrier operating a truck or truck tractor having a 
  1.15  gross vehicle weight as defined in section 169.01, subdivision 
  1.16  46, of more than 26,000 pounds shall report to the registrar at 
  1.17  the time of registration its USDOT carrier number.  A motor 
  1.18  carrier who does not have a USDOT number shall apply for the 
  1.19  number at the time of registration by completing a form MCS-150 
  1.20  Motor Carrier Identification Report, issued by the Federal Motor 
  1.21  Carrier Safety Administration, or comparable document as 
  1.22  determined by the registrar. 
  1.23     Assigned USDOT numbers need not be displayed on the outside 
  1.24  of the vehicle, but must be made available upon request of an 
  1.25  authorized agent of the registrar, peace officer, other 
  1.26  employees of the state patrol authorized in chapter 299D, or 
  1.27  employees of the Minnesota department of transportation.  A 
  1.28  motor carrier shall notify the registrar if there is a change to 
  2.1   the carrier's USDOT number. 
  2.2      If a carrier fails to report or apply for a USDOT number, 
  2.3   the registrar shall suspend the carrier's registration. 
  2.4      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  2.5      Sec. 2.  [171.065] [PROOF OF RESIDENCY.] 
  2.6      Subdivision 1.  [PROOF OF RESIDENCY AT INITIAL 
  2.7   APPLICATION.] Proof of residency is required at the time of 
  2.8   application for an initial driving permit, driver's license, or 
  2.9   state identification card.  The applicant must attest to a 
  2.10  residence address in Minnesota and demonstrate proof of either 
  2.11  lawful short-term admission to the United States, permanent 
  2.12  United States resident status, or United States citizenship. 
  2.13     Subd. 2.  [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 
  2.14  residency is required at the time of application for renewal of 
  2.15  a driving permit, driver's license, or state identification card.
  2.16     (b) A person with permanent United States resident status 
  2.17  or United States citizenship must attest to a residence address 
  2.18  in Minnesota. 
  2.19     (c) A person with lawful short-term admission to the United 
  2.20  States must attest to a residence address in Minnesota and 
  2.21  provide proof of lawful short-term admission status to the 
  2.22  United States. 
  2.23     Subd. 3.  [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 
  2.24  has been a change in the individual's full name as it appears on 
  2.25  the presented document, the individual shall also present 
  2.26  evidence of a change of name as specified by rule of the 
  2.27  commissioner. 
  2.28     Subd. 4.  [LAWFUL SHORT-TERM ADMISSION STATUS.] The 
  2.29  department shall not issue a state driving permit, driver's 
  2.30  license, or identification card if an individual has no lawful 
  2.31  admission status to the United States or if the lawful 
  2.32  short-term admission period expires in 30 days or less. 
  2.33     Subd. 5.  [RULES; VARIANCE.] The commissioner may adopt 
  2.34  rules, standards, and procedures according to chapter 14 to 
  2.35  administer this section.  The requirements of this section are 
  2.36  subject to variance under rules of the commissioner.  
  3.1      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.2      Sec. 3.  Minnesota Statutes 2000, section 171.07, 
  3.3   subdivision 1a, is amended to read: 
  3.4      Subd. 1a. [FILING PHOTOGRAPH OR IMAGE; DATA 
  3.5   CLASSIFICATION.] The department shall file, or contract to file, 
  3.6   all photographs or electronically produced images obtained in 
  3.7   the process of issuing drivers' licenses or Minnesota 
  3.8   identification cards.  The photographs or electronically 
  3.9   produced images shall be are private data pursuant to section 
  3.10  13.02, subdivision 12.  Notwithstanding section 13.04, 
  3.11  subdivision 3, the department shall is not be required to 
  3.12  provide copies of photographs or electronically produced images 
  3.13  to data subjects. The use of the files is restricted: 
  3.14     (1) to the issuance and control of drivers' licenses; 
  3.15     (2) for law enforcement purposes in the investigation and 
  3.16  or prosecution of crimes; and 
  3.17     (3) for child support enforcement purposes under section 
  3.18  256.978.  
  3.19     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.20     Sec. 4.  Minnesota Statutes 2000, section 171.07, 
  3.21  subdivision 4, is amended to read: 
  3.22     Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
  3.23  this subdivision, the expiration date of Minnesota 
  3.24  identification cards of applicants under the age of 65 shall be 
  3.25  the birthday of the applicant in the fourth year following the 
  3.26  date of issuance of the card. 
  3.27     (b) Minnesota identification cards issued to applicants age 
  3.28  65 or over shall be valid for the lifetime of the applicant. 
  3.29     (c) The expiration date for an Under-21 identification card 
  3.30  is the card holder's 21st birthday.  The commissioner shall 
  3.31  issue an identification card to a holder of an Under-21 
  3.32  identification card who applies for the card, pays the required 
  3.33  fee, and presents proof of identity and age, unless the 
  3.34  commissioner determines that the applicant is not qualified for 
  3.35  the identification card.  
  3.36     (d) Notwithstanding paragraph (a) or (b), the expiration 
  4.1   date for an identification card issued to a person who is 
  4.2   lawfully in the United States as a result of a document issued 
  4.3   by the United States Immigration and Naturalization Service or 
  4.4   successor agency that authorizes the person to remain in the 
  4.5   United States until a specified date is the date on which that 
  4.6   authorization expires, the date on which that authorization is 
  4.7   terminated, or four years after the date of issuance of the 
  4.8   identification card, whichever occurs first.  In the case of an 
  4.9   under-21 identification card issued to a person described in 
  4.10  this paragraph, the expiration date is the cardholder's 21st 
  4.11  birthday or the date on which the person's authorization to 
  4.12  remain in the United States expires or is terminated, whichever 
  4.13  occurs first.  An identification card issued with an expiration 
  4.14  date that is the date on which the cardholder's authorization to 
  4.15  remain in the United States expires must be clearly marked in 
  4.16  code on the back of the card for law enforcement purposes. 
  4.17     (e) The department shall not accept presentation of a 
  4.18  permit, driver's license, or identification card from another 
  4.19  United States state as proof of lawful short-term admission to 
  4.20  the United States, permanent United States resident status, or 
  4.21  United States citizenship. 
  4.22     (f) To demonstrate lawful short-term admission to the 
  4.23  United States, permanent United States resident status, or 
  4.24  United States citizenship, an applicant must attest to a 
  4.25  Minnesota residence address on the application form and present 
  4.26  either: 
  4.27     (1) a certified copy of a birth certificate issued by a 
  4.28  United States government bureau of vital statistics or by a 
  4.29  board of health of a United States jurisdiction; 
  4.30     (2) a Certificate of Naturalization issued by the United 
  4.31  States Department of Justice; 
  4.32     (3) a document issued by the United States Department of 
  4.33  Justice or United States Department of State indicating either 
  4.34  lawful short-term admission to the United States or permanent 
  4.35  United States resident status; or 
  4.36     (4) a Minnesota driving permit, driver's license, or 
  5.1   identification card that is current or expired for not more than 
  5.2   five years.  
  5.3      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  5.4      Sec. 5.  Minnesota Statutes 2000, section 171.27, is 
  5.5   amended to read: 
  5.6      171.27 [EXPIRATION OF LICENSE.] 
  5.7      Subdivision 1.  [GENERALLY.] Except as otherwise provided 
  5.8   in this section, the expiration date for each driver's license, 
  5.9   other than under-21 licenses, is the birthday of the driver in 
  5.10  the fourth year following the date of issuance of the license.  
  5.11  The birthday of the driver shall be as indicated on the 
  5.12  application for a driver's license.  A license may be renewed on 
  5.13  or before expiration or within one year after expiration upon 
  5.14  application, payment of the required fee, and passing the 
  5.15  examination required of all drivers for renewal.  Driving 
  5.16  privileges shall be extended or renewed on or preceding the 
  5.17  expiration date of an existing driver's license unless the 
  5.18  commissioner believes that the licensee is no longer qualified 
  5.19  as a driver.  
  5.20     Subd. 2.  [UNDER-21 LICENSE.] The expiration date for each 
  5.21  under-21 license shall be the 21st birthday of the licensee.  
  5.22  Upon the licensee attaining the age of 21 and upon the 
  5.23  application, payment of the required fee, and passing the 
  5.24  examination required of all drivers for renewal, a driver's 
  5.25  license shall be issued unless the commissioner determines that 
  5.26  the licensee is no longer qualified as a driver. 
  5.27     Subd. 3.  [PROVISIONAL LICENSE.] The expiration date for 
  5.28  each provisional license is two years after the date of 
  5.29  application for the provisional license.  
  5.30     Subd. 4.  [LICENSES ISSUED TO PERSONS IN UNITED STATES ON 
  5.31  TEMPORARY AUTHORITY.] Notwithstanding subdivisions 1 to 3, the 
  5.32  expiration date for a driver's license issued to a person who is 
  5.33  lawfully in the United States as a result of a document issued 
  5.34  by the United States Immigration and Naturalization Service or 
  5.35  successor agency that authorizes the person to remain in the 
  5.36  United States until a specified date is the date on which that 
  6.1   authorization expires, the date on which that authorization is 
  6.2   terminated, or four years after the date of issuance of the 
  6.3   license, whichever occurs first.  In the case of an under-21 
  6.4   license issued to a person described in this subdivision, the 
  6.5   expiration date is the cardholder's 21st birthday or the date on 
  6.6   which the person's authorization to remain in the United States 
  6.7   expires or is terminated, whichever occurs first.  In the case 
  6.8   of a provisional license issued to a person described in this 
  6.9   subdivision, the expiration date is the date on which the 
  6.10  person's authorization to remain in the United States expires or 
  6.11  is terminated, or two years after the date of application for 
  6.12  the provisional license, whichever occurs first.  A license 
  6.13  issued with an expiration date that is the date on which the 
  6.14  licensee's authorization to remain in the United States expires 
  6.15  must be clearly marked in code on the back of the license for 
  6.16  law enforcement purposes. 
  6.17     Subd. 5.  [LICENSES TO PERSONS ON ACTIVE DUTY.] Any valid 
  6.18  Minnesota driver's license issued to a person then or 
  6.19  subsequently on active duty with the Armed Forces of the United 
  6.20  States, or the person's spouse, shall continue in full force and 
  6.21  effect without requirement for renewal until 90 days after the 
  6.22  date of the person's discharge from such service, provided that 
  6.23  a spouse's license must be renewed if the spouse is residing 
  6.24  within the state at the time the license expires or within 90 
  6.25  days after the spouse returns to Minnesota and resides within 
  6.26  the state. 
  6.27     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  6.28     Sec. 6.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIALS 
  6.29  DRIVERS.] 
  6.30     Subdivision 1.  [ENDORSEMENT.] Before being issued or 
  6.31  renewing a class C, class B, or class A driver's license with a 
  6.32  hazardous materials endorsement, the applicant must comply with 
  6.33  federal regulations incorporated in this section. 
  6.34     Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
  6.35  Number 107-56, section 1012, as implemented in Code of Federal 
  6.36  Regulations, title 49, is incorporated by reference. 
  7.1      Subd. 3.  [RULES.] The commissioner of public safety may 
  7.2   adopt rules pursuant to section 14.388, clause (1), in order to 
  7.3   implement this section. 
  7.4      [EFFECTIVE DATE.] This section is effective the day 
  7.5   following final enactment. 
  7.6      Sec. 7.  Minnesota Statutes 2000, section 221.0355, 
  7.7   subdivision 2, is amended to read: 
  7.8      Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
  7.9   following words and phrases have the meanings given them in this 
  7.10  subdivision: 
  7.11     (a) "Base state" means the state selected by a carrier 
  7.12  according to the procedures established by the uniform program. 
  7.13     (b) "Base state agreement" means the agreement between 
  7.14  participating states electing to register or permit carriers of 
  7.15  hazardous material or hazardous waste. 
  7.16     (c) "Carrier" means a person who operates a motor vehicle 
  7.17  used to transport hazardous material or hazardous waste. 
  7.18     (d) "Designated hazardous material" means a hazardous 
  7.19  material described in Code of Federal Regulations, title 49, 
  7.20  section 107.601, which is incorporated by reference. 
  7.21     (e) "Hazardous material" means: 
  7.22     (1) a hazardous material when the hazardous material is of 
  7.23  a type or in a quantity that requires the transport vehicle to 
  7.24  be placarded in accordance with Code of Federal Regulations, 
  7.25  title 49, part 172; or 
  7.26     (2) a hazardous substance or marine pollutant when 
  7.27  transported in bulk packaging as defined in Code of Federal 
  7.28  Regulations, title 49, section 171.8, which is incorporated by 
  7.29  reference. 
  7.30     (f) "Hazardous material transportation" means the 
  7.31  transportation of hazardous material or hazardous waste, or 
  7.32  both, on the public highways. 
  7.33     (g) "Hazardous waste" means hazardous waste of a type and 
  7.34  amount that requires the shipment to be accompanied by a uniform 
  7.35  hazardous waste manifest described in Code of Federal 
  7.36  Regulations, title 40, part 262, including state-designated 
  8.1   hazardous wastes when a list of state-designated hazardous 
  8.2   wastes has been filed by the state with the national repository 
  8.3   under the uniform program. 
  8.4      (h) "Participating state" means a state electing to 
  8.5   participate in the uniform program by entering a base state 
  8.6   agreement. 
  8.7      (i) "Person" means an individual, firm, copartnership, 
  8.8   cooperative, company, association, limited liability company, 
  8.9   corporation, or public entity. 
  8.10     (j) "Public entity" means a carrier who is a federal or 
  8.11  state agency or political subdivision. 
  8.12     (k) "Shipper" means a person who offers a designated 
  8.13  hazardous material to another person for shipment or who causes 
  8.14  a designated hazardous material to be transported or shipped by 
  8.15  another person. 
  8.16     (l) "Uniform application" means the uniform motor carrier 
  8.17  registration and permit application form established under the 
  8.18  uniform program. 
  8.19     (m) "Uniform program" means the Uniform State Hazardous 
  8.20  Materials Transportation Motor Carrier Registration and Permit 
  8.21  Program established in the report submitted to the secretary of 
  8.22  transportation pursuant to the "Hazardous Materials 
  8.23  Transportation Uniform Safety Act of 1990," United States Code, 
  8.24  title 49 appendix, section 1819, subsection (c). 
  8.25     Sec. 8.  Minnesota Statutes 2000, section 221.0355, 
  8.26  subdivision 3, is amended to read: 
  8.27     Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
  8.28  subdivision 17, after October 1, 1994: 
  8.29     (a) No carrier, other than a public entity, may transport a 
  8.30  hazardous material by motor vehicle in Minnesota unless it has 
  8.31  complied with subdivision 4. 
  8.32     (b) No carrier, other than a public entity, may transport a 
  8.33  hazardous waste in Minnesota unless it has complied with 
  8.34  subdivisions 4 and 5. 
  8.35     (c) No shipper may offer a designated hazardous material 
  8.36  for shipment or cause a designated hazardous material to be 
  9.1   transported or shipped in Minnesota unless it has complied with 
  9.2   subdivision 7. 
  9.3      (d) No carrier, other than a public entity, may transport a 
  9.4   designated hazardous material by rail or water in Minnesota 
  9.5   unless it has complied with subdivision 7a. 
  9.6      (e) No public entity may transport a hazardous material or 
  9.7   hazardous waste by motor vehicle in Minnesota unless it has 
  9.8   complied with subdivision 8. 
  9.9      (f) A carrier registered under this section, who 
  9.10  exclusively offers designated materials for shipment only in 
  9.11  vehicles controlled or operated by that carrier and who does not 
  9.12  offer hazardous materials to other private or for-hire carriers, 
  9.13  is not required to register as a shipper under subdivision 7. 
  9.14     Sec. 9.  [609.7143] [USING HAZARDOUS MATERIAL FOR ACT OF 
  9.15  TERRORISM.] 
  9.16     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  9.17  "hazardous material" has the meaning given it in section 299A.49 
  9.18  and includes all hazardous materials, radioactive materials, 
  9.19  infectious agents, etiologic agents, explosives, flammable 
  9.20  agents, and other substances that pose a danger to life and that 
  9.21  are subject to the federal regulations in Code of Federal 
  9.22  Regulations, title 42, section 72.3, or title 49, part 172, 
  9.23  subpart F. 
  9.24     Subd. 2.  [CRIME TO TAMPER WITH TERRORISTIC INTENT.] A 
  9.25  person is guilty of a felony if the person tampers with any 
  9.26  vehicle or equipment being used for the containment, storage, or 
  9.27  transportation of hazardous material with the intent to aid or 
  9.28  commit an act of terrorism. 
  9.29     Subd. 3.  [PENALTY; RESTITUTION.] (a) A person convicted of 
  9.30  committing a crime described in subdivision 2 is subject to 
  9.31  imprisonment for not more than ten years and to payment of a 
  9.32  fine not to exceed $100,000 for each participating person and, 
  9.33  if an organization, to payment of a fine not to exceed 
  9.34  $1,000,000. 
  9.35     (b) A court may provide that all or any part of the fine 
  9.36  imposed be disbursed as restitution to any victims of a crime 
 10.1   described in subdivision 2 or of another crime committed 
 10.2   contemporaneously with or as part of the same conduct in the 
 10.3   commission of, or in a scheme to commit, an act of terrorism. 
 10.4      [EFFECTIVE DATE.] This section is effective the day after 
 10.5   final enactment and applies to crimes committed on or after that 
 10.6   date.