Minnesota Legislature
HF 3394
as introduced - 88th Legislature (2013 - 2014) Posted on 05/16/2014 06:32pm
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A bill for an act
relating to transportation; railroads; modifying penalties for blocking public roads
or streets; amending Minnesota Statutes 2012, sections 218.071, subdivisions 2,
3, 4; 219.383, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 218.071, subdivision 2, is amended to read:
Subd. 2.
Violations generally; penalty.
Unless a different penalty or punishment is
specifically prescribed, any deleted text begin person,deleted text end firmdeleted text begin ,deleted text end or corporation who performs any unlawful act, or
fails to perform any duty imposed by this chapter, or to obey any valid and final order,
rule, or directive of the commissioner, or who assists and aids therein, shall be guilty of
anew text begin grossnew text end misdemeanor, and, if the violation be a continuing one, shall be guilty of a new
offense for each day of such continuance, and for each offense shall be punished by a fine
of deleted text begin one hundred dollars ($100)deleted text end new text begin $1,000new text end .new text begin A continuing offense or a second or subsequent
offense under this section shall be punished by a fine of $1,000 for each offense, with
the cumulative fine not to exceed $10,000.
new text end
Sec. 2.
Minnesota Statutes 2012, section 218.071, subdivision 3, is amended to read:
Subd. 3.
Discriminatory practices; penalty.
Any common carriernew text begin ordering or
willfully blocking a public grade crossing for more than ten minutesnew text end , new text begin or new text end willfully granting
any special rate, rebate, drawback, or directly or indirectly charging, demanding or
collecting a greater or less compensation than provided by its regular established schedule
of rates and charges, shall be punished by a fine not exceeding $10,000 for each such
offense.
Sec. 3.
Minnesota Statutes 2012, section 218.071, subdivision 4, is amended to read:
Subd. 4.
Failure to comply; penalty.
Any common carrier failing to comply with
any order of the commissioner shall be subject to a penalty of deleted text begin fifty dollars ($50)deleted text end new text begin $1,000
new text end for each and every day of such failure to comply, to be recovered for the state in a civil
action by the commissioner.
Sec. 4.
Minnesota Statutes 2012, section 219.383, subdivision 3, is amended to read:
Subd. 3.
Not to block public road or street.
No railway corporation shall permit
a public road or street crossing a railroad track to be closed for traffic by a standing
car, train, engine, or other railroad equipment, or by a switching movement which
continuously blocks a crossing for longer than ten minutes.new text begin A violation or charge under
this section shall be issued only against a railroad common carrier. The charging or
prosecuting jurisdiction shall serve or present notice of a violation or charge under this
section directly on the railroad common carrier's general manager or superintendent's
office in Minnesota.new text end This subdivision does not apply to cities of the first class which
regulate obstruction of streets by ordinance.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment.
new text end