2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; abolishing Babcock test 1.3 requirements for drivers to determine fat content of 1.4 milk or cream; exempting vehicles carrying milk from 1.5 seasonal weight restrictions under certain 1.6 circumstances; allowing conveyance of excess rail bank 1.7 property; amending Minnesota Statutes 1998, sections 1.8 32.25, subdivision 3; 169.87, by adding a subdivision; 1.9 and 222.63, subdivision 4; repealing Minnesota 1.10 Statutes 1998, section 32.01, subdivision 7. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1998, section 32.25, 1.13 subdivision 3, is amended to read: 1.14 Subd. 3. [PENALTIES FOR VIOLATIONS.] Any person 1.15 (1)
who, when testing by the Babcock test, shall use any1.16 appliances other than the standard Babcock glassware for1.17 measuring or testing milk or cream sold or purchased at prices1.18 determined upon the basis of milk fat therein contained, or1.19 (2) who shall manufacture or sell Babcock glassware which1.20 is not constructed or graduated in accordance with these1.21 specifications, or1.22 (3)who shall employ any test other than the Babcock test1.23 orthose tests authorized by rule promulgated by the 1.24 commissioner, or any methods other than the standard official 1.25 methods for determining the milk fat content of milk or cream, 1.26 or 1.27 (4)(2) who shall incorrectly sample milk or cream 1.28 purchased or sold, or 2.1 (5)(3) who shall incorrectly weigh milk or cream purchased 2.2 or sold, or 2.3 (6)(4) who shall incorrectly grade milk or cream purchased 2.4 or sold, or 2.5 (7)(5) who shall make a false entry of the weight, or test 2.6 result, or grade of any milk or cream purchased or sold, or 2.7 (8)(6) who shall incorrectly sample, weigh, test, or 2.8 record or report weights or tests of skim milk or buttermilk 2.9 purchased or sold, or 2.10 (9)(7) who shall underread the tests, or 2.11 (10)(8) who shall falsify the reading of the tests, or 2.12 (11)(9) who shall manipulate the reading of the tests, or 2.13 (12)(10) who shall falsely state, certify, or use in the 2.14 purchase or sale of milk or cream a misreading of such tests, 2.15 whether the tests or actual reading shall have been made by such 2.16 person or by any other person, shall be guilty of a misdemeanor. 2.17 Sec. 2. Minnesota Statutes 1998, section 169.87, is 2.18 amended by adding a subdivision to read: 2.19 Subd. 4. [VEHICLES TRANSPORTING MILK.] Until June 1, 2003, 2.20 a weight restriction imposed under subdivision 1 by the 2.21 commissioner of transportation or a local road authority, or 2.22 imposed by subdivision 2, does not apply to a vehicle 2.23 transporting milk from the point of production to the point of 2.24 first processing if, at the time the weight restriction is 2.25 exceeded, the vehicle is carrying milk loaded at only one point 2.26 of production. This subdivision does not authorize a vehicle 2.27 described in this subdivision to exceed a weight restriction of 2.28 five tons per axle by more than two tons per axle. 2.29 Sec. 3. Minnesota Statutes 1998, section 222.63, 2.30 subdivision 4, is amended to read: 2.31 Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may 2.32 lease any rail line or right-of-way held in the state rail bank 2.33 or enter into an agreement with any person for the operation of 2.34 any rail line or right-of-way for any of the purposes set forth 2.35 in subdivision 2 in accordance with a fee schedule to be 2.36 developed by the commissioner. 3.1 (b) The commissioner may convey any rail line or 3.2 right-of-way, for consideration or for no consideration and upon 3.3 other terms as the commissioner may determine to be in the 3.4 public interest, to any other state agency or to a governmental3.5 political subdivision of the state having power by law to 3.6 utilize it for any of the purposes set forth in subdivision 2. 3.7 (c) The commissioner may convey a portion of previously 3.8 acquired rail bank right-of-way to a state agency or political 3.9 subdivision when the commissioner determines that: 3.10 (1) the portion to be conveyed is in excess of that needed 3.11 for the purposes stated in subdivision 2; 3.12 (2) the conveyance is upon terms and conditions agreed upon 3.13 by both the commissioner and the state agency or political 3.14 subdivision; 3.15 (3) after the sale, the rail bank corridor will continue to 3.16 be sufficient to meet the purposes of subdivision 2; and 3.17 (4) the conveyance will not result in any right-of-way in 3.18 the state rail bank being reduced to a width of less than 50 3.19 feet at any point. 3.20 Proceeds from a sale must be deposited in the rail bank 3.21 maintenance account described in subdivision 8. 3.22 Sec. 4. [REPEALER.] 3.23 Minnesota Statutes 1998, section 32.01, subdivision 7, is 3.24 repealed. 3.25 Sec. 5. [EFFECTIVE DATE.] 3.26 Sections 2 and 3 are effective the day following final 3.27 enactment.