3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to motor carrier regulation; abolishing 1.3 transportation regulation board; changing regulations 1.4 relating to common carriers by rail, motor carriers, 1.5 passenger carriers, and pipeline carriers; setting 1.6 fees and penalties; appropriating money; amending 1.7 Minnesota Statutes 1994, sections 169.26, by adding a 1.8 subdivision; 218.031, subdivision 8; 218.041, 1.9 subdivisions 4 and 6; 218.071, subdivision 1; 219.074, 1.10 subdivisions 1 and 2; 219.14, subdivision 1; 219.20, 1.11 subdivision 2, and by adding a subdivision; 219.22; 1.12 219.24; 219.402; 219.98; 221.011, subdivisions 7 and 1.13 15, and by adding subdivisions; 221.021; 221.022; 1.14 221.025; 221.0314, subdivision 1; 221.041, 1.15 subdivisions 1, 2, and 3; 221.051, subdivision 1; 1.16 221.061; 221.071, subdivisions 1 and 2; 221.081; 1.17 221.091; 221.122; 221.124; 221.141, subdivisions 1 and 1.18 4; 221.172, subdivision 10; 221.185; 221.281; 221.291, 1.19 subdivisions 4 and 5; 222.632; and 231.01, subdivision 1.20 5; Minnesota Statutes 1995 Supplement, sections 1.21 15A.081, subdivision 1; 221.031, subdivision 1; 1.22 221.131; and 221.132; proposing coding for new law in 1.23 Minnesota Statutes, chapter 221; repealing Minnesota 1.24 Statutes 1994, sections 174A.01; 174A.02; 174A.03; 1.25 174A.04; 174A.05; 174A.06; 218.021; 218.025; 218.031, 1.26 subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 1.27 subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 1.28 and 2; 219.55; 219.558; 219.559; 219.56; 219.661; 1.29 219.662; 219.681; 219.69; 219.691; 219.692; 219.695; 1.30 219.70; 219.71; 219.741; 219.743; 219.751; 219.755; 1.31 219.85; 219.97, subdivision 7; 221.011, subdivisions 1.32 2b, 8, 10, 12, 14, 20, 21, 24, 25, 28, 32, 35, 36, 38, 1.33 39, 40, 41, 44, 45, and 46; 221.0313; 221.0315; 1.34 221.051, subdivision 2; 221.072; 221.101; 221.111; 1.35 221.121; 221.123; 221.131, subdivisions 1, 2, 2a, 4, 1.36 and 5; 221.141, subdivision 6; 221.151; 221.152; 1.37 221.153; 221.161; 221.165; 221.171; 221.172, 1.38 subdivisions 3, 4, 5, 6, 7, 8, and 9; 221.185, 1.39 subdivision 9; 221.241; 221.293; 221.296; 221.54; 1.40 221.55; and 222.633. 1.41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.42 Section 1. Minnesota Statutes 1995 Supplement, section 1.43 15A.081, subdivision 1, is amended to read: 2.1 Subdivision 1. [SALARY RANGES.] The governor shall set the 2.2 salary rate within the ranges listed below for positions 2.3 specified in this subdivision, upon approval of the legislative 2.4 coordinating commission and the legislature as provided by 2.5 section 3.855: 2.6 Salary Range 2.7 $57,500-$78,500 2.8 Commissioner of finance; 2.9 Commissioner of children, families, and learning; 2.10 Commissioner of transportation; 2.11 Commissioner of human services; 2.12 Commissioner of revenue; 2.13 Commissioner of public safety; 2.14 Executive director, state board of investment; 2.15 $50,000-$67,500 2.16 Commissioner of administration; 2.17 Commissioner of agriculture; 2.18 Commissioner of commerce; 2.19 Commissioner of corrections; 2.20 Commissioner of economic security; 2.21 Commissioner of employee relations; 2.22 Commissioner of health; 2.23 Commissioner of labor and industry; 2.24 Commissioner of natural resources; 2.25 Commissioner of trade and economic development; 2.26 Chief administrative law judge; office of administrative 2.27 hearings; 2.28 Commissioner, pollution control agency; 2.29 Director, office of environmental assistance; 2.30 Commissioner, housing finance agency; 2.31 Executive director, public employees retirement 2.32 association; 2.33 Executive director, teacher's retirement association; 2.34 Executive director, state retirement system; 2.35 $42,500-$60,000 2.36 Commissioner of human rights; 3.1 Commissioner, department of public service; 3.2 Commissioner of veterans affairs; 3.3 Commissioner, bureau of mediation services; 3.4 Commissioner, public utilities commission; 3.5Member, transportation regulation board;3.6 Ombudsman for corrections; 3.7 Ombudsman for mental health and retardation. 3.8 Sec. 2. Minnesota Statutes 1994, section 169.26, is 3.9 amended by adding a subdivision to read: 3.10 Subd. 4. Subdivisions 1 to 3 apply to all private and 3.11 public railroad crossings within the state. 3.12 Sec. 3. Minnesota Statutes 1994, section 218.031, 3.13 subdivision 8, is amended to read: 3.14 Subd. 8. [ORDERS AND RULES CONSIDERED FAIR AND 3.15 REASONABLE.] In all proceedings under this section, any final 3.16 and duly promulgated material order, rule or directive of the 3.17 commissioneror boardandall schedules of rates, fares or3.18charges fixed by the boardshall be deemed and taken in all 3.19 courts as prima facie fair and reasonable. 3.20 Sec. 4. Minnesota Statutes 1994, section 218.041, 3.21 subdivision 4, is amended to read: 3.22 Subd. 4. [BOARDCOMMISSIONER'S DUTIES UPON PETITION.] 3.23 Theboardcommissioner shall, upon petition:3.24(1) At all points of intersection and crossings of3.25different railroads, or where two railroads are not more than3.26one-half mile apart, and at all terminals, prescribe ample3.27facilities by track connection, joint use of tracks, freight3.28platforms and depots, warehouses, docks over which general3.29merchandise is handled and forwarded, and other necessary3.30appliances and conveniences for the transfer, forwarding and3.31handling of general merchandise and parcel freight between such3.32railroads and between such railroads and such docks, warehouses3.33and vessels at such docks.3.34(2) Determine the proportionate share of each company in3.35the cost of providing connecting and transfer facilities in the3.36event the companies fail to agree.4.1(3) Direct construction, maintenance and operation at any4.2points prescribed by law of all side tracks and reasonable4.3facilities connecting any road with any grain warehouse or mill,4.4dock, wharf, coal yard, quarry, brick or lime kiln, sand or4.5gravel pit, crushed rock or concrete plant, or manufactory4.6adjacent thereto, and prescribe the terms therefor.4.7(4) Prescribe reasonable rules for handling property,4.8passenger, baggage, express and mail, partly over privately4.9owned rights-of-way and partly over highways, so that reasonable4.10and adequate accommodations and service may be afforded.4.11(5) Prescribe the extent to which any designated carrier,4.12upon its petition, may be relieved from the operation of the4.13principles established by section 218.021, subdivision 1,4.14clauses (5), (6) and (7).4.15(6), direct the repair, reconstruction or replacement of 4.16 any inadequate or unsafe trackage, structure or facility. 4.17 Upon receipt of a petition for action pursuant to this 4.18 subdivision theboardcommissioner shall give notice to all 4.19 persons known toitthe commissioner to have an interest in the 4.20 matter and publish notice of the petition in the State 4.21 Register. Theboardcommissioner may grant the petition 30 days 4.22 after notice has been fully made. If theboardcommissioner 4.23 receives a written objection to the petition from any person 4.24 within 20 days after the notice of filing has been fully made, 4.25 the exemption shall be granted or denied only after a contested 4.26 case hearing has been held on the matter. Theboard4.27 commissioner may elect to hold a contested case hearing if no 4.28 objections to the petition or application are received. If a 4.29 timely objection is not received and theboardcommissioner 4.30 declines to act without hearing, the petitioner may request 4.31 within 30 days of receiving a notice of denial, and shall be 4.32 granted, a contested case hearing on the application. 4.33 Sec. 5. Minnesota Statutes 1994, section 218.041, 4.34 subdivision 6, is amended to read: 4.35 Subd. 6. [COMMISSIONER'S POWERS.] In exercising the power 4.36 granted by this chapter, the commissioner may: 5.1 (1) Subpoena books, papers or accounts kept by any 5.2 regulated business within or without the state, or compel 5.3 production of verified copies; 5.4 (2) Prepare all forms or blanks for the purpose of 5.5 obtaining information which the commissioner may deem necessary 5.6 or useful for the proper exercise of the authority and duties of 5.7 the commissioneror the boardin connection with regulated 5.8 businesses, and prescribe the time and manner within which the 5.9 blanks and forms shall be completed and filed; 5.10 (3) Inspect, at all reasonable times, and copy the books, 5.11 records, memoranda, correspondence or other documents and 5.12 records of any business under the commissioner's 5.13 jurisdiction; and 5.14 (4) Examine, under oath, any officer, agent or employee of 5.15 a business under the commissioner's jurisdiction concerningits5.16business and affairsany matter within the commissioner's 5.17 jurisdiction; and5.18(5) Prescribe rules, duly promulgated in accordance with5.19chapter 14, relating to rates, care in handling and other5.20livestock transportation matters. 5.21 Sec. 6. Minnesota Statutes 1994, section 218.071, 5.22 subdivision 1, is amended to read: 5.23 Subdivision 1. [AUTHORITY.] Theboard andcommissioner may 5.24 promulgate rules, orders and directives necessary to carry out 5.25 therespectiveduties conferred onthemthe commissioner by this 5.26 chapter. The rules, orders, and directives may not be contrary 5.27 to United States Code, title 49, sections 10101 to 11917. Every 5.28 duly adopted rule, order or directive of theboard or5.29 commissioner shall have the full force and effect of law. 5.30 Sec. 7. Minnesota Statutes 1994, section 219.074, 5.31 subdivision 1, is amended to read: 5.32 Subdivision 1. [AGREEMENTS; HEARING.] Public officials 5.33 having the necessary authority and a railway company operating 5.34 the railroad may agree to the vacation, relocation, 5.35 consolidation, or separation of grades at grade crossings. If 5.36 agreement cannot be reached concerning the location, manner of 6.1 construction, or a reasonable division of expense, either party 6.2 may file a petition with theboardcommissioner, setting forth 6.3 the facts and submitting the matter toitthe commissioner for 6.4 determination. Theboardcommissioner shall then conduct a 6.5 hearing under chapter 14 and shall apply the rules developed 6.6 under section 219.073 in coming to a determination. The 6.7 commissioner may also bring matters concerning vacation, 6.8 relocation, consolidation, or separation of grades at public 6.9 grade crossings tothe board for determinationhearings. If the 6.10boardcommissioner determines that the vacation, relocation, 6.11 consolidation, or separation is consistent with the standards 6.12 adopted under section 219.073, theboardcommissioner may order 6.13 the crossing vacated, relocated, consolidated, or separated. 6.14 Sec. 8. Minnesota Statutes 1994, section 219.074, 6.15 subdivision 2, is amended to read: 6.16 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 6.1719921996, and on or before July 1 of each of the next four 6.18 years, and as necessary afterward, the commissioner shall 6.19propose to the board a list ofidentify those grade crossings 6.20proposedto be vacated. The list must be developed by applying 6.21 the standards set forth in the rules adopted under section 6.22 219.073. Grade crossings that are part of an abandonment, 6.23 closing, or removalunder section 219.741may not be included in 6.24 the list. Theboardcommissioner shall notify the public 6.25 officials having the necessary authority and the railway 6.26 companies operating the railroads of the proposed vacations. 6.27 Either affected party may request a hearing. If requested, 6.28 theboardcommissioner shallholdschedule a contested case 6.29 hearingapplying in its determinationbefore an administrative 6.30 law judge who shall apply the rules developed under section 6.31 219.073. If after the hearing theboardadministrative law 6.32 judge determines that the vacation is consistent with the 6.33 standards adopted under section 219.073,itthe commissioner may 6.34 order the crossing vacated. If a request for a hearing on a 6.35 particular crossing is not received within 30 days of the 6.36 publication in the State Register, theboardcommissioner shall 7.1 order the crossing vacated. 7.2 Sec. 9. Minnesota Statutes 1994, section 219.14, 7.3 subdivision 1, is amended to read: 7.4 Subdivision 1. [INVESTIGATION.] Theboard on its own7.5motioncommissioner may or upon written complaint authorized by 7.6 the governing body of a city or county, by the board of 7.7 supervisors of a town, or by authorized officers of a subject 7.8 railroad, shall investigate and determine whether a railroad 7.9 crossing over a street or public highway, that is or will be 7.10 opened to public travel, is or will be dangerous to life or 7.11 property. Theboardcommissioner may order thecrossing7.12protectedrailroad company or responsible unit of government to 7.13 protect the crossing in any manneritthe commissioner finds 7.14 reasonable and proper, includingrequiring the company to7.15separate the gradesvacation, consolidation, or separation of 7.16 the grade crossing under section 219.074. 7.17 Sec. 10. Minnesota Statutes 1994, section 219.20, is 7.18 amended by adding a subdivision to read: 7.19 Subd. 1a. [STOP SIGNS AT PRIVATE CROSSINGS.] The 7.20 commissioner may require the installation of a stop sign at any 7.21 private railroad crossing in the state, by rule or by order. 7.22 Sec. 11. Minnesota Statutes 1994, section 219.20, 7.23 subdivision 2, is amended to read: 7.24 Subd. 2. [STOPPING DISTANCES.] When a stop sign has been 7.25 erected at a private or public railroad crossing, the driver of 7.26 a vehicle approachingathe railroad crossing shall stop within 7.27 50 feet, but not less than ten feet, from the nearest track of 7.28 the crossing and shall proceed onlyupon exercising due carein 7.29 accordance with the provisions of section 169.26. 7.30 Sec. 12. Minnesota Statutes 1994, section 219.22, is 7.31 amended to read: 7.32 219.22 [STOP, LOOK, AND LISTEN.] 7.33 Before proceeding acrossthea railroad track at a private 7.34 or public crossing marked with a stop sign, drivers shall bring 7.35 their vehicles to a full stop and ascertain whether or not 7.36 trains are approaching the crossing. 8.1 Sec. 13. Minnesota Statutes 1994, section 219.24, is 8.2 amended to read: 8.3 219.24 [ADDITIONAL SAFEGUARDS.] 8.4 If theboardcommissioner finds in an investigation 8.5 instituteduponby thecommissioner's own motioncommissioner or 8.6 upon complaint and after notice and hearing, that conditions at 8.7 a grade crossing require additional safeguards to protect life 8.8 and property, such as crossing gates or other suitable devices, 8.9 theboardcommissioner shall specify the nature of the devices 8.10 required and may order the railway company operating the 8.11 railroad at the crossing and the road authority to install them. 8.12 Sec. 14. Minnesota Statutes 1994, section 219.402, is 8.13 amended to read: 8.14 219.402 [ADEQUATE CROSSING PROTECTION.] 8.15 Crossing warning devices or improvements installed or 8.16 maintained under this chapter as approved by theboard or the8.17 commissioner or any predecessor, whether by order or otherwise, 8.18 are adequate and appropriate warning for the crossing. 8.19 Sec. 15. Minnesota Statutes 1994, section 219.98, is 8.20 amended to read: 8.21 219.98 [FEES FOR APPLYING FORBOARDORDER.] 8.22 A person other than the state, a state agency, or a 8.23 political subdivision, who applies for an order of theboard8.24relating to clearances under section 219.47, permitting the8.25abandonment or removal of track under section 219.741, or8.26permitting abandonment of a station or discontinuance or8.27reduction of agency service under section 219.85,commissioner 8.28 shall pay, at the time the application is filed, into the state 8.29 treasury a fee of $100.A person other than the state, a state8.30agency, or a political subdivision, applying for an order of the8.31board under any other provision of this chapter shall pay, at8.32the time the application is filed, into the state treasury a fee8.33of $50.8.34 Sec. 16. Minnesota Statutes 1994, section 221.011, 8.35 subdivision 7, is amended to read: 8.36 Subd. 7. [CERTIFICATE.] "Certificate" means the 9.1 certificate of public convenience and necessity issued under 9.2 section 221.071 to a regular route common carrier of passengers 9.3a class I motor carrier, or a petroleum carrier. 9.4 Sec. 17. Minnesota Statutes 1994, section 221.011, 9.5 subdivision 15, is amended to read: 9.6 Subd. 15. [MOTOR CARRIER.] "Motor carrier" means acarrier9.7operating for hire under the authority of this chapter and9.8subject to the rules and orders of the commissioner and the9.9boardperson engaged in the for-hire transportation of property 9.10 or passengers. "Motor carrier" does not include a building 9.11 mover subject to section 221.81, a limousine operator subject to 9.12 section 221.84, or personal transportation service. 9.13 Sec. 18. Minnesota Statutes 1994, section 221.011, is 9.14 amended by adding a subdivision to read: 9.15 Subd. 47. [AIRPORT PASSENGER SERVICE.] "Airport passenger 9.16 service" means any transportation for hire on a prearranged 9.17 reservation basis of passengers by motor vehicle, other than in 9.18 regular route service, to or from an airport. 9.19 Sec. 19. Minnesota Statutes 1994, section 221.011 is 9.20 amended by adding a subdivision to read: 9.21 Subd. 48. [AIRPORT PASSENGER SERVICE CARRIER.] "Airport 9.22 passenger service carrier" means a person who engages in the 9.23 business of transporting the public, on a prearranged 9.24 reservation basis, by motor vehicle, to or from an airport. 9.25 "Airport passenger service carrier" does not include a regular 9.26 route common carrier of passengers. 9.27 Sec. 20. Minnesota Statutes 1994, section 221.021, is 9.28 amended to read: 9.29 221.021 [OPERATION CERTIFICATE OR PERMIT REQUIREDMOTOR 9.30 CARRIER REGISTRATION; SAFETY; SUSPENSION OR CANCELLATION OF 9.31 REGISTRATION.] 9.32 Subdivision 1. [CARRIER REGISTRATION REQUIREMENT.] No 9.33 person may operateas a motor carrieror advertiseor otherwise9.34hold outas a motor carrier without a certificate orpermit9.35 carrier registration in effect.A certificate or permit may be9.36suspended or revoked upon conviction of violating a provision of10.1sections 221.011 to 221.296 or an order or rule of the10.2commissioner or board governing the operation of motor carriers,10.3and upon a finding by the court that the violation was willful.10.4The board may, for good cause after a hearing, suspend or revoke10.5a certificate or permit for a violation of a provision of10.6sections 221.011 to 221.296 or an order issued or rule adopted10.7by the commissioner or board under this chapter.The 10.8 commissioner may suspend, revoke, or deny renewal of a 10.9 certificate or carrier registration for serious or repeated 10.10 violations of this chapter. 10.11 Subd. 2. [REGISTRATION STATEMENT FILING.] A person who 10.12 wishes to operate as a motor carrier, other than a regular route 10.13 common carrier of passengers, in this state must file with the 10.14 commissioner a registration statement on a form prescribed by 10.15 the commissioner. A person shall indicate in the registration 10.16 statement whether the person intends to transport household 10.17 goods or to transport passengers to or from an airport subject 10.18 to the jurisdiction of the metropolitan airports commission. 10.19 Subd. 3. [REGISTRATION RECEIPT ISSUANCE; DURATION.] The 10.20 commissioner shall issue an airport passenger carrier 10.21 certificate of registration or a registration receipt to a motor 10.22 carrier who has filed a registration statement and who complies 10.23 with the financial responsibility requirements in section 10.24 221.141 unless the motor carrier has an unsatisfactory safety 10.25 rating. A photocopy of the carrier's registration receipt must 10.26 be carried in each vehicle operated under the registration and 10.27 must be made available to the department and other law 10.28 enforcement officials upon request. A motor carrier 10.29 registration is not assignable or transferable and is valid 10.30 until it expires or is suspended, revoked, or canceled, 10.31 whichever occurs first. A registration is valid for one year 10.32 from the date issued. 10.33 Subd. 4. [SAFETY REGULATION.] A motor carrier must comply 10.34 with the federal regulations incorporated by reference in 10.35 section 221.0314 unless exempt under section 221.031. 10.36 Subd. 5. [SUSPENSION FOR UNSATISFACTORY SAFETY 11.1 RATING.] The commissioner shall, following the procedures in 11.2 section 221.185, immediately suspend the registration of a motor 11.3 carrier who receives an unsatisfactory safety rating. The 11.4 commissioner shall conduct one follow-up compliance audit to 11.5 determine if the motor carrier's safety rating should be changed 11.6 within 30 days of receiving a written request from the carrier. 11.7 Additional compliance reviews may be conducted at the 11.8 commissioner's discretion. 11.9 Subd. 6. [ANNUAL RENEWAL.] A motor carrier shall renew its 11.10 registration each year on a form prescribed by the 11.11 commissioner. The commissioner shall develop and implement an 11.12 expedited renewal process to minimize the burden on motor 11.13 carriers. 11.14 Sec. 21. [221.0212] [PASSENGER CARRIERS; AUDIT AND 11.15 INSPECTION REQUIRED BEFORE REGISTRATION.] 11.16 Before issuing a registration receipt to a motor carrier of 11.17 passengers under section 221.021 or a certificate under section 11.18 221.071, the commissioner shall: 11.19 (1) conduct an audit of the motor carrier's records; 11.20 (2) inspect the vehicles the carrier intends to use in its 11.21 motor carrier operation to determine if they comply with the 11.22 federal regulations incorporated in section 221.0314; 11.23 (3) verify that the carrier has an established place of 11.24 business which shall mean at a minimum, a permanent enclosed 11.25 commercial building on a permanent foundation, owned or under 11.26 lease by the carrier. The lease shall be for a minimum term of 11.27 one year. The building shall contain an office space where the 11.28 books and files necessary to conduct business and the records 11.29 required by this chapter are kept and maintained with personnel 11.30 available during normal business hours; 11.31 (4) audit the carrier's drivers' criminal background and 11.32 safety records; 11.33 (5) verify compliance with the insurance and bonding 11.34 requirements of section 221.141; and 11.35 (6) in the case of a carrier registered under section 11.36 221.021, collect an initial registration fee of $500. 12.1 Sec. 22. [221.0213] [ANNUAL REGISTRATION AUDIT AND 12.2 INSPECTION REQUIREMENTS.] 12.3 Before issuing an annual renewal registration to a motor 12.4 carrier of passengers under section 221.021 or annually 12.5 registering vehicles under section 221.131, the commissioner 12.6 shall: 12.7 (1) conduct an audit of the motor carrier's records; 12.8 (2) inspect the vehicles the carrier uses in its motor 12.9 carrier operation to determine if they comply with the federal 12.10 regulations incorporated in section 221.0314 or accept for 12.11 filing proof that such an inspection was conducted within the 12.12 previous 30 days by a qualified vehicle inspector certified by 12.13 the department of public safety; 12.14 (3) verify that the carrier has an established place of 12.15 business as defined above; 12.16 (4) audit the carrier's drivers' criminal background and 12.17 safety records; 12.18 (5) verify compliance with the insurance and bonding 12.19 requirements of section 221.141; and 12.20 (6) in the case of a carrier registered under section 12.21 221.021, collect an annual renewal registration fee of $500. 12.22 Sec. 23. [221.0215] [SERVICE RESTRICTIONS.] 12.23 No person may transport household goods for hire without a 12.24 valid registration receipt issued under section 221.021 12.25 indicating that the person has registered to provide household 12.26 goods transportation. 12.27 Sec. 24. Minnesota Statutes 1994, section 221.022, is 12.28 amended to read: 12.29 221.022 [EXCEPTION.] 12.30The powers granted to the board under sections 221.011 to12.31221.296 do not include the powerSection 221.021 does not apply 12.32 toregulateany service or vehicles operated by the metropolitan 12.33 council or toregulatepassenger transportation service provided 12.34 under contract to the department or the metropolitan council. A 12.35 provider of passenger transportation service under contract to 12.36 the department or the metropolitan council may not provide 13.1 charter service, as defined in Code of Federal Regulations, 13.2 title 49, section 604.5, without first havingobtained a permit13.3to operate as a charter carriercomplied with Code of Federal 13.4 Regulations, title 49, part 604. 13.5 Sec. 25. Minnesota Statutes 1994, section 221.025, is 13.6 amended to read: 13.7 221.025 [EXEMPTIONS.] 13.8The provisions of this chapter requiring a certificate or13.9permit to operate as a motor carrier doSection 221.021 does not 13.10 apply to the intrastate transportation described below: 13.11 (a) the transportation of students to or from school or 13.12 school activities in a school bus inspected and certified under 13.13 section 169.451 and the transportation of children or parents to 13.14 or from a Head Start facility or Head Start activity in a Head 13.15 Start bus inspected and certified under section 169.451; 13.16 (b) the transportation of solid waste, as defined in 13.17 section 116.06, subdivision 22, including recyclable materials 13.18 and waste tires, except that the term "hazardous waste" has the 13.19 meaning given it in section 221.011, subdivision 31; 13.20 (c) a commuter van as defined in section 221.011, 13.21 subdivision 27; 13.22 (d) authorized emergency vehicles as defined in section 13.23 169.01, subdivision 5, including ambulances; and tow trucks 13.24 equipped with proper and legal warning devices when picking up 13.25 and transporting (1) disabled or wrecked motor vehicles or (2) 13.26 vehicles towed or transported under a towing order issued by a 13.27 public employee authorized to issue a towing order; 13.28 (e) the transportation of grain samples under conditions 13.29 prescribed by the board; 13.30 (f) the delivery of agricultural lime; 13.31 (g) the transportation of dirt and sod within an area 13.32 having a 50-mile radius from the home post office of the person 13.33 performing the transportation; 13.34 (h) the transportation of sand, gravel, bituminous asphalt 13.35 mix, concrete ready mix, concrete blocks or tile and the mortar 13.36 mix to be used with the concrete blocks or tile, or crushed rock 14.1 to or from the point of loading or a place of gathering within 14.2 an area having a 50-mile radius from that person's home post 14.3 office or a 50-mile radius from the site of construction or 14.4 maintenance of public roads and streets; 14.5 (i) the transportation of pulpwood, cordwood, mining 14.6 timber, poles, posts, decorator evergreens, wood chips, sawdust, 14.7 shavings, and bark from the place where the products are 14.8 produced to the point where they are to be used or shipped; 14.9 (j) the transportation of fresh vegetables from farms to 14.10 canneries or viner stations, from viner stations to canneries, 14.11 or from canneries to canneries during the harvesting, canning, 14.12 or packing season, or transporting sugar beets, wild rice, or 14.13 rutabagas from the field of production to the first place of 14.14 delivery or unloading, including a processing plant, warehouse, 14.15 or railroad siding; 14.16 (k) the transportation of property or freight, other than 14.17 household goods and petroleum products in bulk, entirely within 14.18 the corporate limits of a city or between contiguous cities 14.19 except as provided in section 221.296; 14.20 (l) the transportation of unprocessed dairy products in 14.21 bulk within an area having a 100-mile radius from the home post 14.22 office of the person providing the transportation; 14.23 (m) the transportation of agricultural, horticultural, 14.24 dairy, livestock, or other farm products within an area having a 14.25 25-mile radius from the person's home post office and the 14.26 carrier may transport other commodities within the 25-mile 14.27 radius if the destination of each haul is a farm; 14.28 (n) passenger transportation servicethat is not charter14.29service andthat is under contract to and with operating 14.30 assistance from the department or the metropolitan council; 14.31 (o) the transportation of newspapers, as defined in section 14.32 331A.01, subdivision 5, telephone books, handbills, circulars, 14.33 or pamphlets in a vehicle with a gross vehicle weight of 10,000 14.34 pounds or less; and 14.35 (p) transportation of potatoes from the field of 14.36 production, or a storage site owned or otherwise controlled by 15.1 the producer, to the first place of processing. 15.2 The exemptions provided in this section apply to a person 15.3 only while the person is exclusively engaged in exempt 15.4 transportation. 15.5 Sec. 26. Minnesota Statutes 1995 Supplement, section 15.6 221.031, subdivision 1, is amended to read: 15.7 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 15.8 This subdivision applies to motor carriers engaged in intrastate 15.9 commerce. 15.10 (b) The commissioner shall prescribe rules for the 15.11 operation of motor carriers, including their facilities; 15.12 accounts; leasing of vehicles and drivers; service; safe 15.13 operation of vehicles; equipment, parts, and accessories; hours 15.14 of service of drivers; driver qualifications; accident 15.15 reporting; identification of vehicles; installation of safety 15.16 devices; inspection, repair, and maintenance; and proper 15.17 automatic speed regulators if, in the opinion of the 15.18 commissioner, there is a need for the rules. 15.19 (c) The commissioner shall direct the repair and 15.20 reconstruction or replacement of an inadequate or unsafe motor 15.21 carrier vehicle or facility. The commissioner may require the 15.22 construction and maintenance or furnishing of suitable and 15.23 proper freight terminals, passenger depots, waiting rooms, and 15.24 accommodations or shelters in a city in this state or at a point 15.25 on the highway traversed which the commissioner, after 15.26 investigation by the department, may deem just and proper for 15.27 the protection of passengers or property. 15.28 (d) The commissioner shall require holders ofhousehold15.29goods mover permits, charter carrier permits, andregular route 15.30 passenger carrier certificates to file annual and other reports 15.31 including annual accounts of motor carriers, schedules of rates 15.32 and charges, or other data by motor carriers, regulate motor 15.33 carriers in matters affecting the relationship between them and 15.34 the travelingand shippingpublic, and prescribe other rules as 15.35 may be necessary to carry out the provisions of this chapter. 15.36 (e) A motor carrier subject to paragraph (d) but having 16.1 gross revenues from for-hire transportation in a calendar year 16.2 of less than $200,000 may, at the discretion of the 16.3 commissioner, be exempted from the filing of an annual report, 16.4 if instead the motor carrier files an abbreviated annual report, 16.5 in a form as may be prescribed by the commissioner, attesting 16.6 that the motor carrier's gross revenues did not exceed $200,000 16.7 in the previous calendar year. Motor carrier gross revenues 16.8 from for-hire transportation, for the purposes of this 16.9 subdivision only, do not include gross revenues received from 16.10 the operation of school buses as defined in section 169.01, 16.11 subdivision 6. 16.12 (f) The commissioner shall enforce sections 169.781 to 16.13 169.783. 16.14 (g)The commissioner shall make no rules relating to the16.15granting, limiting, or modifying of permits or certificates of16.16convenience and necessity, which are powers granted to the board.16.17(h)Theboardcommissioner may extend the termini of a 16.18 route or alter or change the route of a regular route common 16.19 carrier upon petition and after finding that public convenience 16.20 and necessity require an extension, alteration, or change. 16.21 Sec. 27. Minnesota Statutes 1994, section 221.0314, 16.22 subdivision 1, is amended to read: 16.23 Subdivision 1. [APPLICABILITY.] (a) Intrastate motor 16.24 carriers, private carriers, and persons providing intrastate 16.25 transportation described in section 221.025, must comply with 16.26 the rules incorporated in this section to the extent required by 16.27sectionsections 221.021 and 221.031. Every carrier and its 16.28 officers, agents, representatives, and employees responsible for 16.29 managing, maintaining, equipping, operating, or driving motor 16.30 vehicles, or hiring, supervising, training, assigning, or 16.31 dispatching drivers, must be instructed in and comply with the 16.32 rules incorporated in this section and shall require that its 16.33 agents, representatives, drivers, and employees comply. 16.34 (b) In the rules incorporated in subdivisions 2 to 11: 16.35 (1) the term "motor carrier" means a carrier required to 16.36 comply with this section by section 221.021 or 221.031; 17.1 (2) a reference to a federal agency or office means the 17.2 Minnesota department of transportation; and 17.3 (3) a reference to a federal administrative officer means 17.4 the commissioner of the Minnesota department of transportation. 17.5 Sec. 28. Minnesota Statutes 1994, section 221.041, 17.6 subdivision 1, is amended to read: 17.7 Subdivision 1. [CONSIDERATIONS; PROCEDURES.] Theboard17.8 commissioner shall fix and establish just, reasonable, and 17.9 nondiscriminatory rates, fares, charges, and the rules and 17.10 classifications incident to tariffs forcertificated carriers17.11 regular route common carriers of passengers. In prescribing 17.12 rates, fares, charges, classifications, and rules for the 17.13 carrying offreight,persons,or property,theboard17.14 commissioner shall take into consideration the effect of the 17.15 proposed rates or fares upon the users of the service and upon 17.16 competitive carriers by motor vehicle and rail and, insofar as 17.17 possible, avoid rates and fares which will result in 17.18 unreasonable and destructive competition. In making its 17.19 determination, theboardcommissioner shall consider, among 17.20 other things, the cost of the service rendered by the carrier, 17.21 including an adequate sum for maintenance and depreciation, and 17.22 an adequate operating ratio under honest, economical, and 17.23 efficient management. No rate or fares may be put into effect 17.24 or changed or altered except upon hearing duly had and an order 17.25 therefor by theboardcommissioner, or except as herein 17.26 otherwise provided. Theboardcommissioner may authorize rate 17.27 changes ex parte which, in its opinion, are not of sufficient 17.28 import to require a hearing. In an emergency, theboard17.29 commissioner may order a change in existing rates or fares 17.30 without a hearing. In instances of ex parte or emergency 17.31 orders, theboardcommissioner shall, within five days, serve a 17.32 copy of its order granting the change in rates upon parties 17.33 which theboardcommissioner deems interested in the matter, 17.34 including competing carriers. An interested party shall have 30 17.35 days from the date of the issuance of the order to object to the 17.36 order. If objection is made, theboardcommissioner shall 18.1 determine whether a hearing is necessary for resolution of the 18.2 material issues relating to the proposed change in rates. On 18.3 finding that a hearing is unnecessary for this purpose, 18.4 theboardcommissioner, no sooner than 30 days after issuing its 18.5 initial order granting the change in rates, may enter an order 18.6 finally disposing of the rate change application. On 18.7 determining otherwise, theboardcommissioner may take final 18.8 action on the rate change application and the objections to it 18.9 only after a contested case hearing has been conducted under 18.10 chapter 14. 18.11 Sec. 29. Minnesota Statutes 1994, section 221.041, 18.12 subdivision 2, is amended to read: 18.13 Subd. 2. [FILING.] Acertificated carrierregular route 18.14 common carrier of passengers, upon approval by theboard18.15 commissioner of its rates, fares, charges, and rules and 18.16 classifications incident to tariffs shall file its rates, fares, 18.17 charges, and tariffs with the commissioner. Filings must be 18.18 prepared and filed in the manner prescribed by the 18.19 commissioner.The commissioner may not accept for filing rates,18.20fares, charges, and tariffs which have not been approved by the18.21board.18.22 Sec. 30. Minnesota Statutes 1994, section 221.041, 18.23 subdivision 3, is amended to read: 18.24 Subd. 3. [PROHIBITIONS; COMPENSATION AND TIME SCHEDULES.] 18.25 Nocertificated carrierregular route common carrier of 18.26 passengers may charge or receive a greater or less or different 18.27 compensation for the transportation of passengersor propertyor 18.28 for service in connection therewith than the rates, fares, and 18.29 charges and the rules and classifications governing the same 18.30 which have been duly approved therefor by order of theboard18.31 commissioner. Acertificated carrierregular route common 18.32 carrier of passengers may not refund or remit in any manner or 18.33 by any device a portion of those rates, fares, and charges 18.34 required to be collected under theboard'scommissioner's order; 18.35 nor extend toa shipper orany person a privilege or facilities 18.36 in connection with the transportation of passengersor property19.1 except as are authorized under the order of theboard19.2 commissioner. No passenger-carrying regular route common 19.3 carrier may alter or change its time schedules except upon order 19.4 of theboardcommissioner. The order may be issued ex parte 19.5 unless theboardcommissioner decides that the public interest 19.6 requires that a hearing be held. 19.7 Sec. 31. Minnesota Statutes 1994, section 221.051, 19.8 subdivision 1, is amended to read: 19.9Subdivision 1. [ABANDONMENT OR DISCONTINUANCE OF SERVICE.]19.10 No regular route common carrier of passengersor class I carrier19.11 may abandon or discontinue any service required under its 19.12 certificate without an order of theboardcommissioner therefor, 19.13 except in cases of emergency or conditions beyond its control. 19.14 Sec. 32. Minnesota Statutes 1994, section 221.061, is 19.15 amended to read: 19.16 221.061 [PETITION FOR CERTIFICATE; FEE; HEARING.] 19.17 A person desiring a certificate authorizing operation as a 19.18 regular route common carrier of passengers, a class I carrier,19.19or petroleum carrier,or an extension of or amendment to that 19.20 certificate, shall file a petition with the commissioner which 19.21 must contain information as theboard andcommissioner, by rule 19.22 may prescribe. 19.23 Upon the filing of a petition for a certificate, the 19.24 petitioner shall pay to the commissioner as a fee for issuing 19.25 the certificate the sum of $300 and for a transfer or lease of 19.26 the certificate the sum of $300. 19.27 The petition must be processed as any other petition. The 19.28boardcommissioner shall cause a copy and a notice of hearing 19.29 thereon to be served upon a competing carrier operating into a 19.30 city located on the proposed route of the petitioner and to 19.31 other persons or bodies politic which theboardcommissioner 19.32 deems interested in the petition. A competing carrier and other 19.33 persons or bodies politic are hereby declared to be interested 19.34 parties to the proceedings. 19.35 If, during the hearing, an amendment to the petition is 19.36 proposed which appears to be in the public interest, theboard20.1 commissioner may allow it when the issues and the territory are 20.2 not unduly broadened by the amendment. 20.3 Sec. 33. Minnesota Statutes 1994, section 221.071, 20.4 subdivision 1, is amended to read: 20.5 Subdivision 1. [CONSIDERATIONS; TEMPORARY CERTIFICATES; 20.6 AMENDING.] If theboardcommissioner finds from the evidence 20.7 that the petitioner is fit and able to properly perform the 20.8 services proposed and that public convenience and necessity 20.9 require the granting of the petition or a part of the 20.10 petition,itthe commissioner shall issue a certificate of 20.11 public convenience and necessity to the petitioner. In 20.12 determining whether a certificate should be issued, theboard20.13 commissioner shall give primary consideration to the interests 20.14 of the public that might be affected, to the transportation 20.15 service being furnished by a railroad which may be affected by 20.16 the granting of the certificate, and to the effect which the 20.17 granting of the certificate will have upon other transportation 20.18 service essential to the communities which might be affected by 20.19 the granting of the certificate. Theboardcommissioner may 20.20 issue a certificate as applied for or issue it for a part only 20.21 of the authority sought and may attach to the authority granted 20.22 terms and conditions as in its judgment public convenience and 20.23 necessity may require. If the petitioner is seeking authority 20.24 to operate regular route transit service wholly within the 20.25 seven-county metropolitan area with operating assistance 20.26 provided by the metropolitan council, theboardcommissioner 20.27 shall consider only whether the petitioner is fit and able to 20.28 perform the proposed service. The operating authority granted 20.29 to such a petitioner must be the operating authority for which 20.30 the petitioner is receiving operating assistance from the 20.31 metropolitan council. A carrier receiving operating assistance 20.32 from the metropolitan council may amend the certificate to 20.33 provide for additional routes by filing a copy of the amendment 20.34 with theboardcommissioner, and approval of the amendmentby20.35the boardis not required if the additional service is provided 20.36 with operating assistance from the metropolitan council. 21.1 Theboardcommissioner may grant a temporary certificate, 21.2 ex parte, valid for a period not exceeding 180 days, upon a 21.3 showing that no regular route common carrieror petroleum21.4carrierof passengers is then authorized to serve on the route 21.5 sought, that no other petition is on file with theboard21.6 commissioner covering the route, and that a need for the 21.7 proposed service exists. 21.8 A certificate may be amended by theboardcommissioner on 21.9 ex parte petition and payment of a $25 fee to the commissioner, 21.10 to grant an additional or alternate route if there is no other 21.11 means of transportation over the proposed additional route or 21.12 between its termini, and the proposed additional route does not 21.13 exceed ten miles in length. 21.14 Sec. 34. Minnesota Statutes 1994, section 221.071, 21.15 subdivision 2, is amended to read: 21.16 Subd. 2. [VEHICLE REGISTRATION.]Certificate carriers21.17 Regular route common carriers of passengers shall annually 21.18 register each vehicle as provided in section 221.131,21.19subdivision 3. 21.20 Sec. 35. Minnesota Statutes 1994, section 221.081, is 21.21 amended to read: 21.22 221.081 [SALE OR LEASE OF CERTIFICATE.] 21.23 Certificates authorizing operations as a regular route 21.24 common carrieror as a petroleum carriermay be sold or leased 21.25 but only upon order of theboardcommissioner approving the same. 21.26 The proposed seller and buyer or lessor and lessee of a 21.27 certificate shall file a joint petition with the commissioner, 21.28 setting forth the names and addresses of the parties, the 21.29 identifying number of the certificate and the description of the 21.30 authority which the parties seek to sell or lease, a short 21.31 statement of the reasons for the proposed sale or lease, a short 21.32 statement of the buyer or lessee's present operating authority, 21.33 if any, a statement of all outstanding claims of creditors which 21.34 are directly attributable to the operations conducted under said 21.35 certificate, a copy of the contract of sale or lease and a 21.36 financial statement with balance sheet and income statement, if 22.1 existent, of the buyer. If it appears to theboardcommissioner 22.2 from the contents of the petition and from the department's 22.3 records, files and investigation of the petition that the 22.4 approval of the sale or lease of the certificate will not 22.5 adversely affect the rights of the users of the service and will 22.6 not have an adverse effect on any other motor carrier, theboard22.7 commissioner may make an ex parte order granting the same. When 22.8 the proposed sale or lease is between persons who are direct 22.9 competitors to a material degree, the petition shall be set down 22.10 for hearing with notice to the communities which may be affected 22.11 by the proposed merger and to any other persons theboard or22.12departmentcommissioner deems to be interested parties. 22.13 Sec. 36. Minnesota Statutes 1994, section 221.091, is 22.14 amended to read: 22.15 221.091 [LIMITATIONS; RELATIONSHIP TO LOCAL REGULATION.] 22.16 No provision insections 221.011 to 221.291 and 221.84 to22.17221.85this chapter shall authorize the use by any carrier of 22.18 any public highway in any city of the first class in violation 22.19 of any charter provision or ordinance of such city in effect 22.20 January 1, 1925, unless and except as such charter provisions or 22.21 ordinance may be repealed after that date; nor shallsections22.22221.011 to 221.291 and 221.84 to 221.85this chapter be 22.23 construed as in any manner taking from or curtailing the right 22.24 of any city to reasonably regulate or control the routing, 22.25 parking, speed or the safety of operation of a motor vehicle 22.26 operated by any carrier underthe terms of those sectionsthis 22.27 chapter, or the general police power of any such city over its 22.28 highways; nor shallsections 221.011 to 221.291 and 221.84 to22.29221.85this chapter be construed as abrogating any provision of 22.30 the charter of any such city requiring certain conditions to be 22.31 complied with before such carrier can use the highways of such 22.32 city and such rights and powers herein stated are hereby 22.33 expressly reserved and granted to such city; but no such city 22.34 shall prohibit or deny the use of the public highways within its 22.35 territorial boundaries by any such carrier for transportation of 22.36 passengers or property received within its boundaries to 23.1 destinations beyond such boundaries, or for transportation of 23.2 passengers or property from points beyond such boundaries to 23.3 destinations within the same, or for transportation of 23.4 passengers or property from points beyond such boundaries 23.5 through such municipality to points beyond the boundaries of 23.6 such municipality, where such operation is pursuant to a 23.7 certificate of convenience and necessity issued by the 23.8 commission, a carrier registration under section 221.021, orto23.9 a permit issuedby the commissionerunder section 221.84 or 23.10 221.85. 23.11 Sec. 37. Minnesota Statutes 1994, section 221.122, is 23.12 amended to read: 23.13 221.122 [COMPLIANCE WITH ORDERS GRANTINGPERMITS OR23.14 CERTIFICATES.] 23.15 Subdivision 1. [REGISTRATION, INSURANCE, AND FILING 23.16 REQUIREMENTS.] An order issued by theboardcommissioner which 23.17 grants a certificateor permitmust contain a service date. The 23.18 person to whom the order granting the certificateor permitis 23.19 issued shall do the following within 45 days from the service 23.20 date of the order: 23.21 (1) register vehicles which will be used to provide 23.22 transportation under thepermit orcertificate with the 23.23 commissioner and pay the vehicle registration fees required by 23.24 law; 23.25 (2) file and maintain insurance or bond as required by 23.26sectionssection 221.141and 221.296and rules of the 23.27 commissionerand board; and 23.28 (3) file rates and tariffs as required bysectionssection 23.29 221.041and 221.161and rules of the commissionerand board. 23.30 Subd. 2. [TIME EXTENSION.] The commissioner may extend the 23.31 time for compliance with the requirements of subdivision 1. The 23.32 person to whom the order was issued shall request the extension 23.33 in writing and shall state the reasons for requesting the 23.34 extension. The commissioner may not grant an extension of more 23.35 than 45 days. 23.36 Subd. 3. [FAILURE TO COMPLY.] An orderof the board24.1 granting a certificateor permit to operate as a motor carrier24.2 takes effect on the date of compliance with the requirements of 24.3 subdivision 1. Failure of the person to whom the order was 24.4 issued to comply with the requirements of subdivision 1 within 24.5 45 days from the service date of the order, or within the 24.6 extended time for compliance if an extension was granted by the 24.7 commissioner, makes the order null and void upon the expiration 24.8 of the time for compliance. 24.9 Sec. 38. Minnesota Statutes 1994, section 221.124, is 24.10 amended to read: 24.11 221.124 [INITIAL MOTOR CARRIER CONTACT PROGRAM.] 24.12 Subdivision 1. [INITIAL MOTOR CARRIER CONTACT.] The 24.13 initial motor carrier contact program consists of an initial 24.14 contact, for educational purposes, between a motor carrier 24.15 required to participate and representatives of the department of 24.16 transportation. The initial contact may be through an 24.17 educational seminar or, at the discretion of the department, 24.18 through a personalmeetingcontact with a representative of the 24.19 department. The initial contact must consist of a discussion of 24.20 the statutes, rules, and regulations that apply to motor 24.21 carriers. Topics discussed must include:carrier authority;24.22the leasing of drivers and vehicles;insurance requirements; 24.23tariffs; annual reports;accident reporting; accident 24.24 counter-measures; identification of vehicles; driver 24.25 qualifications; maximum hours of service of drivers; the safe 24.26 operation of vehicles; equipment, parts, and accessories; and 24.27 inspection, repair, and maintenance, and in the case of regular 24.28 route passenger carriers, must also include authority, tariffs, 24.29 and annual reports. The department shall provide written 24.30 documentation of proof of compliance with the requirements of 24.31 subdivision 2 and shall give a copy of the document to the motor 24.32 carrier. 24.33 Subd. 2. [PARTICIPATION REQUIRED.] Amotorcarrier that 24.34 receives a certificate orpermit fromfirst registers with 24.35 theboard for new authority on orcommissioner afterSeptember24.361, 1991the effective date of this section, shall participate in 25.1 the initial motor carrier contact program. A motor carrier 25.2 required to participate in the program must have in attendance 25.3 at least one motor carrier official having a substantial 25.4 interest or control, directly or indirectly, in or over the 25.5 operations conducted or to be conducted under the certificate or 25.6permitcarrier's registration. 25.7 Subd. 3. [TIME FOR COMPLIANCE.] A motor carrier required 25.8 by subdivision 2 to participate in the program must do so within 25.9 90 days of the service date of the order granting the 25.10 certificate orpermitwithin 90 days of registering. Failure to 25.11 comply with the requirement of subdivision 2 makes the order 25.12 granting the certificate orpermitthe carrier's registration 25.13 void upon expiration of the time for compliance. 25.14 Sec. 39. Minnesota Statutes 1995 Supplement, section 25.15 221.131, is amended to read: 25.16 221.131[CARRIER VEHICLE REGISTRATION; FEES;25.17IDENTIFICATION; CAB CARDS.]25.18Subdivision 1. [PERMIT RENEWAL.] Permits issued under25.19section 221.121 are effective for a 12-month period. A permit25.20holder must renew the permit annually by registration of the25.21vehicles operated under authority of that permit as required by25.22subdivision 2. A permit holder has one annual renewal date25.23encompassing all of the permits held by the holder.25.24Subd. 2. [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.]25.25(a) This subdivision applies only to holders of household goods25.26mover permits and charter carrier permits.25.27(b) The permit holder shall pay an annual registration fee25.28of $40 on each vehicle, including pickup and delivery vehicles,25.29operated by the holder under authority of the permit during the25.3012-month period or fraction of the 12-month period. Trailers25.31and semitrailers used by a permit holder in combination with25.32power units may not be counted as vehicles in the computation of25.33fees under this section if the permit holder pays the fees for25.34power units.25.35(c) The commissioner shall furnish a distinguishing annual25.36identification card for each vehicle or power unit for which a26.1fee has been paid. The identification card must at all times be26.2carried in the vehicle or power unit to which it has been26.3assigned. An identification card may be reassigned to another26.4vehicle or power unit upon application of the permit holder and26.5payment of a transfer fee of $10. An identification card issued26.6under this section is valid only for the period for which the26.7permit is effective.26.8(d) A fee of $10 is charged for the replacement of an26.9unexpired identification card that has been lost.26.10Subd. 2a. [VEHICLE IDENTIFICATION.] The permit holder must26.11be identified on the power unit of each registered vehicle26.12operated under the permit. Vehicles must show the name or the26.13"doing business as" name of the permit holder operating the26.14vehicle and the community and abbreviation of the state in which26.15the permit holder maintains its principal office or in which the26.16vehicle is customarily based. If the permit holder operates a26.17leased vehicle, it may show its name and the name of the lessor26.18on the vehicle, if the lease relationship is clearly shown. If26.19the name of a person other than the operating permit holder26.20appears on the vehicle, the words "operated by" must immediately26.21precede the name of the permit holder. The name and address26.22must be in letters that contrast sharply in color with the26.23background, be readily legible during daylight hours from a26.24distance of 50 feet while the vehicle is stationary, and be26.25maintained in a manner that retains the legibility of the26.26markings. The name and address may be shown by use of a26.27removable device if that device meets the identification and26.28legibility requirements of this subdivision.26.29Subd. 3.[CERTIFICATE CARRIERSREGULAR ROUTE COMMON 26.30 CARRIERS OF PASSENGERS; ANNUAL VEHICLE REGISTRATION.] 26.31 Certificated passenger carriers shall pay an annual registration 26.32 fee of $40 for each vehicle, including pickup and delivery 26.33 vehicles, operated during a calendar year. The commissioner 26.34 shall issue distinguishing identification cardsas provided in26.35subdivision 2which shall be carried at all times in the 26.36 vehicles to which they have been assigned. An identification 27.1 card may be reassigned to another vehicle upon application of 27.2 the carrier and payment of a transfer fee of $10. 27.3Subd. 4. [CARDS; FEES.] The department may issue to27.4carriers subject to subdivision 2 or 3 special "floater"27.5identification cards up to a maximum of five per motor carrier.27.6Floater cards may be freely transferred between vehicles used27.7under short-term leases by the motor carrier. The motor carrier27.8shall pay a fee of $100 for each floater card issued.27.9Subd. 5. [LIMITATION.] The provisions of this section are27.10limited by applicable federal law.27.11 Sec. 40. Minnesota Statutes 1995 Supplement, section 27.12 221.132, is amended to read: 27.13 221.132 [PREPAID TEMPORARY VEHICLE IDENTIFICATION CARDS.] 27.14 The commissioner may issue a prepaid temporary vehicle 27.15 identification card to apermit or certificate holderregular 27.16 route common carrier of passengers subject to section 221.131, 27.17subdivision 2 or 3,for a fee of $5 per card. The card must be 27.18 preprinted by the commissioner with the carrier's name, address, 27.19 andpermit orcertificate number. The card may be used by the 27.20 motor carrier to whom it is issued to identify a vehicle 27.21 temporarily added to its fleet. The card must be executed by 27.22 the motor carrier by dating and signing the card and describing 27.23 the vehicle in which it will be carried. The identification 27.24 card is valid for a period of ten days from the date the motor 27.25 carrier places on the card when the card is executed. The card 27.26 must be used within one year from the date of issuance by the 27.27 commissioner. The card may not be used if thepermit or27.28 certificate is not in full force and effect. The card may not 27.29 be transferred. The commissioner may not refund the cost of 27.30 unused prepaid temporary vehicle identification cards. 27.31 Sec. 41. Minnesota Statutes 1994, section 221.141, 27.32 subdivision 1, is amended to read: 27.33 Subdivision 1. [FINANCIAL RESPONSIBILITY OF CARRIERS.] No 27.34 motor carrierand no, regular route common carrier of 27.35 passengers, or interstate carrier shall operate a vehicle until 27.36 it has obtained and has in effect the minimum amount of 28.1 financial responsibility required by this section. Policies of 28.2 insurance, surety bonds, other types of security, and 28.3 endorsements must be continuously in effect and must remain in 28.4 effect until canceled. Before providing transportation, the 28.5 motor carrier or interstate carrier shall secure and cause to be 28.6 filed with the commissioner and maintain in full effect, a 28.7 certificate of insurance in a form required by the commissioner, 28.8 evidencing public liability insurance in the amount prescribed. 28.9 The insurance must cover injuries and damage to persons or 28.10 property resulting from the operation or use of motor vehicles, 28.11 regardless of whether each vehicle is specifically described in 28.12 the policy. This insurance does not apply to injuries or death 28.13 to the employees of the motor carrier or to property being 28.14 transported by the carrier.The commissioner shall require28.15cargo insurance for certificated carriers, except those carrying28.16passengers exclusively. The commissioner may require a permit28.17carrier to file cargo insurance when the commissioner deems28.18necessary to protect the users of the service.28.19 Notwithstanding any other provision of this chapter, the 28.20 insurance required of a motor carrier of passengers shall not be 28.21 less than that required under Code of Federal Regulations, title 28.22 49, part 387.33, as amended. 28.23 Notwithstanding any other provision of this chapter, a 28.24 motor carrier of passengers shall be required to keep in full 28.25 force and effect and on file with the commissioner a bond with a 28.26 corporate surety to be approved by the commissioner in the 28.27 amount of $50,000. The bond shall be conditioned on the 28.28 faithful performance by the carrier of all passenger 28.29 transportation service the carrier agrees to perform in the 28.30 state and all obligations imposed by the laws of this state, 28.31 including but not limited to, the payment of all taxes, license 28.32 fees, and penalties. The bond shall be for benefit of the state 28.33 of Minnesota and any person suffering monetary loss due to the 28.34 failure of the carrier to meet the obligations enumerated 28.35 above. Proceedings on the forfeiture of the bond shall be 28.36 commenced in the district court of the county in which the 29.1 business premises of the carrier are located. 29.2 Sec. 42. Minnesota Statutes 1994, section 221.141, 29.3 subdivision 4, is amended to read: 29.4 Subd. 4. [HOUSEHOLD GOODS MOVERS.] A household goods mover 29.5 shall maintain in effect cargo insurance or cargo bond in the 29.6 amount of$50,000$100,000 and shall file with the commissioner 29.7 a cargo certificate of insurance or cargo bond. A cargo 29.8 certificate of insurance must conform to Form H, Uniform Motor 29.9 Cargo Certificate of Insurance, described in Code of Federal 29.10 Regulations, title 49, part 1023. A cargo bond must conform to 29.11 Form J, described in Code of Federal Regulations, title 49, part 29.12 1023. Both Form H and Form J are incorporated by reference. 29.13 The cargo certificate of insurance or cargo bond must be issued 29.14 in the full and correct name of the person, corporation, or 29.15 partnership to whom the household goods mover permit was issued 29.16 and whose operations are being insured. 29.17 Sec. 43. Minnesota Statutes 1994, section 221.172, 29.18 subdivision 10, is amended to read: 29.19 Subd. 10. [RETAINED THREE YEARS.] A shipping document or 29.20 record described insubdivisionssubdivision 2to 9, or a copy 29.21 of it, must be retained by the carrier for at least three years 29.22 from the date on the shipping document or record.A carrier may29.23keep a shipping record described in subdivisions 3 to 9 by any29.24technology that prevents the alteration, modification, or29.25erasure of the underlying data and will enable production of an29.26accurate and unaltered paper copy.A carrier shall keep a 29.27 shipping record in a manner that will make it readily accessible 29.28 and shall have a means of identifying and producing a legible 29.29 paper copy for inspection by the commissioner upon request. 29.30 Sec. 44. Minnesota Statutes 1994, section 221.185, is 29.31 amended to read: 29.32 221.185 [SUSPENSION OR CANCELLATION OFOPERATING29.33AUTHORITYCARRIER REGISTRATION.] 29.34 Subdivision 1. [GROUNDS FOR SUSPENSION.]Despite the29.35provisions of section 221.021,A person's registrationauthority29.36to operateas amotorcarrier undersections 221.011 to30.1221.296section 221.021 or certificate issued under section 30.2 221.071 is suspended without a hearing, by order of the 30.3 commissioner, for a period not to exceed 45 daysupon the30.4occurrence of any of the following and upon notice of suspension30.5as provided in subdivision 2: 30.6 (a) if themotorcarrier fails to maintain and file with 30.7 the commissioner, the insurance or bond required bysections30.8 section 221.141and 221.296and the rules of the commissioner; 30.9 or 30.10 (b)the motor carrier fails to renew permits as required by30.11section 221.131;30.12(c)the motor carrier fails to pay annual vehicle 30.13 registration feesor renew permitsas required bysections30.14 section221.071,221.131, and 221.296; or30.15(d) the motor carrier fails to maintain in good standing a30.16protective agent's or private detective's license required under30.17section 221.121, subdivision 6g, paragraph (b), or 221.153,30.18subdivision 3. 30.19 Subd. 2. [NOTICE OF SUSPENSION.] (a) Failure to file and 30.20 maintain insurance, renew permits under section 221.131,or to 30.21 pay annual vehicle registration feesor renew permitsunder 30.22 section221.071,221.131, or 221.296, or to maintain in good30.23standing a protective agent's or private detective's license30.24required under section 221.121, subdivision 6g, or 221.153,30.25subdivision 3,suspends a motor carrier'spermit orcertificate 30.26 or registration two days after the commissioner sends notice of 30.27 the suspension by certified mail, return receipt requested, to 30.28 the last known address of the motor carrier. 30.29 (b) In order to avoid permanent cancellation of thepermit30.30orcertificate or registration, the motor carrier mustdo one of30.31the following, within 45 days from the date of suspension:30.32(1), comply with the law by filing the required insurance 30.33 or bond, renewing permits,or paying vehicle registration fees; 30.34 or 30.35(2)request a hearingbefore the board regarding the30.36failure to comply with the law. 31.1 Subd. 3. [RESCIND SUSPENSION.] If the motor carrier 31.2 complies with the requirements of this chapter within 45 days 31.3 after the date of suspension and pays the required fees, 31.4 including a late vehicle registration fee of $5 for each vehicle 31.5 registered, the commissioner shall rescind the suspension. 31.6 Subd. 3a. [HEARING.] If the motor carrier requests a 31.7 hearing within 45 days after the date of suspension, theboard31.8 commissioner shall review the suspension and: 31.9 (1) determine that the carrier has complied with the law 31.10 and rescind the suspension; 31.11 (2) for just cause, grant an extension which must not 31.12 exceed 20 days; or 31.13 (3) schedule a contested case hearing to ascertain whether 31.14 the carrier has failed to comply with the law. If it is 31.15 determined by the administrative law judge after the hearing 31.16 that the carrier has failed to comply with the law, the 31.17boardcommissioner shall cancel the carrier's suspendedpermit31.18orcertificate or registration. 31.19 Subd. 4. [FAILURE TO COMPLY, CANCELLATION.] Except as 31.20 provided in subdivision 5a, failure to comply with the 31.21 requirements ofsectionssection 221.141and 221.296 relating to31.22bonds and insurance, 221.131 relating to permit renewal,31.23221.071,or 221.131, or 221.296relating to annual vehicle 31.24 registrationor permit renewal, 221.121, subdivision 6g, or31.25221.153, subdivision 3, relating to protective agent or private31.26detective licensure,or to request a hearing within 45 days of 31.27 the date of suspension, is deemed an abandonment of the motor 31.28 carrier'spermit orcertificate or registration and thepermit31.29orcertificate or registration must be canceled by the 31.30 commissioner. 31.31 Subd. 5. [NOTICE OF CANCELLATION.] The commissioner shall 31.32 notify the motor carrier by certified mail, return receipt 31.33 requested, that thepermit orcertificate or registration is 31.34 canceled effective on the date of mailing the notice of 31.35 cancellation. 31.36 Subd. 5a. [REINSTATEMENT AFTER CANCELLATION.] A motor 32.1 carrier whosepermit orcertificate or registration is canceled 32.2 for failure to comply withsectionssection 221.141and 221.29632.3 relating to bonds and insurance may ask theboardcommissioner 32.4 to review the cancellation. Upon review, theboardcommissioner 32.5 shall rescind the cancellation if: (1) the motor carrier 32.6 presents evidence showing that before the effective date of the 32.7 notice of cancellation issued under subdivision 5, the motor 32.8 carrier had obtained and paid for the insurance required 32.9 bysectionssection 221.141and 221.296,and the rules of the 32.10 commissioner, and (2) the commissionerinforms the board32.11 determines that the motor carrier has complied with the 32.12 requirements ofsectionssection 221.141and 221.296and the 32.13 rules of the commissioner. 32.14Subd. 9. [NEW PETITION.] If the holder of a canceled32.15permit or certificate seeks authority to operate as a motor32.16carrier it shall file a petition with the commissioner for a32.17permit or certificate as provided in section 221.061, 221.121,32.18or 221.296, whichever is applicable.32.19 Sec. 45. [221.2212] [CONTESTED CASE HEARINGS.] 32.20 Except in cases involving the transportation of hazardous 32.21 materials or hazardous waste, the decision of an administrative 32.22 law judge is final for purposes of judicial review in a 32.23 contested case proceeding required by this chapter relating to 32.24 the regulation of motor carriers. 32.25 Sec. 46. Minnesota Statutes 1994, section 221.281, is 32.26 amended to read: 32.27 221.281 [VIOLATIONS, PENALTIES.] 32.28 Any regular route common carrieror petroleum carrierof 32.29 passengers, or any officer, agent or employee of any such 32.30 carrier, failing to comply with any final order, decision, rule, 32.31 or directive, or any part or provision thereof, of the 32.32 commissioneror board, or any provision ofsections 221.011 to32.33221.296this chapter, shall be subject to a penalty of$50$500 32.34 for each and every day of such failure, to be recovered for the 32.35 state in a civil action brought by the commissioner. 32.36 Any such carrier granting any special rate, rebate, 33.1 drawback, or directly or indirectly charging, demanding, or 33.2 collecting a greater or less compensation than provided by its 33.3 regular established schedule of rates and charges, shall be 33.4 punished by a fine not exceeding $10,000 for each such offense. 33.5 Sec. 47. Minnesota Statutes 1994, section 221.291, 33.6 subdivision 4, is amended to read: 33.7 Subd. 4. [OPERATING WITHOUT CERTIFICATE ORPERMIT33.8 REGISTRATION.] A person who operates a motor carrier without 33.9 obtaining a requiredcertificatescertificate orpermits to33.10operate as required by this chapterfirst registering under 33.11 section 221.021 is guilty of a misdemeanor, and upon conviction 33.12 shall be fined not less than the maximum fine which may be 33.13 imposed for a misdemeanor for each violation. 33.14 Sec. 48. Minnesota Statutes 1994, section 221.291, 33.15 subdivision 5, is amended to read: 33.16 Subd. 5. [VARIATION OF COMPENSATION RATE.] A person who 33.17 knowingly offers, grants, gives, solicits, accepts, or receives 33.18 a rebate, concession, or discrimination in violation of a 33.19 provision of this chapter, or who by any means knowingly 33.20 assists, requires, or permits a person to obtain or provide 33.21 transportation of personsor propertyfor a greater or lesser or 33.22 different compensation than that approved by order of theboard,33.23or in the case of permit carriers than that filed with the33.24 commissioner, is guilty of a misdemeanor and upon conviction 33.25 shall be fined not less than $200. 33.26 Sec. 49. Minnesota Statutes 1994, section 222.632, is 33.27 amended to read: 33.28 222.632 [RIGHT OF FIRST REFUSAL.] 33.29 A railroad interest that is in bankruptcy proceedings may 33.30 not sell or offer for sale an interest in real property that is 33.31 within the right-of-way, a railroad interest that is abandoning 33.32 a railroad line may not sell or offer for sale an interest in 33.33 real property within the right-of-way to be abandoned, and a 33.34 nonrailroad lessor may not sell or offer for sale an interest in 33.35 real property within the right-of-way with respect to which it 33.36 is a nonrailroad lessor, unless it first extends a written offer 34.1 to sell that interest at a fair market value price to each 34.2 person who is a leaseholder with respect to the property. 34.3 Leaseholders must respond to the offer within 60 days of receipt 34.4 of the notice and the railroad interest must negotiate in good 34.5 faith with an interested leaseholder for a period of 90 days 34.6 following the leaseholder's response.After the 90-day34.7negotiation period, either party may file a notice of dispute34.8with the board under section 222.633.The property may not be 34.9 sold to a party other than the leaseholder during the response 34.10 and negotiation periodsor while a dispute is pending before the34.11board. This section does not apply to a sale of an entire 34.12 operating railroad line by one operating railroad to another for 34.13 the purpose of operating a railroad. 34.14 Sec. 50. Minnesota Statutes 1994, section 231.01, 34.15 subdivision 5, is amended to read: 34.16 Subd. 5. [WAREHOUSE OPERATOR.] The term "warehouse 34.17 operator," as used in this chapter, means and includes every 34.18 corporation, company, association, joint stock company or 34.19 association, firm, partnership, or individual, their trustees, 34.20 assignees, or receivers appointed by any court, controlling, 34.21 operating, or managing within this state directly or indirectly, 34.22 any building or structure, or any part thereof, or any buildings 34.23 or structures, or any other property, and using the same for the 34.24 storage or warehousing of goods, wares, or merchandise for 34.25 compensation, or who shall hold itself out as being in the 34.26 storage or warehouse business, or as offering storage or 34.27 warehouse facilities, or advertise for, solicit or accept goods, 34.28 wares, or merchandise for storage for compensation, but shall 34.29 not include persons, corporations, or other parties 34.30 operating open air storage facilities containing minerals, ores 34.31 or rock products including, but not limited to, aggregates, 34.32 clays, railroad ballast, iron ore, copper ore, nickel ore, 34.33 limestone, coal and salt, or operating grain or cold storage 34.34 warehouses, or storing on a seasonal basis boats, boating 34.35 accessories, recreational vehicles or recreational equipment or 34.36 facilities in which the party storing goods rents and occupies 35.1 space as a tenant and the entire risk of loss is with the tenant 35.2 pursuant to written contract between the landlord and tenant. 35.3 Sec. 51. [INSTRUCTIONS TO REVISOR.] 35.4 Subdivision 1. Except when used in the phrases to be 35.5 changed by the revisor under subdivision 2, the revisor of 35.6 statutes is directed to change the word "board" or "board's" 35.7 when it refers to the transportation regulation board, to the 35.8 term "commissioner," "commissioner's," or "commissioner of 35.9 transportation," as appropriate, for Minnesota Statutes 1996 and 35.10 subsequent editions of the statutes. 35.11 Subd. 2. The revisor of statutes is directed to change the 35.12 phrases "board or commissioner," "commissioner or board," "board 35.13 or the commissioner," "commissioner or the board," "commissioner 35.14 and the board," "commissioner and board," "board and the 35.15 commissioner," "board and commissioner," "department and board," 35.16 "board or department," and "board and the department," when the 35.17 word "board" refers to the transportation regulation board, to 35.18 the term "commissioner," or "commissioner of transportation," as 35.19 appropriate, for Minnesota Statutes 1996 and subsequent editions 35.20 of the statutes. 35.21 Subd. 3. The revisor of statutes is directed to change the 35.22 words "transportation regulation board" to "commissioner of 35.23 transportation" or "commissioner" wherever they appear in 35.24 Minnesota Statutes 1996 and Minnesota Rules, and subsequent 35.25 editions of the statutes and rules. 35.26 Subd. 4. The revisor of statutes shall make other changes 35.27 in chapter titles; section, subdivision, part, and subpart 35.28 headnotes; and in other terminology necessary as a result of the 35.29 enactment of this act. 35.30 Sec. 52. [CONVERSION OF CERTIFICATES AND PERMITS.] 35.31 A motor carrier with a valid certificate or permit other 35.32 than a regular route passenger certificate issued by the 35.33 transportation regulation board before the effective date of 35.34 this section is deemed to have registered under section 17 of 35.35 this act and the commissioner of transportation shall issue a 35.36 registration receipt to the carrier. 36.1 Sec. 53. [TRANSFERRING CARRIER REGULATORY 36.2 RESPONSIBILITIES.] 36.3 Subdivision 1. [TRANSPORTATION REGULATION BOARD.] The 36.4 position of transportation regulation board member and the 36.5 transportation regulation board as previously constituted are 36.6 abolished. 36.7 Subd. 2. [RESPONSIBILITIES TRANSFERRED.] All 36.8 responsibilities, as defined in Minnesota Statutes, section 36.9 15.039, subdivision 1, held by the transportation regulation 36.10 board including but not limited to responsibilities relating to 36.11 administration, regulation, recordkeeping, operating authority, 36.12 permitting, ratemaking, rulemaking, and enforcement of motor 36.13 carrier transportation laws, rules, and regulations relating to 36.14 motor carriers and common carriers by rail are transferred to 36.15 the department of transportation. 36.16 Subd. 3. [COURT ACTIONS.] A proceeding, court action, 36.17 prosecution, or other business or matter pending on the 36.18 effective date of this section may be conducted and completed by 36.19 the department of transportation in the same manner, under the 36.20 same terms and conditions, and with the same effect as though it 36.21 involved or was begun and conducted or completed by the 36.22 transportation regulation board before the transfer. 36.23 Subd. 4. [CONTRACTS; RECORDS.] The transportation 36.24 regulation board shall give the accounts, contracts, books, 36.25 maps, plans, papers, records, documents, and property of every 36.26 description relating to the transferred responsibilities and 36.27 within its jurisdiction or control to the department of 36.28 transportation. The department of transportation shall accept 36.29 the material presented. The transfer must be made in accordance 36.30 with the directions of the department of transportation. 36.31 Subd. 5. [OBLIGATIONS.] The department of transportation 36.32 is the legal successor of the transportation regulation board 36.33 for the responsibilities transferred. On and after the 36.34 effective date of this section, the bonds, resolutions, 36.35 contracts, and liabilities of the transportation regulation 36.36 board relating to the responsibilities transferred become those 37.1 of the department of transportation. 37.2 Subd. 6. [UNEXPENDED FUNDS.] The unexpended balance of 37.3 appropriations to the transportation regulation board for the 37.4 purposes of the responsibilities transferred are reappropriated 37.5 under the same conditions as the original appropriation to the 37.6 department of transportation on the effective date of this 37.7 section. The department of transportation, on and after the 37.8 effective date of this section, shall pay valid claims presented 37.9 against those appropriations. 37.10 Subd. 7. [PERSONNEL.] The classified and unclassified 37.11 positions of the transportation regulation board, except 37.12 positions to which members are appointed by the governor, are 37.13 transferred with their incumbents to the department of 37.14 transportation. The approved complement for the department of 37.15 transportation is increased accordingly. Personnel changes are 37.16 effective on the effective date of this section. This 37.17 subdivision does not change the rights enjoyed before the 37.18 effective date of this section under the managerial or 37.19 commissioner's plan under Minnesota Statutes, section 43A.18, or 37.20 the terms of an agreement between an exclusive representative of 37.21 public employees and the state or one of its appointing 37.22 authorities. 37.23 Sec. 54. [APPROPRIATION.] 37.24 $182,000 is appropriated from the trunk highway fund to the 37.25 commissioner of transportation to carry out the transportation 37.26 regulation responsibilities assigned to the commissioner by this 37.27 act, to be available for the fiscal year ending June 30, 1997. 37.28 Sec. 55. [REPEALER.] 37.29 Minnesota Statutes 1994, sections 174A.01; 174A.02; 37.30 174A.03; 174A.04; 174A.05; 174A.06; 218.021; 218.025; 218.031, 37.31 subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 37.32 subdivisions 1, 2, 7, and 8; 219.383, subdivisions 1 and 2; 37.33 219.55; 219.558; 219.559; 219.56; 219.661; 219.662; 219.681; 37.34 219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 37.35 219.743; 219.751; 219.755; 219.85; 219.97, subdivision 7; 37.36 221.011, subdivisions 2b, 8, 10, 12, 14, 20, 21, 24, 25, 28, 32, 38.1 35, 36, 38, 39, 40, 41, 44, 45, and 46; 221.0313; 221.0315; 38.2 221.051, subdivision 2; 221.072; 221.101; 221.111; 221.121; 38.3 221.123; 221.131, subdivisions 1, 2, 2a, 4, and 5; 221.141, 38.4 subdivision 6; 221.151; 221.152; 221.153; 221.161; 221.165; 38.5 221.171; 221.172, subdivisions 3, 4, 5, 6, 7, 8, and 9; 221.185, 38.6 subdivision 9; 221.241; 221.293; 221.296; 221.54; 221.55; and 38.7 222.633, are repealed. 38.8 Sec. 56. [EFFECTIVE DATE.] 38.9 This act is effective July 1, 1996.