SF 2169

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; 
  3.5      Member, 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  commissioner or board and all schedules of rates, fares or 
  3.18  charges fixed by the board shall 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.  [BOARD COMMISSIONER'S DUTIES UPON PETITION.] 
  3.23  The board commissioner shall, upon petition: 
  3.24     (1) At all points of intersection and crossings of 
  3.25  different railroads, or where two railroads are not more than 
  3.26  one-half mile apart, and at all terminals, prescribe ample 
  3.27  facilities by track connection, joint use of tracks, freight 
  3.28  platforms and depots, warehouses, docks over which general 
  3.29  merchandise is handled and forwarded, and other necessary 
  3.30  appliances and conveniences for the transfer, forwarding and 
  3.31  handling of general merchandise and parcel freight between such 
  3.32  railroads and between such railroads and such docks, warehouses 
  3.33  and vessels at such docks. 
  3.34     (2) Determine the proportionate share of each company in 
  3.35  the cost of providing connecting and transfer facilities in the 
  3.36  event the companies fail to agree. 
  4.1      (3) Direct construction, maintenance and operation at any 
  4.2   points prescribed by law of all side tracks and reasonable 
  4.3   facilities connecting any road with any grain warehouse or mill, 
  4.4   dock, wharf, coal yard, quarry, brick or lime kiln, sand or 
  4.5   gravel pit, crushed rock or concrete plant, or manufactory 
  4.6   adjacent thereto, and prescribe the terms therefor. 
  4.7      (4) Prescribe reasonable rules for handling property, 
  4.8   passenger, baggage, express and mail, partly over privately 
  4.9   owned rights-of-way and partly over highways, so that reasonable 
  4.10  and adequate accommodations and service may be afforded. 
  4.11     (5) Prescribe the extent to which any designated carrier, 
  4.12  upon its petition, may be relieved from the operation of the 
  4.13  principles established by section 218.021, subdivision 1, 
  4.14  clauses (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 the board commissioner shall give notice to all 
  4.19  persons known to it the commissioner to have an interest in the 
  4.20  matter and publish notice of the petition in the State 
  4.21  Register.  The board commissioner may grant the petition 30 days 
  4.22  after notice has been fully made.  If the board commissioner 
  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.  The board 
  4.27  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 the board commissioner 
  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 commissioner or the board in 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 concerning its 
  5.16  business and affairs any matter within the commissioner's 
  5.17  jurisdiction; and 
  5.18     (5) Prescribe rules, duly promulgated in accordance with 
  5.19  chapter 14, relating to rates, care in handling and other 
  5.20  livestock 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.] The board and commissioner may 
  5.24  promulgate rules, orders and directives necessary to carry out 
  5.25  the respective duties conferred on them the 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 the board or 
  5.29  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 the board commissioner, setting forth 
  6.3   the facts and submitting the matter to it the commissioner for 
  6.4   determination.  The board commissioner 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 to the board for determination hearings.  If the 
  6.10  board commissioner determines that the vacation, relocation, 
  6.11  consolidation, or separation is consistent with the standards 
  6.12  adopted under section 219.073, the board commissioner 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, 
  6.17  1992 1996, and on or before July 1 of each of the next four 
  6.18  years, and as necessary afterward, the commissioner shall 
  6.19  propose to the board a list of identify those grade crossings 
  6.20  proposed to 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 removal under section 219.741 may not be included in 
  6.24  the list.  The board commissioner 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  the board commissioner shall hold schedule a contested case 
  6.29  hearing applying in its determination before an administrative 
  6.30  law judge who shall apply the rules developed under section 
  6.31  219.073.  If after the hearing the board administrative law 
  6.32  judge determines that the vacation is consistent with the 
  6.33  standards adopted under section 219.073, it the 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, the board commissioner 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.] The board on its own 
  7.5   motion commissioner 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.  The board commissioner may order the crossing 
  7.12  protected railroad company or responsible unit of government to 
  7.13  protect the crossing in any manner it the commissioner finds 
  7.14  reasonable and proper, including requiring the company to 
  7.15  separate the grades vacation, 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 approaching a the 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 only upon exercising due care in 
  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 across the a 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 the board commissioner finds in an investigation 
  8.5   instituted upon by the commissioner's own motion commissioner 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   the board commissioner 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 the board or the 
  8.17  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 FOR BOARD ORDER.] 
  8.22     A person other than the state, a state agency, or a 
  8.23  political subdivision, who applies for an order of the board 
  8.24  relating to clearances under section 219.47, permitting the 
  8.25  abandonment or removal of track under section 219.741, or 
  8.26  permitting abandonment of a station or discontinuance or 
  8.27  reduction 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 state 
  8.30  agency, or a political subdivision, applying for an order of the 
  8.31  board under any other provision of this chapter shall pay, at 
  8.32  the time the application is filed, into the state treasury a fee 
  8.33  of $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 
  9.3   a 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 a carrier 
  9.7   operating for hire under the authority of this chapter and 
  9.8   subject to the rules and orders of the commissioner and the 
  9.9   board person 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 REQUIRED MOTOR 
  9.30  CARRIER REGISTRATION; SAFETY; SUSPENSION OR CANCELLATION OF 
  9.31  REGISTRATION.] 
  9.32     Subdivision 1.  [CARRIER REGISTRATION REQUIREMENT.] No 
  9.33  person may operate as a motor carrier or advertise or otherwise 
  9.34  hold out as a motor carrier without a certificate or permit 
  9.35  carrier registration in effect.  A certificate or permit may be 
  9.36  suspended or revoked upon conviction of violating a provision of 
 10.1   sections 221.011 to 221.296 or an order or rule of the 
 10.2   commissioner or board governing the operation of motor carriers, 
 10.3   and upon a finding by the court that the violation was willful.  
 10.4   The board may, for good cause after a hearing, suspend or revoke 
 10.5   a certificate or permit for a violation of a provision of 
 10.6   sections 221.011 to 221.296 or an order issued or rule adopted 
 10.7   by 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.] 
 12.30     The powers granted to the board under sections 221.011 to 
 12.31  221.296 do not include the power Section 221.021 does not apply 
 12.32  to regulate any service or vehicles operated by the metropolitan 
 12.33  council or to regulate passenger 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 having obtained a permit 
 13.3   to operate as a charter carrier complied 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.] 
 13.8      The provisions of this chapter requiring a certificate or 
 13.9   permit to operate as a motor carrier do Section 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 service that is not charter 
 14.29  service and that 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 of household 
 15.29  goods mover permits, charter carrier permits, and regular 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 traveling and shipping public, 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 the 
 16.15  granting, limiting, or modifying of permits or certificates of 
 16.16  convenience and necessity, which are powers granted to the board.
 16.17     (h) The board commissioner 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 
 16.27  section sections 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.] The board 
 17.8   commissioner shall fix and establish just, reasonable, and 
 17.9   nondiscriminatory rates, fares, charges, and the rules and 
 17.10  classifications incident to tariffs for certificated carriers 
 17.11  regular route common carriers of passengers.  In prescribing 
 17.12  rates, fares, charges, classifications, and rules for the 
 17.13  carrying of freight, persons, or property, the board 
 17.14  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, the board commissioner 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 the board commissioner, or except as herein 
 17.26  otherwise provided.  The board commissioner 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, the board 
 17.29  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, the board commissioner shall, within five days, serve a 
 17.32  copy of its order granting the change in rates upon parties 
 17.33  which the board commissioner 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, the board commissioner 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   the board commissioner, 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, the board commissioner 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.] A certificated carrier regular route 
 18.14  common carrier of passengers, upon approval by the board 
 18.15  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, 
 18.20  fares, charges, and tariffs which have not been approved by the 
 18.21  board.  
 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  No certificated carrier regular route common carrier of 
 18.26  passengers may charge or receive a greater or less or different 
 18.27  compensation for the transportation of passengers or property or 
 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 the board 
 18.31  commissioner.  A certificated carrier regular 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 the board's commissioner's order; 
 18.35  nor extend to a shipper or any person a privilege or facilities 
 18.36  in connection with the transportation of passengers or property 
 19.1   except as are authorized under the order of the board 
 19.2   commissioner.  No passenger-carrying regular route common 
 19.3   carrier may alter or change its time schedules except upon order 
 19.4   of the board commissioner.  The order may be issued ex parte 
 19.5   unless the board commissioner 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: 
 19.9      Subdivision 1.  [ABANDONMENT OR DISCONTINUANCE OF SERVICE.] 
 19.10  No regular route common carrier of passengers or class I carrier 
 19.11  may abandon or discontinue any service required under its 
 19.12  certificate without an order of the board commissioner 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, 
 19.19  or 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 the board and commissioner, 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 
 19.28  board commissioner 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 the board commissioner 
 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, the board 
 20.1   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 the board commissioner 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, it the 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, the board 
 20.13  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.  The board commissioner 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, the board commissioner 
 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 the board commissioner, and approval of the amendment by 
 20.35  the board is not required if the additional service is provided 
 20.36  with operating assistance from the metropolitan council.  
 21.1      The board commissioner 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 carrier or petroleum 
 21.4   carrier of passengers is then authorized to serve on the route 
 21.5   sought, that no other petition is on file with the board 
 21.6   commissioner covering the route, and that a need for the 
 21.7   proposed service exists. 
 21.8      A certificate may be amended by the board commissioner 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 carriers 
 21.17  Regular route common carriers of passengers shall annually 
 21.18  register each vehicle as provided in section 221.131, 
 21.19  subdivision 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 carrier or as a petroleum carrier may be sold or leased 
 21.25  but only upon order of the board commissioner 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 the board commissioner 
 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, the board 
 22.7   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 the board or 
 22.12  department commissioner 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 in sections 221.011 to 221.291 and 221.84 to 
 22.17  221.85 this 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 shall sections 
 22.22  221.011 to 221.291 and 221.84 to 221.85 this 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 under the terms of those sections this 
 22.27  chapter, or the general police power of any such city over its 
 22.28  highways; nor shall sections 221.011 to 221.291 and 221.84 to 
 22.29  221.85 this 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, or to 
 23.9   a permit issued by the commissioner under 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 GRANTING PERMITS OR 
 23.14  CERTIFICATES.] 
 23.15     Subdivision 1.  [REGISTRATION, INSURANCE, AND FILING 
 23.16  REQUIREMENTS.] An order issued by the board commissioner which 
 23.17  grants a certificate or permit must contain a service date.  The 
 23.18  person to whom the order granting the certificate or permit is 
 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 the permit or certificate 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 
 23.26  sections section 221.141 and 221.296 and rules of the 
 23.27  commissioner and board; and 
 23.28     (3) file rates and tariffs as required by sections section 
 23.29  221.041 and 221.161 and rules of the commissioner and 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 order of the board 
 24.1   granting a certificate or permit to operate as a motor carrier 
 24.2   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 personal meeting contact 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; 
 24.22  the leasing of drivers and vehicles; insurance requirements; 
 24.23  tariffs; 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.] A motor carrier that 
 24.34  receives a certificate or permit from first registers with 
 24.35  the board for new authority on or commissioner after September 
 24.36  1, 1991 the 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 
 25.6   permit carrier'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 or permit within 90 days of registering.  Failure to 
 25.11  comply with the requirement of subdivision 2 makes the order 
 25.12  granting the certificate or permit the 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; 
 25.17  IDENTIFICATION; CAB CARDS.] 
 25.18     Subdivision 1.  [PERMIT RENEWAL.] Permits issued under 
 25.19  section 221.121 are effective for a 12-month period.  A permit 
 25.20  holder must renew the permit annually by registration of the 
 25.21  vehicles operated under authority of that permit as required by 
 25.22  subdivision 2.  A permit holder has one annual renewal date 
 25.23  encompassing all of the permits held by the holder.  
 25.24     Subd. 2.  [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.] 
 25.25  (a) This subdivision applies only to holders of household goods 
 25.26  mover permits and charter carrier permits. 
 25.27     (b) The permit holder shall pay an annual registration fee 
 25.28  of $40 on each vehicle, including pickup and delivery vehicles, 
 25.29  operated by the holder under authority of the permit during the 
 25.30  12-month period or fraction of the 12-month period.  Trailers 
 25.31  and semitrailers used by a permit holder in combination with 
 25.32  power units may not be counted as vehicles in the computation of 
 25.33  fees under this section if the permit holder pays the fees for 
 25.34  power units. 
 25.35     (c) The commissioner shall furnish a distinguishing annual 
 25.36  identification card for each vehicle or power unit for which a 
 26.1   fee has been paid.  The identification card must at all times be 
 26.2   carried in the vehicle or power unit to which it has been 
 26.3   assigned.  An identification card may be reassigned to another 
 26.4   vehicle or power unit upon application of the permit holder and 
 26.5   payment of a transfer fee of $10.  An identification card issued 
 26.6   under this section is valid only for the period for which the 
 26.7   permit is effective. 
 26.8      (d) A fee of $10 is charged for the replacement of an 
 26.9   unexpired identification card that has been lost.  
 26.10     Subd. 2a.  [VEHICLE IDENTIFICATION.] The permit holder must 
 26.11  be identified on the power unit of each registered vehicle 
 26.12  operated under the permit.  Vehicles must show the name or the 
 26.13  "doing business as" name of the permit holder operating the 
 26.14  vehicle and the community and abbreviation of the state in which 
 26.15  the permit holder maintains its principal office or in which the 
 26.16  vehicle is customarily based.  If the permit holder operates a 
 26.17  leased vehicle, it may show its name and the name of the lessor 
 26.18  on the vehicle, if the lease relationship is clearly shown.  If 
 26.19  the name of a person other than the operating permit holder 
 26.20  appears on the vehicle, the words "operated by" must immediately 
 26.21  precede the name of the permit holder.  The name and address 
 26.22  must be in letters that contrast sharply in color with the 
 26.23  background, be readily legible during daylight hours from a 
 26.24  distance of 50 feet while the vehicle is stationary, and be 
 26.25  maintained in a manner that retains the legibility of the 
 26.26  markings.  The name and address may be shown by use of a 
 26.27  removable device if that device meets the identification and 
 26.28  legibility requirements of this subdivision. 
 26.29     Subd. 3.  [CERTIFICATE CARRIERS REGULAR 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 cards as provided in 
 26.35  subdivision 2 which 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.  
 27.3      Subd. 4.  [CARDS; FEES.] The department may issue to 
 27.4   carriers subject to subdivision 2 or 3 special "floater" 
 27.5   identification cards up to a maximum of five per motor carrier.  
 27.6   Floater cards may be freely transferred between vehicles used 
 27.7   under short-term leases by the motor carrier.  The motor carrier 
 27.8   shall pay a fee of $100 for each floater card issued.  
 27.9      Subd. 5.  [LIMITATION.] The provisions of this section are 
 27.10  limited 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 a permit or certificate holder regular 
 27.16  route common carrier of passengers subject to section 221.131, 
 27.17  subdivision 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  and permit or certificate 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 the permit or 
 27.28  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 carrier and 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 require 
 28.15  cargo insurance for certificated carriers, except those carrying 
 28.16  passengers exclusively.  The commissioner may require a permit 
 28.17  carrier to file cargo insurance when the commissioner deems 
 28.18  necessary 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 in subdivisions subdivision 2 to 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 may 
 29.23  keep a shipping record described in subdivisions 3 to 9 by any 
 29.24  technology that prevents the alteration, modification, or 
 29.25  erasure of the underlying data and will enable production of an 
 29.26  accurate 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 OF OPERATING 
 29.33  AUTHORITY CARRIER REGISTRATION.] 
 29.34     Subdivision 1.  [GROUNDS FOR SUSPENSION.] Despite the 
 29.35  provisions of section 221.021, A person's registration authority 
 29.36  to operate as a motor carrier under sections 221.011 to 
 30.1   221.296 section 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 days upon the 
 30.4   occurrence of any of the following and upon notice of suspension 
 30.5   as provided in subdivision 2:  
 30.6      (a) if the motor carrier fails to maintain and file with 
 30.7   the commissioner, the insurance or bond required by sections 
 30.8   section 221.141 and 221.296 and the rules of the commissioner; 
 30.9   or 
 30.10     (b) the motor carrier fails to renew permits as required by 
 30.11  section 221.131; 
 30.12     (c) the motor carrier fails to pay annual vehicle 
 30.13  registration fees or renew permits as required by sections 
 30.14  section 221.071, 221.131, and 221.296; or 
 30.15     (d) the motor carrier fails to maintain in good standing a 
 30.16  protective agent's or private detective's license required under 
 30.17  section 221.121, subdivision 6g, paragraph (b), or 221.153, 
 30.18  subdivision 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 fees or renew permits under 
 30.22  section 221.071, 221.131, or 221.296, or to maintain in good 
 30.23  standing a protective agent's or private detective's license 
 30.24  required under section 221.121, subdivision 6g, or 221.153, 
 30.25  subdivision 3, suspends a motor carrier's permit or certificate 
 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 the permit 
 30.30  or certificate or registration, the motor carrier must do one of 
 30.31  the 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 hearing before the board regarding the 
 30.36  failure 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, the board 
 31.8   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 
 31.17  board commissioner shall cancel the carrier's suspended permit 
 31.18  or certificate 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 of sections section 221.141 and 221.296 relating to 
 31.22  bonds and insurance, 221.131 relating to permit renewal, 
 31.23  221.071, or 221.131, or 221.296 relating to annual vehicle 
 31.24  registration or permit renewal, 221.121, subdivision 6g, or 
 31.25  221.153, subdivision 3, relating to protective agent or private 
 31.26  detective 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's permit or certificate or registration and the permit 
 31.29  or certificate 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 the permit or certificate 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 whose permit or certificate or registration is canceled 
 32.2   for failure to comply with sections section 221.141 and 221.296 
 32.3   relating to bonds and insurance may ask the board commissioner 
 32.4   to review the cancellation.  Upon review, the board commissioner 
 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   by sections section 221.141 and 221.296, and the rules of the 
 32.10  commissioner, and (2) the commissioner informs the board 
 32.11  determines that the motor carrier has complied with the 
 32.12  requirements of sections section 221.141 and 221.296 and the 
 32.13  rules of the commissioner. 
 32.14     Subd. 9.  [NEW PETITION.] If the holder of a canceled 
 32.15  permit or certificate seeks authority to operate as a motor 
 32.16  carrier it shall file a petition with the commissioner for a 
 32.17  permit or certificate as provided in section 221.061, 221.121, 
 32.18  or 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 carrier or petroleum carrier of 
 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  commissioner or board, or any provision of sections 221.011 to 
 32.33  221.296 this 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 OR PERMIT 
 33.8   REGISTRATION.] A person who operates a motor carrier without 
 33.9   obtaining a required certificates certificate or permits to 
 33.10  operate as required by this chapter first 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 persons or property for a greater or lesser or 
 33.22  different compensation than that approved by order of the board, 
 33.23  or in the case of permit carriers than that filed with the 
 33.24  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-day 
 34.7   negotiation period, either party may file a notice of dispute 
 34.8   with 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 periods or while a dispute is pending before the 
 34.11  board.  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.