1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; continuing the uniform 1.3 program for registration and permitting of intrastate 1.4 carriers of hazardous materials; eliminating 1.5 requirement of criminal background check; imposing a 1.6 fee; amending Minnesota Statutes 1996, section 1.7 221.0355, subdivision 4; Minnesota Statutes 1997 1.8 Supplement, section 221.0355, subdivision 5; Laws 1.9 1994, chapter 589, section 8, as amended; repealing 1.10 Minnesota Statutes 1996, sections 221.0335 and 1.11 221.035; Minnesota Statutes 1997 Supplement, section 1.12 221.0355, subdivision 15; Laws 1997, chapter 230, 1.13 section 24; Minnesota Rules, parts 8870.0100; 1.14 8870.0200; 8870.0300; 8870.0400; 8870.0500; 8870.0600; 1.15 8870.0700; 8870.0800; 8870.0900; 8870.1000; and 1.16 8870.1100. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. Minnesota Statutes 1996, section 221.0355, 1.19 subdivision 4, is amended to read: 1.20 Subd. 4. [HAZARDOUS MATERIAL REGISTRATION AND PERMIT.] (a) 1.21 A carrier with its principal place of business in Minnesota or 1.22 that designates Minnesota as its base state, shall register its 1.23 hazardous material transportation with and obtain a permit from 1.24 the commissioner before transporting a hazardous material or 1.25 hazardous waste in Minnesota. A carrier that designates another 1.26 participating state as its base state shall register its 1.27 hazardous material transportation with and obtain a permit from 1.28 that state before transporting a hazardous material or hazardous 1.29 waste in Minnesota. 1.30 (b) A carrier who engages in the interstate transportation 1.31 of a hazardous material and who is required to register its 2.1 hazardous material transportation in Minnesota shall file parts 2.2 I and II of the uniform application with the commissioner and 2.3 pay an administrative processing fee of $50 and an apportioned 2.4 vehicle registration fee. The amount of the apportioned vehicle 2.5 registration fee must be calculated under subdivision 6. A 2.6 carrier who engages only in the intrastate transportation of a 2.7 hazardous material, excluding hazardous waste, and who is 2.8 required to register its hazardous material transportation in 2.9 Minnesota shall file part I of the uniform application, pay a 2.10 vehicle registration fee of $15 for each vehicle it operates, 2.11 and pay no apportioned fee. 2.12 (c) Upon a carrier's compliance with this subdivision, the 2.13 commissioner shall issue a notice of registration form and a 2.14 permit to the carrier. A notice of registration form must 2.15 include a company registration number. A registration is valid 2.16 for one year from the date a notice of registration form is 2.17 issued and a permit is valid for three years from the date 2.18 issued or until a carrier fails to renew its registration, 2.19 whichever occurs first. 2.20 (d) A registered carrier shall maintain a copy of the 2.21 notice of registration form and the permit in each vehicle it 2.22 uses to transport a hazardous material or hazardous waste. 2.23 (e) A carrier with a permit shall annually certify that its 2.24 current operations are not substantially different from its 2.25 operations on the date it obtained its permit and shall 2.26 recertify its compliance with applicable laws and regulations in 2.27 part II of the uniform application when it renews its 2.28 registration under this subdivision. Failure to comply with the 2.29 certifications in part II is prohibited. 2.30 Sec. 2. Minnesota Statutes 1997 Supplement, section 2.31 221.0355, subdivision 5, is amended to read: 2.32 Subd. 5. [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 2.33 with its principal place of business in Minnesota or who 2.34 designates Minnesota as its base state shall file a disclosure 2.35 statement with and obtain a permit from the commissioner that 2.36 specifically authorizes the transportation of hazardous waste 3.1 before transporting a hazardous waste in Minnesota. A carrier 3.2 that designates another participating state as its base state 3.3 shall file a disclosure statement with and obtain a permit from 3.4 that state that specifically authorizes the transportation of 3.5 hazardous waste before transporting a hazardous waste in 3.6 Minnesota. A registration is valid for one year from the date a 3.7 notice of registration form is issued and a permit is valid for 3.8 three years from the date issued or until a carrier fails to 3.9 renew its registration, whichever occurs first. 3.10 (b) A disclosure statement must include the information 3.11 contained in part III of the uniform application.
A person who3.12 has direct management responsibility for a carrier's hazardous3.13 waste transportation operations shall submit a full set of the3.14 person's fingerprints, with the carrier's disclosure statement,3.15 for identification purposes and to enable the commissioner to3.16 determine whether the person has a criminal record. The3.17 commissioner shall send the person's fingerprints to the Federal3.18 Bureau of Investigation and shall request the bureau to conduct3.19 a check of the person's criminal record.The commissioner shall 3.20 not issue a notice of registration or permit to a hazardous 3.21 waste transporter who has not made a full and accurate 3.22 disclosure of the required information or paid the fees required 3.23 by this subdivision. Making a materially false or misleading 3.24 statement in a disclosure statement is prohibited. 3.25 (c) The commissioner shall assess a carrier the actual 3.26 costs incurred by the commissioner for conducting the uniform 3.27 program's required investigation of the information contained in 3.28 a disclosure statement. 3.29 (d) A permit under this subdivision becomes a license under3.30 section 221.035, subdivision 1, on August 1, 1998, and is3.31 subject to the provisions of section 221.035 until it expires.3.32 Sec. 3. Laws 1994, chapter 589, section 8, as amended by 3.33 Laws 1996, chapter 455, article 3, section 33, and Laws 1997, 3.34 chapter 230, section 23, is amended to read: 3.35 Sec. 8. [REPEALER.] 3.36 Minnesota Statutes 1992, section 221.033, subdivision 4, is 4.1 repealed. Section 5 is repealed effective August 1, 1998.4.2 Sec. 4. [REPEALER.] 4.3 (a) Minnesota Statutes 1996, sections 221.0335 and 221.035; 4.4 Minnesota Statutes 1997 Supplement, section 221.0355, 4.5 subdivision 15; and Laws 1997, chapter 230, section 24, are 4.6 repealed. 4.7 (b) Minnesota Rules, parts 8870.0100; 8870.0200; 8870.0300; 4.8 8870.0400; 8870.0500; 8870.0600; 8870.0700; 8870.0800; 4.9 8870.0900; 8870.1000; and 8870.1100, are repealed. 4.10 Sec. 5. [EFFECTIVE DATE.] 4.11 Sections 1 to 4 are effective the day following final 4.12 enactment.