SF 2869

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 09/27/2018 08:41am

A bill for an act
relating to transportation; modifying tariff requirements for certain motor carriers;
amending Minnesota Statutes 2016, sections 174.66; 221.036, subdivisions 1, 3;
221.122, subdivision 1; 221.161, subdivision 1, by adding a subdivision; 221.171,
subdivision 1; repealing Minnesota Statutes 2016, section 221.161, subdivisions
2, 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 174.66, is amended to read:

174.66 CONTINUATION OF CARRIER RULES.

(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

(1) section 218.041 except rules related to the form and manner of filing railroad rates,
railroad accounting rules, and safety rules;

(2) section 219.40;

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1; and

(4) rules relating to rates, charges, and practices under section 221.161, subdivision 4;
and

(5) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under
section 221.121.

(b) The commissioner shall review the transferred rules, orders, and directives and, when
appropriate, develop and adopt new rules, orders, or directives.

Sec. 2.

Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:

Subdivision 1.

Order.

The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5)
a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway
grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous
waste, motor carrier operations, or insurance, or tariffs and accounting. An order must be
issued as provided in this section.

Sec. 3.

Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:

Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations identified during a single audit or
investigation of (1) section 221.021;, 221.141;, or 221.171, or (2) rules of the commissioner
relating to motor carrier operations, or insurance, or tariffs and accounting, identified during
a single inspection, audit, or investigation.

(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land,
or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the violation;
and

(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:

(1) a driver who is convicted of a violation of an out-of-service order;

(2) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order; or

(3) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.

Sec. 4.

Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:

Subdivision 1.

Registration, insurance, and filing requirements.

(a) An order issued
by the commissioner which grants a certificate or permit must contain a service date.

(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:

(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law; and

(2) file and maintain insurance or bond as required by section 221.141 and rules of the
commissioner; and.

(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.

Sec. 5.

Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:

Subdivision 1.

Filing; hearing upon commissioner initiative Tariff maintenance and
contents.

A household goods carrier mover shall file and maintain with the commissioner
a tariff showing rates and charges for transporting household goods. Tariffs must be prepared
and filed in accordance with the rules of the commissioner. When tariffs are filed in
accordance with the rules and accepted by the commissioner, the filing constitutes notice
to the public and interested parties of the contents of the tariffs. The commissioner shall not
accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory, unduly
preferential or prejudicial, or otherwise in violation of this section or rules adopted under
this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory, unduly
preferential or prejudicial, or otherwise in violation of this section or rules adopted under
this section, after notification and investigation by the department, the commissioner may
suspend and postpone the effective date of the tariffs and assign the tariffs for hearing upon
notice to the household goods carrier filing the proposed tariffs and to other interested
parties, including users of the service and competitive carriers by motor vehicle and rail.
At the hearing, the burden of proof is on the household goods carrier filing the proposed
tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and
subsequent supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period of time is reduced
by special permission of the commissioner. A household goods mover must prepare a tariff
under this section in accordance with Code of Federal Regulations, title 49, part 1310.3,
which is incorporated by reference.

Sec. 6.

Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision to
read:

Subd. 5.

Tariff availability.

(a) A household goods mover subject to this section must
maintain all of its effective tariffs at its principal place of business and at each of its terminal
locations, and must make the tariffs available to the public for inspection at all times the
household goods mover is open for business. Any publication referred to in a tariff must be
maintained with that tariff.

(b) Upon request, a household goods mover must provide copies of tariffs, specific tariff
provisions, or tariff subscriptions to the commissioner or any interested person.

Sec. 7.

Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:

Subdivision 1.

Compensation fixed by schedule on file.

No A household goods carrier
shall mover must not charge or receive a greater, lesser, or different compensation for the
transportation of persons or property or for related service, provided than the rates and
charges named in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissioner specified in the tariff under section 221.161; nor shall.
A household goods carrier mover must not refund or remit in any manner or by any device,
directly or indirectly, the rates and charges required to be collected by the carrier mover
under the carrier's mover's schedules or under the rates, if any, fixed by the commissioner.

Sec. 8. REPEALER.

Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4, are repealed.

APPENDIX

Repealed Minnesota Statutes: S2869-2

221.161 SCHEDULE OF RATES AND CHARGES.

No active language found for: 221.161.2

No active language found for: 221.161.3

No active language found for: 221.161.4