SF 2261

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

A bill for an act
relating to transportation; repealing provisions relating to the filing of tariffs
by household goods movers; amending Minnesota Statutes 2008, sections
221.0252, subdivision 7; 221.036, subdivisions 1, 3; 221.221, subdivision
3; 221.251, subdivision 1; Minnesota Statutes 2009 Supplement, sections
174.66; 221.026, subdivision 2; 221.031, subdivision 1; 221.122, subdivision
1; repealing Minnesota Statutes 2008, sections 221.161, subdivisions 2, 3;
221.291, subdivision 5; Minnesota Statutes 2009 Supplement, sections 221.161,
subdivisions 1, 4; 221.171; Minnesota Rules, parts 7805.0300; 7805.0400.

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

Section 1.

Minnesota Statutes 2009 Supplement, 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174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of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and continue in force and effect until repealed, modified, or superseded by duly authorized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;

(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
in a corporation holding authority to operate as a permit carrier as prescribed in section
221.151, subdivision 1; new text begin and
new text end

deleted text begin (5) rules relating to rates, charges, and practices under section 221.161, subdivision
4; and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end rules relating to rates, tariffs, or the granting, limiting, or modifying of
permits under sections 221.121 and 221.151.

(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 2008, section 221.0252, subdivision 7, is amended to read:

Subd. 7.

Exemptions from regulation.

Notwithstanding any other law, motor
carriers of passengers are exempt from sections 221.121; 221.122; 221.123; new text begin and new text end 221.151 deleted text begin ;
221.161; and 221.171 deleted text end .

Sec. 3.

Minnesota Statutes 2009 Supplement, section 221.026, subdivision 2, is
amended to read:

Subd. 2.

Exemptions from requirements.

Notwithstanding any other law, a motor
carrier of property is exempt from sections 221.021; 221.121; 221.122; 221.123; 221.131;
221.132; 221.151; deleted text begin 221.161; deleted text end 221.172, subdivision 3; and 221.185, except as provided in
subdivision 4. The exemptions in this subdivision do not apply to a motor carrier of
property while transporting household goods.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 221.031, subdivision 1, is
amended to read:

Subdivision 1.

Powers, duties, rules, filings.

(a) This subdivision applies to motor
carriers engaged in intrastate commerce.

(b) The commissioner shall prescribe rules for the operation of motor carriers,
including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
qualifications; accident reporting; identification of vehicles; installation of safety devices;
inspection, repair, and maintenance; and proper automatic speed regulators if, in the
opinion of the commissioner, there is a need for the rules.

(c) The commissioner shall direct the repair and reconstruction or replacement of
an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
the construction and maintenance or furnishing of suitable and proper freight terminals,
passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
at a point on the highway traversed which the commissioner, after investigation by the
department, may deem just and proper for the protection of passengers or property.

(d) The commissioner shall (1) deleted text begin require holders of household goods mover permits
to file schedules of rates and charges, (2) deleted text end regulate motor carriers in matters affecting the
relationship between them and the traveling and shipping public, and deleted text begin (3) deleted text end new text begin (2) new text end prescribe
other rules as may be necessary to carry out the provisions of this chapter.

(e) The commissioner shall enforce sections 169.781 to 169.783.

Sec. 5.

Minnesota Statutes 2008, 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 221.151; (4)
deleted text begin section 221.171; (5) deleted text end section 221.141; deleted text begin (6) deleted text end new text begin (5) new text end a federal, state, or local law, regulation,
rule, or ordinance pertaining to railroad-highway grade crossings; or deleted text begin (7) deleted text end new text begin (6) new text end rules of the
commissioner relating to the transportation of hazardous waste, motor carrier operations,
insurance, or deleted text begin tariffs and deleted text end accounting. An order must be issued as provided in this section.

Sec. 6.

Minnesota Statutes 2008, 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 of section 221.021; 221.141;
new text begin or new text end 221.151 deleted text begin ; or 221.171 deleted text end , or rules of the commissioner relating to motor carrier operations,
insurance, or deleted text begin tariffs and deleted text end 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. 7.

Minnesota Statutes 2009 Supplement, 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; new text begin and
new text end

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

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

Sec. 8.

Minnesota Statutes 2008, section 221.221, subdivision 3, is amended to read:

Subd. 3.

Delegated powers.

Representatives of the department to whom authority
has been delegated by the commissioner for the purpose of enforcing sections 169.781 to
169.783 deleted text begin and 221.171 deleted text end and the rules, orders, or directives of the commissioner adopted or
issued under those sections, and for no other purpose, shall have the powers conferred by
law upon police officers. The representatives of the department have the power to inspect
records, logs, freight bills, bills of lading, or other documents which may provide evidence
to determine compliance with sections 169.781 to 169.783 deleted text begin and 221.171 deleted text end .

Sec. 9.

Minnesota Statutes 2008, section 221.251, subdivision 1, is amended to read:

Subdivision 1.

Refund within 90 days.

Charges for freight, baggage, or express
collected by a motor carrier over what the carrier is entitled to receive deleted text begin under the lawful
tariff or classification deleted text end must be refunded by the carrier within 90 days after a claim is filed,
provided that a claim is filed as provided in this section.

Sec. 10. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 221.161, subdivisions 2 and 3; and 221.291,
subdivision 5, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, sections 221.161, subdivisions 1 and 4;
and 221.171, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, parts 7805.0300; and 7805.0400, new text end new text begin are repealed.
new text end