Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 77--H.F.No. 838
           An act relating to transportation; conforming with 
          federal requirements allowing a state authority to 
          exercise jurisdiction over intrastate transportation 
          provided by rail carrier; amending Minnesota Statutes 
          1982, sections 218.031, subdivision 1; 218.041, 
          subdivision 2; and 218.071, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 218.031, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as otherwise directed or authorized, 
it shall be the duty of every common carrier: 
     (1) To prescribe in the first instance, and to publish upon 
not less than 20 days' public notice in the case of new or 
increased rates or ten days' public notice in the case of 
reduced rates, in such manner as may be required by the 
commissioner and law, all schedules of rates and charges and 
classifications thereof, together with the rules governing the 
same, and minimum weights for transportation of freight articles 
between points or stations in the state, and terminal and 
switching charges.  A new or changed contract rate shall become 
effective in accordance with the provisions of United States 
Code, title 49, section 10713, as amended through December 31, 
1981.  The board may, for good cause, reduce the notice period 
specified in this clause.  
    (2) To comply with every duly authorized rule, regulation 
or directive of the commissioner or board except as the same may 
be stayed, pending appeal therefrom. 
    (3) To put into effect and observe all schedules of rates 
and charges and classifications and any amendments or changes 
therein duly ordered by the board, except as the same may be 
stayed, pending appeal. 
    (4) To maintain as may be directed by the commissioner for 
public inspection at stations and depots all schedules showing 
all classifications, rates and charges for transportation of 
freight currently in force applying from such station.  Such 
schedules shall state the places between which property will be 
carried and show the classification of freight, the distance 
tariff, a table of distances between stations, any terminal 
charges and any rules or regulations in any way affecting the 
aggregate of such rates and charges. 
     (5) Upon request of an owner or consignor of freight to the 
initial company, whenever the initial line does not reach the 
place of destination, or the distance from the place of origin 
to destination may be shortened, to transfer such freight to a 
connecting line without change in cars if in carload lots, 
except such change be free of charge to the shipper and 
receiver; and to transfer with or without change in cars of less 
than carload lots at a reasonable joint through rate agreed upon 
by the connecting carriers or prescribed by the board, not 
greater than the maximum rates allowed by law, provided any 
unloading and reloading which is necessary shall be at cost and 
the charge for such transfer included in the joint rate. 
     (6) To provide the same switching, transfer and handling 
facilities for local as for interstate traffic. 
     (7) Upon written demand of the owner, to construct, 
maintain and operate side tracks and reasonable facilities 
connecting with any grain warehouse, dock, wharf, mill, coal 
yard, quarry, brick or lime kiln, sand or gravel pit, crushed 
rock or concrete plant or manufactory as may be required by the 
board, and on such terms as may be agreed upon, or, on failure 
of agreement, as may be prescribed by the board. 
    (8) To issue receipts or bills of lading covering all 
property received for transportation from any point in the state 
to any other point in the state, and to respond for any loss, 
damage or injury to such property caused by it or any carrier to 
whom such property may be delivered or over whose line it may 
pass. 
    (9) To refund all overcharges for freight, baggage or 
express, and pay for any loss, damage or injury to property 
while in its possession, within ninety (90) 90 days after the 
filing of a claim for such over-charge, loss or damage. 
    (10) To keep its accounts so as to show, as far as 
practicable, the earnings derived from, and the expenses 
incurred in, handling intrastate business in such form as the 
commissioner shall prescribe, including the separation of 
accounts for each operating division, wholly or partly within 
the state.  Such accounts shall show the total cost of operating 
through trains and the total cost of operating the local or 
distributing trains of each operating division, wholly or partly 
within the state, during the fiscal year to be fixed by the 
commissioner, the total number of tons of revenue and nonrevenue 
freight, the number of tons of each carried one (1) mile on the 
through trains and on the local trains, respectively, the number 
of tons and ton miles of revenue and nonrevenue freight carried 
on through or local trains which are exclusively intrastate, and 
the gross tons and ton miles made by through and local trains on 
each division.  The accounts shall show the total revenue and 
nonrevenue train and engine miles and the total revenue and 
nonrevenue car miles (the nonrevenue car miles to be shown 
loaded and empty separately) produced by such railroad in the 
state in each operating division, the number of each of the 
above train, engine and car mileage produced in handling the 
through trains and in handling the local trains, the total 
locomotive miles produced in switching on each division and such 
further information related to the income or cost of intrastate 
business as the commissioner may require.  The commissioner may 
require such accounts to be kept with reference to the 
intrastate passenger business of each carrier and the train, car 
and engine mileage incurred in such business in this state as he 
may deem necessary. 
     (11) During pendency of any litigation, when rates 
prescribed by the board have not been put into effect, to keep a 
correct account of every charge made by it for any services to 
which such rates apply in excess of the rates prescribed, 
showing in each case the difference between the amount actually 
charged and the amount allowed to be charged, the date of the 
transaction, the stations between which the business was carried 
and the names and addresses of the consignor and consignee, and 
to report such information in full to the board on its request. 
    Sec. 2.  Minnesota Statutes 1982, section 218.041, 
subdivision 2, is amended to read: 
    Subd. 2.  The board shall, in accordance with the 
provisions of United States Code, title 49, sections 10101 to 
11917, as amended through December 31, 1981:  
    (1) Exercise the jurisdiction over common carriers vested 
in the board by law.  
    (2) Review and ascertain the reasonableness and equalities 
of all schedules of rates and charges or any part or 
classification thereof, including joint through rates, and, if 
found unreasonable or discriminatory, establish new schedules 
and prescribe the form and manner of filing, posting and 
publication thereof. 
    (3) Order the issuance of any franchises, permits or 
certificates of convenience and necessity. 
    (4) The board may unite two or more stations or commercial 
centers into a common rate point and fix the mileage that shall 
govern between the common rate point and any or all other points 
in the state.  The distance so fixed shall not apply as a 
measure of the rate for the movement of freight for similar 
distances between other points. 
    (5) Prescribe a schedule of joint through railway rates for 
freight over two or more connecting lines of railway and revise 
the same from time to time.  In so doing, the board shall 
consider, among other things, rates established for shipments 
within this state for like distances over single lines, rates 
charged by the railway companies operating such connecting lines 
for joint interstate shipments, and the increased cost, if any, 
of a joint through shipment as compared with a shipment over a 
single line for like distances.  In establishing rates for 
shipments in less than carload lots, in cases where connecting 
railways are not required to have common stations or stopping 
place for loading or unloading freight at connecting points, the 
board shall regulate the transportation of such freight from the 
usual unloading place of one railway to the usual loading place 
of the other.  The share of any railway company of any joint 
through rates shall not be construed to fix the charge that it 
may make for a similar distance over any part of its line for 
any single rate shipment, or the share of any other joint rate.  
Where the line of a railway company connects the point of 
shipment with the point of destination but would require a 
longer haul than a joint haul for which a joint rate has been 
established, the board may authorize charging the joint rate for 
the single haul without affecting the charge upon any other part 
of its line except that the charge for a like kind of property 
must not be greater for a shorter than for a longer distance 
upon that railroad, all of the shorter hauls being included 
within the longer. 
     (6) Define switching and drayage service to apply to the 
movement of traffic within and between points and fix reasonable 
maximum rates for the same, which shall be independent of any 
rates that may be made for line haul transportation.  If it is 
necessary that any car in such transfer pass over the tracks of 
more than one railroad within such limits, the company first so 
transferring such car shall receive the entire charge therefor 
and be liable to each company doing subsequent switching for its 
just share of such charge as may be agreed upon among the 
companies, or, in the event of disagreement, as prescribed by 
the board. 
     Sec. 3.  Minnesota Statutes 1982, section 218.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  The board and commissioner may promulgate 
rules, orders and directives necessary to carry out the 
respective duties conferred on them by this chapter.  The rules, 
orders, and directives may not be contrary to United States 
Code, title 49, sections 10101 to 11917, as amended through 
December 31, 1981.  Every duly adopted rule, order or directive 
of the board or commissioner shall have the full force and 
effect of law. 
     Sec. 4.  [EFFECTIVE DATE.] 
     Sections 1 to 3 are effective the day following final 
enactment. 
    Approved May 3, 1983