Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 462-H.F.No. 1857 
           An act relating to transportation; providing greater 
          restrictions on eligibility of debarred persons for 
          certain public contracts; exempting provision of 
          passenger transportation service under contract with 
          regional transportation board from some regulation; 
          increasing scope of interstate motor carrier 
          registration agreements; permitting fiber optic cable 
          to be laid along portions of certain interstate 
          highways; amending Minnesota Statutes 1988, section 
          161.315, subdivisions 2 and 3; Minnesota Statutes 1989 
          Supplement, sections 221.022; 221.025; 221.031, 
          subdivision 3a; and 221.601, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 161.315, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] The terms used in this section 
have the meanings given them in this subdivision. 
    (a) "Affiliate" means a predecessor or successor of a 
person under the same or substantially the same control by 
merger, reorganization, or otherwise, who is, or that has as an 
officer or director an individual who is, a relative of the 
person or an individual over whose actions the person exercises 
substantial influence or control, or a group of entities so 
connected or associated that one entity controls or has the 
power to control each of the other entities.  "Affiliate" 
includes the affiliate's principals.  One person's ownership of 
a controlling interest in another entity or a pooling of 
equipment or income among entities is prima facie evidence that 
one entity is an affiliate of another. 
    (b) "Contract crime" means a violation of state or federal 
antitrust law, fraud, theft, embezzlement, bribery, forgery, 
misrepresentation, making false statements, falsification or 
destruction of records, or other criminal offense in connection 
with obtaining, attempting to obtain, or performing a public or 
private contract or subcontract. 
    (c) "Conviction" has the meaning given it in section 
609.02, subdivision 5. 
    (d) "Debar" means to disqualify from receiving a contract 
or from serving as a subcontractor or material supplier as 
provided by Laws 1984, chapter 654, article 2, section 8. 
    (e) "Person" means a natural person or a business, 
corporation, association, partnership, sole proprietorship, or 
other entity formed to do business as a contractor, 
subcontractor, or material supplier and includes an affiliate of 
a person. 
    (f) "Pooling" means a combination of persons engaged in the 
same business or combined for the purpose of engaging in a 
particular business or commercial venture and who all contribute 
to a common fund or place their holdings of a given stock or 
other security in the hand and control of a managing member or 
committee of the combination. 
    (g) "Suspend" means to temporarily disqualify from 
receiving a contract or from serving as a subcontractor or 
material supplier as provided by Laws 1984, chapter 654, article 
2, section 8. 
    (h) "Relative" means an individual related by consanguinity 
within the second degree as determined by the common law, a 
spouse, or an individual related to a spouse within the second 
degree as determined by the common law, and includes an 
individual in an adoptive relationship within the second degree 
as determined by the common law. 
    Sec. 2.  Minnesota Statutes 1988, section 161.315, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROHIBITIONS.] Except as provided in subdivision 
4: 
    (1) neither the commissioner nor a county, town, or home 
rule or statutory city may award or approve the award of a 
contract for goods or services to a person who is suspended or 
debarred; 
    (2) neither the commissioner nor a county, town, or home 
rule or statutory city may award or approve the award of a 
contract for goods or services under which a debarred or 
suspended person will serve as a subcontractor or material 
supplier; and 
    (3) a person to whom a contract for goods or services has 
been awarded may not subcontract with or purchase materials or 
services from a debarred or suspended person for performance of 
that contract.; and 
    (4) when a debarred person sells or otherwise transfers to 
a relative or to any other party over whose actions the debarred 
person exercises substantial influence or control, a business, 
corporation, association, partnership, sole proprietorship, or 
other entity, or an affiliate of the entity, that is ineligible 
by virtue of the debarment to contract with a governmental 
entity, the sold or transferred entity remains ineligible for 
these contracts for the duration of the seller's or transferor's 
debarment. 
    Sec. 3.  Minnesota Statutes 1989 Supplement, section 
221.022, is amended to read: 
    221.022 [METROPOLITAN TRANSIT COMMISSION; EXCEPTION.] 
    The powers granted to the board under sections 221.011 to 
221.296 do not include the power to regulate any service or 
vehicles operated by the metropolitan transit commission or to 
regulate passenger transportation service provided under 
contract to the department or the regional transit board.  A 
provider of passenger transportation service under contract to 
the department or the regional transit board may not provide 
charter service without first having obtained a permit to 
operate as a charter carrier. 
    Sec. 4.  Minnesota Statutes 1989 Supplement, section 
221.025, is amended to read: 
    221.025 [EXEMPTIONS.] 
    Except as provided in sections 221.031 and 221.033, the 
provisions of this chapter do not apply to the intrastate 
transportation described below:  
    (a) the transportation of students to or from school or 
school activities in a school bus inspected and certified under 
section 169.451; 
    (b) the transportation of rubbish as defined in section 
443.27; 
    (c) a commuter van as defined in section 221.011, 
subdivision 27; 
     (d) authorized emergency vehicles as defined in section 
169.01, subdivision 5, including ambulances, and tow trucks when 
picking up and transporting disabled or wrecked motor vehicles 
and when carrying proper and legal warning devices; 
     (e) the transportation of grain samples under conditions 
prescribed by the board; 
      (f) the delivery of agricultural lime; 
      (g) the transportation of dirt and sod within an area 
having a 50-mile radius from the home post office of the person 
performing the transportation; 
      (h) a person while exclusively engaged in the 
transportation of sand, gravel, bituminous asphalt mix, concrete 
ready mix, concrete blocks or tile, or crushed rock to or from 
the point of loading or a place of gathering within an area 
having a 50-mile radius from that person's home post office or a 
50-mile radius from the site of construction or maintenance of 
public roads and streets; 
      (i) the transportation of pulpwood, cordwood, mining 
timber, poles, posts, decorator evergreens, wood chips, sawdust, 
shavings, and bark from the place where the products are 
produced to the point where they are to be used or shipped; 
      (j) a person while engaged exclusively in transporting 
fresh vegetables from farms to canneries or viner stations, from 
viner stations to canneries, or from canneries to canneries 
during the harvesting, canning, or packing season, or 
transporting potatoes, sugar beets, wild rice, or rutabagas from 
the field of production to the first place of delivery or 
unloading, including a processing plant, warehouse, or railroad 
siding; 
     (k) a person engaged in transporting property or freight, 
other than household goods and petroleum products in bulk, 
entirely within the corporate limits of a city or between 
contiguous cities except as provided in section 221.296; 
     (l) the transportation of unprocessed dairy products in 
bulk within an area having a 100-mile radius from the home post 
office of the person providing the transportation; 
     (m) a person engaged in transporting agricultural, 
horticultural, dairy, livestock, or other farm products within 
an area having a 25-mile radius from the person's home post 
office and the carrier may transport other commodities within 
the 25-mile radius if the destination of each haul is a farm; 
    (n) a person providing limousine service that is not 
regular route service in a passenger automobile that is not a 
van, and that has a seating capacity, excluding the driver, of 
not more than 12 persons; 
    (o) passenger transportation service that is not charter 
service and that is under contract to and with operating 
assistance from the department or the regional transit board. 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
221.031, subdivision 3a, is amended to read: 
    Subd. 3a.  [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION 
ASSISTANCE.] Notwithstanding subdivision 3, providers of 
passenger transportation service under contract to and with 
operating assistance from the department or the regional transit 
board must comply with rules of the commissioner for driver 
qualifications, safe operation of vehicles, equipment, parts and 
accessories, maximum hours of service of drivers, inspection, 
repair and maintenance, and accident reporting.  This 
subdivision does not apply to a local transit commission, a 
transit authority created by the legislature, or special 
transportation service certified by the commissioner under 
section 174.30. 
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
221.601, subdivision 1, is amended to read: 
    221.601 [AGREEMENTS WITH OTHER STATES.] 
    Subdivision 1.  [AUTHORITY.] The commissioner may enter 
into agreements with representatives of other states to allow 
the cooperative registration of motor carriers transporting 
property or passengers for hire in interstate commerce.  The 
agreement may authorize representatives of other states to issue 
interstate registration stamps and trip permits,; accept the 
filing of insurance certificates, insurance cancellation 
notices, and interstate commerce commission orders,; issue 
suspension and reinstatement orders or notices; and collect and 
disburse fees prescribed by this chapter.  The agreement may 
allow the exchange of information for audit, reporting, and 
enforcement purposes, and the collection and disbursement of 
fees provided under this chapter and the laws of other states 
that participate in the agreement.  The agreement and all 
amendments must be in writing.  The agreement may provide for 
the gradual adoption of a base state registration system.  It 
may provide that a motor carrier based in another state 
participating in the agreement, that has filed evidence of 
financial responsibility in that state that meets the 
requirements of this chapter and of the agreement, need not file 
evidence of financial responsibility with the commissioner for 
its interstate operations in this state.  
    Sec. 7.  [FIBER OPTIC CABLE ALONG I-94; I-494.] 
    Notwithstanding Minnesota Rules 1989, part 8810.3300, 
subpart 4, a utility, as defined in Minnesota Rules 1989, part 
8810.3100, subpart 4, may lay a fiber optic cable or a conduit 
containing one or more fiber optic cables inside the 
control-of-access lines along the portion of the interstate 
highway designated as I-94 that runs between Maple Grove in 
Hennepin county and St. Cloud in Stearns county, and the portion 
of the interstate highway designated as I-494 that runs between 
Plymouth in Hennepin county and Maple Grove in Hennepin county.  
The commissioner of transportation may impose reasonable 
conditions on the time, place, and manner of the utility's 
installation and maintenance of the cable or conduit and may 
also charge reasonable fees therefor notwithstanding Minnesota 
Statutes, chapters 14 and 16A.  If the cable or conduit must be 
relocated because of reconstruction or maintenance work on an 
interstate highway, the utility shall bear the entire cost of 
the relocation. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day following final 
enactment. 
    Presented to the governor April 19, 1990 
    Signed by the governor April 20, 1990, 10:05 a.m.