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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 230-H.F.No. 241 
                  An act relating to motor carriers; allowing personnel 
                  of departments of transportation and public safety to 
                  conduct joint or combined audits of motor carrier 
                  records; requiring commissioner of public safety to 
                  provide commissioner of transportation information on 
                  traffic accidents involving commercial motor vehicles; 
                  providing for enforcement authority of personnel of 
                  departments of transportation and public safety 
                  relating to motor carriers; modifying requirements to 
                  obtain restricted driver's license for farm work; 
                  conforming state statutes to federal motor carrier 
                  safety regulations; providing for the reauthorization 
                  of the uniform hazardous materials registration and 
                  permit program for an additional year; authorizing 
                  commissioner of transportation to accept electronic 
                  signatures for electronically transmitted motor 
                  carrier documents; providing immunity from civil 
                  liability for certain disclosures by motor carrier 
                  employers; providing for hazardous waste transporter 
                  licensing under state law; amending Minnesota Statutes 
                  1996, sections 168.187, subdivision 20; 169.09, 
                  subdivision 13; 169.85; 169.871, subdivisions 1 and 
                  1a; 171.041, as amended; 221.0314, subdivisions 1, 2, 
                  6, 7, 9, 10, and 11; 221.0355, subdivisions 5 and 15; 
                  221.221, subdivisions 2 and 4; 296.17, subdivision 18; 
                  296.171, subdivision 4; and 299D.06; Laws 1994, 
                  chapter 589, section 8, as amended; proposing coding 
                  for new law in Minnesota Statutes, chapter 221. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 168.187, 
        subdivision 20, is amended to read: 
           Subd. 20.  [JOINT OR RECIPROCAL AUDITS.] The commissioner 
        of public safety may make arrangements with the commissioner of 
        transportation and with agencies of other states administering 
        motor vehicle registration laws for joint or reciprocal audits 
        of any owner. 
           Sec. 2.  Minnesota Statutes 1996, section 169.09, 
        subdivision 13, is amended to read: 
           Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
        APPROPRIATION.] (a) All written reports and supplemental reports 
        required under this section shall be for the use of the 
        commissioner of public safety and other appropriate state, 
        federal, county, and municipal governmental agencies for 
        accident analysis purposes, except: 
           (1) the commissioner of public safety or any law 
        enforcement agency shall, upon written request of any person 
        involved in an accident or upon written request of the 
        representative of the person's estate, surviving spouse, or one 
        or more surviving next of kin, or a trustee appointed pursuant 
        to section 573.02, disclose to the requester, the requester's 
        legal counsel, or a representative of the requester's insurer 
        the report required under subdivision 8; 
           (2) the commissioner of public safety shall, upon written 
        request, provide the driver filing a report under subdivision 7 
        with a copy of the report filed by the driver; 
           (3) the commissioner of public safety may verify with 
        insurance companies vehicle insurance information to enforce 
        sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
           (4) the commissioner of public safety may give to shall 
        provide the commissioner of transportation the name and address 
        of a carrier subject to section 221.031 for use in enforcing the 
        information obtained for each traffic accident report 
        requirements under chapter 221 involving a commercial motor 
        vehicle, for purposes of administering commercial vehicle safety 
        regulations; and 
           (5) the commissioner of public safety may give to the 
        United States Department of Transportation commercial vehicle 
        accident information in connection with federal grant programs 
        relating to safety. 
           (b) Accident reports and data contained in the reports 
        shall not be discoverable under any provision of law or rule of 
        court.  No report shall be used as evidence in any trial, civil 
        or criminal, arising out of an accident, except that the 
        commissioner of public safety shall furnish upon the demand of 
        any person who has, or claims to have, made a report, or, upon 
        demand of any court, a certificate showing that a specified 
        accident report has or has not been made to the commissioner 
        solely to prove compliance or failure to comply with the 
        requirements that the report be made to the commissioner. 
           (c) Nothing in this subdivision prevents any person who has 
        made a report pursuant to this section from providing 
        information to any persons involved in an accident or their 
        representatives or from testifying in any trial, civil or 
        criminal, arising out of an accident, as to facts within the 
        person's knowledge.  It is intended by this subdivision to 
        render privileged the reports required, but it is not intended 
        to prohibit proof of the facts to which the reports relate. 
           (d) Disclosing any information contained in any accident 
        report, except as provided in this subdivision, section 13.82, 
        subdivision 3 or 4, or other statutes, is a misdemeanor. 
           (e) The commissioner of public safety may charge authorized 
        persons a $5 fee for a copy of an accident report. 
           (f) The commissioner and law enforcement agencies may 
        charge commercial users who request access to response or 
        incident data relating to accidents a fee not to exceed 50 cents 
        per report.  "Commercial user" is a user who in one location 
        requests access to data in more than five accident reports per 
        month, unless the user establishes that access is not for a 
        commercial purpose.  Money collected by the commissioner under 
        this paragraph is appropriated to the commissioner. 
           Sec. 3.  Minnesota Statutes 1996, section 169.85, is 
        amended to read: 
           169.85 [WEIGHING; PENALTY.] 
           The driver of a vehicle which has been lawfully stopped may 
        be required by a peace an officer to submit the vehicle and load 
        to a weighing by means of portable or stationary scales, and the 
        peace officer may require that the vehicle be driven to the 
        nearest available scales if the distance to the scales is no 
        further than five miles, or if the distance from the point where 
        the vehicle is stopped to the vehicle's destination is not 
        increased by more than ten miles as a result of proceeding to 
        the nearest available scales.  Official traffic control devices 
        as authorized by section 169.06 may be used to direct the driver 
        to the nearest scale.  When a truck weight enforcement operation 
        is conducted by means of portable or stationary scales and signs 
        giving notice of the operation are posted within the highway 
        right-of-way and adjacent to the roadway within two miles of the 
        operation, the driver of a truck or combination of vehicles 
        registered for or weighing in excess of 12,000 pounds shall 
        proceed to the scale site and submit the vehicle to weighing and 
        inspection. 
           Upon weighing a vehicle and load, as provided in this 
        section, an officer may require the driver to stop the vehicle 
        in a suitable place and remain standing until a portion of the 
        load is removed that is sufficient to reduce the gross weight of 
        the vehicle to the limit permitted under section 169.825.  A 
        suitable place is a location where loading or tampering with the 
        load is not prohibited by federal, state, or local law, rule or 
        ordinance.  A driver may be required to unload a vehicle only if 
        the weighing officer determines that (a) on routes subject to 
        the provisions of section 169.825, the weight on an axle exceeds 
        the lawful gross weight prescribed by section 169.825, by 2,000 
        pounds or more, or the weight on a group of two or more 
        consecutive axles in cases where the distance between the 
        centers of the first and last axles of the group under 
        consideration is ten feet or less exceeds the lawful gross 
        weight prescribed by section 169.825, by 4,000 pounds or more; 
        or (b) on routes designated by the commissioner in section 
        169.832, subdivision 11, the overall weight of the vehicle or 
        the weight on an axle or group of consecutive axles exceeds the 
        maximum lawful gross weights prescribed by section 169.825; or 
        (c) the weight is unlawful on an axle or group of consecutive 
        axles on a road restricted in accordance with section 169.87.  
        Material unloaded must be cared for by the owner or driver of 
        the vehicle at the risk of the owner or driver. 
           A driver of a vehicle who fails or refuses to stop and 
        submit the vehicle and load to a weighing as required in this 
        section, or who fails or refuses, when directed by an officer 
        upon a weighing of the vehicle, to stop the vehicle and 
        otherwise comply with the provisions of this section, is guilty 
        of a misdemeanor. 
           When used in this section, the word "officer" means a peace 
        officer or an employee of the department of public safety 
        described in section 299D.06. 
           Sec. 4.  Minnesota Statutes 1996, section 169.871, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CIVIL LIABILITY.] The owner or lessee of a 
        vehicle that is operated with a gross weight in excess of a 
        weight limit imposed under sections 169.825 and 169.832 to 
        169.851 and 169.87 or a shipper who ships or tenders goods for 
        shipment in a single truck or combination vehicle that exceeds a 
        weight limit imposed under sections 169.825 and 169.832 to 
        169.851 and 169.87 is liable for a civil penalty as follows: 
           (a) If the total gross excess weight is not more than 1,000 
        pounds, one cent per pound for each pound in excess of the legal 
        limit; 
           (b) If the total gross excess weight is more than 1,000 
        pounds but not more than 3,000 pounds, $10 plus five cents per 
        pound for each pound in excess of 1,000 pounds; 
           (c) If the total gross excess weight is more than 3,000 
        pounds but not more than 5,000 pounds, $110 plus ten cents per 
        pound for each pound in excess of 3,000 pounds; 
           (d) If the total gross excess weight is more than 5,000 
        pounds but not more than 7,000 pounds, $310 plus 15 cents per 
        pound for each pound in excess of 5,000 pounds; 
           (e) If the total gross excess weight is more than 7,000 
        pounds, $610 plus 20 cents per pound for each pound in excess of 
        7,000 pounds. 
           Any penalty imposed upon a defendant under this subdivision 
        shall not exceed the penalty prescribed by this subdivision.  
        Any fine paid by the defendant in a criminal overweight action 
        that arose from the same overweight violation shall be applied 
        toward payment of the civil penalty under this subdivision.  A 
        peace officer or department of public safety employee described 
        in section 299D.06 who cites a driver for a violation of the 
        weight limitations established by sections 169.81 to 169.851 and 
        169.87 shall give written notice to the driver that the driver 
        or another may also be liable for the civil penalties provided 
        herein in the same or separate proceedings.  
           Sec. 5.  Minnesota Statutes 1996, section 169.871, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [SPECIAL PERMIT VIOLATIONS.] The owner or lessee 
        of a vehicle that is operated with a gross weight in excess of a 
        weight limit imposed by permit under sections 169.86 and 169.862 
        and a shipper who ships or tenders goods for shipment in a 
        single truck or combination vehicle that exceeds a weight limit 
        permitted under sections 169.86 or 169.862 is liable for a civil 
        penalty at a rate of five cents per pound for each pound in 
        excess of the weight permitted under section 169.86 or 169.862, 
        or $100, whichever is greater.  
           Any penalty imposed upon a defendant under this subdivision 
        shall not exceed the penalty prescribed by this subdivision.  
        Any fine paid by the defendant in a criminal overweight action 
        that arose from the same overweight violation may not be applied 
        toward payment of the civil penalty under this subdivision.  A 
        peace officer or department of public safety employee described 
        in section 299D.06 who cites a driver for a violation of the 
        weight limitations established by permit pursuant to section 
        169.86 or 169.862 shall give written notice to the driver that 
        the driver or another may also be liable for the civil penalty 
        provided in this subdivision in the same or separate proceedings.
           Sec. 6.  Minnesota Statutes 1996, section 171.041, as 
        amended by Laws 1997, chapter 48, section 1, is amended to read: 
           171.041 [RESTRICTED LICENSES FOR FARM WORK.] 
           Notwithstanding any provisions of section 171.04 relating 
        to the age of an applicant to the contrary, the commissioner may 
        issue a restricted farm work license to operate a motor vehicle 
        to a person who has attained the age of 15 years but who is 
        under the age of 16 years and who, except for age, is qualified 
        to hold a driver's license.  The applicant is not required to 
        comply with the six-month instruction permit possession 
        provisions of sections 171.04, subdivision 1, clause (2), and 
        171.05, subdivision 2a.  The restricted license shall be issued 
        solely for the purpose of authorizing the person to whom the 
        restricted license is issued to assist the person's parents or 
        guardians with farm work.  A person holding this restricted 
        license may operate a motor vehicle only during daylight hours 
        and only within a radius of 20 miles of the parent's or 
        guardian's farmhouse; however, in no case may a person holding 
        the restricted license operate a motor vehicle in a city of the 
        first class.  An applicant for a restricted license shall apply 
        to the commissioner for the license on forms prescribed by the 
        commissioner.  The application shall be accompanied by: 
           (1) a copy of a property tax statement showing that 
        the applicant's residence applicant owns land that is classified 
        as agricultural land or a copy of a rental statement or 
        agreement showing that the applicant rents land classified as 
        agricultural land; and 
           (2) by a written verified statement by the applicant's 
        parent or guardian setting forth the necessity for the license. 
           Sec. 7.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICABILITY.] (a) Intrastate motor 
        carriers, private carriers, and persons providing intrastate 
        transportation described in section 221.025, must comply with 
        the rules federal regulations incorporated in this section.  
        Private carriers and persons providing intrastate transportation 
        described in section 221.025, must comply with the federal 
        regulations incorporated in this section to the extent required 
        by section 221.031.  Every carrier and its officers, agents, 
        representatives, and employees responsible for managing, 
        maintaining, equipping, operating, or driving motor vehicles, or 
        hiring, supervising, training, assigning, or dispatching 
        drivers, must be instructed in and comply with the rules 
        incorporated in this section and shall require that its agents, 
        representatives, drivers, and employees comply. 
           (b) In the rules incorporated in subdivisions 2 to 11: 
           (1) the term "motor carrier" means a carrier required to 
        comply with this section by section 221.031; 
           (2) a reference to a federal agency or office means the 
        Minnesota department of transportation; and 
           (3) a reference to a federal administrative officer means 
        the commissioner of the Minnesota department of transportation. 
           Sec. 8.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 2, is amended to read: 
           Subd. 2.  [QUALIFICATIONS OF DRIVERS.] Code of Federal 
        Regulations, title 49, part 391 and appendixes C, D, and E, are 
        incorporated by reference except for sections 391.1; 391.2; 
        391.11, paragraph (b)(1); 391.47; 391.49, paragraphs (b) to (1); 
        391.51, paragraphs (f) and (g); 391.62; 391.64; 391.67; 391.68; 
        391.69; 391.71; and those sections incorporated in section 
        221.0313, subdivision 4 391.73.  In addition, the cross 
        references to Code of Federal Regulations, title 49, section 
        391.62, 391.67, or 391.71 or to part 391, subpart G, found in 
        Code of Federal Regulations, title 49, sections 391.11, 
        paragraphs (a) and (b); 391.21, paragraph (a); 391.23, paragraph 
        (a); 391.25; 391.27, paragraph (a); 391.31, paragraph (a); 
        391.35, paragraph (a); 391.41, paragraph (a); and 
        391.45, sections or paragraphs not incorporated in this 
        subdivision are not incorporated by reference. 
           Sec. 9.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DRIVING OF MOTOR VEHICLES.] Code of Federal 
        Regulations, title 49, part 392, is incorporated by reference, 
        except that sections 392.1, 392.2, and 392.30, paragraph (a), of 
        that part, are not incorporated. 
           Sec. 10.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PARTS AND ACCESSORIES NECESSARY FOR SAFE 
        OPERATION.] Code of Federal Regulations, title 49, part 393, is 
        incorporated by reference, except that sections 393.1, 393.3, 
        and 393.5 of that part are not incorporated for paragraph (d) of 
        section 393.43.  In addition, despite the first paragraph of 
        Code of Federal Regulations, title 49, section 393.95, a 
        lightweight vehicle must carry a fire extinguisher meeting the 
        requirements in Code of Federal Regulations, title 49, section 
        393.95. 
           Sec. 11.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 9, is amended to read: 
           Subd. 9.  [HOURS OF SERVICE OF DRIVERS.] Code of Federal 
        Regulations, title 49, part 395, is incorporated by reference, 
        except that sections 395.3, paragraphs (d) to (f); 395.8, 
        paragraphs (k)(2) and (l)(2); paragraphs (a), (c), (d), (f), 
        (i), (j), (l), (m), (n), and (o) of section 395.1 and section 
        395.13, of that part are not incorporated.  In addition, the 
        cross reference references to paragraph (e) in Code of Federal 
        Regulations, title 49, section 395.3, paragraph (a), is sections 
        or paragraphs not incorporated in this subdivision are not 
        incorporated by reference.  The requirements of Code of Federal 
        Regulations, title 49, sections 395.3, paragraphs (a) and (b); 
        and 395.8, paragraphs (a) to (k), part 395, do not apply to 
        drivers of lightweight vehicles. 
           Sec. 12.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 10, is amended to read: 
           Subd. 10.  [INSPECTION, REPAIR, AND MAINTENANCE.] Code of 
        Federal Regulations, title 49, part 396, is incorporated by 
        reference, except that sections 396.1, 396.9, and; 396.11, 
        paragraph (d); 396.17 to; 396.19; 396.21; and 396.23 of that 
        part are not incorporated. 
           Sec. 13.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 11, is amended to read: 
           Subd. 11.  [TRANSPORTING HAZARDOUS MATERIALS; DRIVING AND 
        PARKING.] A person who transports hazardous materials shall 
        comply with this section and rules adopted under section 221.031 
        when that person is transporting a hazardous material, hazardous 
        waste, or hazardous substance in a vehicle that must be marked 
        or placarded in accordance with Code of Federal Regulations, 
        title 49, section 172.504, incorporated by reference in section 
        221.033.  Code of Federal Regulations, title 49, part 397, is 
        incorporated by reference, except that sections 397.1 to 397.3 
        of that part are not incorporated.  A petroleum transport driver 
        shall not park on a public street adjacent to a bridge, tunnel, 
        dwelling, building, or place where persons work, congregate, or 
        assemble, except when necessary to unload. 
           Sec. 14.  Minnesota Statutes 1996, section 221.0355, 
        subdivision 5, is amended to read: 
           Subd. 5.  [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 
        with its principal place of business in Minnesota or who 
        designates Minnesota as its base state shall file a disclosure 
        statement with and obtain a permit from the commissioner that 
        specifically authorizes the transportation of hazardous waste 
        before transporting a hazardous waste in Minnesota.  A carrier 
        that designates another participating state as its base state 
        shall file a disclosure statement with and obtain a permit from 
        that state that specifically authorizes the transportation of 
        hazardous waste before transporting a hazardous waste in 
        Minnesota.  A registration is valid for one year from the date a 
        notice of registration form is issued and a permit is valid for 
        three years from the date issued or until a carrier fails to 
        renew its registration, whichever occurs first. 
           (b) A disclosure statement must include the information 
        contained in part III of the uniform application.  A person who 
        has direct management responsibility for a carrier's hazardous 
        waste transportation operations shall submit a full set of the 
        person's fingerprints, with the carrier's disclosure statement, 
        for identification purposes and to enable the commissioner to 
        determine whether the person has a criminal record.  The 
        commissioner shall send the person's fingerprints to the Federal 
        Bureau of Investigation and shall request the bureau to conduct 
        a check of the person's criminal record.  The commissioner shall 
        not issue a notice of registration or permit to a hazardous 
        waste transporter who has not made a full and accurate 
        disclosure of the required information or paid the fees required 
        by this subdivision.  Making a materially false or misleading 
        statement in a disclosure statement is prohibited. 
           (c) The commissioner shall assess a carrier the actual 
        costs incurred by the commissioner for conducting the uniform 
        program's required investigation of the information contained in 
        a disclosure statement. 
           (d) A permit under this subdivision becomes a license under 
        section 221.035, subdivision 1, on August 1, 1997 1998, and is 
        subject to the provisions of section 221.035 until it expires. 
           Sec. 15.  Minnesota Statutes 1996, section 221.0355, 
        subdivision 15, is amended to read: 
           Subd. 15.  [HAZARDOUS WASTE LICENSES.] (a) From October 1, 
        1994, until August 1, 1997 1998, the commissioner shall not 
        register hazardous material transporters under section 221.0335 
        or license hazardous waste transporters under section 221.035.  
        A person who is licensed under section 221.035 need not obtain a 
        permit under subdivision 4 or 5 for the transportation of 
        hazardous waste in Minnesota, until the person's license has 
        expired.  A carrier wishing to transport hazardous waste in 
        another participating state shall obtain a permit under the 
        uniform program authorizing the transportation. 
           (b) The commissioner may refund fees paid under section 
        221.035, minus a proportional amount calculated on a monthly 
        basis for each month that a hazardous waste transporter license 
        was valid, to a person who was issued a hazardous waste 
        transporter license after May 5, 1994, who applied for a permit 
        authorizing the transportation of hazardous waste under 
        subdivisions 4 and 5 before October 1, 1994, and who was 
        subsequently issued that permit under the uniform program. 
           Sec. 16.  [221.173] [ELECTRONIC SIGNATURES.] 
           (a) The commissioner may accept in lieu of a required 
        document completed on paper, an electronically transmitted 
        document authenticated by an electronic signature.  
           (b) The commissioner shall consult with the commissioner of 
        administration, who shall provide advice and assistance in 
        establishing criteria and standards for authentication of 
        electronic signatures and establishing to a reasonable certainty 
        the validity, security, and linkage of a specific, unaltered, 
        electronically transmitted document, its unforged signature, and 
        its authorized signer.  
           (c) The commissioner may determine the technology or system 
        to be used, which may include a private key/public key system, 
        an encrypted or cryptology-based system, a pen-based, on-screen 
        signature system that captures and verifies an autograph and 
        links it to a specific document, or other system or technology 
        or combination of systems.  
           (d) To the extent consistent with this section, laws and 
        rules pertaining to paper-based documents also pertain to 
        electronically transmitted documents. 
           Sec. 17.  Minnesota Statutes 1996, section 221.221, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POLICE OFFICER ENFORCEMENT POWERS.] 
        Transportation representatives program specialists and hazardous 
        material program specialists of the department, for the purpose 
        of enforcing the provisions of this chapter, sections 169.781 to 
        169.783 relating to commercial vehicle inspections, and section 
        296.17, subdivisions 10 and 17, relating to motor carrier 
        licenses and trip permits, and the applicable rules, orders, or 
        directives of the commissioner, the commissioner of revenue, and 
        the board issued under this chapter and chapter 296, but for no 
        other purpose, have the powers conferred by law upon police 
        officers.  The powers include the authority to conduct 
        inspections at designated highway weigh stations or under other 
        appropriate circumstances. 
           Sec. 18.  Minnesota Statutes 1996, section 221.221, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INSPECTION OF DOCUMENTS.] Records, log books, 
        certificates, licenses, shipping documents, or other papers or 
        documents required to be maintained in the carrier's files or in 
        vehicles subject to determine compliance with this chapter and 
        rules adopted under this chapter, must be presented for 
        inspection, upon request, to a peace officer or police officer 
        or other person empowered to enforce the provisions of this 
        chapter.  
           Sec. 19.  [221.86] [PARTIAL IMMUNITY FOR MOTOR CARRIER 
        EMPLOYERS.] 
           A motor carrier employer that discloses information in good 
        faith about a present or former employee in response to a 
        request pursuant to Code of Federal Regulations, title 49, 
        section 382.413, is immune from civil liability, except in cases 
        of knowing disclosure of false information or negligence, for 
        the disclosure and the consequences proximately caused by the 
        disclosure, provided that: 
           (1) the employer has and observes a written testing policy 
        and procedure which complies with federal and state laws; 
           (2) the employer uses a certified laboratory and lawful 
        test procedures; 
           (3) the employer sends the information to the prospective 
        employer who has requested the information, on a request and 
        authorization form signed by the employee; and 
           (4) the employer sends only information on the employee for 
        whom the information was requested, that: 
           (i) shows whether or not, during the preceding two years, 
        the employee tested 0.04 or greater alcohol concentration, 
        tested positive on a verified test for the presence of 
        controlled substances, or refused to be tested for alcohol or 
        controlled substances; 
           (ii) states the dates of any tests listed in item (i); and 
           (iii) includes any and all information on confirmatory 
        tests requested by the employee. 
           Sec. 20.  Minnesota Statutes 1996, section 296.17, 
        subdivision 18, is amended to read: 
           Subd. 18.  [COOPERATIVE AUDITS.] The commissioner may make 
        arrangements with the commissioner of transportation and may 
        enter into agreements with the appropriate authorities of other 
        states having statutes similar to this act for the cooperative 
        audit of motor carriers' reports and returns.  In performing any 
        such audit, or part thereof, the officers and employees of 
        the department of transportation and the other state or states 
        shall be deemed authorized agents of this state for such 
        purpose, and such audits, or parts thereof, shall have the same 
        effect as similar audits, or parts thereof, when made by the 
        commissioner. 
           Sec. 21.  Minnesota Statutes 1996, section 296.171, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXCHANGES OF INFORMATION.] The commissioner of 
        public safety may make arrangements or agreements with the 
        commissioner of transportation and other states to exchange 
        information for audit and enforcement activities in connection 
        with fuel tax licensing.  The filing of fuel tax returns under 
        this section is subject to the rights, terms, and conditions 
        granted or contained in the applicable agreement or arrangement 
        made by the commissioner under the authority of this section. 
           Sec. 22.  Minnesota Statutes 1996, section 299D.06, is 
        amended to read: 
           299D.06 [INSPECTIONS; WEIGHING.] 
           (a) Department personnel must be classified employees 
        assigned to the division of state patrol if they are employed to 
        enforce the: 
           (1) laws relating to motor vehicle equipment,; school bus 
        equipment,; drivers license, drivers' licenses; motor vehicle 
        registration,; motor vehicle size and weight,; motor carrier 
        insurance, registration, and safety; and motor vehicle petroleum 
        tax, to enforce public utilities commission rules relating to 
        motor carriers, to enforce taxes; 
           (2) pollution control agency rules relating to motor 
        vehicle noise abatement,; and to enforce 
           (3) laws relating to directing the movement of vehicles 
        shall be classified employees of the commissioner of public 
        safety assigned to the division of state patrol.  
           (b) Employees engaged in these duties, while actually on 
        the job during their working hours only, shall have power to: 
           (1) issue citations in lieu of arrest and continued 
        detention; and to 
           (2) prepare notices to appear in court for violation of 
        these laws and rules, in the manner provided in section 169.91, 
        subdivision 3. 
        They shall not be armed and, except as provided in this section, 
        shall have none of the other powers and privileges reserved to 
        peace officers including the power to enforce traffic laws and 
        regulations. 
           Sec. 23.  Laws 1994, chapter 589, section 8, as amended by 
        Laws 1996, chapter 455, article 3, section 33, is amended to 
        read: 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 1992, section 221.033, subdivision 4, is 
        repealed.  Section 5 is repealed effective August 1, 1997 1998. 
           Sec. 24.  [HAZARDOUS WASTE TRANSPORTER LICENSING.] 
           Unless, before Congress adjourns in 1997, Congress 
        specifically reauthorizes the uniform hazardous materials permit 
        program created in the Hazardous Materials Transportation 
        Uniform Safety Act of 1990, United States Code, title 49 
        appendix, sections 18-19, subsection (c), the commissioner shall 
        stop registering and permitting hazardous material and hazardous 
        waste transporters on the date Congress adjourns in 1997, and 
        shall revert to licensing hazardous waste transporters under 
        Minnesota Statutes, section 221.0335.  A permit under Minnesota 
        Statutes, section 221.0355, becomes a hazardous waste 
        transporter license under Minnesota Statutes, section 221.0335. 
           Presented to the governor May 29, 1997 
           Signed by the governor June 2, 1997, 2:08 p.m.