Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 310-S.F.No. 2316 
                  An act relating to transportation; continuing the 
                  uniform program for registration and permitting of 
                  intrastate carriers of hazardous materials; 
                  eliminating requirement of criminal background check; 
                  imposing a fee; amending Minnesota Statutes 1996, 
                  section 221.0355, subdivision 4; Minnesota Statutes 
                  1997 Supplement, section 221.0355, subdivision 5; Laws 
                  1994, chapter 589, section 8, as amended; repealing 
                  Minnesota Statutes 1996, sections 221.0335 and 
                  221.035; Minnesota Statutes 1997 Supplement, section 
                  221.0355, subdivision 15; Laws 1997, chapter 230, 
                  section 24; Minnesota Rules, parts 8870.0100; 
                  8870.0200; 8870.0300; 8870.0400; 8870.0500; 8870.0600; 
                  8870.0700; 8870.0800; 8870.0900; 8870.1000; and 
                  8870.1100. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 221.0355, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HAZARDOUS MATERIAL REGISTRATION AND PERMIT.] (a) 
        A carrier with its principal place of business in Minnesota or 
        that designates Minnesota as its base state, shall register its 
        hazardous material transportation with and obtain a permit from 
        the commissioner before transporting a hazardous material or 
        hazardous waste in Minnesota.  A carrier that designates another 
        participating state as its base state shall register its 
        hazardous material transportation with and obtain a permit from 
        that state before transporting a hazardous material or hazardous 
        waste in Minnesota. 
           (b) A carrier who engages in the interstate transportation 
        of a hazardous material and who is required to register its 
        hazardous material transportation in Minnesota shall file parts 
        I and II of the uniform application with the commissioner and 
        pay an administrative processing fee of $50 and an apportioned 
        vehicle registration fee.  The amount of the apportioned vehicle 
        registration fee must be calculated under subdivision 6.  A 
        carrier who engages only in the intrastate transportation of a 
        hazardous material, excluding hazardous waste, and who is 
        required to register its hazardous material transportation in 
        Minnesota shall file part I of the uniform application, pay a 
        vehicle registration fee of $15 for each vehicle it operates, 
        and pay no apportioned fee. 
           (c) Upon a carrier's compliance with this subdivision, the 
        commissioner shall issue a notice of registration form and a 
        permit to the carrier.  A notice of registration form must 
        include a company registration number.  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. 
           (d) A registered carrier shall maintain a copy of the 
        notice of registration form and the permit in each vehicle it 
        uses to transport a hazardous material or hazardous waste. 
           (e) A carrier with a permit shall annually certify that its 
        current operations are not substantially different from its 
        operations on the date it obtained its permit and shall 
        recertify its compliance with applicable laws and regulations in 
        part II of the uniform application when it renews its 
        registration under this subdivision.  Failure to comply with the 
        certifications in part II is prohibited. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, 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, 1998, and is 
        subject to the provisions of section 221.035 until it expires. 
           Sec. 3.  Laws 1994, chapter 589, section 8, as amended by 
        Laws 1996, chapter 455, article 3, section 33, and Laws 1997, 
        chapter 230, section 23, is amended to read: 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 1992, section 221.033, subdivision 4, is 
        repealed.  Section 5 is repealed effective August 1, 1998. 
           Sec. 4.  [REPEALER.] 
           (a) Minnesota Statutes 1996, sections 221.0335 and 221.035; 
        Minnesota Statutes 1997 Supplement, section 221.0355, 
        subdivision 15; and Laws 1997, chapter 230, section 24, are 
        repealed. 
           (b) Minnesota Rules, parts 8870.0100; 8870.0200; 8870.0300; 
        8870.0400; 8870.0500; 8870.0600; 8870.0700; 8870.0800; 
        8870.0900; 8870.1000; and 8870.1100, are repealed. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective the day following final 
        enactment. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:45 a.m.