Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 154-S.F.No. 1645 
                  An act relating to transportation; abolishing Babcock 
                  test requirements for drivers to determine fat content 
                  of milk or cream; exempting vehicles carrying milk 
                  from seasonal weight restrictions under certain 
                  circumstances; allowing conveyance of excess rail bank 
                  property; amending Minnesota Statutes 1998, sections 
                  32.25, subdivision 3; 169.87, by adding a subdivision; 
                  and 222.63, subdivision 4; repealing Minnesota 
                  Statutes 1998, section 32.01, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 32.25, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTIES FOR VIOLATIONS.] Any person 
           (1) who, when testing by the Babcock test, shall use any 
        appliances other than the standard Babcock glassware for 
        measuring or testing milk or cream sold or purchased at prices 
        determined upon the basis of milk fat therein contained, or 
           (2) who shall manufacture or sell Babcock glassware which 
        is not constructed or graduated in accordance with these 
        specifications, or 
           (3) who shall employ any test other than the Babcock test 
        or those tests authorized by rule promulgated by the 
        commissioner, or any methods other than the standard official 
        methods for determining the milk fat content of milk or cream, 
        or 
           (4) (2) who shall incorrectly sample milk or cream 
        purchased or sold, or 
           (5) (3) who shall incorrectly weigh milk or cream purchased 
        or sold, or 
           (6) (4) who shall incorrectly grade milk or cream purchased 
        or sold, or 
           (7) (5) who shall make a false entry of the weight, or test 
        result, or grade of any milk or cream purchased or sold, or 
           (8) (6) who shall incorrectly sample, weigh, test, or 
        record or report weights or tests of skim milk or buttermilk 
        purchased or sold, or 
           (9) (7) who shall underread the tests, or 
           (10) (8) who shall falsify the reading of the tests, or 
           (11) (9) who shall manipulate the reading of the tests, or 
           (12) (10) who shall falsely state, certify, or use in the 
        purchase or sale of milk or cream a misreading of such tests, 
        whether the tests or actual reading shall have been made by such 
        person or by any other person, shall be guilty of a misdemeanor. 
           Sec. 2.  Minnesota Statutes 1998, section 169.87, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [VEHICLES TRANSPORTING MILK.] Until June 1, 2003, 
        a weight restriction imposed under subdivision 1 by the 
        commissioner of transportation or a local road authority, or 
        imposed by subdivision 2, does not apply to a vehicle 
        transporting milk from the point of production to the point of 
        first processing if, at the time the weight restriction is 
        exceeded, the vehicle is carrying milk loaded at only one point 
        of production.  This subdivision does not authorize a vehicle 
        described in this subdivision to exceed a weight restriction of 
        five tons per axle by more than two tons per axle. 
           Sec. 3.  Minnesota Statutes 1998, section 222.63, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
        lease any rail line or right-of-way held in the state rail bank 
        or enter into an agreement with any person for the operation of 
        any rail line or right-of-way for any of the purposes set forth 
        in subdivision 2 in accordance with a fee schedule to be 
        developed by the commissioner. 
           (b) The commissioner may convey any rail line or 
        right-of-way, for consideration or for no consideration and upon 
        other terms as the commissioner may determine to be in the 
        public interest, to any other state agency or to a governmental 
        political subdivision of the state having power by law to 
        utilize it for any of the purposes set forth in subdivision 2.  
           (c) The commissioner may convey a portion of previously 
        acquired rail bank right-of-way to a state agency or political 
        subdivision when the commissioner determines that: 
           (1) the portion to be conveyed is in excess of that needed 
        for the purposes stated in subdivision 2; 
           (2) the conveyance is upon terms and conditions agreed upon 
        by both the commissioner and the state agency or political 
        subdivision; 
           (3) after the sale, the rail bank corridor will continue to 
        be sufficient to meet the purposes of subdivision 2; and 
           (4) the conveyance will not result in any right-of-way in 
        the state rail bank being reduced to a width of less than 50 
        feet at any point. 
           Proceeds from a sale must be deposited in the rail bank 
        maintenance account described in subdivision 8. 
           Sec. 4.  [REPEALER.] 
           Minnesota Statutes 1998, section 32.01, subdivision 7, is 
        repealed. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 2 and 3 are effective the day following final 
        enactment. 
           Presented to the governor May 10, 1999 
           Signed by the governor May 13, 1999, 1:18 p.m.