This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2018 session law, which will be available here summer 2018.
language to be deleted (2) new language
relating to transportation; modifying tariff requirements for certain motor carriers;
amending Minnesota Statutes 2016, sections 174.66; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161, subdivision 1, by adding a subdivision; 221.171, subdivision 1; repealing Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) Orders and directives in force, issued, or promulgated under authority of chapters 174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed, modified, or superseded by duly authorized orders or directives of the commissioner of transportation. To the extent allowed under federal law or regulation, rules adopted under authority of the following sections are transferred to the commissioner of transportation and continue in force and effect until repealed, modified, or superseded by duly authorized rules of the commissioner:
(1) section 218.041 except rules related to the form and manner of filing railroad rates, railroad accounting rules, and safety rules;
(2) section 219.40;
(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits under section 221.031, subdivision 1;new text beginnew text end
(4) deleted text beginrules relating to rates, charges, and practices under section 221.161, subdivision 4; anddeleted text end
deleted text begin(5)deleted text end rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under section 221.121.
(b) The commissioner shall review the transferred rules, orders, and directives and, when appropriate, develop and adopt new rules, orders, or directives.
The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for a violation of (1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5) a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous waste, motor carrier operations,new text beginnew text end insurancedeleted text begin, or tariffs and accountingdeleted text end. An order must be issued as provided in this section.
(a) The commissioner may issue an order assessing a penalty of up to $5,000 for all violations new text beginnew text endof new text beginnew text endsection 221.021deleted text begin;deleted text endnew text beginnew text end 221.141deleted text begin;deleted text endnew text beginnew text end or 221.171, ornew text beginnew text end rules of the commissioner relating to motor carrier operationsdeleted text begin,deleted text end new text beginnew text endinsurancedeleted text begin, or tariffs and accounting, identified during a single inspection, audit, or investigationdeleted text end.
(b) The commissioner may issue an order assessing a penalty up to a maximum of $10,000 for all violations of section 221.033, subdivision 2b, identified during a single inspection or audit.
(c) In determining the amount of a penalty, the commissioner shall consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;
(3) the history of past violations, including the similarity of the most recent violation and the violation to be penalized, the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified;
(4) the economic benefit gained by the person by allowing or committing the violation; and
(5) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.
(d) The commissioner shall assess a penalty in accordance with Code of Federal Regulations, title 49, section 383.53, against:
(1) a driver who is convicted of a violation of an out-of-service order;
(2) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order; or
(3) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
(a) An order issued by the commissioner which grants a certificate or permit must contain a service date.
(b) The person to whom the order granting the certificate or permit is issued shall do the following within 45 days from the service date of the order:
(1) register vehicles which will be used to provide transportation under the permit or certificate with the commissioner and pay the vehicle registration fees required by law;new text beginnew text end
(2) file and maintain insurance or bond as required by section 221.141 and rules of the commissionerdeleted text begin; anddeleted text endnew text beginnew text end
deleted text begin (3) file rates and tariffs as required by section 221.161 and rules of the commissioner. deleted text end
A household goods deleted text begincarrierdeleted text endnew text beginnew text end shall deleted text beginfile anddeleted text end maintain deleted text beginwith the commissionerdeleted text end a tariff showing rates and charges for transporting household goods. deleted text beginTariffs must be prepared and filed in accordance with the rules of the commissioner. When tariffs are filed in accordance with the rules and accepted by the commissioner, the filing constitutes notice to the public and interested parties of the contents of the tariffs. The commissioner shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted under this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted under this section, after notification and investigation by the department, the commissioner may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing upon notice to the household goods carrier filing the proposed tariffs and to other interested parties, including users of the service and competitive carriers by motor vehicle and rail. At the hearing, the burden of proof is on the household goods carrier filing the proposed tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and subsequent supplements to them or reissues of them must state the effective date, which may not be less than ten days following the date of filing, unless the period of time is reduced by special permission of the commissioner.deleted text endnew text beginnew text end
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deleted text beginNodeleted text endnew text beginnew text end household goods deleted text begincarrier shalldeleted text endnew text beginnew text end charge or receive a greater, lesser, or different compensation for the transportation deleted text beginof persons or propertydeleted text end or deleted text beginfor relateddeleted text end servicedeleted text begin,deleted text endnew text beginnew text end than the rates and charges deleted text beginnamed in the carrier's schedule on file and in effect with the commissioner including any rate fixed by the commissionerdeleted text endnew text beginnew text end under section 221.161deleted text begin; nor shalldeleted text endnew text beginnew text end A household goods deleted text begincarrierdeleted text endnew text beginnew text end refund or remit in any manner or by any device, directly or indirectly, the rates and charges required to be collected by the deleted text begincarrierdeleted text endnew text beginnew text end under the deleted text begincarrier'sdeleted text endnew text beginnew text end schedules deleted text beginor under the rates, if any, fixed by the commissionerdeleted text end.
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Presented to the governor May 18, 2018
Signed by the governor May 20, 2018, 3:31 p.m.
Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All rights reserved.