1.1                          A bill for an act 
  1.2             relating to motor carriers; providing for the 
  1.3             deregulation of household goods movers; converting 
  1.4             existing household goods mover permits; amending 
  1.5             Minnesota Statutes 1994, sections 221.011, subdivision 
  1.6             23, and by adding a subdivision; 221.036, subdivisions 
  1.7             1 and 3; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 221. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 221.011, 
  1.11  subdivision 23, is amended to read: 
  1.12     Subd. 23.  [HOUSEHOLD GOODS.] "Household goods" means 
  1.13  personal effects and property used or to be used ~~by the owner~~ in 
  1.14  ~~the owner's~~ a dwelling~~;~~, ~~furniture, fixtures, equipment and~~ 
  1.15  ~~property of business places and institutions, public or private,~~ 
  1.16  ~~when a part of the stock, equipment, supplies or property of~~ 
  1.17  ~~such establishments~~ when a part of the equipment or supply of 
  1.18  such dwelling.  Household goods includes similar effects or 
  1.19  property if its transportation is arranged and paid for by the 
  1.20  householder, including transportation of effects or property 
  1.21  from a factory or store when the property is purchased by the 
  1.22  householder with intent to use in the dwelling, or arranged and 
  1.23  paid for by another party. 
  1.24     Sec. 2.  Minnesota Statutes 1994, section 221.011, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 47.  [HOUSEHOLD GOODS MOVER.] "Household goods mover" 
  1.27  means a person who engages in the for-hire transportation of 
  2.1   household goods. 
  2.2      Sec. 3.  [221.0212] [HOUSEHOLD GOODS MOVER REGISTRATION; 
  2.3   SAFETY; SUSPENSION; EXEMPTIONS.] 
  2.4      Subdivision 1.  [REGISTRATION STATEMENT.] A person who 
  2.5   wishes to engage in the intrastate transportation of household 
  2.6   goods in Minnesota shall file a registration statement with the 
  2.7   commissioner.  A registration statement must be on a form 
  2.8   provided by the commissioner. 
  2.9      Subd. 2.  [REGISTRATION RECEIPT ISSUANCE; DURATION.] The 
  2.10  commissioner shall issue a registration receipt to a household 
  2.11  goods mover who has filed a registration statement and who 
  2.12  complies with the financial responsibility requirements in 
  2.13  section 221.141 unless the household goods mover has an 
  2.14  unsatisfactory safety rating.  A photocopy of the registration 
  2.15  receipt must be carried in each vehicle operated under the 
  2.16  registration and must be made available to the department and 
  2.17  other law enforcement officials upon request.  A registration is 
  2.18  not assignable or transferable and is valid until it is 
  2.19  suspended, revoked, or canceled. 
  2.20     Subd. 3.  [SAFETY REGULATION.] A household goods mover who 
  2.21  has been issued a registration receipt is subject to the federal 
  2.22  regulations incorporated by reference in section 221.0314. 
  2.23     Subd. 4.  [SUSPENSION FOR UNSATISFACTORY SAFETY 
  2.24  RATING.] Following the procedures in section 221.185, the 
  2.25  commissioner shall immediately suspend the registration of a 
  2.26  household goods mover who receives an unsatisfactory safety 
  2.27  rating.  The commissioner shall conduct one follow-up compliance 
  2.28  audit to determine if the household goods mover's safety rating 
  2.29  should be changed within 30 days of receiving a written request 
  2.30  from the carrier.  Additional compliance reviews may be 
  2.31  conducted at the commissioner's discretion. 
  2.32     Subd. 5.  [ANNUAL RENEWAL.] A household goods mover shall 
  2.33  renew its registration between July 1 and August 1 of each year 
  2.34  on a form prescribed by the commissioner.  The commissioner 
  2.35  shall develop and implement an expedited renewal process to 
  2.36  minimize the burden on carriers. 
  3.1      Subd. 6.  [EXEMPTIONS.] Notwithstanding any provision in 
  3.2   this chapter to the contrary, sections 221.021; 221.031, 
  3.3   subdivision 1, paragraph (d); 221.111; 221.121; 221.122; 
  3.4   221.131; 221.132; 221.151; 221.161; and 221.171, do not apply to 
  3.5   a household goods mover who has been issued a registration 
  3.6   receipt. 
  3.7      Sec. 4.  Minnesota Statutes 1994, section 221.036, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [ORDERS.] The commissioner may issue an 
  3.10  order requiring violations to be corrected and administratively 
  3.11  assessing monetary penalties for a violation of (1) section 
  3.12  221.021; (2) section 221.033, subdivision 2b; (3) section 
  3.13  221.041, subdivision 3; (4) section 221.081; (5) section 
  3.14  221.151; (6) section 221.171; (7) section 221.141; (8) section 
  3.15  221.0212; (9) section 221.035, a material term or condition of a 
  3.16  license issued under that section; or rules of the board or 
  3.17  commissioner relating to the transportation of hazardous waste, 
  3.18  motor carrier operations, insurance, or tariffs and accounting.  
  3.19  An order must be issued as provided in this section. 
  3.20     Sec. 5.  Minnesota Statutes 1994, section 221.036, 
  3.21  subdivision 3, is amended to read: 
  3.22     Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
  3.23  commissioner may issue an order assessing a penalty of up to 
  3.24  $5,000 for all violations of section 221.021; 221.0212; 221.041, 
  3.25  subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules 
  3.26  of the board or commissioner relating to motor carrier 
  3.27  operations, insurance, or tariffs and accounting, identified 
  3.28  during a single inspection, audit, or investigation. 
  3.29     (b) The commissioner may issue an order assessing a penalty 
  3.30  up to a maximum of $10,000 for all violations of section 
  3.31  221.033, subdivision 2b, or 221.035, and rules adopted under 
  3.32  those sections, identified during a single inspection or audit. 
  3.33     (c) In determining the amount of a penalty, the 
  3.34  commissioner shall consider: 
  3.35     (1) the willfulness of the violation; 
  3.36     (2) the gravity of the violation, including damage to 
  4.1   humans, animals, air, water, land, or other natural resources of 
  4.2   the state; 
  4.3      (3) the history of past violations, including the 
  4.4   similarity of the most recent violation and the violation to be 
  4.5   penalized, the time elapsed since the last violation, the number 
  4.6   of previous violations, and the response of the person to the 
  4.7   most recent violation identified; 
  4.8      (4) the economic benefit gained by the person by allowing 
  4.9   or committing the violation; and 
  4.10     (5) other factors as justice may require, if the 
  4.11  commissioner specifically identifies the additional factors in 
  4.12  the commissioner's order. 
  4.13     Sec. 6.  [CONVERSION OF HOUSEHOLD GOODS MOVER PERMITS.] 
  4.14     A household goods mover with a valid permit issued by the 
  4.15  transportation regulation board before the effective date of 
  4.16  this section is deemed to have registered under section 3 and 
  4.17  the commissioner of transportation shall issue a registration 
  4.18  receipt to the carrier.