1.1                          A bill for an act 
  1.2             relating to motor carriers; modifying provisions 
  1.3             governing motor carriers; making technical and 
  1.4             clarifying changes; amending Minnesota Statutes 2002, 
  1.5             sections 221.0314, subdivisions 7, 9; 221.033, 
  1.6             subdivision 1; 221.036, subdivisions 1, 3, 12; 
  1.7             221.037, subdivision 2; 221.605, subdivision 1; 
  1.8             299K.07; Minnesota Statutes 2003 Supplement, sections 
  1.9             169.86, subdivision 5; 221.602, subdivision 1; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 221; repealing Minnesota Statutes 2002, 
  1.12            sections 221.011, subdivision 2b; 221.033, subdivision 
  1.13            3; 221.034; Minnesota Rules, parts 8860.0100; 
  1.14            8860.0200; 8860.0300; 8860.0400; 8860.0500; 8860.0600; 
  1.15            8860.0700; 8860.0800. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.18  169.86, subdivision 5, is amended to read: 
  1.19     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
  1.20  commissioner, with respect to highways under the commissioner's 
  1.21  jurisdiction, may charge a fee for each permit issued.  All such 
  1.22  fees for permits issued by the commissioner of transportation 
  1.23  shall be deposited in the state treasury and credited to the 
  1.24  trunk highway fund.  Except for those annual permits for which 
  1.25  the permit fees are specified elsewhere in this chapter, the 
  1.26  fees shall be: 
  1.27     (a) $15 for each single trip permit. 
  1.28     (b) $36 for each job permit.  A job permit may be issued 
  1.29  for like loads carried on a specific route for a period not to 
  1.30  exceed two months.  "Like loads" means loads of the same 
  2.1   product, weight, and dimension. 
  2.2      (c) $60 for an annual permit to be issued for a period not 
  2.3   to exceed 12 consecutive months.  Annual permits may be issued 
  2.4   for: 
  2.5      (1) motor vehicles used to alleviate a temporary crisis 
  2.6   adversely affecting the safety or well-being of the public; 
  2.7      (2) motor vehicles which travel on interstate highways and 
  2.8   carry loads authorized under subdivision 1a; 
  2.9      (3) motor vehicles operating with gross weights authorized 
  2.10  under section 169.826, subdivision 1a; 
  2.11     (4) special pulpwood vehicles described in section 169.863; 
  2.12     (5) motor vehicles bearing snowplow blades not exceeding 
  2.13  ten feet in width; and 
  2.14     (6) noncommercial transportation of a boat by the owner or 
  2.15  user of the boat. 
  2.16     (d) $120 for an oversize annual permit to be issued for a 
  2.17  period not to exceed 12 consecutive months.  Annual permits may 
  2.18  be issued for:  
  2.19     (1) mobile cranes; 
  2.20     (2) construction equipment, machinery, and supplies; 
  2.21     (3) manufactured homes; 
  2.22     (4) implements of husbandry when the movement is not made 
  2.23  according to the provisions of paragraph (i); 
  2.24     (5) double-deck buses; 
  2.25     (6) commercial boat hauling; and 
  2.26     (7) three-vehicle combinations consisting of two empty, 
  2.27  newly manufactured trailers for cargo, horses, or livestock, not 
  2.28  to exceed 28-1/2 feet per trailer; provided, however, the permit 
  2.29  allows the vehicles to be moved from a trailer manufacturer to a 
  2.30  trailer dealer only while operating on twin-trailer routes 
  2.31  designated under section 169.81, subdivision 3, paragraph (c).  
  2.32     (e) For vehicles which have axle weights exceeding the 
  2.33  weight limitations of sections 169.822 to 169.829, an additional 
  2.34  cost added to the fees listed above.  However, this paragraph 
  2.35  applies to any vehicle described in section 168.013, subdivision 
  2.36  3, paragraph (b), but only when the vehicle exceeds its gross 
  3.1   weight allowance set forth in that paragraph, and then the 
  3.2   additional cost is for all weight, including the allowance 
  3.3   weight, in excess of the permitted maximum axle weight.  The 
  3.4   additional cost is equal to the product of the distance traveled 
  3.5   times the sum of the overweight axle group cost factors shown in 
  3.6   the following chart:  
  3.7                  Overweight Axle Group Cost Factors 
  3.8   Weight (pounds)         Cost Per Mile For Each Group Of:
  3.9   exceeding       Two consec-     Three consec-   Four consec-
  3.10  weight          utive axles     utive axles     utive axles
  3.11  limitations     spaced within   spaced within   spaced within
  3.12  on axles        8 feet or less  9 feet or less  14 feet or less 
  3.13       0-2,000    .12             .05             .04
  3.14   2,001-4,000    .14             .06             .05
  3.15   4,001-6,000    .18             .07             .06
  3.16   6,001-8,000    .21             .09             .07
  3.17   8,001-10,000   .26             .10             .08
  3.18  10,001-12,000   .30             .12             .09
  3.19  12,001-14,000   Not permitted   .14             .11
  3.20  14,001-16,000   Not permitted   .17             .12
  3.21  16,001-18,000   Not permitted   .19             .15
  3.22  18,001-20,000   Not permitted   Not permitted   .16
  3.23  20,001-22,000   Not permitted   Not permitted   .20
  3.24  The amounts added are rounded to the nearest cent for each axle 
  3.25  or axle group.  The additional cost does not apply to paragraph 
  3.26  (c), clauses (1) and (3).  
  3.27  For a vehicle found to exceed the appropriate maximum permitted 
  3.28  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
  3.29  a ton, over the permitted maximum weight is imposed in addition 
  3.30  to the normal permit fee.  Miles must be calculated based on the 
  3.31  distance already traveled in the state plus the distance from 
  3.32  the point of detection to a transportation loading site or 
  3.33  unloading site within the state or to the point of exit from the 
  3.34  state. 
  3.35     (f) As an alternative to paragraph (e), an annual permit 
  3.36  may be issued for overweight, or oversize and overweight, 
  4.1   construction equipment, machinery, and supplies.  The fees for 
  4.2   the permit are as follows:  
  4.3   Gross Weight (pounds) of Vehicle          Annual Permit Fee
  4.4        90,000 or less                             $200
  4.5        90,001 - 100,000                           $300
  4.6       100,001 - 110,000                           $400
  4.7       110,001 - 120,000                           $500
  4.8       120,001 - 130,000                           $600
  4.9       130,001 - 140,000                           $700
  4.10      140,001 - 145,000                           $800
  4.11  If the gross weight of the vehicle is more than 145,000 pounds 
  4.12  the permit fee is determined under paragraph (e). 
  4.13     (g) For vehicles which exceed the width limitations set 
  4.14  forth in section 169.80 by more than 72 inches, an additional 
  4.15  cost equal to $120 added to the amount in paragraph (a) when the 
  4.16  permit is issued while seasonal load restrictions pursuant to 
  4.17  section 169.87 are in effect. 
  4.18     (h) $85 for an annual permit to be issued for a period not 
  4.19  to exceed 12 months, for refuse-compactor vehicles that carry a 
  4.20  gross weight of not more than:  22,000 pounds on a single rear 
  4.21  axle; 38,000 pounds on a tandem rear axle; or, subject to 
  4.22  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
  4.23  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
  4.24  axle must limit the gross vehicle weight to not more than 62,000 
  4.25  pounds. 
  4.26     (i) For vehicles exclusively transporting implements of 
  4.27  husbandry, an annual permit fee of $24.  A vehicle operated 
  4.28  under a permit authorized by this paragraph may be moved at the 
  4.29  discretion of the permit holder without prior route approval by 
  4.30  the commissioner if: 
  4.31     (1) the total width of the transporting vehicle, including 
  4.32  load, does not exceed 14 feet; 
  4.33     (2) the vehicle is operated only between sunrise and 30 
  4.34  minutes after sunset, and is not operated at any time after 
  4.35  12:00 noon on Sundays or holidays; 
  4.36     (3) the vehicle is not operated when visibility is impaired 
  5.1   by weather, fog, or other conditions that render persons and 
  5.2   other vehicles not clearly visible at 500 feet; 
  5.3      (4) the vehicle displays at the front and rear of the load 
  5.4   or vehicle a pair of flashing amber lights, as provided in 
  5.5   section 169.59, subdivision 4, whenever the overall width of the 
  5.6   vehicle exceeds 126 inches; and 
  5.7      (5) the vehicle is not operated on a trunk highway with a 
  5.8   surfaced roadway width of less than 24 feet unless such 
  5.9   operation is authorized by the permit. 
  5.10  A permit under this paragraph authorizes movements of the 
  5.11  permitted vehicle on an interstate highway, and movements of 75 
  5.12  miles or more on other highways. 
  5.13     Sec. 2.  Minnesota Statutes 2002, section 221.0314, 
  5.14  subdivision 7, is amended to read: 
  5.15     Subd. 7.  [PARTS AND ACCESSORIES NECESSARY FOR SAFE 
  5.16  OPERATION.] Code of Federal Regulations, title 49, part 393, is 
  5.17  incorporated by reference ~~except for paragraph (d) of section~~ 
  5.18  ~~393.43~~.  In addition, despite the first paragraph of Code of 
  5.19  Federal Regulations, title 49, section 393.95, a lightweight 
  5.20  vehicle must carry a fire extinguisher meeting the requirements 
  5.21  in Code of Federal Regulations, title 49, section 393.95. 
  5.22     Sec. 3.  Minnesota Statutes 2002, section 221.0314, 
  5.23  subdivision 9, is amended to read: 
  5.24     Subd. 9.  [HOURS OF SERVICE OF DRIVER.] Code of Federal 
  5.25  Regulations, title 49, part 395, is incorporated by reference, 
  5.26  except that paragraphs (a), (c), (d), (f), 
  5.27  (h), (i), ~~(j),~~ (k), (l), (m), and (n)~~, and (o)~~ of section 
  5.28  395.1 and section 395.13 of that part are not incorporated.  In 
  5.29  addition, cross-references to sections or paragraphs not 
  5.30  incorporated in this subdivision are not incorporated by 
  5.31  reference.  The requirements of Code of Federal Regulations, 
  5.32  title 49, part 395, do not apply to drivers of lightweight 
  5.33  vehicles. 
  5.34     Sec. 4.  Minnesota Statutes 2002, section 221.033, 
  5.35  subdivision 1, is amended to read: 
  5.36     Subdivision 1.  [REQUIREMENTS.] Except as provided in 
  6.1   subdivisions 2 to 3, no person may transport or offer or accept 
  6.2   for transportation within the state of Minnesota a hazardous 
  6.3   material, hazardous substance, or hazardous waste except in 
  6.4   compliance with United States Code, title 49, sections ~~1801 to~~ 
  6.5   ~~1811~~ 5101 to 5126 and the provisions of Code of Federal 
  6.6   Regulations, title 49, parts 171 to 199.  Those provisions apply 
  6.7   to transportation in intrastate commerce to the same extent they 
  6.8   apply to transportation in interstate commerce. 
  6.9      Sec. 5.  [221.0341] [REPORT OF HAZARDOUS MATERIAL 
  6.10  TRANSPORTATION INCIDENT.] 
  6.11     A person who is subject to Code of Federal Regulations, 
  6.12  title 49, parts 171 through 185, shall immediately notify by 
  6.13  telephone the Minnesota duty officer pursuant to section 115E.09 
  6.14  if any of the following events occur in Minnesota during the 
  6.15  course of transportation in commerce: 
  6.16     (1) a hazardous materials incident as listed in Code of 
  6.17  Federal Regulations, title 49, section 171.15, paragraph (b); 
  6.18     (2) an unintentional release of hazardous materials from a 
  6.19  package as defined in Code of Federal Regulations, title 49, 
  6.20  section 171.08; or 
  6.21     (3) a discovery of an undeclared hazardous material as 
  6.22  defined by Code of Federal Regulations, title 49, section 171.08.
  6.23     Sec. 6.  Minnesota Statutes 2002, section 221.036, 
  6.24  subdivision 1, is amended to read: 
  6.25     Subdivision 1.  [ORDER.] The commissioner may issue an 
  6.26  order requiring violations to be corrected and administratively 
  6.27  assessing monetary penalties for a violation of (1) section 
  6.28  221.021; (2) section 221.033, subdivision 2b; (3) section 
  6.29  221.151; (4) section 221.171; (5) section 221.141; or (6) rules 
  6.30  of the ~~board or~~ commissioner relating to the transportation of 
  6.31  hazardous waste, motor carrier operations, insurance, or tariffs 
  6.32  and accounting.  An order must be issued as provided in this 
  6.33  section. 
  6.34     Sec. 7.  Minnesota Statutes 2002, section 221.036, 
  6.35  subdivision 3, is amended to read: 
  6.36     Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
  7.1   commissioner may issue an order assessing a penalty of up to 
  7.2   $5,000 for all violations of section 221.021; 221.141; 221.151; 
  7.3   or 221.171, or rules of the ~~board or~~ commissioner relating to 
  7.4   motor carrier operations, insurance, or tariffs and accounting, 
  7.5   identified during a single inspection, audit, or investigation. 
  7.6      (b) The commissioner may issue an order assessing a penalty 
  7.7   up to a maximum of $10,000 for all violations of section 
  7.8   221.033, subdivision 2b, ~~and rules adopted under that section,~~ 
  7.9   identified during a single inspection or audit. 
  7.10     (c) In determining the amount of a penalty, the 
  7.11  commissioner shall consider: 
  7.12     (1) the willfulness of the violation; 
  7.13     (2) the gravity of the violation, including damage to 
  7.14  humans, animals, air, water, land, or other natural resources of 
  7.15  the state; 
  7.16     (3) the history of past violations, including the 
  7.17  similarity of the most recent violation and the violation to be 
  7.18  penalized, the time elapsed since the last violation, the number 
  7.19  of previous violations, and the response of the person to the 
  7.20  most recent violation identified; 
  7.21     (4) the economic benefit gained by the person by allowing 
  7.22  or committing the violation; and 
  7.23     (5) other factors as justice may require, if the 
  7.24  commissioner specifically identifies the additional factors in 
  7.25  the commissioner's order. 
  7.26     (d) The commissioner shall assess a penalty of not less 
  7.27  than $1,000 against a driver who is convicted of a violation of 
  7.28  an out-of-service order.  The commissioner shall assess a 
  7.29  penalty of not more than $10,000 against an employer who 
  7.30  knowingly allows or requires an employee to operate a commercial 
  7.31  motor vehicle in violation of an out-of-service order. 
  7.32     Sec. 8.  Minnesota Statutes 2002, section 221.036, 
  7.33  subdivision 12, is amended to read: 
  7.34     Subd. 12.  [~~REVOCATION AND SUSPENSION OF PERMIT~~ FAILURE TO 
  7.35  PAY PENALTY.] If a person fails to pay a penalty owed under this 
  7.36  ~~subdivision~~ section, the commissioner has grounds to revoke or 
  8.1   refuse to reissue or renew a license, permit, or certificate 
  8.2   issued by the commissioner ~~under section 1~~. 
  8.3      Sec. 9.  Minnesota Statutes 2002, section 221.037, 
  8.4   subdivision 2, is amended to read: 
  8.5      Subd. 2.  [AUTHORITY TO INSPECT.] Transportation 
  8.6   representatives and hazardous material specialists of the 
  8.7   department have the authority to enter, at a reasonable time and 
  8.8   place, any vehicle, cargo tank, or other container used to 
  8.9   transport hazardous materials, hazardous substances, or 
  8.10  hazardous waste and any treatment, storage, or disposal facility 
  8.11  or other place where the materials, substances, or waste are or 
  8.12  have been generated, stored, treated, disposed of, or 
  8.13  transported from.  They may inspect the vehicle, cargo tank, or 
  8.14  container and obtain from any person samples of the materials, 
  8.15  substances, or waste and samples of the containers or labeling 
  8.16  of the materials, substances, or waste for enforcing sections 
  8.17  221.033 to 221.036 ~~or rules adopted under those sections~~.  The 
  8.18  authority granted under this subdivision includes the right to 
  8.19  break and replace seals. 
  8.20     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  8.21  221.602, subdivision 1, is amended to read: 
  8.22     Subdivision 1.  [PROCEDURE; NONEXEMPT CARRIER.] A motor 
  8.23  carrier subject to the jurisdiction of the U.S. Department of 
  8.24  Transportation or Surface Transportation Board under United 
  8.25  States Code, title 49, chapter 135, subchapter I, with its 
  8.26  principal place of business in Minnesota or that designates 
  8.27  Minnesota as its base state, may transport persons or property 
  8.28  for hire in Minnesota only if it first complies with the 
  8.29  insurance regulations described in Code of Federal Regulations, 
  8.30  title 49, part 387, and registration regulations described in 
  8.31  Code of Federal Regulations, title 49, parts 356 and 365, 
  8.32  adopted by the Interstate Commerce Commission or a successor 
  8.33  agency under United States Code, title 49, section 14504 or 
  8.34  former section 11506.  The registration fee is $5; however, a 
  8.35  lesser fee may be collected pursuant to a reciprocal agreement 
  8.36  authorized by section 221.65.  A motor carrier shall pay a 
  9.1   service charge of 45 cents for each registration receipt issued 
  9.2   in addition to the fee required by this subdivision. 
  9.3      Sec. 11.  Minnesota Statutes 2002, section 221.605, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [FEDERAL REGULATIONS AND STATE RULES.] (a) 
  9.6   Interstate carriers and private carriers engaged in interstate 
  9.7   commerce shall comply with the federal motor carrier regulations 
  9.8   in Code of Federal Regulations, title 49, parts 40, 382, 383, 
  9.9   387, and 390 through 398 and with the rules of the commissioner 
  9.10  concerning inspections, vehicle and driver out-of-service 
  9.11  restrictions and requirements, and vehicle, driver, and 
  9.12  equipment checklists.  For purposes of regulating commercial 
  9.13  motor vehicles as defined in section 169.781, subdivision 1, the 
  9.14  exemption provided in Code of Federal Regulations, title 49, 
  9.15  section 396.11, paragraph (d), applies in Minnesota only to 
  9.16  driveaway-towaway operations. 
  9.17     (b) An interstate carrier or private carrier engaged in 
  9.18  interstate commerce who complies with federal regulations 
  9.19  governing testing for controlled substances and alcohol is 
  9.20  exempt from the requirements of sections 181.950 to 181.957 
  9.21  unless the carrier's drug testing program provides for testing 
  9.22  for controlled substances in addition to those listed in Code of 
  9.23  Federal Regulations, title 49, section 40.85.  Persons subject 
  9.24  to this section may test for drugs, in addition to those listed 
  9.25  in Code of Federal Regulations, title 49, section 40.85, only in 
  9.26  accordance with sections 181.950 to 181.957 and rules adopted 
  9.27  under those sections. 
  9.28     Sec. 12.  Minnesota Statutes 2002, section 299K.07, is 
  9.29  amended to read: 
  9.30     299K.07 [NOTIFICATION TO EMERGENCY MANAGEMENT CENTER.] 
  9.31     (a) The notification of the commission required under the 
  9.32  federal act ~~shall~~ must be made to the state Emergency Management 
  9.33  Center.  The owner or operator of a facility shall immediately 
  9.34  notify the state Emergency Management Center of the release of a 
  9.35  reportable quantity of the following materials: 
  9.36     (1) a hazardous substance on the list established under 
 10.1   United States Code, title 42, section 9602; or 
 10.2      (2) an extremely hazardous substance on the list 
 10.3   established under United States Code, title 42, section 11002. 
 10.4      (b) This section does not apply to a release that results 
 10.5   in exposure to persons solely within the site or sites on which 
 10.6   a facility is located or to a release specifically authorized by 
 10.7   state law. 
 10.8      (c) A person who is required to report to or notify a state 
 10.9   agency of a discharge, release, or incident under section 
 10.10  ~~221.034~~ 221.0341, this chapter, chapter 18B, 18C, 18D, 115, 
 10.11  115A, 115B, 115C, 115D, 116, or 299J, or any other statute, 
 10.12  administrative rule, or federal ~~rule~~ regulation may satisfy the 
 10.13  requirement to report by notifying the Emergency Management 
 10.14  Center established in this section.  The commissioner of the 
 10.15  Department of Public Safety shall ensure that the center is 
 10.16  staffed with adequate personnel to answer all calls 24 hours a 
 10.17  day and that those staff are adequately trained to efficiently 
 10.18  notify all appropriate state and federal agencies with 
 10.19  jurisdiction over the discharge or release, and provide 
 10.20  emergency responder information.  No state agency may adopt a 
 10.21  rule or guideline that requires a person who notifies the 
 10.22  Emergency Management Center to also notify that agency.  The 
 10.23  commissioner of each affected state agency shall include the 
 10.24  telephone number of the Emergency Management Center in all 
 10.25  files, permits, correspondence, educational publications, and 
 10.26  other communications with the public and other persons, and 
 10.27  shall designate personnel to coordinate receipt of reports or 
 10.28  notifications with Emergency Management Center personnel. 
 10.29     Sec. 13.  [REPEALER.] 
 10.30     (a) Minnesota Statutes 2002, sections 221.011, subdivision 
 10.31  2b; and 221.034, are repealed. 
 10.32     (b) Minnesota Statutes 2002, section 221.033, subdivision 
 10.33  3, is repealed. 
 10.34     (c) Minnesota Rules, parts 8860.0100; 8860.0200; 8860.0300; 
 10.35  8860.0400; 8860.0500; 8860.0600; 8860.0700; and 8860.0800, are 
 10.36  repealed. 
 11.1      Sec. 14.  [EFFECTIVE DATES.] 
 11.2      Sections 1 to 12 and 13, paragraph (a), are effective the 
 11.3   day following final enactment.  Section 13, paragraphs (b) and 
 11.4   (c), are effective August 1, 2005.