reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.60 — Registration Of Interstate Carrier.

221.60 REGISTRATION OF INTERSTATE CARRIER.
Subdivision 1.
Registration required.
A foreign or domestic motor carrier, motor private carrier, leasing company, broker, or freight forwarder, as defined in United States Code, title 49, section 13102, may operate in interstate commerce in Minnesota only if it first complies with the Unified Carrier Registration Agreement authorized by United States Code, title 49, section 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the rules, regulations, and directives adopted thereunder, including registering with a base state and paying all required fees.
Subd. 2.
[Repealed, 2008 c 287 art 1 s 126]
Subd. 3.
[Repealed, 2008 c 287 art 1 s 126]
Subd. 3a.
[Repealed, 2008 c 287 art 1 s 126]
Subd. 4.
[Repealed, 2008 c 287 art 1 s 126]
Subd. 5.
[Repealed, 2008 c 287 art 1 s 126]
Subd. 6.
[Repealed, 2008 c 287 art 1 s 126]
Subd. 7.
Commissioner's authority.
The commissioner of transportation is authorized to take all necessary actions to enter into the Unified Carrier Registration Agreement in accordance with United States Code, title 49, section 14504a, and shall implement and administer the agreement and the rules and regulations adopted thereunder, including directives of the Unified Carrier Registration Plan board of directors as authorized by United States Code, title 49, section 14504a, subsection (d)(2).
History:
1985 c 299 s 27; 1987 c 393 art 2 s 8; 1989 c 318 s 16; 1992 c 578 s 46; 2003 c 2 art 4 s 8; 2008 c 287 art 1 s 85,86
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.605 — Compliance By Carrier.

221.605 COMPLIANCE BY CARRIER.
Subdivision 1.
Federal regulations and state rules.
(a) Interstate carriers and private carriers engaged in interstate commerce shall comply with the federal motor carrier regulations in Code of Federal Regulations, title 49, parts 40, 382, 383, 387, and 390 through 398, which are incorporated by reference, and with the rules of the commissioner concerning inspections, vehicle and driver out-of-service restrictions and requirements, and vehicle, driver, and equipment checklists. For purposes of regulating commercial motor vehicles as defined in section 169.781, subdivision 1, the exemption provided in Code of Federal Regulations, title 49, section 396.11, paragraph (a), clause (5), applies in Minnesota only to driveaway-towaway operations.
(b) An interstate carrier or private carrier engaged in interstate commerce who complies with federal regulations governing testing for controlled substances and alcohol is exempt from the requirements of sections 181.950 to 181.957 unless the carrier's drug testing program provides for testing for controlled substances in addition to those listed in Code of Federal Regulations, title 49, section 40.85. Persons subject to this section may test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section 40.85, only in accordance with sections 181.950 to 181.957 and rules adopted under those sections.
Subd. 2.
Investigation, prosecution, and enforcement.
The commissioner shall investigate the operations of carriers engaged in interstate commerce in Minnesota and their compliance with federal regulations, this chapter, and the rules of the commissioner, and may institute and prosecute proceedings in the proper district court for their enforcement.
Subd. 3.
Out-of-service criteria adopted by reference.
The North American Standard Out-Of-Service Criteria developed and adopted by the Federal Highway Administration and the Commercial Vehicle Safety Alliance are adopted in Minnesota.
Subd. 4.
Federal out-of-service order; operation prohibited.
No interstate carrier or private carrier engaged in interstate commerce shall operate a commercial motor vehicle in Minnesota while a motor carrier out-of-service order issued by the Federal Motor Carrier Safety Administration under Code of Federal Regulations, title 49, part 385 or 386, is in effect.
History:
1988 c 544 s 25; 1990 c 563 s 9; 1991 c 333 s 36; 1992 c 578 s 47; 1996 c 377 s 7; 2002 c 364 s 26; 2004 c 225 s 13; 2009 c 64 s 52; 2015 c 75 art 2 s 36; 2022 c 55 art 1 s 121,122
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.65 — Reciprocal Agreement.

221.65 RECIPROCAL AGREEMENT.
Nothing in this chapter shall be construed to impair the authority of the commissioner to enter into reciprocal agreements with the regulatory bodies of other states and the provinces of the Dominion of Canada, as provided in section 221.231.
For the purposes of section 221.231, the commissioner shall be deemed to be the successor of the Department of Public Service. The commissioner may exercise any power, duty or function heretofore conferred by law or agreement upon the Department of Public Service to the extent necessary to preserve any reciprocal agreement heretofore concluded under the provisions of section 221.231. Nothing in this section shall be construed to prevent the negotiation of new or replacement agreements as conditions and circumstances may warrant.
History:
1963 c 399 s 5; 1971 c 25 s 67; 1976 c 166 s 108; 1985 c 299 s 28
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.67 — Service Of Process.

221.67 SERVICE OF PROCESS.
The use of any of the public highways of this state for the transportation of persons or property for compensation by a motor carrier in interstate commerce shall be deemed an irrevocable appointment by the carrier of the secretary of state to be the carrier's true and lawful attorney upon whom may be served all legal process in any action or proceeding brought under this chapter against the carrier or the carrier's executor, administrator, personal representative, heirs, successors or assigns. This use is a signification of agreement by the interstate motor carrier that any process in any action against the carrier or the carrier's executor, administrator, personal representative, heirs, successors, or assigns which is so served shall be of the same legal force and validity as if served upon the carrier personally. Service shall be made according to section 5.25 and the plaintiff's affidavit of compliance with the provisions of this section and sections 221.60, 221.65, and 221.68 must be attached to the summons.
History:
1963 c 399 s 7; 1980 c 541 s 3; 3Sp1981 c 2 art 1 s 30; 1985 c 299 s 29; 1986 c 444; 1987 c 404 s 157; 1989 c 335 art 1 s 184; 1995 c 128 art 1 s 5
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.68 — Registration Violations; Penalties.

221.68 REGISTRATION VIOLATIONS; PENALTIES.
Any person who violates or procures, aids, or abets violation of, or fails to comply with, the provisions of section 221.60, 221.65, or 221.67 or any valid order or rule of the commissioner issued hereunder is guilty of a misdemeanor; and, additionally, is subject to a penalty of $50 for each and every day of such failure to so comply, to be recovered for the state in a civil action. Each distinct violation is a separate offense.
History:
1963 c 399 s 8; 1971 c 25 s 67; 1976 c 166 s 110; 1980 c 534 s 85; 1985 c 299 s 30; 2001 c 213 s 30; 2009 c 64 s 53
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.71 — Commuter Van; Driver Liability.

221.71 COMMUTER VAN; DRIVER LIABILITY.
Subdivision 1.
Employment relationship.
Notwithstanding any other law to the contrary, the services performed by a driver of a commuter van shall be deemed to be those of an independent contractor and not those of an employee acting within the scope of employment, unless provided in writing to the contrary.
Subd. 2.
Standard of care.
A driver or owner of a commuter van shall not be held to the standard of care applicable to drivers or owners of common carriers, nor shall they be subject to ordinances or rules which relate exclusively to the regulation of drivers or owners of automobiles for hire or other common carriers or public transit carriers.
History:
1976 c 233 s 10; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.82 — Receipts Credited To Trunk Highway Fund.

221.82 RECEIPTS CREDITED TO TRUNK HIGHWAY FUND.
Money received by the commissioner under the provisions of this chapter shall be paid into the state treasury and credited to the trunk highway fund.
History:
1983 c 293 s 85
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.84 — Limousine.

221.84 LIMOUSINE.
Subdivision 1.
Definition.
"Limousine service" means a service that:
(1) is not provided on a regular route;
(2) is provided in a luxury passenger automobile that has a seating capacity of not more than 15 persons, including the driver;
(3) provides only prearranged pickup; and
(4) charges more than a taxicab fare for a comparable trip.
Subd. 2.
Permit required; rules.
(a) No person may operate a for-hire limousine service without a permit from the commissioner.
(b) The commissioner shall adopt rules governing the issuance of permits for for-hire operation of limousines that include:
(1) annual inspections of limousines;
(2) driver qualifications, including requiring a criminal history check of drivers;
(3) insurance requirements;
(4) advertising regulation, including requiring a copy of the permit to be carried in the limousine and use of the words "licensed and insured";
(5) provisions for agreements with political subdivisions for sharing enforcement costs;
(6) issuance of temporary permits and temporary permit fees; and
(7) other requirements deemed necessary by the commissioner.
(c) This section does not apply to limousines operated by persons meeting the definition of private carrier in section 221.012, subdivision 35.
Subd. 3.
Administrative penalties.
The commissioner may issue an order requiring violations of statutes, rules, and local ordinances governing operation of limousines to be corrected and assessing monetary penalties up to $1,000. The commissioner may suspend or revoke a permit for violation of applicable statutes and rules and, upon the request of a political subdivision, may immediately suspend a permit for multiple violations of local ordinances. The commissioner shall immediately suspend a permit for failure to maintain required insurance and shall not restore the permit until proof of insurance is provided. A person whose permit is revoked or suspended or who is assessed an administrative penalty may appeal the commissioner's action in a contested case proceeding under chapter 14.
Subd. 4.
Permit; decal; fees.
(a) The commissioner shall design a distinctive decal to be issued to permit holders under this section. Each decal is valid for one year from the date of issuance. No person may operate a limousine that provides limousine service unless the limousine has such a decal conspicuously displayed.
(b) The fee for each decal is $80. The fee for each permit issued under this section is $150. The commissioner shall deposit all fees under this section in the trunk highway fund.
History:
1991 c 284 s 7; 1992 c 578 s 52; 1997 c 159 art 2 s 38; 2009 c 86 art 1 s 34; 2014 c 175 s 5
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.86 — Partial Immunity For Motor Carrier Employer.

221.86 PARTIAL IMMUNITY FOR MOTOR CARRIER EMPLOYER.
A motor carrier employer that discloses information in good faith about a present or former employee in response to a request pursuant to Code of Federal Regulations, title 49, section 382.413, is immune from civil liability, except in cases of knowing disclosure of false information or negligence, for the disclosure and the consequences proximately caused by the disclosure, provided that:
(1) the employer has and observes a written testing policy and procedure which complies with federal and state laws;
(2) the employer uses a certified laboratory and lawful test procedures;
(3) the employer sends the information to the prospective employer who has requested the information, on a request and authorization form signed by the employee; and
(4) the employer sends only information on the employee for whom the information was requested, that:
(i) shows whether or not, during the preceding two years, the employee tested 0.04 or greater alcohol concentration, tested positive on a verified test for the presence of controlled substances, or refused to be tested for alcohol or controlled substances;
(ii) states the dates of any tests listed in item (i); and
(iii) includes any and all information on confirmatory tests requested by the employee.
History:
1997 c 230 s 19
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 221 — Motor Carriers › Section 221.87 — Indemnity Provision In Motor Carrier Transportation Contracts.

221.87 INDEMNITY PROVISION IN MOTOR CARRIER TRANSPORTATION CONTRACTS.
Subdivision 1.
Void.
Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
Subd. 2.
Definitions.
For the purposes of this section:
(1) "motor carrier transportation contract" means a contract, agreement, or understanding covering:
(i) the transportation of property for compensation or hire by the motor carrier;
(ii) entrance on property by a motor carrier or a private carrier for the purpose of loading, unloading, or transporting property; or
(iii) a service incidental to activity described in item (i) or (ii), including, but not limited to, storage of property; and
(2) "promisee" means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with promisee, and such motor carrier's agents, employees, servants, or independent contractors directly responsible to the motor carrier.
Subd. 3.
Exclusion.
"Motor carrier transportation contract," as defined in this section, shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers, or other intermodal equipment.
History:
2012 c 165 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.01 — Air Rights Affecting Public Service Company.

222.01 AIR RIGHTS AFFECTING PUBLIC SERVICE COMPANY.
Before any air rights over or affecting the property or easements of any railway company or other public utility company are leased, sold, acquired, or used, application shall be made to the commissioner of transportation for permission to acquire or use such rights. The commissioner is hereby authorized to hear said application and to determine whether or not such permission shall be granted; provided, that in all cases where said air rights are within the corporate limits of cities of the first class, said rights shall only be acquired, held, or used with the consent of the common council or other governing body of such city.
History:
(7501-11) 1931 c 300 s 1; 1971 c 25 s 67; 1976 c 166 s 111
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.05 — Municipal Transfer Of Public Land.

222.05 MUNICIPAL TRANSFER OF PUBLIC LAND.
The governing board of any municipal corporation may grant, sell, convey, or lease any public grounds within its corporate limits to any railway corporation, subject to all the rights of the original proprietors of such grounds.
History:
(7505) RL s 2894
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.26 — Right-of-way Over Public Way.

222.26 RIGHT-OF-WAY OVER PUBLIC WAY.
When, in the location of any railroad, it becomes necessary to occupy any road, street, alley, or other public way, the municipal corporation or other public authority owning or having charge thereof and the railroad company may agree upon the manner, terms, and conditions in and upon which the same may be used or occupied, or such corporation may appropriate so much of the same as shall be necessary by condemnation proceedings under the power of eminent domain.
History:
(7525) RL s 2916; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.27 — Power To Acquire Property.

222.27 POWER TO ACQUIRE PROPERTY.
Every foreign and domestic railroad corporation shall have power to acquire, by purchase or condemnation, all necessary roadways, spur and side tracks, rights-of-way, depot grounds, yards, grounds for gravel pits, machine shops, warehouses, elevators, depots, station houses, and all other structures necessary or convenient for the use, operation, or enjoyment of the road, and may make with any other railroad company, such arrangements for the use of any portion of its tracks and roadbeds as it may deem necessary.
History:
(7526) RL s 2917; 1913 c 502 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.29 — Contractor's Bond; Liability Of Company.

222.29 CONTRACTOR'S BOND; LIABILITY OF COMPANY.
Any railway contracting for the construction or repair of its road shall take from the contractor a sufficient bond, conditioned that the contractor will pay all laborers, mechanics, and other persons performing any part of the work, all just debts due them or incurred in carrying on such work, which bond or a certified copy thereof shall be recorded with the county recorder of each county where any part of the work is done. All persons to whom such contractor shall be indebted for any such work, and such railway company in case it shall have paid any debt, claim, or demand as hereinafter provided, may bring an action on such bond for the price of such work or amount of such payment. If the contractor giving the bond shall fail to pay any indebtedness for such work or services; or, if any railway company shall fail to take and file such bond, such company shall be liable for the amount of all such debts incurred by such contractor under or pursuant to such contract. Such laborers, mechanics, or other persons shall give the notice and take the action prescribed in section 222.30.
History:
(7528) RL s 2919; 1976 c 181 s 2; 1986 c 444; 2005 c 4 s 32
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.30 — Liability Of Company After Notice.

222.30 LIABILITY OF COMPANY AFTER NOTICE.
When a contractor or subcontractor employed by a railway company in the construction or repair of its railway shall be indebted to any laborer or mechanic for services rendered, such railway company shall be liable to pay such laborer or mechanic the amount of such debt, provided the laborer or mechanic shall have given notice of the claim to such company within 60 days after the debt accrued. Such notice shall be in writing, specify the particular nature and amount of the debt, claim, or demand, and be delivered to the secretary or chief engineer of such company, or to the engineer in charge of the construction or repairing of that portion of the road upon which such labor was performed, either personally or by leaving the same at the office or usual place of business of such secretary or engineer; but no action shall be maintained against any railway company under the foregoing provisions unless the same shall be commenced within 60 days after the service of notice as aforesaid.
History:
(7529) RL s 2920; 1986 c 444
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.33 — Office In State.

222.33 OFFICE IN STATE.
Every domestic railroad corporation shall establish an office at some point within this state, on the line of its road, to be known as its general office, and keep in such office some officer or agent, upon whom service of all legal process against such company may be made, and who shall be authorized to hear and determine all questions relating to its current business arising within the state. There shall be kept in such office at all times the original minutes of the board of directors or executive committee, and a list of its stockholders, or a true copy thereof, corrected from time to time so as to show all transfers and changes.
History:
(7532) RL s 2923
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.34 — Land Grant Railroad Company.

222.34 LAND GRANT RAILROAD COMPANY.
Every land grant railroad company shall keep at some public office within this state the originals, or copies, of all books, papers, and records of every description relating to lands sold, contracted, encumbered, or owned by it, so as to show clearly all material matters connected with its grant and the management of its lands. Such books and papers shall be open to inspection by the commissioner of management and budget, the commissioner of transportation, or any agent appointed by the governor for that purpose. Every such corporation failing to comply with the provisions of this section and section 222.33 shall forfeit to the state $500 for each month it shall fail to maintain the offices specified therein or either of them. Proceedings to recover such forfeiture shall be prosecuted by the attorney general in the name of the state.
History:
(7533) RL s 2924; 1971 c 25 s 67; 1973 c 492 s 14; 1976 c 166 s 112; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.36 — Power Of Eminent Domain In Certain Cases.

222.36 POWER OF EMINENT DOMAIN IN CERTAIN CASES.
Any public service corporation shall have the right to obtain by condemnation, under the power of eminent domain, any land, or any right over, through, or across the same, or any easement therein, necessary for the convenient prosecution of its enterprise; and any telegraph or telephone company may in the same manner acquire the right to construct its lines over, along, and upon the right-of-way and lands of any railway company upon making just compensation therefor to such company; but such right shall at all times be subject to the right of the railway company to use its right-of-way and lands for railway purposes, and these telegraph or telephone lines shall be so located, constructed, and maintained as not to interfere with the usual operation of such railway.
History:
(7535) RL s 2926; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.46 — Rail Service Improvement Act; Purpose.

222.46 RAIL SERVICE IMPROVEMENT ACT; PURPOSE.
The legislature finds and determines that integrated transportation systems, including railways, highways and airways, are necessary in order to meet the economic and energy needs of the citizens of the state, both now and in the future. The legislature finds that a portion of the present railroad system in the state does not provide adequate service to citizens of the state. The legislature further finds and determines that it is in the best interest of the state to establish and fund a rail service improvement program and to establish a railroad planning process in order to preserve and improve essential rail service in the state.
History:
1976 c 204 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.48 — Definitions.

222.48 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 222.46 to 222.54, the terms defined in this section shall have the meanings given them herein.
Subd. 1a.
Commissioner.
"Commissioner" means the commissioner of transportation.
Subd. 2.
Department.
"Department" means the Department of Transportation.
Subd. 3.
[Renumbered subd 1a]
Subd. 3a.
[Repealed, 2012 c 287 art 4 s 50]
Subd. 4.
Rail line.
"Rail line" means railroad roadbeds, track, track structure, and other appurtenances of railroad right-of-way.
Subd. 5.
Rail service.
"Rail service" means rail transportation and local rail service.
Subd. 6.
Rail users.
"Rail users" means shippers, consignors, or other business entities that depend upon or benefit from the movement of goods and products by means of rail service.
Subd. 7.
[Renumbered subd 3a]
History:
1976 c 204 s 3; Ex1979 c 1 s 30
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.49 — Rail Service Improvement Accounts; Appropriation.

222.49 RAIL SERVICE IMPROVEMENT ACCOUNTS; APPROPRIATION.
(a) A rail service improvement account is created in the special revenue fund in the state treasury. The account consists of funds as provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account, excluding bond proceeds as authorized by article XI, section 5, clause (i), of the Minnesota Constitution. All money so deposited is appropriated to the department for expenditure for rail service improvement in accordance with applicable state and federal law. This appropriation shall not lapse but shall be available until the purpose for which it was appropriated has been accomplished.
(b) A rail service improvement account is created in the bond proceeds fund. The account consists of state bond proceeds appropriated to the commissioner. Money in the account may only be expended for the purposes specified in section 222.50 that are permitted under the Minnesota Constitution, article XI, section 5, clause (a) or (i).
History:
1976 c 204 s 4; Ex1979 c 1 s 45; 1981 c 338 s 2; 1982 c 600 s 3; 1989 c 299 s 5; 2006 c 258 s 36; 1Sp2017 c 3 art 3 s 106; 2018 c 214 art 2 s 10
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.51 — Participation By Political Subdivision.

222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
The governing body of any political subdivision of the state may, with the approval of the commissioner, appropriate money for rail service improvement and may participate in the state rail service improvement program and federal rail programs.
History:
1976 c 204 s 6; Ex1979 c 1 s 35; 2012 c 287 art 4 s 42
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.52 — Cooperation Between States.

222.52 COOPERATION BETWEEN STATES.
The commissioner may cooperate with other states in connection with the rail service improvement program and the railroad planning process. In exercising the authority conferred by this section, the commissioner may enter into contractual agreements with other states.
History:
1976 c 204 s 7; Ex1979 c 1 s 45
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.53 — Acceptance Of Federal Money.

222.53 ACCEPTANCE OF FEDERAL MONEY.
The commissioner may exercise those powers necessary for the state to qualify for, accept, and disburse any federal money, including the power to:
(1) establish an adequate plan for rail service in the state as part of an overall planning process for all transportation services in the state, including a suitable process for updating, revising, and amending the plan;
(2) administer and coordinate the plan with other state agencies, and provide for the equitable distribution of resources;
(3) develop, promote, and support safe, adequate, and efficient rail transportation services; employ qualified personnel; maintain adequate programs of investigation, research, promotion, and development, with provisions for public participation; and take all practical steps to improve transportation safety and reduce transportation-related energy utilization and pollution;
(4) adopt and maintain adequate procedures for financial control, accounting, and performance evaluation in order to assure proper use of state and federal money; and
(5) do all things otherwise necessary to maximize federal assistance to the state.
History:
1976 c 204 s 8; Ex1979 c 1 s 36; 2012 c 287 art 4 s 43
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.54 — Access To Information.

222.54 ACCESS TO INFORMATION.
The commissioner may request any railroad to provide such information as is reasonably necessary to carry out the purposes of sections 222.46 to 222.54. After a reasonable time to comply with the request, the commissioner may make final demand for the requested information. If the information is not provided within 60 days of final demand the commissioner may issue a subpoena to compel production of the information. The commissioner shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
History:
1976 c 204 s 9; Ex1979 c 1 s 45
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.545 — Advocacy Of Improved Service.

222.545 ADVOCACY OF IMPROVED SERVICE.
The commissioner may advocate and promote improved rail service and more effective use of available rail service at a reasonable cost by:
(1) providing technical assistance to rail users;
(2) negotiating with persons representing the rail industry and other transportation modes; and
(3) appearing on behalf of the public in the regulatory, rulemaking, and other proceedings of state and federal agencies in support of improved and innovative rail service and for other purposes.
History:
Ex1979 c 1 s 37
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.55 — Rail User And Rail Carrier Loan Guarantee Program; Purpose.

222.55 RAIL USER AND RAIL CARRIER LOAN GUARANTEE PROGRAM; PURPOSE.
In order to aid rail users in obtaining credit for participation in contracts for rail line and rolling stock rehabilitation, acquisition, or installation and for paying the costs of capital improvements necessary to improve rail service or reduce the impact of discontinuance of rail service, and to aid rail carriers in the rehabilitation of locomotives and the acquisition and rehabilitation of rolling stock, there is established a rail user and rail carrier loan guarantee program to provide state money in guarantee of loans made according to the provisions of sections 222.55 to 222.62.
History:
1978 c 667 s 1; Ex1979 c 1 s 38; 1994 c 635 art 1 s 21
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.56 — Definitions.

222.56 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 222.55 to 222.62 the terms defined in this section have the meanings given.
Subd. 1a.
Account.
"Account" means the rail user loan guarantee account created by section 222.57.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of transportation.
Subd. 3.
[Renumbered subd 1a]
Subd. 3a.
Guarantee.
"Guarantee" means a personal or corporate obligation to pay the loan.
Subd. 4.
Lender.
"Lender" means any state or federally chartered bank, or in the case of revenue bonds issued under chapter 469, the municipality, county, or rural development financing authority.
Subd. 5.
Loan.
"Loan" means a loan or advance of credit provided by a financial institution to (1) either a rail user or rail carrier for participation in contracts for rail line or rolling stock rehabilitation, acquisition, or installation, or for paying the costs of capital improvements necessary to improve rail service or reduce the impact of discontinuance of rail service, or (2) a rail carrier for rehabilitation of locomotives.
Subd. 6.
[Renumbered subd 3a]
Subd. 7.
[Renumbered subd 8a]
Subd. 8.
Rail carrier.
"Rail carrier" means a common carrier by rail engaged in rail transportation of people, goods, or products for hire.
Subd. 8a.
Rail user.
"Rail user" has the meaning given that term in section 222.48, subdivision 6.
Subd. 9.
Rolling stock.
"Rolling stock" means railcars, machinery, and equipment used by a rail carrier to move people, goods, and products, but does not include maintenance of way equipment or tools used in the maintenance or upgrade of track.
History:
1978 c 667 s 2; Ex1979 c 1 s 39; 1994 c 635 art 1 s 22-25; 2022 c 55 art 1 s 124
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.57 — Rail User And Rail Carrier Loan Guarantee Account.

222.57 RAIL USER AND RAIL CARRIER LOAN GUARANTEE ACCOUNT.
There is created a rail user and rail carrier loan guarantee account as a separate account in the rail service improvement account, which shall be used by the commissioner for carrying out the provisions of sections 222.55 to 222.62 with respect to loans insured under section 222.58. The commissioner may transfer to the rail user and rail carrier loan guarantee account from money otherwise available in the rail service improvement account whatever amount is necessary to implement the rail user and rail carrier loan guarantee program, except that bond proceeds may not be transferred to the account for insurance of loans made for the purposes specified in section 222.58, subdivision 2, paragraph (b), clauses (3) to (5). The commissioner may withdraw any amount from the rail user and rail carrier loan guarantee account that is not required to insure outstanding loans as provided in section 222.60, subdivision 1.
History:
1978 c 667 s 3; Ex1979 c 1 s 40; 1994 c 635 art 1 s 26
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.59 — Investment Of Funds.

222.59 INVESTMENT OF FUNDS.
Money in the account not needed for the current operations of the commissioner related to insurance under section 222.58 may be deposited with the State Board of Investment. The Board of Investment may invest this money as provided for investment of moneys in the state treasury by section 11A.25. All interest and profits accruing from investment of the account's money shall be credited to and be a part of the account, and any loss incurred in the principal of the investments of the account shall be borne by the account.
History:
1978 c 667 s 5; 1980 c 607 art 14 s 46
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.60 — Maximum Amount Of Insurance Issued.

222.60 MAXIMUM AMOUNT OF INSURANCE ISSUED.
Subdivision 1.
Related to account balance.
The commissioner shall not at any time issue insurance under section 222.58 aggregating in excess of an amount equal to the current balance contained in the account multiplied by ten.
Subd. 2.
When account balance falls.
Any insurance properly issued under the provisions of subdivision 1 and otherwise in compliance with the requirements of sections 222.55 to 222.62 shall be valid if the current balance contained in the account subsequently falls below the amount specified in subdivision 1.
History:
1978 c 667 s 6
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.62 — Cooperation Of Other State Agencies.

222.62 COOPERATION OF OTHER STATE AGENCIES.
Upon the request of the commissioner, the commissioner of employment and economic development and the commissioner of commerce shall provide technical assistance and shall otherwise cooperate in carrying out the provisions of sections 222.55 to 222.62.
History:
1978 c 667 s 8; 1980 c 516 s 2; 1981 c 356 s 183; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1987 c 312 art 1 s 26 subd 2; 1Sp2003 c 4 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.631 — Definitions.

222.631 DEFINITIONS.
Subdivision 1.
Terms.
For purposes of sections 222.631 and 222.632, the following terms have the meanings given them.
Subd. 2.
Fair market value.
"Fair market value" means the price negotiated between the parties under section 222.632, or the market value of the property minus the value of any leasehold improvements, as determined by independent appraisers.
Subd. 3.
Leaseholder.
"Leaseholder" means a person who holds a lease, license, or permit with respect to property within a right-of-way, and who has erected eligible leasehold improvements on the property with a total fair market value of $7,500 or more.
Subd. 3a.
Nonrailroad lessor.
"Nonrailroad lessor" means one who has granted to a lessee an interest in property within a right-of-way and who is neither (1) an operator of a railroad on the right-of-way, nor (2) an owner of a controlling interest in or under common control with a railroad that operates on the right-of-way.
Subd. 4.
Railroad interest.
"Railroad interest" includes a railroad corporation, its trustee or successor in interest, a railroad corporation which is in proceedings for bankruptcy under federal law, and a nonrailroad holding corporation that owns a controlling interest in a railroad.
Subd. 5.
Right-of-way.
"Right-of-way" has the meaning given it in section 222.63, subdivision 1.
Subd. 6.
[Renumbered subd 3a]
History:
1986 c 398 art 14 s 1; 1989 c 212 s 1; 2002 c 379 art 1 s 59
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.632 — Right Of First Refusal.

222.632 RIGHT OF FIRST REFUSAL.
A railroad interest that is in bankruptcy proceedings may not sell or offer for sale an interest in real property that is within the right-of-way, a railroad interest that is abandoning a railroad line may not sell or offer for sale an interest in real property within the right-of-way to be abandoned, and a nonrailroad lessor may not sell or offer for sale an interest in real property within the right-of-way with respect to which it is a nonrailroad lessor, unless it first extends a written offer to sell that interest at a fair market value price to each person who is a leaseholder with respect to the property. Leaseholders must respond to the offer within 60 days of receipt of the notice and the railroad interest must negotiate in good faith with an interested leaseholder for a period of 90 days following the leaseholder's response. The property may not be sold to a party other than the leaseholder during the response and negotiation periods. This section does not apply to a sale of an entire operating railroad line by one operating railroad to another for the purpose of operating a railroad.
History:
1986 c 398 art 14 s 2; 1989 c 212 s 2; 1998 c 403 s 29; 2001 c 213 s 27
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.64 — Employment Preference.

222.64 EMPLOYMENT PREFERENCE.
Individuals who have been previously employed by railroads, whose users obtain guaranteed loans or other assistance pursuant to sections 222.46 to 222.64, shall have priority, based upon their length of service with that railroad, in employment with a purchasing carrier or other operator of a railroad benefiting from those loans or other assistance.
History:
1980 c 558 s 7
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.85 — Definitions.

222.85 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 222.85 to 222.88, the following terms have the meanings given them in this section.
Subd. 2.
Acquiring carrier.
"Acquiring carrier" means a business entity that acquires by purchase, lease, or other device a line of railroad, except carriers acquiring an abandoned line, with the intent of operating it for the purpose of continuing the commercial transportation of goods or passengers over the line.
Subd. 3.
[Renumbered subd 5]
Subd. 4.
Divesting carrier.
"Divesting carrier" means a common carrier or business entity engaged in transportation of goods by rail that divests a line of railroad by sale, lease, or other device.
Subd. 5.
Labor organization.
"Labor organization" has the meaning given it in the Labor-Management Reporting and Disclosure Act, United States Code, title 29, section 402, and certified under the Railway Labor Act, United States Code, title 45, sections 151 to 163.
History:
1988 c 676 s 1
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.86 — Acquisition Reporting And Disclosure.

222.86 ACQUISITION REPORTING AND DISCLOSURE.
Subdivision 1.
Notice of exempt transaction.
An acquiring carrier shall submit written notification to the attorney general and the commissioner of transportation of its intent to initiate an exempt transaction under Code of Federal Regulations, title 49, part 1150, at least 14 days before filing a notice of exemption with the Surface Transportation Board.
Subd. 2.
Identity and financial information.
The notification must designate the complete private or corporate identity of the acquiring carrier, the complete identity of the divesting carrier, and a thorough description of the line of railroad involved.
Subd. 3.
Applicability to requirements of law.
Acquiring and divesting carriers shall attend conferences with the attorney general or the commissioner of transportation prior to filing a notice of exemption with the Surface Transportation Board. The divesting and acquiring carriers shall respond to questions and requests for information related to the issue of whether the proposed transaction is consistent with the requirements of the Surface Transportation Board, other applicable federal law, and state law. Copies of the sale contract, market and feasibility studies, and full financial information as to the acquiring carrier must be provided at those conferences.
All information, submitted by the acquiring and divesting carriers as confidential, shall remain nonpublic data and private data on individuals in accordance with chapter 13 and shall not be divulged to any outside parties, except to the Surface Transportation Board as a part of a filing in relation to the proposed transaction. The attorney general and the commissioner of transportation shall take the necessary steps to assure confidentiality.
History:
1988 c 676 s 2; 2003 c 2 art 4 s 15,16
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.87 — Preservation Of Contract, Legal Status.

222.87 PRESERVATION OF CONTRACT, LEGAL STATUS.
Subdivision 1.
Shipping contracts.
An acquiring carrier succeeds to and is bound by the contracts, agreements, and understandings between the divesting carrier and any shipper within this state for a period equaling the stated term of the contract or six months, whichever is greater.
Subd. 2.
Government contract.
An acquiring carrier succeeds to and is bound by the contracts, agreements, and understandings between the divesting carrier and the state of Minnesota and any governmental subdivision for a period equal to the stated term of the contract, agreement, or understanding or six months, whichever is greater.
Subd. 3.
Construction.
This section does not alter, and shall not be construed to alter, the rights of all parties to renegotiate contracts under subdivisions 1 and 2 at any time mutually agreeable.
History:
1988 c 676 s 3
2023 Minnesota Statutes › Chapters 218 - 222 — Carriers › Chapter 222 — Railroad Commerce And Property › Section 222.88 — Priority In Hiring.

222.88 PRIORITY IN HIRING.
An acquiring carrier under sections 222.85 to 222.87 shall give priority in hiring, based upon length of service on the affected rail line, to employees of the divesting carrier performing service in connection with the affected rail line. To assert priority, the employee must be qualified by experience and training to perform the available job.
History:
1988 c 676 s 4
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.15 — Citation.

223.15 CITATION.
Sections 223.15 to 223.19 may be cited as the "Grain Buyers Act."
History:
1982 c 635 s 2; 1983 c 374 s 20
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.175 — Written Voluntary Extension Of Credit Contracts; Form.

223.175 WRITTEN VOLUNTARY EXTENSION OF CREDIT CONTRACTS; FORM.
A written confirmation required under section 223.177, subdivision 2, and a written voluntary extension of credit contract must include those items prescribed by the commissioner by rule. A contract shall include a statement of the legal and financial responsibilities of grain buyers and sellers established in this chapter. A contract shall also include the following statement in not less than ten point, all capital type, framed in a box with space provided for the seller's signature: "THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT MAY NOT BE COVERED COMPLETELY BY THE GRAIN INDEMNITY ACCOUNT." If a written contract is provided at the time the grain is delivered to the grain buyer, the seller shall sign the contract in the space provided beneath the statement. A transaction that does not meet the provisions of a voluntary extension of credit, including the issuance and signing of a voluntary extension of credit contract, is a cash sale.
History:
1983 c 374 s 9; 2000 c 477 s 62; 2023 c 43 art 2 s 129
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.19 — Rules.

223.19 RULES.
The commissioner may make rules pursuant to chapter 14 to carry out the provisions of sections 223.15 to 223.28.
History:
1982 c 635 s 6; 1983 c 374 s 12,20; 1984 c 640 s 32; 1997 c 7 art 5 s 19; 1Sp2019 c 1 art 4 s 10; 2023 c 43 art 2 s 130
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.20 — Regulation Of Grain Buyers And Grain Storage.

223.20 REGULATION OF GRAIN BUYERS AND GRAIN STORAGE.
The commissioner may create a separate division within the Department of Agriculture for the purpose of administering this chapter and chapter 232.
History:
1983 c 374 s 13
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.22 — Investigation; Education.

223.22 INVESTIGATION; EDUCATION.
Subdivision 1.
Legislative investigation.
The legislature recommends that the standing committees of the house of representatives and senate with jurisdiction over agriculture investigate methods of protecting producers when marketing grain using voluntary extension of credit contracts, including establishment of a state administered trust fund, private insurance, or reinsurance, and methods which grain buyers can use to protect themselves and grain producers from grain price fluctuations.
Subd. 2.
Education.
The commissioner shall make every effort to inform grain producers and grain buyers of the protections and exposures which result from application of this chapter.
History:
1983 c 374 s 15
2023 Minnesota Statutes › Chapters 223 - 236A — Farm Products, Commercial Practices › Chapter 223 — Grain Buyers › Section 223.23 — Annual Examination Required; Supplemental Examinations.

223.23 ANNUAL EXAMINATION REQUIRED; SUPPLEMENTAL EXAMINATIONS.
A licensed grain buyer is subject to an annual examination conducted by the commissioner or the Agricultural Marketing Service of the United States Department of Agriculture. Examinations must include a measurement of all grain owned and maintained by the grain buyer. The commissioner may require supplemental examinations of a grain buyer as the commissioner deems necessary.
History:
1Sp2019 c 1 art 4 s 11