Bill Text: MN HF3394 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public road or street blocking penalties modified.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-05-16 - Authors added Isaacson, Yarusso [HF3394 Detail]
Download: Minnesota-2013-HF3394-Introduced.html
1.2relating to transportation; railroads; modifying penalties for blocking public roads
1.3or streets;amending Minnesota Statutes 2012, sections 218.071, subdivisions 2,
1.43, 4; 219.383, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 218.071, subdivision 2, is amended to read:
1.7 Subd. 2. Violations generally; penalty. Unless a different penalty or punishment is
1.8specifically prescribed, anyperson, firm, or corporation who performs any unlawful act, or
1.9fails to perform any duty imposed by this chapter, or to obey any valid and final order,
1.10rule, or directive of the commissioner, or who assists and aids therein, shall be guilty of
1.11a gross misdemeanor, and, if the violation be a continuing one, shall be guilty of a new
1.12offense for each day of such continuance, and for each offense shall be punished by a fine
1.13ofone hundred dollars ($100) $1,000. A continuing offense or a second or subsequent
1.14offense under this section shall be punished by a fine of $1,000 for each offense, with
1.15the cumulative fine not to exceed $10,000.
1.16 Sec. 2. Minnesota Statutes 2012, section 218.071, subdivision 3, is amended to read:
1.17 Subd. 3. Discriminatory practices; penalty. Any common carrier ordering or
1.18willfully blocking a public grade crossing for more than ten minutes, or willfully granting
1.19any special rate, rebate, drawback, or directly or indirectly charging, demanding or
1.20collecting a greater or less compensation than provided by its regular established schedule
1.21of rates and charges, shall be punished by a fine not exceeding $10,000 for each such
1.22offense.
2.1 Sec. 3. Minnesota Statutes 2012, section 218.071, subdivision 4, is amended to read:
2.2 Subd. 4. Failure to comply; penalty. Any common carrier failing to comply with
2.3any order of the commissioner shall be subject to a penalty offifty dollars ($50) $1,000
2.4 for each and every day of such failure to comply, to be recovered for the state in a civil
2.5action by the commissioner.
2.6 Sec. 4. Minnesota Statutes 2012, section 219.383, subdivision 3, is amended to read:
2.7 Subd. 3. Not to block public road or street. No railway corporation shall permit
2.8a public road or street crossing a railroad track to be closed for traffic by a standing
2.9car, train, engine, or other railroad equipment, or by a switching movement which
2.10continuously blocks a crossing for longer than ten minutes. A violation or charge under
2.11this section shall be issued only against a railroad common carrier. The charging or
2.12prosecuting jurisdiction shall serve or present notice of a violation or charge under this
2.13section directly on the railroad common carrier's general manager or superintendent's
2.14office in Minnesota. This subdivision does not apply to cities of the first class which
2.15regulate obstruction of streets by ordinance.
2.16 Sec. 5. EFFECTIVE DATE.
2.17Sections 1 to 4 are effective the day following final enactment.
1.3or streets;amending Minnesota Statutes 2012, sections 218.071, subdivisions 2,
1.43, 4; 219.383, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 218.071, subdivision 2, is amended to read:
1.7 Subd. 2. Violations generally; penalty. Unless a different penalty or punishment is
1.8specifically prescribed, any
1.9fails to perform any duty imposed by this chapter, or to obey any valid and final order,
1.10rule, or directive of the commissioner, or who assists and aids therein, shall be guilty of
1.11a gross misdemeanor, and, if the violation be a continuing one, shall be guilty of a new
1.12offense for each day of such continuance, and for each offense shall be punished by a fine
1.13of
1.14offense under this section shall be punished by a fine of $1,000 for each offense, with
1.15the cumulative fine not to exceed $10,000.
1.16 Sec. 2. Minnesota Statutes 2012, section 218.071, subdivision 3, is amended to read:
1.17 Subd. 3. Discriminatory practices; penalty. Any common carrier ordering or
1.18willfully blocking a public grade crossing for more than ten minutes, or willfully granting
1.19any special rate, rebate, drawback, or directly or indirectly charging, demanding or
1.20collecting a greater or less compensation than provided by its regular established schedule
1.21of rates and charges, shall be punished by a fine not exceeding $10,000 for each such
1.22offense.
2.1 Sec. 3. Minnesota Statutes 2012, section 218.071, subdivision 4, is amended to read:
2.2 Subd. 4. Failure to comply; penalty. Any common carrier failing to comply with
2.3any order of the commissioner shall be subject to a penalty of
2.4 for each and every day of such failure to comply, to be recovered for the state in a civil
2.5action by the commissioner.
2.6 Sec. 4. Minnesota Statutes 2012, section 219.383, subdivision 3, is amended to read:
2.7 Subd. 3. Not to block public road or street. No railway corporation shall permit
2.8a public road or street crossing a railroad track to be closed for traffic by a standing
2.9car, train, engine, or other railroad equipment, or by a switching movement which
2.10continuously blocks a crossing for longer than ten minutes. A violation or charge under
2.11this section shall be issued only against a railroad common carrier. The charging or
2.12prosecuting jurisdiction shall serve or present notice of a violation or charge under this
2.13section directly on the railroad common carrier's general manager or superintendent's
2.14office in Minnesota. This subdivision does not apply to cities of the first class which
2.15regulate obstruction of streets by ordinance.
2.16 Sec. 5. EFFECTIVE DATE.
2.17Sections 1 to 4 are effective the day following final enactment.
