HF 2952

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for advertising 
  1.3             and receiving highway construction and maintenance 
  1.4             bids over the Internet; allowing interest on repayment 
  1.5             of money advanced to department of transportation for 
  1.6             interregional transportation corridor development; 
  1.7             modifying provisions for speed limits in highway work 
  1.8             zones; transferring responsibility for distributing 
  1.9             certain funds for highway safety to commissioner of 
  1.10            public safety; transferring responsibilities from 
  1.11            transportation regulation board to commissioner of 
  1.12            transportation; making technical and clarifying 
  1.13            changes; modifying provisions relating to statewide 
  1.14            communications system; providing for fees; amending 
  1.15            Minnesota Statutes 1998, sections 161.32, subdivisions 
  1.16            1, 1a, 1b, and 1e; 169.14, subdivision 5d; 174.02, 
  1.17            subdivisions 4 and 5; 174.10, subdivisions 1, 3, and 
  1.18            4; 174A.02, subdivisions 1 and 2; 174A.04; 219.402; 
  1.19            Minnesota Statutes 1999 Supplement, sections 171.29, 
  1.20            subdivision 2; 174.70, subdivisions 2 and 3; 174A.02, 
  1.21            subdivision 4; 174A.06; 221.031, subdivision 1; 
  1.22            amending Laws 1999, chapter 238, article 1, section 2, 
  1.23            subdivision 7; proposing coding for new law in 
  1.24            Minnesota Statutes, chapter 161; repealing Minnesota 
  1.25            Statutes 1998, sections 174A.01; 174A.02, subdivision 
  1.26            5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 
  1.27            219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 
  1.28            219.70; 219.71; 219.741; 219.743; 219.751; 219.755; 
  1.29            219.85; 219.97; 222.633; Minnesota Statutes 1999 
  1.30            Supplement, section 174.70, subdivision 1; Minnesota 
  1.31            Rules, part 8850.6900.  
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33     Section 1.  Minnesota Statutes 1998, section 161.32, 
  1.34  subdivision 1, is amended to read: 
  1.35     Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
  1.36  may conduct the work or any part thereof incidental to the 
  1.37  construction and maintenance of the trunk highways by labor 
  1.38  employed therefor or by contract.  In cases of construction 
  2.1   work, the commissioner shall first advertise for bids for 
  2.2   contracts, and if no satisfactory bids are received, may either 
  2.3   reject all bids and readvertise, or do the work by labor 
  2.4   employed therefor.  Except as hereinafter provided, when work is 
  2.5   to be done under contract, the commissioner shall advertise for 
  2.6   bids once each week for three successive weeks prior to the date 
  2.7   such bids are to be received.  The An advertisement for bids 
  2.8   shall be published in a newspaper or other periodical of general 
  2.9   circulation in the state may be placed on the Internet.  The 
  2.10  plans and specifications for the proposed work shall must be on 
  2.11  file in the commissioner's office prior to the first call for 
  2.12  bids. 
  2.13     Sec. 2.  Minnesota Statutes 1998, section 161.32, 
  2.14  subdivision 1a, is amended to read: 
  2.15     Subd. 1a.  [STANDARD SPECIFICATIONS, SECURITY.] Contracts 
  2.16  under this section must be based on specifications prescribed by 
  2.17  the commissioner.  Each bidder for a contract must shall furnish 
  2.18  security approved by the commissioner to ensure completion of 
  2.19  the contract.  The commissioner may require that bid, 
  2.20  performance or payment bonds, or other security be furnished 
  2.21  electronically.  
  2.22     Sec. 3.  Minnesota Statutes 1998, section 161.32, 
  2.23  subdivision 1b, is amended to read: 
  2.24     Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
  2.25  bids electronically in a form and manner required by the 
  2.26  commissioner.  After giving six months' notice in the manner in 
  2.27  which bids are advertised, the commissioner may require that 
  2.28  bids for contracts be submitted electronically.  A bid submitted 
  2.29  by electronic means must bear a digital signature verified by 
  2.30  the public key listed in a certificate that was issued by a 
  2.31  licensed certification authority and that was valid at the time 
  2.32  the digital signature was created.  Trunk highway construction 
  2.33  contracts, including design-build contracts, must be awarded to 
  2.34  the lowest responsible bidder, taking into consideration 
  2.35  conformity with the specifications, the purpose for which the 
  2.36  contract or purchase is intended, the status and capability of 
  3.1   the vendor, and other considerations imposed in the call for 
  3.2   bids.  The commissioner may decide which is the lowest 
  3.3   responsible bidder for all contracts and may use the principles 
  3.4   of life-cycle costing, where when appropriate, in determining 
  3.5   the lowest overall bid.  Any or all bids may be rejected.  In a 
  3.6   case where When competitive bids are required and where all bids 
  3.7   are rejected, new bids, if solicited, must be called for as in 
  3.8   the first instance, unless otherwise provided by law. 
  3.9      Sec. 4.  Minnesota Statutes 1998, section 161.32, 
  3.10  subdivision 1e, is amended to read: 
  3.11     Subd. 1e.  [RECORD.] A record must be kept of all bids, 
  3.12  including names of bidders, amounts of bids, and each successful 
  3.13  bid.  This record is open to public inspection.  After bids have 
  3.14  been opened, this information may be posted on the Internet. 
  3.15     Sec. 5.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
  3.16  CORRIDOR DEVELOPMENT.] 
  3.17     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
  3.18  the commissioner, a road authority other than the commissioner 
  3.19  or two or more road authorities that have entered into a joint 
  3.20  powers agreement under section 471.59 may make advances from any 
  3.21  available funds to the commissioner to expedite development of 
  3.22  an interregional transportation corridor, including funds for 
  3.23  design consultants, for purchasing right-of-way, for 
  3.24  construction, or for other related expenditures. 
  3.25     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
  3.26  money, the commissioner shall repay the amount advanced under 
  3.27  this section, up to the state's share of costs, under terms of 
  3.28  the agreement.  The agreement may provide for payment of 
  3.29  interest on the amount of advanced funds.  The maximum interest 
  3.30  rate that may be paid is the rate earned by the state on 
  3.31  invested treasurer's cash for the month before the date the 
  3.32  agreement is executed or the actual interest paid by the road 
  3.33  authority in borrowing for the amount advanced, whichever rate 
  3.34  is less.  The total amount of annual repayment to road 
  3.35  authorities under this section must never exceed the amount 
  3.36  stated in the department's debt management policy or 
  4.1   $10,000,000, whichever is less. 
  4.2      Sec. 6.  Minnesota Statutes 1998, section 169.14, 
  4.3   subdivision 5d, is amended to read: 
  4.4      Subd. 5d.  [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 
  4.5   commissioner, on trunk highways and temporary trunk highways, 
  4.6   and local authorities, on streets and highways under their 
  4.7   jurisdiction, may authorize, at their discretion, the use of 
  4.8   reduced maximum speed limits in highway work zones.  The 
  4.9   commissioner or local authority is not required to conduct an 
  4.10  engineering and traffic investigation before authorizing a 
  4.11  reduced speed limit in a highway work zone. 
  4.12     (b) The minimum highway work zone speed limit is 20 miles 
  4.13  per hour.  The work zone speed limit must not reduce the 
  4.14  established speed limit on the affected street or highway by 
  4.15  more than 15 miles per hour, except that the highway work zone 
  4.16  speed limit shall not exceed 40 miles per hour.  The 
  4.17  commissioner or local authority shall post the limits of the 
  4.18  work zone.  Highway work zone speed limits are effective on 
  4.19  erection of appropriate regulatory speed limit signs.  The signs 
  4.20  must be removed or covered when they are not required.  A speed 
  4.21  greater than the posted highway work zone speed limit is 
  4.22  unlawful.  
  4.23     (c) For purposes of this subdivision, "highway work zone" 
  4.24  means a segment of highway or street where a road authority or 
  4.25  its agent is constructing, reconstructing, or maintaining the 
  4.26  physical structure of the roadway, its shoulders, or features 
  4.27  adjacent to the roadway, including underground and overhead 
  4.28  utilities and highway appurtenances, when workers are present. 
  4.29     (d) Notwithstanding section 609.0331 or 609.101 or other 
  4.30  law to the contrary, a person who violates a speed limit 
  4.31  established under paragraph (b), or who violates any other 
  4.32  provision of this section while in a highway work zone, is 
  4.33  assessed an additional surcharge equal to the amount of the fine 
  4.34  imposed for the speed violation, but not less than $25. 
  4.35     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  4.36  171.29, subdivision 2, is amended to read: 
  5.1      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  5.2   license has been revoked as provided in subdivision 1, except 
  5.3   under section 169.121 or 169.123, shall pay a $30 fee before the 
  5.4   driver's license is reinstated. 
  5.5      (b) A person whose driver's license has been revoked as 
  5.6   provided in subdivision 1 under section 169.121 or 169.123 shall 
  5.7   pay a $250 fee plus a $40 surcharge before the driver's license 
  5.8   is reinstated.  The $250 fee is to be credited as follows: 
  5.9      (1) Twenty percent shall must be credited to the trunk 
  5.10  highway fund. 
  5.11     (2) Fifty-five percent shall must be credited to the 
  5.12  general fund. 
  5.13     (3) Eight percent shall must be credited to a separate 
  5.14  account to be known as the bureau of criminal apprehension 
  5.15  account.  Money in this account may be appropriated to the 
  5.16  commissioner of public safety and the appropriated amount shall 
  5.17  must be apportioned 80 percent for laboratory costs and 20 
  5.18  percent for carrying out the provisions of section 299C.065. 
  5.19     (4) Twelve percent shall must be credited to a separate 
  5.20  account to be known as the alcohol-impaired driver education 
  5.21  account.  Money in the account is appropriated as follows: 
  5.22     (i) The first $200,000 in a fiscal year is to the 
  5.23  commissioner of children, families, and learning for programs 
  5.24  for elementary and secondary school students.; and 
  5.25     (ii) The remainder credited in a fiscal year is 
  5.26  appropriated to the commissioner of transportation public safety 
  5.27  to be spent as grants to the Minnesota highway safety center at 
  5.28  St. Cloud State University for programs relating to alcohol and 
  5.29  highway safety education in elementary and secondary schools. 
  5.30     (5) Five percent shall must be credited to a separate 
  5.31  account to be known as the traumatic brain injury and spinal 
  5.32  cord injury account.  The money in the account is annually 
  5.33  appropriated to the commissioner of health to be used as 
  5.34  follows:  35 percent for a contract with a qualified 
  5.35  community-based organization to provide information, resources, 
  5.36  and support to assist persons with traumatic brain injury and 
  6.1   their families to access services, and 65 percent to maintain 
  6.2   the traumatic brain injury and spinal cord injury registry 
  6.3   created in section 144.662.  For the purposes of this clause, a 
  6.4   "qualified community-based organization" is a private, 
  6.5   not-for-profit organization of consumers of traumatic brain 
  6.6   injury services and their family members.  The organization must 
  6.7   be registered with the United States Internal Revenue Service 
  6.8   under the provisions of section 501(c)(3) as a tax-exempt 
  6.9   organization and must have as its purposes:  
  6.10     (i) the promotion of public, family, survivor, and 
  6.11  professional awareness of the incidence and consequences of 
  6.12  traumatic brain injury; 
  6.13     (ii) the provision of a network of support for persons with 
  6.14  traumatic brain injury, their families, and friends; 
  6.15     (iii) the development and support of programs and services 
  6.16  to prevent traumatic brain injury; 
  6.17     (iv) the establishment of education programs for persons 
  6.18  with traumatic brain injury; and 
  6.19     (v) the empowerment of persons with traumatic brain injury 
  6.20  through participation in its governance. 
  6.21     No patient's name, identifying information or identifiable 
  6.22  medical data will be disclosed to the organization without the 
  6.23  informed voluntary written consent of the patient or patient's 
  6.24  guardian, or if the patient is a minor, of the parent or 
  6.25  guardian of the patient. 
  6.26     (c) The $40 surcharge shall must be credited to a separate 
  6.27  account to be known as the remote electronic alcohol monitoring 
  6.28  program account.  The commissioner shall transfer the balance of 
  6.29  this account to the commissioner of finance on a monthly basis 
  6.30  for deposit in the general fund. 
  6.31     (d) When these fees are collected by a county-operated 
  6.32  office of deputy registrar, a handling charge is imposed in the 
  6.33  amount specified under section 168.33, subdivision 7.  The 
  6.34  handling charge must be deposited in the treasury of the place 
  6.35  for which the deputy registrar was appointed and the 
  6.36  reinstatement fees and surcharge must be deposited in an 
  7.1   approved state depository as directed under section 168.33, 
  7.2   subdivision 2. 
  7.3      Sec. 8.  Minnesota Statutes 1998, section 174.02, 
  7.4   subdivision 4, is amended to read: 
  7.5      Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  7.6   The commissioner may appear as a party on behalf of the public 
  7.7   in any proceeding or matter before the interstate commerce 
  7.8   commission, the civil aeronautics surface transportation board 
  7.9   or any other agency or instrumentality of government which that 
  7.10  regulates public services or rates relating to transportation or 
  7.11  other matters related to the powers and responsibilities of the 
  7.12  commissioner as prescribed by law.  The commissioner shall 
  7.13  appear as a party on behalf of the public in proceedings before 
  7.14  the transportation regulation board as provided by law on 
  7.15  matters which that directly relate to the powers and duties of 
  7.16  the commissioner or which substantially affect the statewide 
  7.17  transportation plan.  On all other transportation matters the 
  7.18  commissioner may appear before the transportation regulation 
  7.19  board. 
  7.20     Sec. 9.  Minnesota Statutes 1998, section 174.02, 
  7.21  subdivision 5, is amended to read: 
  7.22     Subd. 5.  [COOPERATION.] To facilitate the development of a 
  7.23  unified and coordinated intrastate and interstate transportation 
  7.24  system: 
  7.25     (a) The commissioner shall maintain close liaison, 
  7.26  coordination and cooperation with the private sectors of 
  7.27  transportation, the upper great lakes seaway development 
  7.28  commission corporation, and any multistate organization involved 
  7.29  in transportation issues affecting the state;. 
  7.30     (b) The commissioner shall participate in the planning, 
  7.31  regulation and development of the port authorities of the state; 
  7.32  and. 
  7.33     (c) The commissioner or the commissioner's designee shall 
  7.34  be is a nonvoting, ex officio member of the metropolitan 
  7.35  airports commission, as organized and established under sections 
  7.36  473.601 to 473.679. 
  8.1      (d) The commissioner shall cooperate with all federal 
  8.2   agencies for the purpose of harmonizing state and federal 
  8.3   regulations within the state to the extent and in the manner 
  8.4   deemed advisable. 
  8.5      (e) The commissioner may conduct joint hearings with any 
  8.6   federal agency within or outside the state and, to the extent 
  8.7   allowed under federal law or regulation, may approve and 
  8.8   establish freight rates and charges that depart from the 
  8.9   distance principle required by any state law. 
  8.10     (f) The commissioner may nominate members to any joint 
  8.11  board as provided by federal acts. 
  8.12     Sec. 10.  Minnesota Statutes 1998, section 174.10, 
  8.13  subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [NOTICE OF CONTESTED CASE; FEE.] The 
  8.15  commissioner in any contested case before the transportation 
  8.16  regulation board that involves a motor carrier or common carrier 
  8.17  by rail as a party shall give reasonable notice to 
  8.18  representatives of associations or other interested groups or 
  8.19  persons who have registered their names with the board 
  8.20  commissioner for that purpose, to all parties and to cities and 
  8.21  municipalities which that the board commissioner deems to be 
  8.22  interested in the proceeding.  The commissioner may prescribe an 
  8.23  annual fee to be credited to the general fund, which fee shall 
  8.24  be as a charge to all registered groups or persons.  The fee 
  8.25  must be credited to the general fund.  This charge is to cover 
  8.26  the out-of-pocket costs involved in giving such providing the 
  8.27  notice. 
  8.28     Sec. 11.  Minnesota Statutes 1998, section 174.10, 
  8.29  subdivision 3, is amended to read: 
  8.30     Subd. 3.  [PROSECUTION.] In proceedings which that involve 
  8.31  a hearing before the transportation regulation board motor 
  8.32  carrier or common carrier by rail as a party, the matter shall 
  8.33  must be investigated and prosecuted before the board heard by 
  8.34  the commissioner of transportation representing the interests of 
  8.35  the people of this state as authorized by law.  
  8.36     Sec. 12.  Minnesota Statutes 1998, section 174.10, 
  9.1   subdivision 4, is amended to read: 
  9.2      Subd. 4.  [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in 
  9.3   any proceeding before the transportation regulation board 
  9.4   relating to or involving the reasonableness of rates, fares, 
  9.5   charges, or classifications, the board commissioner decides that 
  9.6   it the department does not have jurisdiction because the traffic 
  9.7   covered by the rates, fares, charges, or classifications is 
  9.8   interstate commerce, the transportation regulation 
  9.9   board commissioner shall issue an order dismissing the 
  9.10  proceeding and stating the ground of the dismissal, which order 
  9.11  may be appealed from in like manner as other appealable orders. 
  9.12     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
  9.13  174.70, subdivision 2, is amended to read: 
  9.14     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
  9.15  construction of the initial backbone of the a statewide 
  9.16  communications system described in subdivision 1 and to reduce 
  9.17  the proliferation of communications towers, the 
  9.18  commissioner shall may, by purchase, lease, gift, exchange, or 
  9.19  other means, obtain sites for the erection of towers and the 
  9.20  location of equipment and shall may construct buildings and 
  9.21  structures needed for developing the communications system.  The 
  9.22  commissioner may negotiate with commercial wireless service 
  9.23  providers to obtain sites, towers, and equipment.  
  9.24  Notwithstanding sections 161.433, 161.434, 161.45, and 161.46, 
  9.25  the commissioner may by agreement allow commercial wireless 
  9.26  service providers to install privately owned equipment on 
  9.27  state-owned lands, buildings, and other structures under the 
  9.28  jurisdiction of the commissioner when it is practical and 
  9.29  feasible to do so.  The commissioner shall charge a site use fee 
  9.30  for the value of the property or structure made available.  In 
  9.31  lieu of a site use fee, the commissioner may make agreements 
  9.32  with commercial wireless service providers to place state 
  9.33  equipment on privately owned towers and may accept (1) 
  9.34  improvements to state-owned public safety communications system 
  9.35  facilities or real or personal property, or (2) services 
  9.36  provided by a commercial wireless service provider.  
 10.1      Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 10.2   174.70, subdivision 3, is amended to read: 
 10.3      Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 10.4   under subdivision 2 must be deposited in the trunk highway 
 10.5   fund.  The fees so collected are appropriated to the 
 10.6   commissioner to pay for the commissioner's share and state 
 10.7   patrol's share of the costs of constructing developing and 
 10.8   maintaining the communication communications system sites. 
 10.9      Sec. 15.  Minnesota Statutes 1998, section 174A.02, 
 10.10  subdivision 1, is amended to read: 
 10.11     Subdivision 1.  [COMMISSIONER'S POWERS GENERALLY.] Some of 
 10.12  the functions of the transportation regulation board shall be 
 10.13  legislative and commissioner of transportation, related to motor 
 10.14  carriers and common carriers by rail, are quasi-judicial in 
 10.15  nature.  It The commissioner may make such investigations and 
 10.16  determinations, hold such hearings, prescribe such rules, and 
 10.17  issue such orders with respect to the control and conduct of the 
 10.18  carrier businesses coming within its the commissioner's 
 10.19  jurisdiction as the legislature itself might make but only as it 
 10.20  shall from time to time authorize authorized by law.  
 10.21     Sec. 16.  Minnesota Statutes 1998, section 174A.02, 
 10.22  subdivision 2, is amended to read: 
 10.23     Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 
 10.24  extent allowed under federal law or regulation, the board 
 10.25  commissioner shall further hold hearings and issue orders in 
 10.26  cases brought before it by either the commissioner on the 
 10.27  commissioner's own motion or by a third party in the following 
 10.28  areas:  
 10.29     (a) (1) adequacy of services which that carriers are 
 10.30  providing to the public, including the continuation, termination 
 10.31  or modification of services and facilities.; 
 10.32     (b) The (2) reasonableness of tariffs of rates, fares, and 
 10.33  charges, or a part or classification thereof of a tariff; and 
 10.34     (3) issuing permits.  
 10.35     (b) For purposes of paragraph (a), clause (2), the board 
 10.36  commissioner may authorize common carriers by rail and 
 11.1   motor carrier carriers for hire to file tariffs of rates, fares, 
 11.2   and charges individually or by group.  Carriers participating in 
 11.3   group rate making have the free and unrestrained right to take 
 11.4   independent action either before or after a determination 
 11.5   arrived at through such that procedure.  
 11.6      (c) The issuing of franchises, permits, or certificates of 
 11.7   convenience and necessity.  
 11.8      Sec. 17.  Minnesota Statutes 1999 Supplement, section 
 11.9   174A.02, subdivision 4, is amended to read: 
 11.10     Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
 11.11  within its the commissioner's jurisdiction, the board 
 11.12  commissioner shall receive, hear, and determine all petitions 
 11.13  filed with it the commissioner in accordance with the procedures 
 11.14  established by law and may hold hearings and make determinations 
 11.15  upon its the commissioner's own motion to the same extent, and 
 11.16  in every instance, in which it the commissioner may do so upon 
 11.17  petition.  Upon receiving petitions filed pursuant to sections 
 11.18  221.121, subdivision 1, 221.151, 221.296, and 221.55, the board 
 11.19  commissioner shall give notice of the filing of the petition to 
 11.20  representatives of associations or other interested groups or 
 11.21  persons who have registered their names with the board 
 11.22  commissioner for that purpose and to whomever the board 
 11.23  commissioner deems to be interested in the petition.  The board 
 11.24  commissioner may grant or deny the request of the petition 30 
 11.25  days after notice of the filing has been fully given.  If 
 11.26  the board commissioner receives a written objection and notice 
 11.27  of intent to appear at a hearing to object to the petition from 
 11.28  any person within 20 days of the notice having been fully given, 
 11.29  the request of the petition shall must be granted or denied only 
 11.30  after a contested case hearing has been conducted on the 
 11.31  petition, unless the objection is withdrawn prior to before the 
 11.32  hearing.  The board commissioner may elect to hold a contested 
 11.33  case hearing if no objections to the petition are received.  If 
 11.34  a timely objection is not received, or if received and 
 11.35  withdrawn, and the request of the petition is denied without 
 11.36  hearing, the petitioner may request within 30 days of receiving 
 12.1   the notice of denial, and shall must be granted, a contested 
 12.2   case hearing on the petition. 
 12.3      Sec. 18.  Minnesota Statutes 1998, section 174A.04, is 
 12.4   amended to read: 
 12.5      174A.04 [HEARINGS AND APPEALS.] 
 12.6      Subdivision 1.  [HEARINGS.] All hearings related to common 
 12.7   carriers by rail or motor carriers and required to be conducted 
 12.8   by the commissioner of transportation regulation board shall 
 12.9   must be conducted pursuant to sections 14.001 to 14.69.  
 12.10     Subd. 2.  [APPEALS.] An appeal from an order of the 
 12.11  commissioner must be in accordance with chapter 14. 
 12.12     Sec. 19.  Minnesota Statutes 1999 Supplement, section 
 12.13  174A.06, is amended to read: 
 12.14     174A.06 [CONTINUATION OF RULES.] 
 12.15     (a) Orders and directives in force, issued, or promulgated 
 12.16  under authority of chapters 174A, 216A, 218, 219, 221, and 222 
 12.17  remain and continue in force and effect until repealed, 
 12.18  modified, or superseded by duly authorized orders or directives 
 12.19  of the commissioner of transportation.  To the extent allowed 
 12.20  under federal law or regulation, rules adopted under authority 
 12.21  of the following sections are transferred to the commissioner of 
 12.22  transportation and continue in force and effect until repealed, 
 12.23  modified, or superseded by duly authorized rules of the 
 12.24  commissioner:  
 12.25     (1) section 218.041 except rules related to the form and 
 12.26  manner of filing railroad rates, railroad accounting rules, and 
 12.27  safety rules; 
 12.28     (2) section 219.40; 
 12.29     (3) rules relating to rates or tariffs, or the granting, 
 12.30  limiting, or modifying of permits or certificates of convenience 
 12.31  and necessity under section 221.031, subdivision 1; 
 12.32     (4) rules relating to the sale, assignment, pledge, or 
 12.33  other transfer of a stock interest in a corporation holding 
 12.34  authority to operate as a permit carrier as prescribed in 
 12.35  section 221.151, subdivision 1, or a local cartage carrier under 
 12.36  section 221.296, subdivision 8; 
 13.1      (5) rules relating to rates, charges, and practices under 
 13.2   section 221.161, subdivision 4; and 
 13.3      (6) rules relating to rates, tariffs, or the granting, 
 13.4   limiting, or modifying of permits under sections 221.121, and 
 13.5   221.151, and 221.296.  
 13.6      (b) The commissioner shall review the transferred rules, 
 13.7   orders, and directives and, when appropriate, develop and adopt 
 13.8   new rules, orders, or directives. 
 13.9      Sec. 20.  Minnesota Statutes 1998, section 219.402, is 
 13.10  amended to read: 
 13.11     219.402 [ADEQUATE CROSSING PROTECTION.] 
 13.12     Crossing warning devices or improvements installed or 
 13.13  maintained under this chapter as approved by the commissioner or 
 13.14  any predecessor, whether by order or otherwise, are adequate and 
 13.15  appropriate warning for the crossing. 
 13.16     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 13.17  221.031, subdivision 1, is amended to read: 
 13.18     Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
 13.19  This subdivision applies to motor carriers engaged in intrastate 
 13.20  commerce. 
 13.21     (b) The commissioner shall prescribe rules for the 
 13.22  operation of motor carriers, including their facilities; 
 13.23  accounts; leasing of vehicles and drivers; service; safe 
 13.24  operation of vehicles; equipment, parts, and accessories; hours 
 13.25  of service of drivers; driver qualifications; accident 
 13.26  reporting; identification of vehicles; installation of safety 
 13.27  devices; inspection, repair, and maintenance; and proper 
 13.28  automatic speed regulators if, in the opinion of the 
 13.29  commissioner, there is a need for the rules.  
 13.30     (c) The commissioner shall direct the repair and 
 13.31  reconstruction or replacement of an inadequate or unsafe motor 
 13.32  carrier vehicle or facility.  The commissioner may require the 
 13.33  construction and maintenance or furnishing of suitable and 
 13.34  proper freight terminals, passenger depots, waiting rooms, and 
 13.35  accommodations or shelters in a city in this state or at a point 
 13.36  on the highway traversed which that the commissioner, after 
 14.1   investigation by the department, may deem just and proper for 
 14.2   the protection of passengers or property.  
 14.3      (d) The commissioner shall require holders of household 
 14.4   goods mover permits to file annual and other reports including 
 14.5   annual accounts of motor carriers, schedules of rates and 
 14.6   charges, or other data by motor carriers, regulate motor 
 14.7   carriers in matters affecting the relationship between them and 
 14.8   the traveling and shipping public, and prescribe other rules as 
 14.9   may be necessary to carry out the provisions of this chapter.  
 14.10     (e) A motor carrier subject to paragraph (d) but having 
 14.11  gross revenues from for-hire transportation in a calendar year 
 14.12  of less than $200,000 may, at the discretion of the 
 14.13  commissioner, be exempted from the filing of an annual report, 
 14.14  if, instead, the motor carrier files an abbreviated annual 
 14.15  report, in a form as may be prescribed by the commissioner, 
 14.16  attesting that the motor carrier's gross revenues did not exceed 
 14.17  $200,000 in the previous calendar year.  Motor carrier gross 
 14.18  revenues from for-hire transportation, for the purposes of this 
 14.19  subdivision only, do not include gross revenues received from 
 14.20  the operation of school buses as defined in section 169.01, 
 14.21  subdivision 6. 
 14.22     (f) The commissioner shall enforce sections 169.781 to 
 14.23  169.783. 
 14.24     Sec. 22.  Laws 1999, chapter 238, article 1, section 2, 
 14.25  subdivision 7, is amended to read: 
 14.26  Subd. 7.  State Roads                912,625,000    923,769,000
 14.27                Summary by Fund
 14.28  General                 59,000          9,000
 14.29  Trunk Highway      912,566,000    923,760,000
 14.30  The amounts that may be spent from this 
 14.31  appropriation for each activity are as 
 14.32  follows:  
 14.33  (a) State Road Construction 
 14.34     516,684,000    521,707,000
 14.35  It is estimated that these 
 14.36  appropriations will be funded as 
 14.37  follows:  
 14.38  Federal Highway Aid 
 15.1      275,000,000    275,000,000
 15.2   Highway User Taxes 
 15.3      241,684,000    246,707,000
 15.4   The commissioner of transportation 
 15.5   shall notify the chair of the 
 15.6   transportation budget division of the 
 15.7   senate and chair of the transportation 
 15.8   finance committee of the house of 
 15.9   representatives quarterly of any events 
 15.10  that should cause these estimates to 
 15.11  change. 
 15.12  This appropriation is for the actual 
 15.13  construction, reconstruction, and 
 15.14  improvement of trunk highways.  This 
 15.15  includes the cost of actual payment to 
 15.16  landowners for lands acquired for 
 15.17  highway rights-of-way, payment to 
 15.18  lessees, interest subsidies, and 
 15.19  relocation expenses. 
 15.20  The commissioner may transfer up to 
 15.21  $15,000,000 each year to the trunk 
 15.22  highway revolving loan account. 
 15.23  The commissioner may receive money 
 15.24  covering other shares of the cost of 
 15.25  partnership projects.  These receipts 
 15.26  are appropriated to the commissioner 
 15.27  for these projects. 
 15.28  (b) Highway Debt Service 
 15.29      13,949,000     13,175,000
 15.30  $3,949,000 the first year and 
 15.31  $3,175,000 the second year are for 
 15.32  transfer to the state bond fund. 
 15.33  If this appropriation is insufficient 
 15.34  to make all transfers required in the 
 15.35  year for which it is made, the 
 15.36  commissioner of finance shall notify 
 15.37  the committee on state government 
 15.38  finance of the senate and the committee 
 15.39  on ways and means of the house of 
 15.40  representatives of the amount of the 
 15.41  deficiency and shall then transfer that 
 15.42  amount under the statutory open 
 15.43  appropriation.  
 15.44  Any excess appropriation must be 
 15.45  canceled to the trunk highway fund. 
 15.46  (c) Research and Investment Management 
 15.47      12,450,000     12,597,000
 15.48  $600,000 the first year and $600,000 
 15.49  the second year are available for 
 15.50  grants for transportation studies 
 15.51  outside the metropolitan area to 
 15.52  identify critical concerns, problems, 
 15.53  and issues.  These grants are available 
 15.54  to (1) regional development 
 15.55  commissions, and (2) in regions where 
 15.56  no regional development commission is 
 15.57  functioning, joint powers boards 
 16.1   established under agreement of two or 
 16.2   more political subdivisions in the 
 16.3   region to exercise the planning 
 16.4   functions of a regional development 
 16.5   commission, and (3) in regions where no 
 16.6   regional development commission or 
 16.7   joint powers board is functioning, the 
 16.8   department's district office for that 
 16.9   region. 
 16.10  $216,000 the first year and $216,000 
 16.11  the second year are available for 
 16.12  grants to metropolitan planning 
 16.13  organizations outside the seven-county 
 16.14  metropolitan area. 
 16.15  $75,000 the first year and $25,000 the 
 16.16  second year are for transportation 
 16.17  planning relating to the 2000 census.  
 16.18  This appropriation may not be added to 
 16.19  the agency's budget base. 
 16.20  $75,000 the first year and $75,000 the 
 16.21  second year are for a transportation 
 16.22  research contingent account to finance 
 16.23  research projects that are reimbursable 
 16.24  from the federal government or from 
 16.25  other sources.  If the appropriation 
 16.26  for either year is insufficient, the 
 16.27  appropriation for the other year is 
 16.28  available for it. 
 16.29  (d) Central Engineering Services
 16.30      68,563,000     70,940,000
 16.31  (e) Design and Construction Engineering
 16.32      80,592,000     83,246,000
 16.33  $1,000,000 the first year and $500,000 
 16.34  the second year are for transportation 
 16.35  planning relating to the 2000 census.  
 16.36  This appropriation may not be added to 
 16.37  the agency's budget base. 
 16.38  (f) State Road Operations
 16.39     214,703,000    216,561,000
 16.40  $1,000,000 each year are for 
 16.41  enhancements to the freeway operations 
 16.42  program in the metropolitan area. 
 16.43  $1,000,000 the first year and 
 16.44  $1,000,000 the second year are for 
 16.45  maintenance services including rest 
 16.46  area maintenance, vehicle insurance, 
 16.47  ditch assessments, and tort claims. 
 16.48  $3,000,000 the first year and 
 16.49  $1,000,000 the second year are for 
 16.50  improved highway striping. 
 16.51  $500,000 the first year and $500,000 
 16.52  the second year are for safety 
 16.53  technology applications. 
 16.54  $150,000 the first year and $150,000 
 16.55  the second year are for statewide asset 
 16.56  preservation and repair. 
 17.1   $750,000 the first year and $750,000 
 17.2   the second year are for the 
 17.3   implementation of the transportation 
 17.4   worker concept. 
 17.5   The commissioner shall establish a task 
 17.6   force to study seasonal road 
 17.7   restrictions and report to the 
 17.8   legislature its findings and any 
 17.9   recommendations for legislative 
 17.10  action.  The commissioner shall appoint 
 17.11  members representing: 
 17.12  (1) aggregate and ready-mix producers; 
 17.13  (2) solid waste haulers; 
 17.14  (3) liquid waste haulers; 
 17.15  (4) the logging industry; 
 17.16  (5) the construction industry; and 
 17.17  (6) agricultural interests. 
 17.18  The task force shall report to the 
 17.19  legislature by February 1, 2000, on its 
 17.20  findings and recommendations. 
 17.21  (g) Electronic Communications
 17.22       5,684,000      5,543,000
 17.23                Summary by Fund
 17.24  General                  59,000         9,000
 17.25  Trunk Highway         5,625,000     5,534,000
 17.26  $9,000 the first year and $9,000 the 
 17.27  second year are from the general fund 
 17.28  for equipment and operation of the 
 17.29  Roosevelt signal tower for Lake of the 
 17.30  Woods weather broadcasting. 
 17.31  $50,000 the first year from the general 
 17.32  fund is for purchase of equipment for 
 17.33  the 800 MHz public safety radio system. 
 17.34  $200,000 the first year is from the 
 17.35  trunk highway fund for costs resulting 
 17.36  from the termination of agreements made 
 17.37  under article 2, sections 31 and 89, 
 17.38  and Minnesota Statutes, section 174.70, 
 17.39  subdivision 2. This appropriation does 
 17.40  not cancel but is available until spent.
 17.41  In each year of the biennium the 
 17.42  commissioner shall request the 
 17.43  commissioner of administration to 
 17.44  request bids for the purchase of 
 17.45  digital mobile and portable radios to 
 17.46  be used on the metropolitan regional 
 17.47  public safety radio communications 
 17.48  system. 
 17.49     Sec. 23.  [TRANSFERRING CARRIER REGULATORY 
 17.50  RESPONSIBILITIES.] 
 17.51     (a) Responsibilities, as defined in Minnesota Statutes, 
 18.1   section 15.039, subdivision 1, held by the transportation 
 18.2   regulation board including, but not limited to, responsibilities 
 18.3   relating to administration, regulation, recordkeeping, operating 
 18.4   authority, permitting, rate making, rulemaking, and enforcement 
 18.5   of transportation laws, rules, and regulations relating to motor 
 18.6   carriers and common carriers by rail under Minnesota Statutes, 
 18.7   chapters 218, 219, 221, and 222, are transferred to the 
 18.8   commissioner of the Minnesota department of transportation under 
 18.9   Minnesota Statutes, section 15.039. 
 18.10     (b) The legislative and quasi-judicial functions and powers 
 18.11  conferred on the board under Minnesota Statutes, chapter 174A, 
 18.12  are also transferred to the commissioner.  
 18.13     (c) The position of transportation regulation board member 
 18.14  and the transportation regulation board as previously 
 18.15  constituted are abolished.  
 18.16     Sec. 24.  [INSTRUCTIONS TO REVISOR.] 
 18.17     (a) Except when used in the phrases to be changed by the 
 18.18  revisor under paragraph (b), the revisor of statutes is directed 
 18.19  to change the word "board" or "board's," or similar term or 
 18.20  phrase, when it refers to the transportation regulation board, 
 18.21  to the term "commissioner," "commissioner's," or "commissioner 
 18.22  of transportation," as appropriate, where it appears in: 
 18.23     (1) Minnesota Statutes, sections 174A.02, subdivision 3; 
 18.24  221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 
 18.25  6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 
 18.26  subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 
 18.27  221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 
 18.28  subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 
 18.29  221.55; and 
 18.30     (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 
 18.31     (b) The revisor of statutes is directed to change the 
 18.32  phrases "board or commissioner," "commissioner or board," "board 
 18.33  or the commissioner," "commissioner or the board," "commissioner 
 18.34  and the board," "commissioner and board," "board and the 
 18.35  commissioner," "board and commissioner," "department and board," 
 18.36  "board or department," and "board and the department," when the 
 19.1   word "board" refers to the transportation regulation board, to 
 19.2   the term "commissioner," or "commissioner of transportation," as 
 19.3   appropriate, where it appears in: 
 19.4      (1) Minnesota Statutes, sections 221.011, subdivision 15; 
 19.5   221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 
 19.6   subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 
 19.7   and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 
 19.8   221.295; 221.296, subdivisions 3 and 4; and 221.68; and 
 19.9      (2) Minnesota Rules, chapter 8850. 
 19.10     (c) Except when amended accordingly in sections 1 to 12, 
 19.11  the revisor of statutes is directed to change the words 
 19.12  "transportation regulation board" to "commissioner of 
 19.13  transportation" wherever they appear in Minnesota Statutes and 
 19.14  Minnesota Rules. 
 19.15     (d) In Minnesota Statutes, the revisor of statutes shall 
 19.16  renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 
 19.17  174A.06 as 174.66. 
 19.18     (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 
 19.19  of statutes shall change the term "commission" to "commissioner 
 19.20  of transportation" or "commissioner," as appropriate. 
 19.21     (f) The revisor of statutes shall make other changes in 
 19.22  chapter titles; section, subdivision, part, and subpart 
 19.23  headnotes; and in other terminology necessary as a result of the 
 19.24  enactment of this section and sections 8 to 12, 15 to 21, 23, 
 19.25  and 25, paragraphs (a) and (d). 
 19.26     Sec. 25.  [REPEALER.] 
 19.27     (a) Minnesota Statutes 1998, sections 174A.01; 174A.02, 
 19.28  subdivision 5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 
 19.29  219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 
 19.30  219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 219.97; and 
 19.31  222.633, are repealed.  
 19.32     (b) Minnesota Statutes 1998, section 174.70, subdivision 1, 
 19.33  is repealed.  
 19.34     (c) Minnesota Statutes 1999 Supplement, section 174.70, 
 19.35  subdivision 1, is repealed. 
 19.36     (d) Minnesota Rules, part 8850.6900, is repealed. 
 20.1      Sec. 26.  [EFFECTIVE DATE.] 
 20.2      Sections 13; 14; 22; and 25, paragraph (b), are effective 
 20.3   July 1, 2000.  Sections 8 to 12; 15 to 21; 23; 24; and 25, 
 20.4   paragraphs (a) and (d), are effective retroactively from July 1, 
 20.5   1996.