3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/07/2000 | |
1st Engrossment | Posted on 03/01/2000 | |
2nd Engrossment | Posted on 03/08/2000 | |
3rd Engrossment | Posted on 05/17/2000 |
1.1 A bill for an act 1.2 relating to transportation; allowing the commissioner 1.3 of transportation to convey interest in certain land 1.4 to property owners; allowing interest on repayment of 1.5 money advanced to department of transportation for 1.6 trunk highway development; regulating drivers 1.7 licenses; changing collector vehicle registration 1.8 provision; modifying provisions for speed limits in 1.9 highway work zones; transferring responsibility for 1.10 distributing certain funds for highway safety to 1.11 commissioner of public safety; transferring 1.12 responsibilities from transportation regulation board 1.13 to commissioner of transportation; modifying 1.14 transportation revolving loan fund provisions; making 1.15 technical and clarifying changes; giving the 1.16 commissioner of transportation certain powers relating 1.17 to nonmetropolitan communications system; amending 1.18 Minnesota Statutes 1998, sections 161.24, subdivision 1.19 4; 168.10, subdivision 1c; 169.14, subdivision 5d; 1.20 171.02, subdivision 2; 171.321, subdivision 2; 174.02, 1.21 subdivisions 4 and 5; 174.10, subdivisions 1, 3, and 1.22 4; 174A.02, subdivisions 1 and 2; 174A.04; 218.031, 1.23 subdivision 2; 218.041, subdivisions 4, 5, and 6; 1.24 219.384, subdivision 2; 219.402; and 446A.085, as 1.25 amended; Minnesota Statutes 1999 Supplement, sections 1.26 171.29, subdivision 2; 174.70, by adding a 1.27 subdivision; 174A.02, subdivision 4; 174A.06; 219.074, 1.28 subdivision 2; and 221.031, subdivision 1; Laws 1999, 1.29 chapter 238, article 1, section 2, subdivision 7; 1.30 proposing coding for new law in Minnesota Statutes, 1.31 chapter 161; repealing Minnesota Statutes 1998, 1.32 sections 174A.01; 174A.02, subdivision 5; 174A.03; 1.33 174A.05; 218.021; 218.025; 218.031, subdivisions 1, 3, 1.34 4, 5, 6, 7, 8, 9, and 10; 218.041, subdivisions 1, 2, 1.35 7, and 8; 219.558; 219.559; 219.56; 219.681; 219.69; 1.36 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 1.37 219.743; 219.751; 219.755; 219.85; 219.97; 222.631; 1.38 222.632; and 222.633. 1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.40 Section 1. Minnesota Statutes 1998, section 161.24, 1.41 subdivision 4, is amended to read: 1.42 Subd. 4. [ACCESS TO ISOLATED PROPERTY.] When the 2.1 establishment, construction, or reconstruction of a trunk 2.2 highway closes off any other highway or street, including a city 2.3streetsstreet, private road, or entrance at the boundary 2.4 ofsuchthe trunk highway, the commissioner may, in mitigation 2.5 of damages,or in the interest of safety and convenient public 2.6 travel, construct a road either withinthe limits of the trunk2.7highway,orwithoutoutside the limits of the trunk highway, 2.8 connecting theclosed offclosed-off highway, street, private 2.9 road, or entrance with another public highway. In determining 2.10 whether to build the road within orwithoutoutside the limits 2.11 of the trunk highway, the commissioner may take into 2.12 consideration economy to the state and local traffic needs. The 2.13 commissioner, in mitigation of damages, may connect theclosed2.14offclosed-off private road with the remaining portion of the 2.15 private road or with another private road. All lands 2.16 necessarythereforfor that purpose may be acquired by purchase, 2.17 gift, or condemnation. Notwithstanding section 161.43 or 2.18 161.44, the commissioner may convey and quitclaim a fee title or 2.19 easement held or owned by the state in land used to connect with 2.20 a private road to the property owners served by the road. 2.21 Sec. 2. [161.362] [ADVANCE FUNDING FOR TRUNK HIGHWAY 2.22 DEVELOPMENT.] 2.23 Subdivision 1. [TRUNK HIGHWAY DEVELOPMENT.] By agreement 2.24 with the commissioner, a road authority other than the 2.25 commissioner or two or more road authorities that have entered 2.26 into a joint powers agreement under section 471.59 may make 2.27 advances from any available funds to the commissioner to 2.28 expedite construction of a trunk highway, including funds for 2.29 design consultants, purchasing right-of-way, construction, or 2.30 other related expenditures. 2.31 Subd. 2. [REPAYMENT.] Subject to the availability of state 2.32 money, the commissioner shall repay the amount advanced under 2.33 this section, up to the state's share of costs, under terms of 2.34 the agreement. The agreement may provide for payment of 2.35 interest on the amount of advanced funds. The maximum interest 2.36 rate that may be paid is the rate earned by the state on 3.1 invested treasurer's cash for the month before the date the 3.2 agreement is executed or the actual interest paid by the road 3.3 authority in borrowing for the amount advanced, whichever rate 3.4 is less. The total amount of annual repayment to road 3.5 authorities under this section must never exceed the amount 3.6 stated in the department's debt management policy or 3.7 $10,000,000, whichever is less. 3.8 Sec. 3. Minnesota Statutes 1998, section 168.10, 3.9 subdivision 1c, is amended to read: 3.10 Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] Any 3.11 motor vehicle, including any truck, that is at least 20 model 3.12 years old and manufactured after 1935, or any motor vehicle of a 3.13 defunct make defined as any car or truck originally licensed as 3.14 a separate identifiable make as designated by the division of 3.15 motor vehicles, and owned and operated solely as a collector's 3.16 vehicle, shall be listed for taxation and registration as 3.17 follows: An affidavit shall be executed stating the name and 3.18 address of the person from whom purchased and of the new owner, 3.19 the make of the motor vehicle, year and number of the model, the 3.20 manufacturer's identification number and that the vehicle is 3.21 owned and operated solely as a collector's item and not for 3.22 general transportation purposes. The owner must also prove that 3.23 the owner also has one or more vehicles with regular license 3.24 plates or dealer plates. If the registrar is satisfied that the 3.25 affidavit is true and correct and the owner pays a $25 tax, the 3.26 registrar shall list the vehicle for taxation and registration 3.27 and shall issue a single number plate. 3.28 The number plate issued shall bear the inscription 3.29 "Collector," "Minnesota" and the registration number or other 3.30 combination of characters authorized under section 168.12, 3.31 subdivision 2a, but no date. The number plate is valid without 3.32 renewal as long as the vehicle is in existence. The registrar 3.33 has the power to revoke the plate for failure to comply with 3.34 this subdivision. 3.35 Sec. 4. Minnesota Statutes 1998, section 169.14, 3.36 subdivision 5d, is amended to read: 4.1 Subd. 5d. [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 4.2 commissioner, on trunk highways and temporary trunk highways, 4.3 and local authorities, on streets and highways under their 4.4 jurisdiction, may authorize the use of reduced maximum speed 4.5 limits in highway work zones. The commissioner or local 4.6 authority is not required to conduct an engineering and traffic 4.7 investigation before authorizing a reduced speed limit in a 4.8 highway work zone. 4.9 (b) The minimum highway work zone speed limit is 20 miles 4.10 per hour. The work zone speed limit must not reduce the 4.11 established speed limit on the affected street or highway by 4.12 more than 15 miles per hour, except that the highway work zone 4.13 speed limit shall not exceed 40 miles per hour. The 4.14 commissioner or local authority shall post the limits of the 4.15 work zone. Highway work zone speed limits are effective on 4.16 erection of appropriate regulatory speed limit signs. The signs 4.17 must be removed or covered when they are not required. A speed 4.18 greater than the posted highway work zone speed limit is 4.19 unlawful. 4.20 (c) Notwithstanding paragraph (b), on divided highways, the 4.21 commissioner or local authority may establish a highway work 4.22 zone speed limit that does not exceed 55 miles per hour. 4.23(c)(d) For purposes of this subdivision, "highway work 4.24 zone" means a segment of highway or street where a road 4.25 authority or its agent is constructing, reconstructing, or 4.26 maintaining the physical structure of the roadway, its 4.27 shoulders, or features adjacent to the roadway, including 4.28 underground and overhead utilities and highway appurtenances, 4.29 when workers are present. 4.30(d)(e) Notwithstanding section 609.0331 or 609.101 or 4.31 other law to the contrary, a person who violates a speed limit 4.32 established under paragraph (b) or (c), or who violates any 4.33 other provision of this section while in a highway work zone, is 4.34 assessed an additional surcharge equal to the amount of the fine 4.35 imposed for the speed violation, but not less than $25. 4.36 Sec. 5. Minnesota Statutes 1998, section 171.02, 5.1 subdivision 2, is amended to read: 5.2 Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 5.3 EXEMPTIONS.] Drivers' licenses shall be classified according to 5.4 the types of vehicles which may be driven by the holder of each 5.5 type or class of license. The commissioner may, as appropriate, 5.6 subdivide the classes listed in this subdivision and issue 5.7 licenses classified accordingly. No class of license shall be 5.8 valid to operate a motorcycle, school bus, tank vehicle, 5.9 double-trailer or triple-trailer combination, vehicle 5.10 transporting hazardous materials, or bus, unless so endorsed. 5.11 There shall be four general classes of licenses as follows: 5.12 (a) Class D; valid for: 5.13 (1) operating all farm trucks if operated by (i) the owner, 5.14 (ii) an immediate family member of the owner, (iii) an employee 5.15 of the owner not primarily employed to operate the farm truck, 5.16 within 150 miles of the farm, or (iv) an employee of the owner 5.17 employed during harvest to operate the farm truck for the first, 5.18 continuous transportation of agricultural products from the 5.19 production site or on-farm storage site to any other location 5.20 within 50 miles of that site; 5.21 (2) operating fire trucks and emergency fire equipment, 5.22 whether or not in excess of 26,000 pounds gross vehicle weight, 5.23 operated by a firefighter while on duty, or a tiller operator 5.24 employed by a fire department who drives the rear portion of a 5.25 midmount aerial ladder truck; 5.26 (3) operating recreational equipment as defined in section 5.27 168.011, subdivision 25, that is operated for personal use;and5.28 (4) operating all single unit vehicles except vehicles with 5.29 a gross vehicle weight of more than 26,000 pounds, vehicles 5.30 designed to carry more than 15 passengers including the driver, 5.31 and vehicles that carry hazardous materials.; and 5.32 (5) with a school bus endorsement operating a school bus 5.33 designed to transport 15 or fewer passengers including the 5.34 driver, provided that before issuing a school bus endorsement 5.35 the commissioner shall conduct a background check under section 5.36 171.321, subdivision 3, and have proof that drug and alcohol 6.1 testing under Code of Federal Regulations, title 49, parts 40 6.2 and 382 have been completed. 6.3 The holder of a class D license may also tow vehicles if 6.4 the combination of vehicles has a gross vehicle weight of 26,000 6.5 pounds or less. 6.6 (b) Class C; valid for: 6.7 (1) operating class D vehicles; and 6.8 (2) with a hazardous materials endorsement, transporting 6.9 hazardous materials in class D vehicles; and6.10(3) with a school bus endorsement, operating school buses6.11designed to transport 15 or fewer passengers, including the6.12driver. 6.13 (c) Class B; valid for operating all class C and class D 6.14 vehiclesin class C, class D,and all other single unit vehicles 6.15 including, with a passenger endorsement, buses. The holder of a 6.16 class B license may tow only vehicles with a gross vehicle 6.17 weight of 10,000 pounds or less. 6.18 (d) Class A; valid for operating any vehicle or combination 6.19 thereof. 6.20 Sec. 6. Minnesota Statutes 1999 Supplement, section 6.21 171.29, subdivision 2, is amended to read: 6.22 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 6.23 license has been revoked as provided in subdivision 1, except 6.24 under section 169.121 or 169.123, shall pay a $30 fee before the 6.25 driver's license is reinstated. 6.26 (b) A person whose driver's license has been revoked as 6.27 provided in subdivision 1 under section 169.121 or 169.123 shall 6.28 pay a $250 fee plus a $40 surcharge before the driver's license 6.29 is reinstated. The $250 fee is to be credited as follows: 6.30 (1) Twenty percentshallmust be credited to the trunk 6.31 highway fund. 6.32 (2) Fifty-five percentshallmust be credited to the 6.33 general fund. 6.34 (3) Eight percentshallmust be credited to a separate 6.35 account to be known as the bureau of criminal apprehension 6.36 account. Money in this account may be appropriated to the 7.1 commissioner of public safety and the appropriated amountshall7.2 must be apportioned 80 percent for laboratory costs and 20 7.3 percent for carrying out the provisions of section 299C.065. 7.4 (4) Twelve percentshallmust be credited to a separate 7.5 account to be known as the alcohol-impaired driver education 7.6 account. Money in the account is appropriated as follows: 7.7 (i) The first $200,000 in a fiscal yearisto the 7.8 commissioner of children, families, and learning for programs 7.9 for elementary and secondary school students.; and 7.10 (ii) The remainder credited in a fiscal yearis7.11appropriatedto the commissioner oftransportationpublic safety 7.12 to be spent as grants to the Minnesota highway safety center at 7.13 St. Cloud State University for programs relating to alcohol and 7.14 highway safety education in elementary and secondary schools. 7.15 (5) Five percentshallmust be credited to a separate 7.16 account to be known as the traumatic brain injury and spinal 7.17 cord injury account. The money in the account is annually 7.18 appropriated to the commissioner of health to be used as 7.19 follows: 35 percent for a contract with a qualified 7.20 community-based organization to provide information, resources, 7.21 and support to assist persons with traumatic brain injury and 7.22 their families to access services, and 65 percent to maintain 7.23 the traumatic brain injury and spinal cord injury registry 7.24 created in section 144.662. For the purposes of this clause, a 7.25 "qualified community-based organization" is a private, 7.26 not-for-profit organization of consumers of traumatic brain 7.27 injury services and their family members. The organization must 7.28 be registered with the United States Internal Revenue Service 7.29 under the provisions of section 501(c)(3) as a tax-exempt 7.30 organization and must have as its purposes: 7.31 (i) the promotion of public, family, survivor, and 7.32 professional awareness of the incidence and consequences of 7.33 traumatic brain injury; 7.34 (ii) the provision of a network of support for persons with 7.35 traumatic brain injury, their families, and friends; 7.36 (iii) the development and support of programs and services 8.1 to prevent traumatic brain injury; 8.2 (iv) the establishment of education programs for persons 8.3 with traumatic brain injury; and 8.4 (v) the empowerment of persons with traumatic brain injury 8.5 through participation in its governance. 8.6 No patient's name, identifying information or identifiable 8.7 medical data will be disclosed to the organization without the 8.8 informed voluntary written consent of the patient or patient's 8.9 guardian, or if the patient is a minor, of the parent or 8.10 guardian of the patient. 8.11 (c) The $40 surchargeshallmust be credited to a separate 8.12 account to be known as the remote electronic alcohol monitoring 8.13 program account. The commissioner shall transfer the balance of 8.14 this account to the commissioner of finance on a monthly basis 8.15 for deposit in the general fund. 8.16 (d) When these fees are collected by a county-operated 8.17 office of deputy registrar, a handling charge is imposed in the 8.18 amount specified under section 168.33, subdivision 7. The 8.19 handling charge must be deposited in the treasury of the place 8.20 for which the deputy registrar was appointed and the 8.21 reinstatement fees and surcharge must be deposited in an 8.22 approved state depository as directed under section 168.33, 8.23 subdivision 2. 8.24 Sec. 7. Minnesota Statutes 1998, section 171.321, 8.25 subdivision 2, is amended to read: 8.26 Subd. 2. [RULES.] (a) The commissioner of public safety 8.27 shall prescribe rules governing the physical qualifications of 8.28 school bus drivers and tests required to obtain a school bus 8.29 endorsement. 8.30 Subd. 2a. [PHYSICAL QUALIFICATIONS; MEDICAL 8.31 EXAMINATION.]The rules must provide thatNotwithstanding any 8.32 rule to the contrary, an applicant for a school bus endorsement 8.33 or renewal is exempt from the physical qualifications and 8.34 medical examination required to operate a school bus upon 8.35 providing evidence of being medically examined and certified 8.36 within the preceding 24 months as physically qualified to 9.1 operate a commercial motor vehicle, pursuant to Code of Federal 9.2 Regulations, title 49, part 391, subpart E, or rules of the 9.3 commissioner of transportation incorporating those federal 9.4 regulations. As evidence of being medically examined and 9.5 certified, the applicant must submit to the commissioner a copy 9.6 of the commercial motor vehicle carrier physical examination 9.7 form or the certificate of the medical examiner, as defined in 9.8 Code of Federal Regulations, title 49, part 390.5. 9.9(b)Subd. 2b. [HEAD START DRIVERS.] The commissioner of 9.10 public safety, in conjunction with the commissioner of economic 9.11 security, shall adopt rules prescribing a training program for 9.12 Head Start bus drivers. The program must provide for initial 9.13 classroom and behind-the-wheel training, and annual in-service 9.14 training. The program must provide training in defensive 9.15 driving, human relations, emergency and accident procedures, 9.16 vehicle maintenance, traffic laws, and use of safety equipment. 9.17 The program must provide that the training will be conducted by 9.18 the contract operator for a Head Start agency, the Head Start 9.19 grantee, a licensed driver training school, or by another person 9.20 or entity approved by both commissioners. 9.21 Sec. 8. Minnesota Statutes 1998, section 174.02, 9.22 subdivision 4, is amended to read: 9.23 Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 9.24 The commissioner may appear as a party on behalf of the public 9.25 in any proceeding or matter before theinterstate commerce9.26commission, the civil aeronauticssurface transportation board 9.27 or any other agency or instrumentality of governmentwhichthat 9.28 regulates public services or rates relating to transportation or 9.29 other matters related to the powers and responsibilities of the 9.30 commissioner as prescribed by law. The commissioner shall 9.31 appear as a party on behalf of the public in proceedingsbefore9.32the transportation regulation boardas provided by law on 9.33 matterswhichthat directly relate to the powers and duties of 9.34 the commissioner orwhichsubstantially affect the statewide 9.35 transportation plan.On all other transportation matters the9.36commissioner may appear before the transportation regulation10.1board.10.2 Sec. 9. Minnesota Statutes 1998, section 174.02, 10.3 subdivision 5, is amended to read: 10.4 Subd. 5. [COOPERATION.] To facilitate the development of a 10.5 unified and coordinated intrastate and interstate transportation 10.6 system: 10.7 (a) The commissioner shall maintain close liaison, 10.8 coordination and cooperation with the private sectors of 10.9 transportation, the upper great lakes seaway development 10.10 commission corporation, and any multistate organization involved 10.11 in transportation issues affecting the state;. 10.12 (b) The commissioner shall participate in the planning, 10.13 regulation and development of the port authorities of the state;10.14and. 10.15 (c) The commissioner or the commissioner's designeeshall10.16beis a nonvoting, ex officiomember of the metropolitan 10.17 airports commission, as organized and established under sections 10.18 473.601 to 473.679. 10.19 (d) The commissioner shall cooperate with all federal 10.20 agencies for the purpose of harmonizing state and federal 10.21 regulations within the state to the extent and in the manner 10.22 deemed advisable. 10.23 (e) The commissioner may conduct joint hearings with any 10.24 federal agency within or outside the state and, to the extent 10.25 allowed under federal law or regulation, may approve and 10.26 establish freight rates and charges that depart from the 10.27 distance principle required by any state law. 10.28 (f) The commissioner may nominate members to any joint 10.29 board as provided by federal acts. 10.30 Sec. 10. Minnesota Statutes 1998, section 174.10, 10.31 subdivision 1, is amended to read: 10.32 Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The 10.33 commissioner in any contested casebefore the transportation10.34regulation boardthat involves a motor carrier or common carrier 10.35 by rail as a party shall give reasonable notice to 10.36 representatives of associations or other interested groups or 11.1 persons who have registered their names with theboard11.2 commissioner for that purpose, to all parties and to cities and 11.3 municipalitieswhichthat theboardcommissioner deems to be 11.4 interested in the proceeding. The commissioner may prescribe an 11.5 annual feeto be credited to the general fund, which fee shall11.6beas a charge to all registered groups or persons. The fee 11.7 must be credited to the general fund. This charge is to cover 11.8 the out-of-pocket costs involved ingiving suchproviding the 11.9 notice. 11.10 Sec. 11. Minnesota Statutes 1998, section 174.10, 11.11 subdivision 3, is amended to read: 11.12 Subd. 3. [PROSECUTION.] In proceedingswhichthat involve 11.13 ahearing before the transportation regulation boardmotor 11.14 carrier or common carrier by rail as a party, the mattershall11.15 must beinvestigated and prosecuted before the boardheard by 11.16 the commissionerof transportation representing the interests of11.17the people of this stateas authorized by law. 11.18 Sec. 12. Minnesota Statutes 1998, section 174.10, 11.19 subdivision 4, is amended to read: 11.20 Subd. 4. [WHEN BOARD LACKSLACK OF JURISDICTION.] If, in 11.21 any proceedingbefore the transportation regulation board11.22relating to or involving the reasonableness of rates, fares,11.23charges, or classifications,theboardcommissioner decides that 11.24itthe department does not have jurisdictionbecause the traffic11.25covered by the rates, fares, charges, or classifications is11.26interstate commerce, thetransportation regulation11.27boardcommissioner shall issue an order dismissing the 11.28 proceeding and stating the ground of the dismissal, which order11.29may be appealed from in like manner as other appealable orders. 11.30 Sec. 13. Minnesota Statutes 1999 Supplement, section 11.31 174.70, is amended by adding a subdivision to read: 11.32 Subd. 4. [NONMETROPOLITAN IMPLEMENTATION.] To reduce the 11.33 proliferation of communications towers outside the metropolitan 11.34 area, the commissioner may, by purchase, lease, gift, exchange, 11.35 or other means, obtain sites for the erection of towers and the 11.36 location of equipment and may construct buildings and structures 12.1 needed for the existing communications system. The commissioner 12.2 may negotiate with commercial wireless service providers and 12.3 telecommunication infrastructure developers to obtain sites, 12.4 towers, and equipment, except these sites, towers, and equipment 12.5 may not be obtained or used for the 800 megahertz 12.6 multijurisdictional trunked public safety voice radio system 12.7 outside of the metropolitan area. Notwithstanding sections 12.8 161.433, 161.434, 161.45, and 161.46, the commissioner may by 12.9 agreement allow commercial wireless service providers to install 12.10 privately owned equipment on state-owned lands, buildings, and 12.11 other structures under the jurisdiction of the commissioner when 12.12 it is practical and feasible to do so. The commissioner shall 12.13 charge a site use fee for the value of the property or structure 12.14 made available. In lieu of a site use fee, the commissioner may 12.15 make agreements with commercial wireless service providers to 12.16 place state equipment on privately owned towers and may accept 12.17 (1) improvements to state-owned public communications system 12.18 facilities or real or personal property, or (2) services 12.19 provided by a commercial wireless service provider. 12.20 Sec. 14. Minnesota Statutes 1998, section 174A.02, 12.21 subdivision 1, is amended to read: 12.22 Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] Some of 12.23 the functions of thetransportation regulation board shall be12.24legislative andcommissioner of transportation, related to motor 12.25 carriers and common carriers by rail, are quasi-judicial in 12.26 nature.ItThe commissioner may makesuchinvestigations and 12.27 determinations, holdsuchhearings, prescribesuchrules, and 12.28 issuesuchorders with respect to the control and conduct of the 12.29 carrier businesses coming withinitsthe commissioner's 12.30 jurisdiction asthe legislature itself might make but only as it12.31shall from time to time authorizeauthorized by law. 12.32 Sec. 15. Minnesota Statutes 1998, section 174A.02, 12.33 subdivision 2, is amended to read: 12.34 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 12.35 extent allowed under federal law or regulation, theboard12.36 commissioner shall further hold hearings and issue orders in 13.1 cases broughtbefore it by either the commissioneron the 13.2 commissioner's own motion or by a third party in the following 13.3 areas: 13.4(a)(1) adequacy of serviceswhichthat carriers are 13.5 providing to the public, including the continuation, termination 13.6 or modification of services and facilities.; 13.7(b) The(2) reasonableness of tariffs of rates, fares, and 13.8 charges, or a part or classificationthereofof a tariff; and 13.9 (3) issuing permits. 13.10 (b) For purposes of paragraph (a), clause (2), theboard13.11 commissioner may authorize common carriers by rail and 13.12 motorcarriercarriers for hire to file tariffs of rates, fares, 13.13 and charges individually or by group. Carriers participating in 13.14 group rate making have the free and unrestrained right to take 13.15 independent action either before or after a determination 13.16 arrived at throughsuchthat procedure. 13.17(c) The issuing of franchises, permits, or certificates of13.18convenience and necessity.13.19 Sec. 16. Minnesota Statutes 1999 Supplement, section 13.20 174A.02, subdivision 4, is amended to read: 13.21 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 13.22 withinitsthe commissioner's jurisdiction, theboard13.23 commissioner shall receive, hear, and determine all petitions 13.24 filed withitthe commissioner in accordance with the procedures 13.25 established by law and may hold hearings and make determinations 13.26 uponitsthe commissioner's own motion to the same extent, and 13.27 in every instance, in whichitthe commissioner may do so upon 13.28 petition. Upon receiving petitions filed pursuant to sections 13.29 221.121, subdivision 1, 221.151,221.296,and 221.55, theboard13.30 commissioner shall give notice of the filing of the petition to 13.31 representatives of associations or other interested groups or 13.32 persons who have registered their names with theboard13.33 commissioner for that purpose and to whomever theboard13.34 commissioner deems to be interested in the petition. Theboard13.35 commissioner may grant or deny the request of the petition 30 13.36 days after notice of the filing has been fully given. If 14.1 theboardcommissioner receives a written objection and notice 14.2 of intent to appear at a hearing to object to the petition from 14.3 any person within 20 days of the notice having been fully given, 14.4 the request of the petitionshallmust be granted or denied only 14.5 after a contested case hearing has been conducted on the 14.6 petition, unless the objection is withdrawnprior tobefore the 14.7 hearing. Theboardcommissioner may elect to hold a contested 14.8 case hearing if no objections to the petition are received. If 14.9 a timely objection is not received, or if received and 14.10 withdrawn, and the request of the petition is denied without 14.11 hearing, the petitioner may request within 30 days of receiving 14.12 the notice of denial, andshallmust be granted, a contested 14.13 case hearing on the petition. 14.14 Sec. 17. Minnesota Statutes 1998, section 174A.04, is 14.15 amended to read: 14.16 174A.04 [HEARINGS AND APPEALS.] 14.17 Subdivision 1. [HEARINGS.] All hearings related to common 14.18 carriers by rail or motor carriers and required to be conducted 14.19 by the commissioner of transportationregulation board shall14.20 must be conducted pursuant to sections 14.001 to 14.69. 14.21 Subd. 2. [APPEALS.] An appeal from an order of the 14.22 commissioner must be in accordance with chapter 14. 14.23 Sec. 18. Minnesota Statutes 1999 Supplement, section 14.24 174A.06, is amended to read: 14.25 174A.06 [CONTINUATION OF RULES.] 14.26 (a) Orders and directives in force, issued, or promulgated 14.27 under authority of chapters 174A, 216A, 218, 219, 221, and 222 14.28 remain and continue in force and effect until repealed, 14.29 modified, or superseded by duly authorized orders or directives 14.30 of the commissioner of transportation. To the extent allowed 14.31 under federal law or regulation, rules adopted under authority 14.32 of the following sections are transferred to the commissioner of 14.33 transportation and continue in force and effect until repealed, 14.34 modified, or superseded by duly authorized rules of the 14.35 commissioner: 14.36(1) section 218.041 except rules related to the form and15.1manner of filing railroad rates, railroad accounting rules, and15.2safety rules;15.3(2)(1) section 219.40; 15.4(3)(2) rules relating to rates or tariffs, or the 15.5 granting, limiting, or modifying of permits or certificates of 15.6 convenience and necessity under section 221.031, subdivision 1; 15.7(4)(3) rules relating to the sale, assignment, pledge, or 15.8 other transfer of a stock interest in a corporation holding 15.9 authority to operate as a permit carrier as prescribed in 15.10 section 221.151, subdivision 1, or a local cartage carrier under15.11section 221.296, subdivision 8; 15.12(5)(4) rules relating to rates, charges, and practices 15.13 under section 221.161, subdivision 4; and 15.14(6)(5) rules relating to rates, tariffs, or the granting, 15.15 limiting, or modifying of permits under sections 221.121,and 15.16 221.151, and 221.296. 15.17 (b) The commissioner shall review the transferred rules, 15.18 orders, and directives and, when appropriate, develop and adopt 15.19 new rules, orders, or directives. 15.20 Sec. 19. Minnesota Statutes 1998, section 218.031, 15.21 subdivision 2, is amended to read: 15.22 Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every 15.23 common carrier shall furnish to the commissioner:15.24(1) All schedules of rates, fares and charges, every part15.25and classification thereof, together with minimum weights and15.26rules with respect thereto, and any and all amendments,15.27modifications or changes therein.15.28(2) All information duly required in blanks and forms15.29furnished by the commissioner.15.30(3) A copy of all annual reports and valuation data15.31furnished to the Interstate Commerce Commission not later than15.32June 30th, covering the preceding calendar year, together with15.33any additional information regarding valuation of its properties15.34requested by the commissioner.15.35(4)a report of accidents, wrecks and casualties occurring 15.36 in this state in such manner and form and at such times as 16.1 prescribed by the commissioner. All such reports administered 16.2 by the department of public safety shall be received and 16.3 administered in accordance with the provisions of section 16.4 169.09, subdivision 13. All other reports shall be open to 16.5 public inspection but shall not be admissible in evidence in any 16.6 suit or action for damages growing out of such accident, wreck 16.7 or casualty. 16.8(5) All tariff agreements or arrangements with other16.9carriers.16.10(6) All joint schedules of rates, fares or classifications.16.11 Sec. 20. Minnesota Statutes 1998, section 218.041, 16.12 subdivision 4, is amended to read: 16.13 Subd. 4. [COMMISSIONER DUTIES UPON PETITION.] The 16.14 commissioner shall, upon petition:16.15(1) At all points of intersection and crossings of16.16different railroads, or where two railroads are not more than16.17one-half mile apart, and at all terminals, prescribe ample16.18facilities by track connection, joint use of tracks, freight16.19platforms and depots, warehouses, docks over which general16.20merchandise is handled and forwarded, and other necessary16.21appliances and conveniences for the transfer, forwarding and16.22handling of general merchandise and parcel freight between such16.23railroads and between such railroads and such docks, warehouses16.24and vessels at such docks.16.25(2) Determine the proportionate share of each company in16.26the cost of providing connecting and transfer facilities in the16.27event the companies fail to agree.16.28(3) Direct construction, maintenance and operation at any16.29points prescribed by law of all side tracks and reasonable16.30facilities connecting any road with any grain warehouse or mill,16.31dock, wharf, coal yard, quarry, brick or lime kiln, sand or16.32gravel pit, crushed rock or concrete plant, or manufactory16.33adjacent thereto, and prescribe the terms therefor.16.34(4) Prescribe reasonable rules for handling property,16.35passenger, baggage, express and mail, partly over privately16.36owned rights-of-way and partly over highways, so that reasonable17.1and adequate accommodations and service may be afforded.17.2(5) Prescribe the extent to which any designated carrier,17.3upon its petition, may be relieved from the operation of the17.4principles established by section 218.021, subdivision 1,17.5clauses (5), (6) and (7).17.6(6), direct the repair, reconstruction or replacement of 17.7 any inadequate or unsafe trackage, structure or facility. 17.8 Upon receipt of a petition for action pursuant to this 17.9 subdivision the commissioner shall give notice to all persons 17.10 known to it to have an interest in the matter and publish notice 17.11 of the petition in the State Register. The commissioner may 17.12 grant the petition 30 days' after notice has been fully made. 17.13 If the commissioner receives a written objection to the petition 17.14 from any person within 20 days after the notice of filing has 17.15 been fully made, the exemption shall be granted or denied only 17.16 after a contested case hearing has been held on the matter. The 17.17 commissioner may elect to hold a contested case hearing if no 17.18 objections to the petition or application are received. If a 17.19 timely objection is not received and the commissioner declines 17.20 to act without hearing, the petitioner may request within 30 17.21 days of receiving a notice of denial, and shall be granted, a 17.22 contested case hearing on the application. 17.23 Sec. 21. Minnesota Statutes 1998, section 218.041, 17.24 subdivision 5, is amended to read: 17.25 Subd. 5. [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The 17.26 commissioner shall: 17.27 (1) investigate and determine whether any common carriers 17.28 are granting rebates or, in any other particular, failing to 17.29 comply with laws or with orders, rules or directives of the 17.30 commissioner; and 17.31 (2)appear and press before the Interstate Commerce17.32Commission any petition, whether filed by a resident of the17.33state or otherwise, charging any common carrier doing business17.34in this state with any violation of the Interstate Commerce Act17.35of the United States, whenever the department deems the matter17.36to be one of public interest;18.1(3)institute and prosecute all actions and proceedings in 18.2 the appropriate courts for the enforcement of the provisions of 18.3 this chapter, the orders, rules and directives of the 18.4 commissioner issued thereunder and any violations thereof. 18.5 Sec. 22. Minnesota Statutes 1998, section 218.041, 18.6 subdivision 6, is amended to read: 18.7 Subd. 6. [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING 18.8 POWERS.] In the exercise of powers granted in this chapter, the 18.9 commissioner may: 18.10 (1) subpoena books, papers or accounts kept by any 18.11 regulated business within or without the state, or compel 18.12 production of verified copies; 18.13 (2) prepare all forms or blanks for the purpose of 18.14 obtaining information which the commissioner may deem necessary 18.15 or useful for the proper exercise of the authority and duties of 18.16 the commissioner in connection with regulated businesses, and 18.17 prescribe the time and manner within which the blanks and forms 18.18 shall be completed and filed; 18.19 (3) inspect, at all reasonable times, and copy the books, 18.20 records, memoranda, correspondence or other documents and 18.21 records of any business under the commissioner's 18.22 jurisdiction; and 18.23 (4) examine, under oath, any officer, agent or employee of 18.24 a business under the commissioner's jurisdiction concerningits18.25business and affairs; and18.26(5) prescribe rules, duly promulgated in accordance with18.27chapter 14, relating to rates, care in handling and other18.28livestock transportation mattersany matter within the 18.29 commissioner's jurisdiction. 18.30 Sec. 23. Minnesota Statutes 1999 Supplement, section 18.31 219.074, subdivision 2, is amended to read: 18.32 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 18.33 1992, and on or before July 1 of each of the next four years, 18.34 and as necessary afterward, the commissioner shall develop a 18.35 list of grade crossings proposed to be vacated. The list must 18.36 be developed by applying the standards set forth in the rules 19.1 adopted under section 219.073. Grade crossings that are part of 19.2 an abandonment, closing, or removalunder section 219.741may 19.3 not be included in the list. The commissioner shall notify the 19.4 public officials having the necessary authority and the railway 19.5 companies operating the railroads of the proposed vacations. 19.6 Either affected party may request a hearing. If requested, the 19.7 commissioner shall hold a contested case hearing applying in its 19.8 determination the rules developed under section 219.073. If 19.9 after the hearing the commissioner determines that the vacation 19.10 is consistent with the standards adopted under section 219.073, 19.11 the commissioner may order the crossing vacated. If a request 19.12 for a hearing on a particular crossing is not received within 30 19.13 days of the publication in the State Register, the commissioner 19.14 shall order the crossing vacated. 19.15 Sec. 24. Minnesota Statutes 1998, section 219.384, 19.16 subdivision 2, is amended to read: 19.17 Subd. 2. [PENALTY.] A railroad company, road authority, or 19.18 property owner that fails to comply with this section within 30 19.19 days after being notified in writing is subject to a fine of $50 19.20 for each day that the condition is uncorrected. This penalty 19.21 may be recovered inthe manner provided in section 219.97,19.22subdivision 5a civil action brought by the attorney general or 19.23 by the county attorney of the county through or into which the 19.24 railroad extends. 19.25 Sec. 25. Minnesota Statutes 1998, section 219.402, is 19.26 amended to read: 19.27 219.402 [ADEQUATE CROSSING PROTECTION.] 19.28 Crossing warning devices or improvements installed or 19.29 maintained under this chapter as approved by the commissioner or 19.30 any predecessor, whether by order or otherwise, are adequate and 19.31 appropriate warning for the crossing. 19.32 Sec. 26. Minnesota Statutes 1999 Supplement, section 19.33 221.031, subdivision 1, is amended to read: 19.34 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 19.35 This subdivision applies to motor carriers engaged in intrastate 19.36 commerce. 20.1 (b) The commissioner shall prescribe rules for the 20.2 operation of motor carriers, including their facilities; 20.3 accounts; leasing of vehicles and drivers; service; safe 20.4 operation of vehicles; equipment, parts, and accessories; hours 20.5 of service of drivers; driver qualifications; accident 20.6 reporting; identification of vehicles; installation of safety 20.7 devices; inspection, repair, and maintenance; and proper 20.8 automatic speed regulators if, in the opinion of the 20.9 commissioner, there is a need for the rules. 20.10 (c) The commissioner shall direct the repair and 20.11 reconstruction or replacement of an inadequate or unsafe motor 20.12 carrier vehicle or facility. The commissioner may require the 20.13 construction and maintenance or furnishing of suitable and 20.14 proper freight terminals, passenger depots, waiting rooms, and 20.15 accommodations or shelters in a city in this state or at a point 20.16 on the highway traversedwhichthat the commissioner, after 20.17 investigation by the department, may deem just and proper for 20.18 the protection of passengers or property. 20.19 (d) The commissioner shall require holders of household 20.20 goods mover permits to file annual and other reports including 20.21 annual accounts of motor carriers, schedules of rates and 20.22 charges, or other data by motor carriers, regulate motor 20.23 carriers in matters affecting the relationship between them and 20.24 the traveling and shipping public, and prescribe other rules as 20.25 may be necessary to carry outthe provisions ofthis chapter. 20.26 (e) A motor carrier subject to paragraph (d) but having 20.27 gross revenues from for-hire transportation in a calendar year 20.28 of less than $200,000 may, at the discretion of the 20.29 commissioner, be exempted from the filing of an annual report,20.30 if, instead, the motor carrier files an abbreviated annual 20.31 report, in a form as may be prescribed by the commissioner, 20.32 attesting that the motor carrier's gross revenues did not exceed 20.33 $200,000 in the previous calendar year. Motor carrier gross 20.34 revenues from for-hire transportation, for the purposes of this 20.35 subdivision only, do not include gross revenues received from 20.36 the operation of school buses as defined in section 169.01, 21.1 subdivision 6. 21.2 (f) The commissioner shall enforce sections 169.781 to 21.3 169.783. 21.4 Sec. 27. Minnesota Statutes 1998, section 446A.085, as 21.5 amended by Laws 1999, chapter 230, sections 34 and 35, is 21.6 amended to read: 21.7 446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 21.8 Subdivision 1. [DEFINITIONS.] For the purposes of this 21.9 section, the terms defined in this subdivision have the meanings 21.10 given them. 21.11 (a) [ACT.] "Act" means the National Highway System 21.12 Designation Act of 1995, Public Law Number 104-59, as amended. 21.13 (b) [BORROWER.] "Borrower" means the state, counties, 21.14 cities, and other governmental entities eligible under the act 21.15 and state law to apply for and receive loans from the 21.16 transportation revolving loan fund, the trunk highway revolving21.17loan account, the county state-aid highway revolving loan21.18account, and the municipal state-aid street revolving loan21.19account. 21.20 (c) [DEPARTMENT.] "Department" means the department of 21.21 transportation. 21.22 (d) [LOAN.] "Loan" means financial assistance provided for 21.23 all or part of the cost of a project including money disbursed 21.24 in anticipation of reimbursement or repayment, loan guarantees, 21.25 lines of credit, credit enhancements, equipment financing 21.26 leases, bond insurance, or other forms of financial assistance. 21.27 (e) [TRANSPORTATION COMMITTEE.] "Transportation committee" 21.28 means a committee of the Minnesota public facilities authority, 21.29 acting on behalf of the Minnesota public facilities authority, 21.30 consisting of the commissioner of the department of trade and 21.31 economic development, the commissioner of finance, and the 21.32 commissioner of transportation. 21.33 Subd. 2. [PURPOSE.] The purpose of the transportation 21.34 revolving loan fund, the trunk highway revolving loan account,21.35the county state-aid highway revolving loan account, and the21.36municipal state-aid street revolving loan accountis to provide 22.1 loansand matching moneyfor public transportation projects 22.2 eligible for financing or aid under any federal act or program, 22.3 or state law, including, without limitation, the study of the 22.4 feasibility of construction, reconstruction, resurfacing, 22.5 restoring, rehabilitation, or replacement of transportation 22.6 facilities; acquisition of right-of-way; and maintenance, 22.7 repair, improvement, or construction of city, town, county, or 22.8 state highways, roads, streets, rights-of-way, bridges, tunnels, 22.9 railroad-highway crossings, drainage structures, signs, 22.10 maintenance and operation facilities, guardrails, and protective 22.11 structures used in connection with highways or transit projects. 22.12 Enhancement items, including without limitation bicycle paths, 22.13 ornamental lighting, and landscaping, are eligible for financing 22.14 provided they are an integral part of overall project design and 22.15 construction of a federal-aid highway. Money in the fund may 22.16 not be used for any toll facilities project or 22.17 congestion-pricing project. 22.18 Subd. 3. [ESTABLISHMENT OF FUND.] A transportation 22.19 revolving loan fund is established to make loans for the 22.20 purposes described in subdivision 2. A highway account is 22.21 established in the fund for highway projects eligible under 22.22 United States Code, title 23. A transit account is established 22.23 in the fund for transit capital projects eligible under United 22.24 States Code, title 49. A state funds general loan account is 22.25 established in the fund for transportation projects eligible 22.26 under state law but not under United States Code, title 23. 22.27 Other accounts may be established in the fund as necessary for 22.28 its management and administration. The transportation revolving 22.29 loan fund shall receive federal money under the act and money 22.30 from any source. Money received under this section must be paid 22.31 to the state treasurer and credited to the transportation 22.32 revolving loan fund. Money in the fund is annually appropriated 22.33 to thecommissionerauthority and does not lapse. The fund must 22.34 be credited with investment income, and with repayments of 22.35 principal and interest, except for servicing fees assessed under 22.36 sections 446A.04, subdivision 5, and 446A.11, subdivision 8. 23.1 Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 23.2 shall manage and administer the transportation revolving loan 23.3 fund, the trunk highway revolving loan account, the county23.4state-aid highway revolving loan account, and the municipal23.5state-aid street revolving loan accountand individual accounts 23.6 in the fund. For those purposes, the authority may exercise all 23.7 powers provided in this chapter. 23.8 Subd. 5. [TRANSFER OF MONEY.] With the consent of the 23.9 transportation committee, the commissioner of transportation may 23.10 transfer money from the trunk highway revolving loan account to 23.11 the trunk highway fund, from the county state-aid highway 23.12 revolving loan account to the county state-aid highway fund, and 23.13 from the municipal state-aid street revolving loan account to 23.14 the municipal state-aid street fund. 23.15 Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation 23.16 committee may authorize the making of loans to borrowers by the 23.17 authority for transportation purposes authorized by the act or 23.18 this section, without further action by the authority. The 23.19 authority may not make loans for transportation purposes without 23.20 the approval of the transportation committee. Each project must 23.21 be certified by the commissioner of transportation before its 23.22 consideration by the transportation committee. 23.23 Subd. 7. [APPLICATIONS.] Applicants for loans must submit 23.24 an application to the transportation committee on forms 23.25 prescribed by the transportation committee. The applicant must 23.26 provide the following information: 23.27 (1) the estimated cost of the project and the amount of the 23.28 loan sought; 23.29 (2) other possible sources of funding in addition to loans 23.30 sought from the transportation revolving loan fund, the trunk23.31highway revolving loan account, the county state-aid highway23.32revolving loan account, or the municipal state-aid street23.33revolving loan account; 23.34 (3) the proposed methods and sources of funds to be used 23.35 for repayment of loans received; and 23.36 (4) information showing the financial status and ability of 24.1 the borrower to repay loans. 24.2 Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of 24.3 transportation shall consider the following information when 24.4 evaluating projects to certify for funding to the transportation 24.5 committee: 24.6 (1) a description of the nature and purpose of the proposed 24.7 transportation project including an explanation of the need for 24.8 the project and the reasons why it is in the public interest; 24.9 (2) the relationship of the project to the area 24.10 transportation improvement program, the approved statewide 24.11 transportation improvement program, and to anyother24.12 transportation plans required under state or federal law; 24.13 (3) the estimated cost of the project and the amount of 24.14 loans sought; 24.15 (4) proposed sources of funding in addition to loans sought 24.16 from the transportation revolving loan fund, the trunk highway24.17revolving loan account, the county state-aid highway revolving24.18loan account, or municipal state-aid street revolving loan24.19account; 24.20 (5)the need for the project as part of the overall24.21transportation system;24.22(6)the overall economic impact of the project; and 24.23(7)(6) the extent to which completion of the project will 24.24 improve the movement of people and freight. 24.25 Subd. 9. [LOAN CONDITIONS.] When making loans from the 24.26 transportation revolving loan fund,the trunk highway revolving24.27loan account, the county state-aid highway revolving loan24.28account, or the municipal state-aid street revolving loan24.29account,the transportation committee shall comply with the 24.30conditionsapplicable provisions of the act and state law. In 24.31 addition, a loan made under this section must: 24.32 (1) bear interest at or below market rates or as otherwise 24.33 specified in federal law; 24.34 (2) have a repayment term not longer than 30 years; 24.35 (3) be fully amortized no later than 30 years after project 24.36 completion; 25.1 (4) be subject to repayment of principal and interest 25.2 beginning not later than five years after the facility financed 25.3 with a loan has been completed, or in the case of a highway 25.4 project, five years after the facility has opened to traffic; 25.5 and 25.6 (5) bemadedisbursed for specific project elements only 25.7 after all federal environmental requirementsapplicable to the25.8projecthave beencomplied with and all federal environmental25.9requirements have beenmet. 25.10 Subd. 10. [LOANS IN ANTICIPATION OF FUTURE 25.11 APPORTIONMENTS.] A loan may be made to a county, or to a 25.12 statutory or home rule charter city having a population of 5,000 25.13 or more, in anticipation of repayment of the loan from sums that 25.14 will be apportioned to a county from the county state-aid 25.15 highway fund under section 162.07 or to a city from the 25.16 municipal state-aid street fund under section 162.14. 25.17 Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 25.18 allocation provisions of section 162.08 for counties, and the 25.19 apportionment provisions of section 162.14 for cities, sums 25.20 apportioned under section 162.13 to a statutory or home rule 25.21 charter city, or under section 162.07 to a county, that has loan 25.22 repayments due to the transportation revolving loan fund,the25.23trunk highway revolving loan account, the county state-aid25.24highway revolving loan account, or the municipal state-aid25.25street revolving loan accountshall be paid by the commissioner 25.26 of transportation to the appropriate loan fund or account to 25.27 offset the loan repayments that are due. 25.28 Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND 25.29 AUTHORITY.] The commissioner of the department of trade and 25.30 economic development shall adopt administrative rules specifying 25.31 the procedures that will be used for the administration of the 25.32 duties of the transportation committee and authority. The rules 25.33 must include criteria, standards, and procedures that will be 25.34 used for making loans, determining interest rates to be charged 25.35 on loans, the amount of project financing to be provided, the 25.36 collateral that will be required, the requirements for dedicated 26.1 sources of revenue or income streams to ensure repayment of 26.2 loans, and the length of repayment terms. 26.3 Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The 26.4 commissioner of transportation shall establish, adopt rules for, 26.5 and implement a program to identify, assist with the development 26.6 of, and certify projects eligible for loans under the act to the 26.7 transportation committee. Until rules are adopted by the 26.8 commissioner of transportation, the commissioner of 26.9 transportation may certify to the transportation committee any 26.10 project that has been reviewed through an approved planning 26.11 process that qualifies the project to be included in the 26.12 statewide transportation program or amended into the statewide 26.13 transportation improvement program. 26.14 Subd. 14. [JOINT RULES.] The commissioner of the 26.15 department of trade and economic development and the 26.16 commissioner of transportation may adopt a single set of rules. 26.17 Sec. 28. Laws 1999, chapter 238, article 1, section 2, 26.18 subdivision 7, is amended to read: 26.19 Subd. 7. State Roads 912,625,000 923,769,000 26.20 Summary by Fund 26.21 General 59,000 9,000 26.22 Trunk Highway 912,566,000 923,760,000 26.23 The amounts that may be spent from this 26.24 appropriation for each activity are as 26.25 follows: 26.26 (a) State Road Construction 26.27 516,684,000 521,707,000 26.28 It is estimated that these 26.29 appropriations will be funded as 26.30 follows: 26.31 Federal Highway Aid 26.32 275,000,000 275,000,000 26.33 Highway User Taxes 26.34 241,684,000 246,707,000 26.35 The commissioner of transportation 26.36 shall notify the chair of the 26.37 transportation budget division of the 26.38 senate and chair of the transportation 26.39 finance committee of the house of 26.40 representatives quarterly of any events 26.41 that should cause these estimates to 27.1 change. 27.2 This appropriation is for the actual 27.3 construction, reconstruction, and 27.4 improvement of trunk highways. This 27.5 includes the cost of actual payment to 27.6 landowners for lands acquired for 27.7 highway rights-of-way, payment to 27.8 lessees, interest subsidies, and 27.9 relocation expenses. 27.10 The commissioner may transfer up to 27.11 $15,000,000 each year to the trunk 27.12 highway revolving loan account. 27.13 The commissioner may receive money 27.14 covering other shares of the cost of 27.15 partnership projects. These receipts 27.16 are appropriated to the commissioner 27.17 for these projects. 27.18 (b) Highway Debt Service 27.19 13,949,000 13,175,000 27.20 $3,949,000 the first year and 27.21 $3,175,000 the second year are for 27.22 transfer to the state bond fund. 27.23 If this appropriation is insufficient 27.24 to make all transfers required in the 27.25 year for which it is made, the 27.26 commissioner of finance shall notify 27.27 the committee on state government 27.28 finance of the senate and the committee 27.29 on ways and means of the house of 27.30 representatives of the amount of the 27.31 deficiency and shall then transfer that 27.32 amount under the statutory open 27.33 appropriation. 27.34 Any excess appropriation must be 27.35 canceled to the trunk highway fund. 27.36 (c) Research and Investment Management 27.37 12,450,000 12,597,000 27.38 $600,000 the first year and $600,000 27.39 the second year are available for 27.40 grants for transportation studies 27.41 outside the metropolitan area to 27.42 identify critical concerns, problems, 27.43 and issues. These grants are available 27.44 to (1) regional development 27.45 commissions, and (2) in regions where 27.46 no regional development commission is 27.47 functioning, joint powers boards 27.48 established under agreement of two or 27.49 more political subdivisions in the 27.50 region to exercise the planning 27.51 functions of a regional development 27.52 commission, and (3) in regions where no 27.53 regional development commission or 27.54 joint powers board is functioning, the 27.55 department's district office for that 27.56 region. 27.57 $216,000 the first year and $216,000 27.58 the second year are available for 27.59 grants to metropolitan planning 28.1 organizations outside the seven-county 28.2 metropolitan area. 28.3 $75,000 the first year and $25,000 the 28.4 second year are for transportation 28.5 planning relating to the 2000 census. 28.6 This appropriation may not be added to 28.7 the agency's budget base. 28.8 $75,000 the first year and $75,000 the 28.9 second year are for a transportation 28.10 research contingent account to finance 28.11 research projects that are reimbursable 28.12 from the federal government or from 28.13 other sources. If the appropriation 28.14 for either year is insufficient, the 28.15 appropriation for the other year is 28.16 available for it. 28.17 (d) Central Engineering Services 28.18 68,563,000 70,940,000 28.19 (e) Design and Construction Engineering 28.20 80,592,000 83,246,000 28.21 $1,000,000 the first year and $500,000 28.22 the second year are for transportation 28.23 planning relating to the 2000 census. 28.24 This appropriation may not be added to 28.25 the agency's budget base. 28.26 (f) State Road Operations 28.27 214,703,000 216,561,000 28.28 $1,000,000 each year are for 28.29 enhancements to the freeway operations 28.30 program in the metropolitan area. 28.31 $1,000,000 the first year and 28.32 $1,000,000 the second year are for 28.33 maintenance services including rest 28.34 area maintenance, vehicle insurance, 28.35 ditch assessments, and tort claims. 28.36 $3,000,000 the first year and 28.37 $1,000,000 the second year are for 28.38 improved highway striping. 28.39 $500,000 the first year and $500,000 28.40 the second year are for safety 28.41 technology applications. 28.42 $150,000 the first year and $150,000 28.43 the second year are for statewide asset 28.44 preservation and repair. 28.45 $750,000 the first year and $750,000 28.46 the second year are for the 28.47 implementation of the transportation 28.48 worker concept. 28.49 The commissioner shall establish a task 28.50 force to study seasonal road 28.51 restrictions and report to the 28.52 legislature its findings and any 28.53 recommendations for legislative 28.54 action. The commissioner shall appoint 28.55 members representing: 29.1 (1) aggregate and ready-mix producers; 29.2 (2) solid waste haulers; 29.3 (3) liquid waste haulers; 29.4 (4) the logging industry; 29.5 (5) the construction industry; and 29.6 (6) agricultural interests. 29.7 The task force shall report to the 29.8 legislature by February 1, 2000, on its 29.9 findings and recommendations. 29.10 (g) Electronic Communications 29.11 5,684,000 5,543,000 29.12 Summary by Fund 29.13 General 59,000 9,000 29.14 Trunk Highway 5,625,000 5,534,000 29.15 $9,000 the first year and $9,000 the 29.16 second year are from the general fund 29.17 for equipment and operation of the 29.18 Roosevelt signal tower for Lake of the 29.19 Woods weather broadcasting. 29.20 $50,000 the first year from the general 29.21 fund is for purchase of equipment for 29.22 the 800 MHz public safety radio system. 29.23 $200,000 the first year is from the 29.24 trunk highway fund for costs resulting 29.25 from the termination of agreements made 29.26 under article 2, sections 31 and 89, 29.27 and Minnesota Statutes, section 174.70, 29.28 subdivision 2. This appropriation does 29.29 not cancel but is available until spent. 29.30 In each year of the biennium the 29.31 commissioner shall request the 29.32 commissioner of administration to 29.33 request bids for the purchase of 29.34 digital mobile and portable radios to 29.35 be used on the metropolitan regional 29.36 public safety radio communications 29.37 system. 29.38 Sec. 29. [TRANSFERRING CARRIER REGULATORY 29.39 RESPONSIBILITIES.] 29.40 (a) Responsibilities, as defined in Minnesota Statutes, 29.41 section 15.039, subdivision 1, held by the transportation 29.42 regulation board including, but not limited to, responsibilities 29.43 relating to administration, regulation, recordkeeping, operating 29.44 authority, permitting, rate making, rulemaking, and enforcement 29.45 of transportation laws, rules, and regulations relating to motor 29.46 carriers and common carriers by rail under Minnesota Statutes, 30.1 chapters 218, 219, 221, and 222, are transferred to the 30.2 commissioner of the Minnesota department of transportation under 30.3 Minnesota Statutes, section 15.039. 30.4 (b) The legislative and quasi-judicial functions and powers 30.5 conferred on the board under Minnesota Statutes, chapter 174A, 30.6 are also transferred to the commissioner. 30.7 (c) The position of transportation regulation board member 30.8 and the transportation regulation board as previously 30.9 constituted are abolished. 30.10 Sec. 30. [INSTRUCTIONS TO REVISOR.] 30.11 (a) Except when used in the phrases to be changed by the 30.12 revisor under paragraph (b), the revisor of statutes is directed 30.13 to change the word "board" or "board's," or similar term or 30.14 phrase, when it refers to the transportation regulation board, 30.15 to the term "commissioner," "commissioner's," or "commissioner 30.16 of transportation," as appropriate, where it appears in: 30.17 (1) Minnesota Statutes, sections 174A.02, subdivision 3; 30.18 221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 30.19 6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 30.20 subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 30.21 221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 30.22 subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 30.23 221.55; and 30.24 (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 30.25 (b) The revisor of statutes is directed to change the 30.26 phrases "board or commissioner," "commissioner or board," "board 30.27 or the commissioner," "commissioner or the board," "commissioner 30.28 and the board," "commissioner and board," "board and the 30.29 commissioner," "board and commissioner," "department and board," 30.30 "board or department," and "board and the department," when the 30.31 word "board" refers to the transportation regulation board, to 30.32 the term "commissioner," or "commissioner of transportation," as 30.33 appropriate, where it appears in: 30.34 (1) Minnesota Statutes, sections 221.011, subdivision 15; 30.35 221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 30.36 subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 31.1 and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 31.2 221.295; 221.296, subdivisions 3 and 4; and 221.68; and 31.3 (2) Minnesota Rules, chapter 8850. 31.4 (c) Except when amended accordingly in sections 1 to 29, 31.5 the revisor of statutes is directed to change the words 31.6 "transportation regulation board" to "commissioner of 31.7 transportation" wherever they appear in Minnesota Statutes and 31.8 Minnesota Rules. 31.9 (d) In Minnesota Statutes, the revisor of statutes shall 31.10 renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 31.11 174A.06 as 174.66. 31.12 (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 31.13 of statutes shall change the term "commission" to "commissioner 31.14 of transportation" or "commissioner," as appropriate. 31.15 (f) The revisor of statutes shall make other changes in 31.16 chapter titles; section, subdivision, part, and subpart 31.17 headnotes; and in other terminology necessary as a result of 31.18 this act. 31.19 Sec. 31. [REPEALER.] 31.20 Minnesota Statutes 1998, sections 174A.01; 174A.02, 31.21 subdivision 5; 174A.03; 174A.05; 218.021; 218.025; 218.031, 31.22 subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 31.23 subdivisions 1, 2, 7, and 8; 219.558; 219.559; 219.56; 219.681; 31.24 219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 31.25 219.743; 219.751; 219.755; 219.85; 219.97; 222.631; 222.632; and 31.26 222.633, are repealed. 31.27 Sec. 32. [EFFECTIVE DATE.] 31.28 Sections 3; 4; and 6 are effective the day following final 31.29 enactment. Sections 13; 29; and 32 are effective July 1, 2000.