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             interregional transportation corridor development; 
  1.7             regulating drivers licenses; modifying provisions for 
  1.8             speed limits in highway work zones; transferring 
  1.9             responsibility for distributing certain funds for 
  1.10            highway safety to commissioner of public safety; 
  1.11            transferring responsibilities from transportation 
  1.12            regulation board to commissioner of transportation; 
  1.13            modifying transportation revolving loan fund 
  1.14            provisions; making technical and clarifying changes; 
  1.15            modifying provisions relating to statewide 
  1.16            communications system; amending Minnesota Statutes 
  1.17            1998, sections 161.24, subdivision 4; 169.14, 
  1.18            subdivision 5d; 171.02, subdivision 2; 171.321, 
  1.19            subdivision 2; 174.02, subdivisions 4 and 5; 174.10, 
  1.20            subdivisions 1, 3, and 4; 174A.02, subdivisions 1 and 
  1.21            2; 174A.04; 218.031, subdivision 2; 218.041, 
  1.22            subdivisions 4, 5, and 6; 219.384, subdivision 2; 
  1.23            219.402; and 446A.085, as amended; Minnesota Statutes 
  1.24            1999 Supplement, sections 171.29, subdivision 2; 
  1.25            174.70, subdivisions 2 and 3; 174A.02, subdivision 4; 
  1.26            174A.06; 219.074, subdivision 2; and 221.031, 
  1.27            subdivision 1; Laws 1999, chapter 238, article 1, 
  1.28            section 2, subdivision 7; proposing coding for new law 
  1.29            in Minnesota Statutes, chapter 161; repealing 
  1.30            Minnesota Statutes 1998, sections 174A.01; 174A.02, 
  1.31            subdivision 5; 174A.03; 174A.05; 218.021; 218.025; 
  1.32            218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 
  1.33            218.041, subdivisions 1, 2, 7, and 8; 219.558; 
  1.34            219.559; 219.56; 219.681; 219.69; 219.691; 219.692; 
  1.35            219.695; 219.70; 219.71; 219.741; 219.743; 219.751; 
  1.36            219.755; 219.85; 219.97; 222.631; 222.632; and 222.633.
  1.37  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.38     Section 1.  Minnesota Statutes 1998, section 161.24, 
  1.39  subdivision 4, is amended to read: 
  1.40     Subd. 4.  [ACCESS TO ISOLATED PROPERTY.] When the 
  1.41  establishment, construction, or reconstruction of a trunk 
  2.1   highway closes off any other highway or street, including a city 
  2.2   streets street, private road, or entrance at the boundary 
  2.3   of such the trunk highway, the commissioner may, in mitigation 
  2.4   of damages, or in the interest of safety and convenient public 
  2.5   travel, construct a road either within the limits of the trunk 
  2.6   highway, or without outside the limits of the trunk highway, 
  2.7   connecting the closed off closed-off highway, street, private 
  2.8   road, or entrance with another public highway.  In determining 
  2.9   whether to build the road within or without outside the limits 
  2.10  of the trunk highway, the commissioner may take into 
  2.11  consideration economy to the state and local traffic needs.  The 
  2.12  commissioner, in mitigation of damages, may connect the closed 
  2.13  off closed-off private road with the remaining portion of the 
  2.14  private road or with another private road.  All lands 
  2.15  necessary therefor for that purpose may be acquired by purchase, 
  2.16  gift, or condemnation.  Notwithstanding section 161.43 or 
  2.17  161.44, the commissioner may convey and quitclaim a fee title or 
  2.18  easement held or owned by the state in land used to connect with 
  2.19  a private road to the property owners served by the road. 
  2.20     Sec. 2.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
  2.21  CORRIDOR DEVELOPMENT.] 
  2.22     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
  2.23  the commissioner, a road authority other than the commissioner 
  2.24  or two or more road authorities that have entered into a joint 
  2.25  powers agreement under section 471.59 may make advances from any 
  2.26  available funds to the commissioner to expedite development of 
  2.27  an interregional transportation corridor, including funds for 
  2.28  design consultants, purchasing right-of-way, construction, or 
  2.29  other related expenditures. 
  2.30     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
  2.31  money, the commissioner shall repay the amount advanced under 
  2.32  this section, up to the state's share of costs, under terms of 
  2.33  the agreement.  The agreement may provide for payment of 
  2.34  interest on the amount of advanced funds.  The maximum interest 
  2.35  rate that may be paid is the rate earned by the state on 
  2.36  invested treasurer's cash for the month before the date the 
  3.1   agreement is executed or the actual interest paid by the road 
  3.2   authority in borrowing for the amount advanced, whichever rate 
  3.3   is less.  The total amount of annual repayment to road 
  3.4   authorities under this section must never exceed the amount 
  3.5   stated in the department's debt management policy or 
  3.6   $10,000,000, whichever is less. 
  3.7      Sec. 3.  Minnesota Statutes 1998, section 169.14, 
  3.8   subdivision 5d, is amended to read: 
  3.9      Subd. 5d.  [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 
  3.10  commissioner, on trunk highways and temporary trunk highways, 
  3.11  and local authorities, on streets and highways under their 
  3.12  jurisdiction, may authorize the use of reduced maximum speed 
  3.13  limits in highway work zones.  The commissioner or local 
  3.14  authority is not required to conduct an engineering and traffic 
  3.15  investigation before authorizing a reduced speed limit in a 
  3.16  highway work zone. 
  3.17     (b) The minimum highway work zone speed limit is 20 miles 
  3.18  per hour.  The work zone speed limit must not reduce the 
  3.19  established speed limit on the affected street or highway by 
  3.20  more than 15 miles per hour, except that the highway work zone 
  3.21  speed limit shall not exceed 40 miles per hour.  The 
  3.22  commissioner or local authority shall post the limits of the 
  3.23  work zone.  Highway work zone speed limits are effective on 
  3.24  erection of appropriate regulatory speed limit signs.  The signs 
  3.25  must be removed or covered when they are not required.  A speed 
  3.26  greater than the posted highway work zone speed limit is 
  3.27  unlawful.  
  3.28     (c) Notwithstanding paragraph (b), on divided highways, the 
  3.29  commissioner or local authority may establish a highway work 
  3.30  zone speed limit that does not exceed 55 miles per hour. 
  3.31     (c) (d) For purposes of this subdivision, "highway work 
  3.32  zone" means a segment of highway or street where a road 
  3.33  authority or its agent is constructing, reconstructing, or 
  3.34  maintaining the physical structure of the roadway, its 
  3.35  shoulders, or features adjacent to the roadway, including 
  3.36  underground and overhead utilities and highway appurtenances, 
  4.1   when workers are present. 
  4.2      (d) (e) Notwithstanding section 609.0331 or 609.101 or 
  4.3   other law to the contrary, a person who violates a speed limit 
  4.4   established under paragraph (b) or (c), or who violates any 
  4.5   other provision of this section while in a highway work zone, is 
  4.6   assessed an additional surcharge equal to the amount of the fine 
  4.7   imposed for the speed violation, but not less than $25. 
  4.8      Sec. 4.  Minnesota Statutes 1998, section 171.02, 
  4.9   subdivision 2, is amended to read: 
  4.10     Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
  4.11  EXEMPTIONS.] Drivers' licenses shall be classified according to 
  4.12  the types of vehicles which may be driven by the holder of each 
  4.13  type or class of license.  The commissioner may, as appropriate, 
  4.14  subdivide the classes listed in this subdivision and issue 
  4.15  licenses classified accordingly.  No class of license shall be 
  4.16  valid to operate a motorcycle, school bus, tank vehicle, 
  4.17  double-trailer or triple-trailer combination, vehicle 
  4.18  transporting hazardous materials, or bus, unless so endorsed. 
  4.19     There shall be four general classes of licenses as follows: 
  4.20     (a) Class D; valid for: 
  4.21     (1) operating all farm trucks if operated by (i) the owner, 
  4.22  (ii) an immediate family member of the owner, (iii) an employee 
  4.23  of the owner not primarily employed to operate the farm truck, 
  4.24  within 150 miles of the farm, or (iv) an employee of the owner 
  4.25  employed during harvest to operate the farm truck for the first, 
  4.26  continuous transportation of agricultural products from the 
  4.27  production site or on-farm storage site to any other location 
  4.28  within 50 miles of that site; 
  4.29     (2) operating fire trucks and emergency fire equipment, 
  4.30  whether or not in excess of 26,000 pounds gross vehicle weight, 
  4.31  operated by a firefighter while on duty, or a tiller operator 
  4.32  employed by a fire department who drives the rear portion of a 
  4.33  midmount aerial ladder truck; 
  4.34     (3) operating recreational equipment as defined in section 
  4.35  168.011, subdivision 25, that is operated for personal use; and 
  4.36     (4) operating all single unit vehicles except vehicles with 
  5.1   a gross vehicle weight of more than 26,000 pounds, vehicles 
  5.2   designed to carry more than 15 passengers including the driver, 
  5.3   and vehicles that carry hazardous materials.; 
  5.4      (5) with a school bus endorsement operating a school bus 
  5.5   designed to transport 15 or fewer passengers including the 
  5.6   driver, provided that before issuing a school bus endorsement 
  5.7   the commissioner shall conduct a background check under section 
  5.8   171.321, subdivision 3, and have proof that drug and alcohol 
  5.9   testing under Code of Federal Regulations, title 49, parts 40 
  5.10  and 382 have been completed; and 
  5.11     (6) without a school bus endorsement, operating a school 
  5.12  bus designed to transport 15 or fewer passengers including the 
  5.13  driver, if: 
  5.14     (i) the operator is an employee of the entity that owns, 
  5.15  leases, or contracts for the school bus; 
  5.16     (ii) the operator drives the school bus only from a single 
  5.17  point of loading to a single point of unloading; 
  5.18     (iii) the employer has adopted and implemented a policy 
  5.19  that provides for (A) training of the operator in vehicle 
  5.20  operation, pupil management, transporting persons with 
  5.21  disabilities, and emergency situations, (B) conducting a 
  5.22  background check of the operator that meets the requirements of 
  5.23  section 171.321, subdivision 3, and (C) annual verification of 
  5.24  the status of the operator's driver's license; and 
  5.25     (iv) pupils riding in the vehicle have been given training 
  5.26  required under section 123B.90, subdivision 2. 
  5.27     The holder of a class D license may also tow vehicles if 
  5.28  the combination of vehicles has a gross vehicle weight of 26,000 
  5.29  pounds or less. 
  5.30     (b) Class C; valid for:  
  5.31     (1) operating class D vehicles; and 
  5.32     (2) with a hazardous materials endorsement, transporting 
  5.33  hazardous materials in class D vehicles; and 
  5.34     (3) with a school bus endorsement, operating school buses 
  5.35  designed to transport 15 or fewer passengers, including the 
  5.36  driver. 
  6.1      (c) Class B; valid for operating all class C and class D 
  6.2   vehicles in class C, class D, and all other single unit vehicles 
  6.3   including, with a passenger endorsement, buses.  The holder of a 
  6.4   class B license may tow only vehicles with a gross vehicle 
  6.5   weight of 10,000 pounds or less. 
  6.6      (d) Class A; valid for operating any vehicle or combination 
  6.7   thereof.  
  6.8      Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  6.9   171.29, subdivision 2, is amended to read: 
  6.10     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  6.11  license has been revoked as provided in subdivision 1, except 
  6.12  under section 169.121 or 169.123, shall pay a $30 fee before the 
  6.13  driver's license is reinstated. 
  6.14     (b) A person whose driver's license has been revoked as 
  6.15  provided in subdivision 1 under section 169.121 or 169.123 shall 
  6.16  pay a $250 fee plus a $40 surcharge before the driver's license 
  6.17  is reinstated.  The $250 fee is to be credited as follows: 
  6.18     (1) Twenty percent shall must be credited to the trunk 
  6.19  highway fund. 
  6.20     (2) Fifty-five percent shall must be credited to the 
  6.21  general fund. 
  6.22     (3) Eight percent shall must be credited to a separate 
  6.23  account to be known as the bureau of criminal apprehension 
  6.24  account.  Money in this account may be appropriated to the 
  6.25  commissioner of public safety and the appropriated amount shall 
  6.26  must be apportioned 80 percent for laboratory costs and 20 
  6.27  percent for carrying out the provisions of section 299C.065. 
  6.28     (4) Twelve percent shall must be credited to a separate 
  6.29  account to be known as the alcohol-impaired driver education 
  6.30  account.  Money in the account is appropriated as follows: 
  6.31     (i) The first $200,000 in a fiscal year is to the 
  6.32  commissioner of children, families, and learning for programs 
  6.33  for elementary and secondary school students.; and 
  6.34     (ii) The remainder credited in a fiscal year is 
  6.35  appropriated to the commissioner of transportation public safety 
  6.36  to be spent as grants to the Minnesota highway safety center at 
  7.1   St. Cloud State University for programs relating to alcohol and 
  7.2   highway safety education in elementary and secondary schools. 
  7.3      (5) Five percent shall must be credited to a separate 
  7.4   account to be known as the traumatic brain injury and spinal 
  7.5   cord injury account.  The money in the account is annually 
  7.6   appropriated to the commissioner of health to be used as 
  7.7   follows:  35 percent for a contract with a qualified 
  7.8   community-based organization to provide information, resources, 
  7.9   and support to assist persons with traumatic brain injury and 
  7.10  their families to access services, and 65 percent to maintain 
  7.11  the traumatic brain injury and spinal cord injury registry 
  7.12  created in section 144.662.  For the purposes of this clause, a 
  7.13  "qualified community-based organization" is a private, 
  7.14  not-for-profit organization of consumers of traumatic brain 
  7.15  injury services and their family members.  The organization must 
  7.16  be registered with the United States Internal Revenue Service 
  7.17  under the provisions of section 501(c)(3) as a tax-exempt 
  7.18  organization and must have as its purposes:  
  7.19     (i) the promotion of public, family, survivor, and 
  7.20  professional awareness of the incidence and consequences of 
  7.21  traumatic brain injury; 
  7.22     (ii) the provision of a network of support for persons with 
  7.23  traumatic brain injury, their families, and friends; 
  7.24     (iii) the development and support of programs and services 
  7.25  to prevent traumatic brain injury; 
  7.26     (iv) the establishment of education programs for persons 
  7.27  with traumatic brain injury; and 
  7.28     (v) the empowerment of persons with traumatic brain injury 
  7.29  through participation in its governance. 
  7.30     No patient's name, identifying information or identifiable 
  7.31  medical data will be disclosed to the organization without the 
  7.32  informed voluntary written consent of the patient or patient's 
  7.33  guardian, or if the patient is a minor, of the parent or 
  7.34  guardian of the patient. 
  7.35     (c) The $40 surcharge shall must be credited to a separate 
  7.36  account to be known as the remote electronic alcohol monitoring 
  8.1   program account.  The commissioner shall transfer the balance of 
  8.2   this account to the commissioner of finance on a monthly basis 
  8.3   for deposit in the general fund. 
  8.4      (d) When these fees are collected by a county-operated 
  8.5   office of deputy registrar, a handling charge is imposed in the 
  8.6   amount specified under section 168.33, subdivision 7.  The 
  8.7   handling charge must be deposited in the treasury of the place 
  8.8   for which the deputy registrar was appointed and the 
  8.9   reinstatement fees and surcharge must be deposited in an 
  8.10  approved state depository as directed under section 168.33, 
  8.11  subdivision 2. 
  8.12     Sec. 6.  Minnesota Statutes 1998, section 171.321, 
  8.13  subdivision 2, is amended to read: 
  8.14     Subd. 2.  [RULES.] (a) The commissioner of public safety 
  8.15  shall prescribe rules governing the physical qualifications of 
  8.16  school bus drivers and tests required to obtain a school bus 
  8.17  endorsement.  
  8.18     Subd. 2a.  [PHYSICAL QUALIFICATIONS; MEDICAL 
  8.19  EXAMINATION.] The rules must provide that Notwithstanding any 
  8.20  rule to the contrary, an applicant for a school bus endorsement 
  8.21  or renewal is exempt from the physical qualifications and 
  8.22  medical examination required to operate a school bus upon 
  8.23  providing evidence of being medically examined and certified 
  8.24  within the preceding 24 months as physically qualified to 
  8.25  operate a commercial motor vehicle, pursuant to Code of Federal 
  8.26  Regulations, title 49, part 391, subpart E, or rules of the 
  8.27  commissioner of transportation incorporating those federal 
  8.28  regulations.  As evidence of being medically examined and 
  8.29  certified, the applicant must submit to the commissioner a copy 
  8.30  of the commercial motor vehicle carrier physical examination 
  8.31  form or the certificate of the medical examiner, as defined in 
  8.32  Code of Federal Regulations, title 49, part 390.5. 
  8.33     (b) Subd. 2b.  [HEAD START DRIVERS.] The commissioner of 
  8.34  public safety, in conjunction with the commissioner of economic 
  8.35  security, shall adopt rules prescribing a training program for 
  8.36  Head Start bus drivers.  The program must provide for initial 
  9.1   classroom and behind-the-wheel training, and annual in-service 
  9.2   training.  The program must provide training in defensive 
  9.3   driving, human relations, emergency and accident procedures, 
  9.4   vehicle maintenance, traffic laws, and use of safety equipment.  
  9.5   The program must provide that the training will be conducted by 
  9.6   the contract operator for a Head Start agency, the Head Start 
  9.7   grantee, a licensed driver training school, or by another person 
  9.8   or entity approved by both commissioners. 
  9.9      Sec. 7.  Minnesota Statutes 1998, section 174.02, 
  9.10  subdivision 4, is amended to read: 
  9.11     Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  9.12  The commissioner may appear as a party on behalf of the public 
  9.13  in any proceeding or matter before the interstate commerce 
  9.14  commission, the civil aeronautics surface transportation board 
  9.15  or any other agency or instrumentality of government which that 
  9.16  regulates public services or rates relating to transportation or 
  9.17  other matters related to the powers and responsibilities of the 
  9.18  commissioner as prescribed by law.  The commissioner shall 
  9.19  appear as a party on behalf of the public in proceedings before 
  9.20  the transportation regulation board as provided by law on 
  9.21  matters which that directly relate to the powers and duties of 
  9.22  the commissioner or which substantially affect the statewide 
  9.23  transportation plan.  On all other transportation matters the 
  9.24  commissioner may appear before the transportation regulation 
  9.25  board. 
  9.26     Sec. 8.  Minnesota Statutes 1998, section 174.02, 
  9.27  subdivision 5, is amended to read: 
  9.28     Subd. 5.  [COOPERATION.] To facilitate the development of a 
  9.29  unified and coordinated intrastate and interstate transportation 
  9.30  system: 
  9.31     (a) The commissioner shall maintain close liaison, 
  9.32  coordination and cooperation with the private sectors of 
  9.33  transportation, the upper great lakes seaway development 
  9.34  commission corporation, and any multistate organization involved 
  9.35  in transportation issues affecting the state;. 
  9.36     (b) The commissioner shall participate in the planning, 
 10.1   regulation and development of the port authorities of the state; 
 10.2   and. 
 10.3      (c) The commissioner or the commissioner's designee shall 
 10.4   be is a nonvoting, ex officio member of the metropolitan 
 10.5   airports commission, as organized and established under sections 
 10.6   473.601 to 473.679. 
 10.7      (d) The commissioner shall cooperate with all federal 
 10.8   agencies for the purpose of harmonizing state and federal 
 10.9   regulations within the state to the extent and in the manner 
 10.10  deemed advisable. 
 10.11     (e) The commissioner may conduct joint hearings with any 
 10.12  federal agency within or outside the state and, to the extent 
 10.13  allowed under federal law or regulation, may approve and 
 10.14  establish freight rates and charges that depart from the 
 10.15  distance principle required by any state law. 
 10.16     (f) The commissioner may nominate members to any joint 
 10.17  board as provided by federal acts. 
 10.18     Sec. 9.  Minnesota Statutes 1998, section 174.10, 
 10.19  subdivision 1, is amended to read: 
 10.20     Subdivision 1.  [NOTICE OF CONTESTED CASE; FEE.] The 
 10.21  commissioner in any contested case before the transportation 
 10.22  regulation board that involves a motor carrier or common carrier 
 10.23  by rail as a party shall give reasonable notice to 
 10.24  representatives of associations or other interested groups or 
 10.25  persons who have registered their names with the board 
 10.26  commissioner for that purpose, to all parties and to cities and 
 10.27  municipalities which that the board commissioner deems to be 
 10.28  interested in the proceeding.  The commissioner may prescribe an 
 10.29  annual fee to be credited to the general fund, which fee shall 
 10.30  be as a charge to all registered groups or persons.  The fee 
 10.31  must be credited to the general fund.  This charge is to cover 
 10.32  the out-of-pocket costs involved in giving such providing the 
 10.33  notice. 
 10.34     Sec. 10.  Minnesota Statutes 1998, section 174.10, 
 10.35  subdivision 3, is amended to read: 
 10.36     Subd. 3.  [PROSECUTION.] In proceedings which that involve 
 11.1   a hearing before the transportation regulation board motor 
 11.2   carrier or common carrier by rail as a party, the matter shall 
 11.3   must be investigated and prosecuted before the board heard by 
 11.4   the commissioner of transportation representing the interests of 
 11.5   the people of this state as authorized by law.  
 11.6      Sec. 11.  Minnesota Statutes 1998, section 174.10, 
 11.7   subdivision 4, is amended to read: 
 11.8      Subd. 4.  [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in 
 11.9   any proceeding before the transportation regulation board 
 11.10  relating to or involving the reasonableness of rates, fares, 
 11.11  charges, or classifications, the board commissioner decides that 
 11.12  it the department does not have jurisdiction because the traffic 
 11.13  covered by the rates, fares, charges, or classifications is 
 11.14  interstate commerce, the transportation regulation 
 11.15  board commissioner shall issue an order dismissing the 
 11.16  proceeding and stating the ground of the dismissal, which order 
 11.17  may be appealed from in like manner as other appealable orders. 
 11.18     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 11.19  174.70, subdivision 2, is amended to read: 
 11.20     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
 11.21  construction of the initial backbone of the a statewide 
 11.22  communications system described in subdivision 1 and to reduce 
 11.23  the proliferation of communications towers, the 
 11.24  commissioner shall may, by purchase, lease, gift, exchange, or 
 11.25  other means, obtain sites for the erection of towers and the 
 11.26  location of equipment and shall may construct buildings and 
 11.27  structures needed for developing the communications system.  The 
 11.28  commissioner may negotiate with commercial wireless service 
 11.29  providers and telecommunication infrastructure developers to 
 11.30  obtain sites, towers, and equipment.  Notwithstanding sections 
 11.31  161.433, 161.434, 161.45, and 161.46, the commissioner may by 
 11.32  agreement allow commercial wireless service providers to install 
 11.33  privately owned equipment on state-owned lands, buildings, and 
 11.34  other structures under the jurisdiction of the commissioner when 
 11.35  it is practical and feasible to do so.  The commissioner shall 
 11.36  charge a site use fee for the value of the property or structure 
 12.1   made available.  In lieu of a site use fee, the commissioner may 
 12.2   make agreements with commercial wireless service providers to 
 12.3   place state equipment on privately owned towers and may accept 
 12.4   (1) improvements to state-owned public safety communications 
 12.5   system facilities or real or personal property, or (2) services 
 12.6   provided by a commercial wireless service provider.  
 12.7      Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 12.8   174.70, subdivision 3, is amended to read: 
 12.9      Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 12.10  under subdivision 2 must be deposited in the trunk highway 
 12.11  fund.  The fees so collected are appropriated to the 
 12.12  commissioner to pay for the commissioner's share and state 
 12.13  patrol's share of the costs of constructing developing and 
 12.14  maintaining the communication communications system sites. 
 12.15     Sec. 14.  Minnesota Statutes 1998, section 174A.02, 
 12.16  subdivision 1, is amended to read: 
 12.17     Subdivision 1.  [COMMISSIONER'S POWERS GENERALLY.] Some of 
 12.18  the functions of the transportation regulation board shall be 
 12.19  legislative and commissioner of transportation, related to motor 
 12.20  carriers and common carriers by rail, are quasi-judicial in 
 12.21  nature.  It The commissioner may make such investigations and 
 12.22  determinations, hold such hearings, prescribe such rules, and 
 12.23  issue such orders with respect to the control and conduct of the 
 12.24  carrier businesses coming within its the commissioner's 
 12.25  jurisdiction as the legislature itself might make but only as it 
 12.26  shall from time to time authorize authorized by law.  
 12.27     Sec. 15.  Minnesota Statutes 1998, section 174A.02, 
 12.28  subdivision 2, is amended to read: 
 12.29     Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 
 12.30  extent allowed under federal law or regulation, the board 
 12.31  commissioner shall further hold hearings and issue orders in 
 12.32  cases brought before it by either the commissioner on the 
 12.33  commissioner's own motion or by a third party in the following 
 12.34  areas:  
 12.35     (a) (1) adequacy of services which that carriers are 
 12.36  providing to the public, including the continuation, termination 
 13.1   or modification of services and facilities.; 
 13.2      (b) The (2) reasonableness of tariffs of rates, fares, and 
 13.3   charges, or a part or classification thereof of a tariff; and 
 13.4      (3) issuing permits.  
 13.5      (b) For purposes of paragraph (a), clause (2), the board 
 13.6   commissioner may authorize common carriers by rail and 
 13.7   motor carrier carriers for hire to file tariffs of rates, fares, 
 13.8   and charges individually or by group.  Carriers participating in 
 13.9   group rate making have the free and unrestrained right to take 
 13.10  independent action either before or after a determination 
 13.11  arrived at through such that procedure.  
 13.12     (c) The issuing of franchises, permits, or certificates of 
 13.13  convenience and necessity.  
 13.14     Sec. 16.  Minnesota Statutes 1999 Supplement, section 
 13.15  174A.02, subdivision 4, is amended to read: 
 13.16     Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
 13.17  within its the commissioner's jurisdiction, the board 
 13.18  commissioner shall receive, hear, and determine all petitions 
 13.19  filed with it the commissioner in accordance with the procedures 
 13.20  established by law and may hold hearings and make determinations 
 13.21  upon its the commissioner's own motion to the same extent, and 
 13.22  in every instance, in which it the commissioner may do so upon 
 13.23  petition.  Upon receiving petitions filed pursuant to sections 
 13.24  221.121, subdivision 1, 221.151, 221.296, and 221.55, the board 
 13.25  commissioner shall give notice of the filing of the petition to 
 13.26  representatives of associations or other interested groups or 
 13.27  persons who have registered their names with the board 
 13.28  commissioner for that purpose and to whomever the board 
 13.29  commissioner deems to be interested in the petition.  The board 
 13.30  commissioner may grant or deny the request of the petition 30 
 13.31  days after notice of the filing has been fully given.  If 
 13.32  the board commissioner receives a written objection and notice 
 13.33  of intent to appear at a hearing to object to the petition from 
 13.34  any person within 20 days of the notice having been fully given, 
 13.35  the request of the petition shall must be granted or denied only 
 13.36  after a contested case hearing has been conducted on the 
 14.1   petition, unless the objection is withdrawn prior to before the 
 14.2   hearing.  The board commissioner may elect to hold a contested 
 14.3   case hearing if no objections to the petition are received.  If 
 14.4   a timely objection is not received, or if received and 
 14.5   withdrawn, and the request of the petition is denied without 
 14.6   hearing, the petitioner may request within 30 days of receiving 
 14.7   the notice of denial, and shall must be granted, a contested 
 14.8   case hearing on the petition. 
 14.9      Sec. 17.  Minnesota Statutes 1998, section 174A.04, is 
 14.10  amended to read: 
 14.11     174A.04 [HEARINGS AND APPEALS.] 
 14.12     Subdivision 1.  [HEARINGS.] All hearings related to common 
 14.13  carriers by rail or motor carriers and required to be conducted 
 14.14  by the commissioner of transportation regulation board shall 
 14.15  must be conducted pursuant to sections 14.001 to 14.69.  
 14.16     Subd. 2.  [APPEALS.] An appeal from an order of the 
 14.17  commissioner must be in accordance with chapter 14. 
 14.18     Sec. 18.  Minnesota Statutes 1999 Supplement, section 
 14.19  174A.06, is amended to read: 
 14.20     174A.06 [CONTINUATION OF RULES.] 
 14.21     (a) Orders and directives in force, issued, or promulgated 
 14.22  under authority of chapters 174A, 216A, 218, 219, 221, and 222 
 14.23  remain and continue in force and effect until repealed, 
 14.24  modified, or superseded by duly authorized orders or directives 
 14.25  of the commissioner of transportation.  To the extent allowed 
 14.26  under federal law or regulation, rules adopted under authority 
 14.27  of the following sections are transferred to the commissioner of 
 14.28  transportation and continue in force and effect until repealed, 
 14.29  modified, or superseded by duly authorized rules of the 
 14.30  commissioner:  
 14.31     (1) section 218.041 except rules related to the form and 
 14.32  manner of filing railroad rates, railroad accounting rules, and 
 14.33  safety rules; 
 14.34     (2) (1) section 219.40; 
 14.35     (3) (2) rules relating to rates or tariffs, or the 
 14.36  granting, limiting, or modifying of permits or certificates of 
 15.1   convenience and necessity under section 221.031, subdivision 1; 
 15.2      (4) (3) rules relating to the sale, assignment, pledge, or 
 15.3   other transfer of a stock interest in a corporation holding 
 15.4   authority to operate as a permit carrier as prescribed in 
 15.5   section 221.151, subdivision 1, or a local cartage carrier under 
 15.6   section 221.296, subdivision 8; 
 15.7      (5) (4) rules relating to rates, charges, and practices 
 15.8   under section 221.161, subdivision 4; and 
 15.9      (6) (5) rules relating to rates, tariffs, or the granting, 
 15.10  limiting, or modifying of permits under sections 221.121, and 
 15.11  221.151, and 221.296.  
 15.12     (b) The commissioner shall review the transferred rules, 
 15.13  orders, and directives and, when appropriate, develop and adopt 
 15.14  new rules, orders, or directives. 
 15.15     Sec. 19.  Minnesota Statutes 1998, section 218.031, 
 15.16  subdivision 2, is amended to read: 
 15.17     Subd. 2.  [INFORMATION FURNISHED COMMISSIONER.] Every 
 15.18  common carrier shall furnish to the commissioner: 
 15.19     (1) All schedules of rates, fares and charges, every part 
 15.20  and classification thereof, together with minimum weights and 
 15.21  rules with respect thereto, and any and all amendments, 
 15.22  modifications or changes therein. 
 15.23     (2) All information duly required in blanks and forms 
 15.24  furnished by the commissioner. 
 15.25     (3) A copy of all annual reports and valuation data 
 15.26  furnished to the Interstate Commerce Commission not later than 
 15.27  June 30th, covering the preceding calendar year, together with 
 15.28  any additional information regarding valuation of its properties 
 15.29  requested by the commissioner. 
 15.30     (4) a report of accidents, wrecks and casualties occurring 
 15.31  in this state in such manner and form and at such times as 
 15.32  prescribed by the commissioner.  All such reports administered 
 15.33  by the department of public safety shall be received and 
 15.34  administered in accordance with the provisions of section 
 15.35  169.09, subdivision 13.  All other reports shall be open to 
 15.36  public inspection but shall not be admissible in evidence in any 
 16.1   suit or action for damages growing out of such accident, wreck 
 16.2   or casualty. 
 16.3      (5) All tariff agreements or arrangements with other 
 16.4   carriers. 
 16.5      (6) All joint schedules of rates, fares or classifications. 
 16.6      Sec. 20.  Minnesota Statutes 1998, section 218.041, 
 16.7   subdivision 4, is amended to read: 
 16.8      Subd. 4.  [COMMISSIONER DUTIES UPON PETITION.] The 
 16.9   commissioner shall, upon petition: 
 16.10     (1) At all points of intersection and crossings of 
 16.11  different railroads, or where two railroads are not more than 
 16.12  one-half mile apart, and at all terminals, prescribe ample 
 16.13  facilities by track connection, joint use of tracks, freight 
 16.14  platforms and depots, warehouses, docks over which general 
 16.15  merchandise is handled and forwarded, and other necessary 
 16.16  appliances and conveniences for the transfer, forwarding and 
 16.17  handling of general merchandise and parcel freight between such 
 16.18  railroads and between such railroads and such docks, warehouses 
 16.19  and vessels at such docks. 
 16.20     (2) Determine the proportionate share of each company in 
 16.21  the cost of providing connecting and transfer facilities in the 
 16.22  event the companies fail to agree. 
 16.23     (3) Direct construction, maintenance and operation at any 
 16.24  points prescribed by law of all side tracks and reasonable 
 16.25  facilities connecting any road with any grain warehouse or mill, 
 16.26  dock, wharf, coal yard, quarry, brick or lime kiln, sand or 
 16.27  gravel pit, crushed rock or concrete plant, or manufactory 
 16.28  adjacent thereto, and prescribe the terms therefor. 
 16.29     (4) Prescribe reasonable rules for handling property, 
 16.30  passenger, baggage, express and mail, partly over privately 
 16.31  owned rights-of-way and partly over highways, so that reasonable 
 16.32  and adequate accommodations and service may be afforded. 
 16.33     (5) Prescribe the extent to which any designated carrier, 
 16.34  upon its petition, may be relieved from the operation of the 
 16.35  principles established by section 218.021, subdivision 1, 
 16.36  clauses (5), (6) and (7). 
 17.1      (6), direct the repair, reconstruction or replacement of 
 17.2   any inadequate or unsafe trackage, structure or facility. 
 17.3      Upon receipt of a petition for action pursuant to this 
 17.4   subdivision the commissioner shall give notice to all persons 
 17.5   known to it to have an interest in the matter and publish notice 
 17.6   of the petition in the State Register.  The commissioner may 
 17.7   grant the petition 30 days' after notice has been fully made.  
 17.8   If the commissioner receives a written objection to the petition 
 17.9   from any person within 20 days after the notice of filing has 
 17.10  been fully made, the exemption shall be granted or denied only 
 17.11  after a contested case hearing has been held on the matter.  The 
 17.12  commissioner may elect to hold a contested case hearing if no 
 17.13  objections to the petition or application are received.  If a 
 17.14  timely objection is not received and the commissioner declines 
 17.15  to act without hearing, the petitioner may request within 30 
 17.16  days of receiving a notice of denial, and shall be granted, a 
 17.17  contested case hearing on the application. 
 17.18     Sec. 21.  Minnesota Statutes 1998, section 218.041, 
 17.19  subdivision 5, is amended to read: 
 17.20     Subd. 5.  [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The 
 17.21  commissioner shall: 
 17.22     (1) investigate and determine whether any common carriers 
 17.23  are granting rebates or, in any other particular, failing to 
 17.24  comply with laws or with orders, rules or directives of the 
 17.25  commissioner; and 
 17.26     (2) appear and press before the Interstate Commerce 
 17.27  Commission any petition, whether filed by a resident of the 
 17.28  state or otherwise, charging any common carrier doing business 
 17.29  in this state with any violation of the Interstate Commerce Act 
 17.30  of the United States, whenever the department deems the matter 
 17.31  to be one of public interest; 
 17.32     (3) institute and prosecute all actions and proceedings in 
 17.33  the appropriate courts for the enforcement of the provisions of 
 17.34  this chapter, the orders, rules and directives of the 
 17.35  commissioner issued thereunder and any violations thereof.  
 17.36     Sec. 22.  Minnesota Statutes 1998, section 218.041, 
 18.1   subdivision 6, is amended to read: 
 18.2      Subd. 6.  [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING 
 18.3   POWERS.] In the exercise of powers granted in this chapter, the 
 18.4   commissioner may: 
 18.5      (1) subpoena books, papers or accounts kept by any 
 18.6   regulated business within or without the state, or compel 
 18.7   production of verified copies; 
 18.8      (2) prepare all forms or blanks for the purpose of 
 18.9   obtaining information which the commissioner may deem necessary 
 18.10  or useful for the proper exercise of the authority and duties of 
 18.11  the commissioner in connection with regulated businesses, and 
 18.12  prescribe the time and manner within which the blanks and forms 
 18.13  shall be completed and filed; 
 18.14     (3) inspect, at all reasonable times, and copy the books, 
 18.15  records, memoranda, correspondence or other documents and 
 18.16  records of any business under the commissioner's 
 18.17  jurisdiction; and 
 18.18     (4) examine, under oath, any officer, agent or employee of 
 18.19  a business under the commissioner's jurisdiction concerning its 
 18.20  business and affairs; and 
 18.21     (5) prescribe rules, duly promulgated in accordance with 
 18.22  chapter 14, relating to rates, care in handling and other 
 18.23  livestock transportation matters any matter within the 
 18.24  commissioner's jurisdiction. 
 18.25     Sec. 23.  Minnesota Statutes 1999 Supplement, section 
 18.26  219.074, subdivision 2, is amended to read: 
 18.27     Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
 18.28  1992, and on or before July 1 of each of the next four years, 
 18.29  and as necessary afterward, the commissioner shall develop a 
 18.30  list of grade crossings proposed to be vacated.  The list must 
 18.31  be developed by applying the standards set forth in the rules 
 18.32  adopted under section 219.073.  Grade crossings that are part of 
 18.33  an abandonment, closing, or removal under section 219.741 may 
 18.34  not be included in the list.  The commissioner shall notify the 
 18.35  public officials having the necessary authority and the railway 
 18.36  companies operating the railroads of the proposed vacations.  
 19.1   Either affected party may request a hearing.  If requested, the 
 19.2   commissioner shall hold a contested case hearing applying in its 
 19.3   determination the rules developed under section 219.073.  If 
 19.4   after the hearing the commissioner determines that the vacation 
 19.5   is consistent with the standards adopted under section 219.073, 
 19.6   the commissioner may order the crossing vacated.  If a request 
 19.7   for a hearing on a particular crossing is not received within 30 
 19.8   days of the publication in the State Register, the commissioner 
 19.9   shall order the crossing vacated. 
 19.10     Sec. 24.  Minnesota Statutes 1998, section 219.384, 
 19.11  subdivision 2, is amended to read: 
 19.12     Subd. 2.  [PENALTY.] A railroad company, road authority, or 
 19.13  property owner that fails to comply with this section within 30 
 19.14  days after being notified in writing is subject to a fine of $50 
 19.15  for each day that the condition is uncorrected.  This penalty 
 19.16  may be recovered in the manner provided in section 219.97, 
 19.17  subdivision 5 a civil action brought by the attorney general or 
 19.18  by the county attorney of the county through or into which the 
 19.19  railroad extends. 
 19.20     Sec. 25.  Minnesota Statutes 1998, section 219.402, is 
 19.21  amended to read: 
 19.22     219.402 [ADEQUATE CROSSING PROTECTION.] 
 19.23     Crossing warning devices or improvements installed or 
 19.24  maintained under this chapter as approved by the commissioner or 
 19.25  any predecessor, whether by order or otherwise, are adequate and 
 19.26  appropriate warning for the crossing. 
 19.27     Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 19.28  221.031, subdivision 1, is amended to read: 
 19.29     Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
 19.30  This subdivision applies to motor carriers engaged in intrastate 
 19.31  commerce. 
 19.32     (b) The commissioner shall prescribe rules for the 
 19.33  operation of motor carriers, including their facilities; 
 19.34  accounts; leasing of vehicles and drivers; service; safe 
 19.35  operation of vehicles; equipment, parts, and accessories; hours 
 19.36  of service of drivers; driver qualifications; accident 
 20.1   reporting; identification of vehicles; installation of safety 
 20.2   devices; inspection, repair, and maintenance; and proper 
 20.3   automatic speed regulators if, in the opinion of the 
 20.4   commissioner, there is a need for the rules.  
 20.5      (c) The commissioner shall direct the repair and 
 20.6   reconstruction or replacement of an inadequate or unsafe motor 
 20.7   carrier vehicle or facility.  The commissioner may require the 
 20.8   construction and maintenance or furnishing of suitable and 
 20.9   proper freight terminals, passenger depots, waiting rooms, and 
 20.10  accommodations or shelters in a city in this state or at a point 
 20.11  on the highway traversed which that the commissioner, after 
 20.12  investigation by the department, may deem just and proper for 
 20.13  the protection of passengers or property.  
 20.14     (d) The commissioner shall require holders of household 
 20.15  goods mover permits to file annual and other reports including 
 20.16  annual accounts of motor carriers, schedules of rates and 
 20.17  charges, or other data by motor carriers, regulate motor 
 20.18  carriers in matters affecting the relationship between them and 
 20.19  the traveling and shipping public, and prescribe other rules as 
 20.20  may be necessary to carry out the provisions of this chapter.  
 20.21     (e) A motor carrier subject to paragraph (d) but having 
 20.22  gross revenues from for-hire transportation in a calendar year 
 20.23  of less than $200,000 may, at the discretion of the 
 20.24  commissioner, be exempted from the filing of an annual report, 
 20.25  if, instead, the motor carrier files an abbreviated annual 
 20.26  report, in a form as may be prescribed by the commissioner, 
 20.27  attesting that the motor carrier's gross revenues did not exceed 
 20.28  $200,000 in the previous calendar year.  Motor carrier gross 
 20.29  revenues from for-hire transportation, for the purposes of this 
 20.30  subdivision only, do not include gross revenues received from 
 20.31  the operation of school buses as defined in section 169.01, 
 20.32  subdivision 6. 
 20.33     (f) The commissioner shall enforce sections 169.781 to 
 20.34  169.783. 
 20.35     Sec. 27.  Minnesota Statutes 1998, section 446A.085, as 
 20.36  amended by Laws 1999, chapter 230, sections 34 and 35, is 
 21.1   amended to read: 
 21.2      446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
 21.3      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 21.4   section, the terms defined in this subdivision have the meanings 
 21.5   given them. 
 21.6      (a)  [ACT.] "Act" means the National Highway System 
 21.7   Designation Act of 1995, Public Law Number 104-59, as amended. 
 21.8      (b)  [BORROWER.] "Borrower" means the state, counties, 
 21.9   cities, and other governmental entities eligible under the act 
 21.10  and state law to apply for and receive loans from the 
 21.11  transportation revolving loan fund, the trunk highway revolving 
 21.12  loan account, the county state-aid highway revolving loan 
 21.13  account, and the municipal state-aid street revolving loan 
 21.14  account. 
 21.15     (c)  [DEPARTMENT.] "Department" means the department of 
 21.16  transportation. 
 21.17     (d)  [LOAN.] "Loan" means financial assistance provided for 
 21.18  all or part of the cost of a project including money disbursed 
 21.19  in anticipation of reimbursement or repayment, loan guarantees, 
 21.20  lines of credit, credit enhancements, equipment financing 
 21.21  leases, bond insurance, or other forms of financial assistance. 
 21.22     (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
 21.23  means a committee of the Minnesota public facilities authority, 
 21.24  acting on behalf of the Minnesota public facilities authority, 
 21.25  consisting of the commissioner of the department of trade and 
 21.26  economic development, the commissioner of finance, and the 
 21.27  commissioner of transportation. 
 21.28     Subd. 2.  [PURPOSE.] The purpose of the transportation 
 21.29  revolving loan fund, the trunk highway revolving loan account, 
 21.30  the county state-aid highway revolving loan account, and the 
 21.31  municipal state-aid street revolving loan account is to provide 
 21.32  loans and matching money for public transportation projects 
 21.33  eligible for financing or aid under any federal act or program, 
 21.34  or state law, including, without limitation, the study of the 
 21.35  feasibility of construction, reconstruction, resurfacing, 
 21.36  restoring, rehabilitation, or replacement of transportation 
 22.1   facilities; acquisition of right-of-way; and maintenance, 
 22.2   repair, improvement, or construction of city, town, county, or 
 22.3   state highways, roads, streets, rights-of-way, bridges, tunnels, 
 22.4   railroad-highway crossings, drainage structures, signs, 
 22.5   maintenance and operation facilities, guardrails, and protective 
 22.6   structures used in connection with highways or transit projects. 
 22.7   Enhancement items, including without limitation bicycle paths, 
 22.8   ornamental lighting, and landscaping, are eligible for financing 
 22.9   provided they are an integral part of overall project design and 
 22.10  construction of a federal-aid highway.  Money in the fund may 
 22.11  not be used for any toll facilities project or 
 22.12  congestion-pricing project. 
 22.13     Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 22.14  revolving loan fund is established to make loans for the 
 22.15  purposes described in subdivision 2.  A highway account is 
 22.16  established in the fund for highway projects eligible under 
 22.17  United States Code, title 23.  A transit account is established 
 22.18  in the fund for transit capital projects eligible under United 
 22.19  States Code, title 49.  A state funds general loan account is 
 22.20  established in the fund for transportation projects eligible 
 22.21  under state law but not under United States Code, title 23.  
 22.22  Other accounts may be established in the fund as necessary for 
 22.23  its management and administration.  The transportation revolving 
 22.24  loan fund shall receive federal money under the act and money 
 22.25  from any source.  Money received under this section must be paid 
 22.26  to the state treasurer and credited to the transportation 
 22.27  revolving loan fund.  Money in the fund is annually appropriated 
 22.28  to the commissioner authority and does not lapse.  The fund must 
 22.29  be credited with investment income, and with repayments of 
 22.30  principal and interest, except for servicing fees assessed under 
 22.31  sections 446A.04, subdivision 5, and 446A.11, subdivision 8. 
 22.32     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
 22.33  shall manage and administer the transportation revolving loan 
 22.34  fund, the trunk highway revolving loan account, the county 
 22.35  state-aid highway revolving loan account, and the municipal 
 22.36  state-aid street revolving loan account and individual accounts 
 23.1   in the fund.  For those purposes, the authority may exercise all 
 23.2   powers provided in this chapter. 
 23.3      Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
 23.4   transportation committee, the commissioner of transportation may 
 23.5   transfer money from the trunk highway revolving loan account to 
 23.6   the trunk highway fund, from the county state-aid highway 
 23.7   revolving loan account to the county state-aid highway fund, and 
 23.8   from the municipal state-aid street revolving loan account to 
 23.9   the municipal state-aid street fund. 
 23.10     Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 23.11  committee may authorize the making of loans to borrowers by the 
 23.12  authority for transportation purposes authorized by the act or 
 23.13  this section, without further action by the authority.  The 
 23.14  authority may not make loans for transportation purposes without 
 23.15  the approval of the transportation committee.  Each project must 
 23.16  be certified by the commissioner of transportation before its 
 23.17  consideration by the transportation committee. 
 23.18     Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
 23.19  an application to the transportation committee on forms 
 23.20  prescribed by the transportation committee.  The applicant must 
 23.21  provide the following information: 
 23.22     (1) the estimated cost of the project and the amount of the 
 23.23  loan sought; 
 23.24     (2) other possible sources of funding in addition to loans 
 23.25  sought from the transportation revolving loan fund, the trunk 
 23.26  highway revolving loan account, the county state-aid highway 
 23.27  revolving loan account, or the municipal state-aid street 
 23.28  revolving loan account; 
 23.29     (3) the proposed methods and sources of funds to be used 
 23.30  for repayment of loans received; and 
 23.31     (4) information showing the financial status and ability of 
 23.32  the borrower to repay loans. 
 23.33     Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
 23.34  transportation shall consider the following information when 
 23.35  evaluating projects to certify for funding to the transportation 
 23.36  committee: 
 24.1      (1) a description of the nature and purpose of the proposed 
 24.2   transportation project including an explanation of the need for 
 24.3   the project and the reasons why it is in the public interest; 
 24.4      (2) the relationship of the project to the area 
 24.5   transportation improvement program, the approved statewide 
 24.6   transportation improvement program, and to any other 
 24.7   transportation plans required under state or federal law; 
 24.8      (3) the estimated cost of the project and the amount of 
 24.9   loans sought; 
 24.10     (4) proposed sources of funding in addition to loans sought 
 24.11  from the transportation revolving loan fund, the trunk highway 
 24.12  revolving loan account, the county state-aid highway revolving 
 24.13  loan account, or municipal state-aid street revolving loan 
 24.14  account; 
 24.15     (5) the need for the project as part of the overall 
 24.16  transportation system; 
 24.17     (6) the overall economic impact of the project; and 
 24.18     (7) (6) the extent to which completion of the project will 
 24.19  improve the movement of people and freight. 
 24.20     Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
 24.21  transportation revolving loan fund, the trunk highway revolving 
 24.22  loan account, the county state-aid highway revolving loan 
 24.23  account, or the municipal state-aid street revolving loan 
 24.24  account, the transportation committee shall comply with the 
 24.25  conditions applicable provisions of the act and state law.  In 
 24.26  addition, a loan made under this section must: 
 24.27     (1) bear interest at or below market rates or as otherwise 
 24.28  specified in federal law; 
 24.29     (2) have a repayment term not longer than 30 years; 
 24.30     (3) be fully amortized no later than 30 years after project 
 24.31  completion; 
 24.32     (4) be subject to repayment of principal and interest 
 24.33  beginning not later than five years after the facility financed 
 24.34  with a loan has been completed, or in the case of a highway 
 24.35  project, five years after the facility has opened to traffic; 
 24.36  and 
 25.1      (5) be made disbursed for specific project elements only 
 25.2   after all federal environmental requirements applicable to the 
 25.3   project have been complied with and all federal environmental 
 25.4   requirements have been met. 
 25.5      Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
 25.6   APPORTIONMENTS.] A loan may be made to a county, or to a 
 25.7   statutory or home rule charter city having a population of 5,000 
 25.8   or more, in anticipation of repayment of the loan from sums that 
 25.9   will be apportioned to a county from the county state-aid 
 25.10  highway fund under section 162.07 or to a city from the 
 25.11  municipal state-aid street fund under section 162.14. 
 25.12     Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
 25.13  allocation provisions of section 162.08 for counties, and the 
 25.14  apportionment provisions of section 162.14 for cities, sums 
 25.15  apportioned under section 162.13 to a statutory or home rule 
 25.16  charter city, or under section 162.07 to a county, that has loan 
 25.17  repayments due to the transportation revolving loan fund, the 
 25.18  trunk highway revolving loan account, the county state-aid 
 25.19  highway revolving loan account, or the municipal state-aid 
 25.20  street revolving loan account shall be paid by the commissioner 
 25.21  of transportation to the appropriate loan fund or account to 
 25.22  offset the loan repayments that are due. 
 25.23     Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
 25.24  AUTHORITY.] The commissioner of the department of trade and 
 25.25  economic development shall adopt administrative rules specifying 
 25.26  the procedures that will be used for the administration of the 
 25.27  duties of the transportation committee and authority.  The rules 
 25.28  must include criteria, standards, and procedures that will be 
 25.29  used for making loans, determining interest rates to be charged 
 25.30  on loans, the amount of project financing to be provided, the 
 25.31  collateral that will be required, the requirements for dedicated 
 25.32  sources of revenue or income streams to ensure repayment of 
 25.33  loans, and the length of repayment terms.  
 25.34     Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
 25.35  commissioner of transportation shall establish, adopt rules for, 
 25.36  and implement a program to identify, assist with the development 
 26.1   of, and certify projects eligible for loans under the act to the 
 26.2   transportation committee.  Until rules are adopted by the 
 26.3   commissioner of transportation, the commissioner of 
 26.4   transportation may certify to the transportation committee any 
 26.5   project that has been reviewed through an approved planning 
 26.6   process that qualifies the project to be included in the 
 26.7   statewide transportation program or amended into the statewide 
 26.8   transportation improvement program. 
 26.9      Subd. 14.  [JOINT RULES.] The commissioner of the 
 26.10  department of trade and economic development and the 
 26.11  commissioner of transportation may adopt a single set of rules. 
 26.12     Sec. 28.  Laws 1999, chapter 238, article 1, section 2, 
 26.13  subdivision 7, is amended to read: 
 26.14  Subd. 7.  State Roads                912,625,000    923,769,000
 26.15                Summary by Fund
 26.16  General                 59,000          9,000
 26.17  Trunk Highway      912,566,000    923,760,000
 26.18  The amounts that may be spent from this 
 26.19  appropriation for each activity are as 
 26.20  follows:  
 26.21  (a) State Road Construction 
 26.22     516,684,000    521,707,000
 26.23  It is estimated that these 
 26.24  appropriations will be funded as 
 26.25  follows:  
 26.26  Federal Highway Aid 
 26.27     275,000,000    275,000,000
 26.28  Highway User Taxes 
 26.29     241,684,000    246,707,000
 26.30  The commissioner of transportation 
 26.31  shall notify the chair of the 
 26.32  transportation budget division of the 
 26.33  senate and chair of the transportation 
 26.34  finance committee of the house of 
 26.35  representatives quarterly of any events 
 26.36  that should cause these estimates to 
 26.37  change. 
 26.38  This appropriation is for the actual 
 26.39  construction, reconstruction, and 
 26.40  improvement of trunk highways.  This 
 26.41  includes the cost of actual payment to 
 26.42  landowners for lands acquired for 
 26.43  highway rights-of-way, payment to 
 26.44  lessees, interest subsidies, and 
 26.45  relocation expenses. 
 27.1   The commissioner may transfer up to 
 27.2   $15,000,000 each year to the trunk 
 27.3   highway revolving loan account. 
 27.4   The commissioner may receive money 
 27.5   covering other shares of the cost of 
 27.6   partnership projects.  These receipts 
 27.7   are appropriated to the commissioner 
 27.8   for these projects. 
 27.9   (b) Highway Debt Service 
 27.10      13,949,000     13,175,000
 27.11  $3,949,000 the first year and 
 27.12  $3,175,000 the second year are for 
 27.13  transfer to the state bond fund. 
 27.14  If this appropriation is insufficient 
 27.15  to make all transfers required in the 
 27.16  year for which it is made, the 
 27.17  commissioner of finance shall notify 
 27.18  the committee on state government 
 27.19  finance of the senate and the committee 
 27.20  on ways and means of the house of 
 27.21  representatives of the amount of the 
 27.22  deficiency and shall then transfer that 
 27.23  amount under the statutory open 
 27.24  appropriation.  
 27.25  Any excess appropriation must be 
 27.26  canceled to the trunk highway fund. 
 27.27  (c) Research and Investment Management 
 27.28      12,450,000     12,597,000
 27.29  $600,000 the first year and $600,000 
 27.30  the second year are available for 
 27.31  grants for transportation studies 
 27.32  outside the metropolitan area to 
 27.33  identify critical concerns, problems, 
 27.34  and issues.  These grants are available 
 27.35  to (1) regional development 
 27.36  commissions, and (2) in regions where 
 27.37  no regional development commission is 
 27.38  functioning, joint powers boards 
 27.39  established under agreement of two or 
 27.40  more political subdivisions in the 
 27.41  region to exercise the planning 
 27.42  functions of a regional development 
 27.43  commission, and (3) in regions where no 
 27.44  regional development commission or 
 27.45  joint powers board is functioning, the 
 27.46  department's district office for that 
 27.47  region. 
 27.48  $216,000 the first year and $216,000 
 27.49  the second year are available for 
 27.50  grants to metropolitan planning 
 27.51  organizations outside the seven-county 
 27.52  metropolitan area. 
 27.53  $75,000 the first year and $25,000 the 
 27.54  second year are for transportation 
 27.55  planning relating to the 2000 census.  
 27.56  This appropriation may not be added to 
 27.57  the agency's budget base. 
 27.58  $75,000 the first year and $75,000 the 
 27.59  second year are for a transportation 
 28.1   research contingent account to finance 
 28.2   research projects that are reimbursable 
 28.3   from the federal government or from 
 28.4   other sources.  If the appropriation 
 28.5   for either year is insufficient, the 
 28.6   appropriation for the other year is 
 28.7   available for it. 
 28.8   (d) Central Engineering Services
 28.9       68,563,000     70,940,000
 28.10  (e) Design and Construction Engineering
 28.11      80,592,000     83,246,000
 28.12  $1,000,000 the first year and $500,000 
 28.13  the second year are for transportation 
 28.14  planning relating to the 2000 census.  
 28.15  This appropriation may not be added to 
 28.16  the agency's budget base. 
 28.17  (f) State Road Operations
 28.18     214,703,000    216,561,000
 28.19  $1,000,000 each year are for 
 28.20  enhancements to the freeway operations 
 28.21  program in the metropolitan area. 
 28.22  $1,000,000 the first year and 
 28.23  $1,000,000 the second year are for 
 28.24  maintenance services including rest 
 28.25  area maintenance, vehicle insurance, 
 28.26  ditch assessments, and tort claims. 
 28.27  $3,000,000 the first year and 
 28.28  $1,000,000 the second year are for 
 28.29  improved highway striping. 
 28.30  $500,000 the first year and $500,000 
 28.31  the second year are for safety 
 28.32  technology applications. 
 28.33  $150,000 the first year and $150,000 
 28.34  the second year are for statewide asset 
 28.35  preservation and repair. 
 28.36  $750,000 the first year and $750,000 
 28.37  the second year are for the 
 28.38  implementation of the transportation 
 28.39  worker concept. 
 28.40  The commissioner shall establish a task 
 28.41  force to study seasonal road 
 28.42  restrictions and report to the 
 28.43  legislature its findings and any 
 28.44  recommendations for legislative 
 28.45  action.  The commissioner shall appoint 
 28.46  members representing: 
 28.47  (1) aggregate and ready-mix producers; 
 28.48  (2) solid waste haulers; 
 28.49  (3) liquid waste haulers; 
 28.50  (4) the logging industry; 
 28.51  (5) the construction industry; and 
 29.1   (6) agricultural interests. 
 29.2   The task force shall report to the 
 29.3   legislature by February 1, 2000, on its 
 29.4   findings and recommendations. 
 29.5   (g) Electronic Communications
 29.6        5,684,000      5,543,000
 29.7                 Summary by Fund
 29.8   General                  59,000         9,000
 29.9   Trunk Highway         5,625,000     5,534,000
 29.10  $9,000 the first year and $9,000 the 
 29.11  second year are from the general fund 
 29.12  for equipment and operation of the 
 29.13  Roosevelt signal tower for Lake of the 
 29.14  Woods weather broadcasting. 
 29.15  $50,000 the first year from the general 
 29.16  fund is for purchase of equipment for 
 29.17  the 800 MHz public safety radio system. 
 29.18  $200,000 the first year is from the 
 29.19  trunk highway fund for costs resulting 
 29.20  from the termination of agreements made 
 29.21  under article 2, sections 31 and 89, 
 29.22  and Minnesota Statutes, section 174.70, 
 29.23  subdivision 2. This appropriation does 
 29.24  not cancel but is available until spent.
 29.25  In each year of the biennium the 
 29.26  commissioner shall request the 
 29.27  commissioner of administration to 
 29.28  request bids for the purchase of 
 29.29  digital mobile and portable radios to 
 29.30  be used on the metropolitan regional 
 29.31  public safety radio communications 
 29.32  system. 
 29.33     Sec. 29.  [TRANSFERRING CARRIER REGULATORY 
 29.34  RESPONSIBILITIES.] 
 29.35     (a) Responsibilities, as defined in Minnesota Statutes, 
 29.36  section 15.039, subdivision 1, held by the transportation 
 29.37  regulation board including, but not limited to, responsibilities 
 29.38  relating to administration, regulation, recordkeeping, operating 
 29.39  authority, permitting, rate making, rulemaking, and enforcement 
 29.40  of transportation laws, rules, and regulations relating to motor 
 29.41  carriers and common carriers by rail under Minnesota Statutes, 
 29.42  chapters 218, 219, 221, and 222, are transferred to the 
 29.43  commissioner of the Minnesota department of transportation under 
 29.44  Minnesota Statutes, section 15.039. 
 29.45     (b) The legislative and quasi-judicial functions and powers 
 29.46  conferred on the board under Minnesota Statutes, chapter 174A, 
 30.1   are also transferred to the commissioner.  
 30.2      (c) The position of transportation regulation board member 
 30.3   and the transportation regulation board as previously 
 30.4   constituted are abolished.  
 30.5      Sec. 30.  [INSTRUCTIONS TO REVISOR.] 
 30.6      (a) Except when used in the phrases to be changed by the 
 30.7   revisor under paragraph (b), the revisor of statutes is directed 
 30.8   to change the word "board" or "board's," or similar term or 
 30.9   phrase, when it refers to the transportation regulation board, 
 30.10  to the term "commissioner," "commissioner's," or "commissioner 
 30.11  of transportation," as appropriate, where it appears in: 
 30.12     (1) Minnesota Statutes, sections 174A.02, subdivision 3; 
 30.13  221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 
 30.14  6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 
 30.15  subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 
 30.16  221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 
 30.17  subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 
 30.18  221.55; and 
 30.19     (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 
 30.20     (b) The revisor of statutes is directed to change the 
 30.21  phrases "board or commissioner," "commissioner or board," "board 
 30.22  or the commissioner," "commissioner or the board," "commissioner 
 30.23  and the board," "commissioner and board," "board and the 
 30.24  commissioner," "board and commissioner," "department and board," 
 30.25  "board or department," and "board and the department," when the 
 30.26  word "board" refers to the transportation regulation board, to 
 30.27  the term "commissioner," or "commissioner of transportation," as 
 30.28  appropriate, where it appears in: 
 30.29     (1) Minnesota Statutes, sections 221.011, subdivision 15; 
 30.30  221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 
 30.31  subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 
 30.32  and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 
 30.33  221.295; 221.296, subdivisions 3 and 4; and 221.68; and 
 30.34     (2) Minnesota Rules, chapter 8850. 
 30.35     (c) Except when amended accordingly in sections 1 to 29, 
 30.36  the revisor of statutes is directed to change the words 
 31.1   "transportation regulation board" to "commissioner of 
 31.2   transportation" wherever they appear in Minnesota Statutes and 
 31.3   Minnesota Rules. 
 31.4      (d) In Minnesota Statutes, the revisor of statutes shall 
 31.5   renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 
 31.6   174A.06 as 174.66. 
 31.7      (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 
 31.8   of statutes shall change the term "commission" to "commissioner 
 31.9   of transportation" or "commissioner," as appropriate. 
 31.10     (f) The revisor of statutes shall make other changes in 
 31.11  chapter titles; section, subdivision, part, and subpart 
 31.12  headnotes; and in other terminology necessary as a result of 
 31.13  this act. 
 31.14     Sec. 31.  [REPEALER.] 
 31.15     Minnesota Statutes 1998, sections 174A.01; 174A.02, 
 31.16  subdivision 5; 174A.03; 174A.05; 218.021; 218.025; 218.031, 
 31.17  subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 
 31.18  subdivisions 1, 2, 7, and 8; 219.558; 219.559; 219.56; 219.681; 
 31.19  219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 
 31.20  219.743; 219.751; 219.755; 219.85; 219.97; 222.631; 222.632; and 
 31.21  222.633, are repealed.  
 31.22     Sec. 32.  [EFFECTIVE DATE.] 
 31.23     Sections 3 and 6 are effective the day following final 
 31.24  enactment.  Sections 12; 13; 28; and 31 are effective July 1, 
 31.25  2000.