as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state agencies; codifying reorganization 1.3 orders relating to the department of administration, 1.4 the office of environmental assistance, the public 1.5 service department, the state archaeologist, and the 1.6 transportation regulation board; amending Minnesota 1.7 Statutes 1996, sections 15A.081, subdivision 1; 1.8 16B.42; 115D.08; 138.31, by adding a subdivision; 1.9 138.35; 174.02, subdivisions 4 and 5; 174.10, 1.10 subdivisions 1, 3, and 4; 174A.02, subdivisions 1, 2, 1.11 and 4; 174A.04; 174A.06; 216C.41, subdivision 2; 1.12 218.041, subdivisions 6 and 7; 219.074, subdivisions 1 1.13 and 2; 219.402; and 221.031, subdivision 1; repealing 1.14 Minnesota Statutes 1996, sections 174A.01; 174A.02, 1.15 subdivision 5; 174A.03; 174A.05; and 218.011, 1.16 subdivision 7; Minnesota Rules, part 8850.6900. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 ARTICLE 1 1.19 GENERAL 1.20 Section 1. Minnesota Statutes 1996, section 16B.42, is 1.21 amended to read: 1.22 16B.42 [INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY 1.23 COUNCIL.] 1.24 Subdivision 1. [COMPOSITION.] The commissioner of 1.25 administration shall appoint an intergovernmental information 1.26 systems advisory councilis, to serve at the pleasure of the 1.27 commissioner of administration, consisting of 25 members. 1.28 Fourteen members shall be appointed or elected officials of 1.29 local governments, seven shall be representatives of state 1.30 agencies, and four shall be selected from the community at 1.31 large. Further, the council shall be composed of (1) two 2.1 members from each of the following groups: counties outside of 2.2 the seven-county metropolitan area, cities of the second and 2.3 third class outside the metropolitan area, cities of the second 2.4 and third class within the metropolitan area, and cities of the 2.5 fourth class; (2) one member from each of the following groups: 2.6 the metropolitan council, an outstate regional body, counties 2.7 within the metropolitan area, cities of the first class, school 2.8 districts in the metropolitan area, and school districts outside 2.9 the metropolitan area, and public libraries; (3) one member each 2.10appointed byfrom the state departments of administration, 2.11 children, families, and learning, human services, revenue,and2.12economic security, the office of strategic and long-range2.13 planning, and the legislative auditor; (4) one member from the 2.14 office of the state auditor, appointed by the2.15auditor; and (5)the assistant commissioner of administration2.16for the information policy office; (6) one member appointed by2.17each of the following organizations: league of Minnesota2.18cities, association of Minnesota counties, Minnesota association2.19of township officers, and Minnesota association of school2.20administrators; and (7) one member of the house of2.21representatives appointed by the speaker and one member of the2.22senate appointed by the subcommittee on committees of the2.23committee on rules and administration. The legislative members2.24appointed under clause (7) are nonvoting members. The2.25commissioner of administration shall appoint members under2.26clauses (1) and (2)four members from the state community at 2.27 large. To the extent permitted by resources the commissioner 2.28 shall furnish staff and other assistance as requested by the 2.29 council. The terms, compensation, and removal ofthe appointed2.30 members of the advisory council are as provided in section 2.31 15.059, but the council does not expire until June 30, 1997. 2.32 Subd. 2. [DUTIES.] The council shall:assiststate and2.33local agenciesthe commissioner in developing and updating 2.34 intergovernmental information systems;facilitate participation2.35of users during the development of major revisions of2.36intergovernmental information systemsincluding data 3.1 definitions, format, and retention standards; recommend to the 3.2 commissioner policies and procedures governing the collection, 3.3 security, and confidentiality of data; review intergovernmental 3.4 information and computer systems involving intergovernmental 3.5 funding; encourage cooperative efforts amongstate andlocal 3.6 governments in developingintergovernmentalinformation systems;3.7present local government concerns to state government and state3.8government concerns to local government with respect to3.9intergovernmental information systems; develop and recommend3.10standards and policies for intergovernmental information systems3.11to the information policy officeto meet individual and 3.12 collective, operational, and external needs; bring about the 3.13 necessary degree of standardization consistent with local 3.14 prerogatives; yield fiscal and other information required by 3.15 state and federal laws and regulations in readily usable form; 3.16 foster the efficient use of available federal, state, local, and 3.17 private resources for the development ofintergovernmental3.18 systems; keepgovernment agencieslocal governments abreast of 3.19 the state of the art in information systems; and prepare 3.20 guidelines for intergovernmental systems; assist the3.21commissioner of administration in the development of cooperative3.22contracts for the purchase of information system equipment and3.23software; and assist the legislature by providing advice on3.24intergovernmental information systems issues. 3.25 Subd. 3. [OTHER DUTIES.] The intergovernmental 3.26 informations systems advisory council shall (1) recommend to the 3.27 commissioners of state departments, the legislative auditor, and 3.28 the state auditor a method for the expeditious gathering and 3.29 reporting of information and data between agencies and units of 3.30 local government in accordance with cooperatively developed 3.31 standards; (2) elect an executive committee, not to exceed seven 3.32 members from its membership; (3) develop an annual plan, to 3.33 include administration and evaluation of grants, in compliance 3.34 with applicable rules; and (4) provide technical information 3.35 systems assistance or guidance to local governments for 3.36 development, implementation, and modification of automated 4.1 systems, including formation of consortiums for those systems.;4.2(5) appoint committees and task forces, which may include4.3persons other than council members, to assist the council in4.4carrying out its duties; (6) select an executive director to4.5serve the council and may employ other employees it deems4.6necessary, all of whom are in the classified service of the4.7state civil service; (7) may contract for professional and other4.8similar services on terms it deems desirable; and (8) work with4.9the information policy office to ensure that information systems4.10developed by state agencies that impact local government will be4.11reviewed by the council.4.12 Subd. 4. [FUNDING.] Appropriations and other funds made 4.13 available to the council for staff, operational expenses, 4.14projects,and grantsare under the control of the council. The4.15council may contract with the department of administration for4.16staff services and administrative support. The council shall4.17reimburse the department for these services. The council may4.18request assistance from other state and local agencies in4.19carrying out its dutiesmust be administered through the 4.20 department of administration. Fees charged to local units of 4.21 government for the administrative costs of the council and 4.22 revenues derived from royalties, reimbursements, or other fees 4.23 from software programs, systems, or technical services arising 4.24 out of activities funded by current or prior state 4.25 appropriations must be credited to the general fund. The 4.26 unencumbered balance of an appropriation for grants in the first 4.27 year of a biennium does not cancel but is available for the 4.28 second year of the biennium. 4.29 Sec. 2. Minnesota Statutes 1996, section 115D.08, is 4.30 amended to read: 4.31 115D.08 [PROGRESS REPORTS.] 4.32 Subdivision 1. [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 4.33 (a) All persons required to prepare a toxic pollution prevention 4.34 plan under section 115D.07 shall submit an annual progress 4.35 report to thecommissioneremergency response commission that 4.36 may be drafted in a manner that does not disclose proprietary 5.1 information. Progress reports are due on October 1 of each year 5.2 to the commission.The first progress reports are due in5.31992.The commission shall provide copies of the progress 5.4 reports to the director and commissioner. 5.5 (b) At a minimum, each progress report must include: 5.6 (1) a summary of each objective established in the plan, 5.7 including the base year for any objective stated in numeric 5.8 terms, and the schedule for meeting each objective; 5.9 (2) a summary of progress made during the past year, if 5.10 any, toward meeting each objective established in the plan 5.11 including the quantity of each toxic pollutant eliminated or 5.12 reduced; 5.13 (3) a statement of the methods through which elimination or 5.14 reduction has been achieved; 5.15 (4) if necessary, an explanation of the reasons objectives 5.16 were not achieved during the previous year, including 5.17 identification of any technological, economic, or other 5.18 impediments the facility faced in its efforts to achieve its 5.19 objectives; and 5.20 (5) a certification, signed and dated by the facility 5.21 manager and an officer of the company under penalty of section 5.22 609.63, attesting that a plan meeting the requirements of 5.23 section 115D.07 has been prepared and also attesting to the 5.24 accuracy of the information in the progress report. 5.25 Subd. 2. [REVIEW OF PROGRESS REPORTS.] (a) The 5.26commissionercommission shall review all progress reports to 5.27 determine if they meet the requirements of subdivision 1. If 5.28 thecommissionercommission determines that a progress report 5.29 does not meet the requirements, thecommissionercommission 5.30 shall notify the facility in writing and shall identify specific 5.31 deficiencies and specify a reasonable time period of not less 5.32 than 90 days for the facility to modify the progress 5.33 report. The director shall review progress reports to determine 5.34 facilities that are in need of pollution prevention assistance. 5.35 (b) The commissioner, commission, and director shall be 5.36 given access to a facility plan required under section 115D.07 6.1 if thecommissionercommission determines that the progress 6.2 report for that facility does not meet the requirements of 6.3 subdivision 1. 6.4 (c) Twenty-five or more persons living within ten miles of 6.5 the facility may submit a petition to thecommissioner6.6 commission that identifies specific deficiencies in the progress 6.7 report and requests thecommissionercommission to review the 6.8 facility plan. Within 30 days after receipt of the petition, 6.9 thecommissionercommission shall respond in writing. If 6.10 thecommissionercommission agrees that the progress report does 6.11 not meet requirements of subdivision 1, the commissioner, 6.12 commission, and director shall be given access to the facility 6.13 plan. 6.14(c)(d) After reviewing the plan and the progress report 6.15 with any modifications submitted, thecommissionercommission 6.16 shall state in writing whether the progress report meets the 6.17 requirements of subdivision 1. If thecommissionercommission 6.18 determines that a modified progress report still does not meet 6.19 the requirements of subdivision 1, thecommissionercommission 6.20 shall schedule a public meeting. The meeting shall be held in 6.21 the county where the facility is located. The meeting is not 6.22 subject to the requirements of chapter 14. 6.23(d)(e) The facility shall be given the opportunity to 6.24 amend the progress report within a period of not less than 30 6.25 days after the public meeting. 6.26(e)(f) If thecommissionercommission determines that a 6.27 modified progress report still does not meet the requirements of 6.28 subdivision 1, action may be taken by the commissioner under 6.29 section 115.071 or the commission under chapter 299K to obtain 6.30 compliance with sections 115D.01 to 115D.12. 6.31 Sec. 3. Minnesota Statutes 1996, section 138.31, is 6.32 amended by adding a subdivision to read: 6.33 Subd. 14. "Qualified professional archaeologist" means an 6.34 archaeologist who meets the United States Secretary of the 6.35 Interior's professional qualification standards in Code of 6.36 Federal Regulations, title 36, part 61, appendix A, or 7.1 subsequent revisions. 7.2 Sec. 4. Minnesota Statutes 1996, section 138.35, is 7.3 amended to read: 7.4 138.35 [STATE ARCHAEOLOGIST.] 7.5 Subdivision 1. [APPOINTMENT.] The state archaeologist 7.6 shall be a qualified professional archaeologistwho meets the7.7United States Secretary of the Interior's professional7.8qualification standards in Code of Federal Regulations, title7.936, part 61, appendix A. The state archaeologist shall be paid7.10a salary in the range of salaries paid to comparable state7.11employees in the classified service. The state archaeologist7.12may not be employed by the Minnesota historical society. The7.13state archaeologist shall beappointed by theboardexecutive 7.14 council of the Minnesota historical society in consultation with 7.15 the Indian affairs councilfor a four-year term.to perform the 7.16 duties in sections 138.31 to 138.42. The position is in the 7.17 unclassified service in the executive branch and is subject to 7.18 chapter 43A but not chapter 179A. The compensation and terms 7.19 and conditions of employment are as provided by section 43A.18, 7.20 subdivision 3. The state archaeologist's salary shall be 7.21 established by the commissioner of employee relations within a 7.22 range established by the commissioner of employee relations. 7.23 Subd. 1a. [ADMINISTRATIVE SUPPORT; STAFF.] The 7.24 commissioner of administration shall provide the state 7.25 archaeologist with necessary administrative services. State 7.26 agencies shall provide the state archaeologist upon request with 7.27 advisory staff services on matters relating to the duties and 7.28 jurisdiction of the state archaeologist. The state 7.29 archaeologist shall hire staff and maintain offices as necessary 7.30 to perform the duties in sections 138.31 to 138.42. Staff shall 7.31 serve in the unclassified service and be governed by section 7.32 43A.18, subdivision 2. 7.33 Subd. 1b. [CONTRACTS; VOLUNTEERS; GRANTS AND GIFTS.] The 7.34 state archaeologist may contract with the federal government, 7.35 local governmental units, other states, the university and other 7.36 educational institutions, and private persons or organizations 8.1 as necessary in the performance of the duties in sections 138.31 8.2 to 138.42. Contracts made pursuant to this section for 8.3 professional services shall not be subject to chapter 16B, as it 8.4 relates to competitive bidding. The state archaeologist may 8.5 recruit, train, and accept, without regard to personnel laws or 8.6 rules, the services of individuals as volunteers for or in aid 8.7 of performance of duties, and may provide for the incidental 8.8 expenses of volunteers, such as transportation, lodging, and 8.9 subsistence. The state archaeologist may apply for, receive, 8.10 and expend grants and gifts of money consistent with the powers 8.11 and duties in sections 138.31 to 138.42. Any money so received 8.12 is appropriated for the purpose for which it was granted. 8.13 Subd. 2. [DUTIES OF STATE ARCHAEOLOGIST.] The duties of 8.14 the state archaeologist shall include the following: 8.15 (a) to sponsor, engage in, and direct fundamental research 8.16 into the archaeology of this state and to encourage and 8.17 coordinate archaeological research and investigation undertaken 8.18 within the state.; 8.19 (b) to cooperate with other agencies of the state which may 8.20 have authority in areas where state sites are located, or which 8.21 may have the responsibility for marking state sites, or 8.22 arranging for their being viewed by the public.; 8.23 (c) to protect to the extent possible and to encourage the 8.24 preservation of archaeological sites located on privately owned 8.25 property.; 8.26 (d) to retrieve and protect objects of archaeological 8.27 significance discovered by field archaeology on state sites or 8.28 discovered during the course of any public construction or 8.29 demolition work,and, to the extent possible, those discovered 8.30 during the course of any other construction or demolition work.; 8.31 (e) to obtain for the state other objects of archaeological 8.32 significance, and data relating thereto.; 8.33 (f) to cooperate with the historical society, the 8.34 university, and other custodians to preserve objects of 8.35 archaeological significance, together with the data relating 8.36 thereto.; 9.1 (g) to disseminate archaeological facts through the 9.2 publication of reports of archaeological research conducted 9.3 within the state.; 9.4 (h) to approve licensing of qualifiedpersonsprofessional 9.5 archaeologists to engage in field archaeology on state sites, as 9.6 provided in section 138.36,; and 9.7 (i) to otherwise carry out and enforce sections 138.31 to 9.8 138.42. 9.9Subd. 3. [EMPLOYMENT OF PERSONNEL.] The state9.10archaeologist may employ personnel to assist in carrying out the9.11state archaeologist's duties and may spend state appropriations9.12to compensate such personnel.9.13 Sec. 5. Minnesota Statutes 1996, section 216C.41, 9.14 subdivision 2, is amended to read: 9.15 Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be 9.16 made according to this section to the owner or operator of a 9.17 qualified hydropower facility or qualified wind energy 9.18 conversion facility for electric energy generated and sold by 9.19 the facility. Payment may only be made upon receipt by the 9.20 commissioner offinancepublic service of an incentive payment 9.21 application that establishes that the applicant is eligible to 9.22 receive an incentive payment and that satisfies other 9.23 requirements the commissioner deems necessary. The application 9.24 shall be in a form and submitted at a time the commissioner 9.25 establishes. There is annually appropriated from the general 9.26 fund sums sufficient to make the payments required under this 9.27 section. 9.28 Sec. 6. [TRANSFER OF RESPONSIBILITIES.] 9.29 Subdivision 1. [INTERGOVERNMENTAL INFORMATION SYSTEMS 9.30 ADVISORY COUNCIL.] All responsibilities, as defined in Minnesota 9.31 Statutes, section 15.039, subdivision 1, held by the 9.32 intergovernmental information systems advisory council are 9.33 transferred to the commissioner of administration. 9.34 Subd. 2. [STATE ARCHAEOLOGIST.] All responsibilities, as 9.35 defined in Minnesota Statutes, section 15.039, subdivision 1, 9.36 held by the Minnesota state historical society for financial and 10.1 administrative support of the state archaeologist and duties of 10.2 personnel employed to assist the state archaeologist are 10.3 transferred to the commissioner of administration. 10.4 ARTICLE 2 10.5 TRANSPORTATION REGULATION BOARD 10.6 Section 1. Minnesota Statutes 1996, section 15A.081, 10.7 subdivision 1, is amended to read: 10.8 Subdivision 1. [SALARY RANGES.] The governor shall set the 10.9 salary rate within the ranges listed below for positions 10.10 specified in this subdivision, upon approval of the legislative 10.11 coordinating commission and the legislature as provided by 10.12 section 3.855: 10.13 Salary Range 10.14 $57,500-$78,500 10.15 Commissioner of finance; 10.16 Commissioner of children, families, and learning; 10.17 Commissioner of transportation; 10.18 Commissioner of human services; 10.19 Commissioner of revenue; 10.20 Commissioner of public safety; 10.21 Executive director, state board of investment; 10.22 $50,000-$67,500 10.23 Commissioner of administration; 10.24 Commissioner of agriculture; 10.25 Commissioner of commerce; 10.26 Commissioner of corrections; 10.27 Commissioner of economic security; 10.28 Commissioner of employee relations; 10.29 Commissioner of health; 10.30 Commissioner of labor and industry; 10.31 Commissioner of natural resources; 10.32 Commissioner of trade and economic development; 10.33 Chief administrative law judge; office of administrative 10.34 hearings; 10.35 Commissioner, pollution control agency; 10.36 Director, office of environmental assistance; 11.1 Commissioner, housing finance agency; 11.2 Executive director, public employees retirement 11.3 association; 11.4 Executive director, teacher's retirement association; 11.5 Executive director, state retirement system; 11.6 $42,500-$60,000 11.7 Commissioner of human rights; 11.8 Commissioner, department of public service; 11.9 Commissioner of veterans affairs; 11.10 Commissioner, bureau of mediation services; 11.11 Commissioner, public utilities commission; 11.12Member, transportation regulation board;11.13 Ombudsman for corrections; 11.14 Ombudsman for mental health and retardation. 11.15 Sec. 2. Minnesota Statutes 1996, section 174.02, 11.16 subdivision 4, is amended to read: 11.17 Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 11.18 The commissioner may appear as a party on behalf of the public 11.19 in any proceeding or matter before theinterstate commerce11.20commission, the civil aeronauticssurface transportation board 11.21 or any other agency or instrumentality of government which 11.22 regulates public services or rates relating to transportation or 11.23 other matters related to the powers and responsibilities of the 11.24 commissioner as prescribed by law. The commissioner shall 11.25 appear as a party on behalf of the public in proceedingsbefore11.26the transportation regulation boardas provided by law on 11.27 matters which directly relate to the powers and duties of the 11.28 commissioner or which substantially affect the statewide 11.29 transportation plan.On all other transportation matters the11.30commissioner may appear before the transportation regulation11.31board.11.32 Sec. 3. Minnesota Statutes 1996, section 174.02, 11.33 subdivision 5, is amended to read: 11.34 Subd. 5. [COOPERATION.] To facilitate the development of a 11.35 unified and coordinated intrastate and interstate transportation 11.36 system: 12.1 (a) The commissioner shall maintain close liaison, 12.2 coordination and cooperation with the private sectors of 12.3 transportation, the upper great lakes seaway development 12.4 commission corporation, and any multistate organization involved 12.5 in transportation issues affecting the state;. 12.6 (b) The commissioner shall participate in the planning, 12.7 regulation and development of the port authorities of the state;12.8and. 12.9 (c) The commissioner or the commissioner's designee shall 12.10 be a nonvoting, ex officiomember of the metropolitan airports 12.11 commission, as organized and established under sections 473.601 12.12 to 473.679. 12.13 (d) The commissioner shall cooperate with all federal 12.14 agencies for the purpose of harmonizing state and federal 12.15 regulations within the state to the extent and in the manner 12.16 deemed advisable. [174A.02, subd 5, para (a)] 12.17 (e) The commissioner may conduct joint hearings with any 12.18 federal agency within or without the state and to the extent 12.19 allowed under federal law or regulation, may approve and 12.20 establish freight rates and charges that depart from the 12.21 distance principle required by any state law. [174A.02, subd 5, 12.22 para (b)] 12.23 (f) The commissioner may nominate members to any joint 12.24 board as provided by federal acts. [174A.02, subd 5, para (c)] 12.25 Sec. 4. Minnesota Statutes 1996, section 174.10, 12.26 subdivision 1, is amended to read: 12.27 Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The 12.28 commissioner in any contested casebefore the transportation12.29regulation boardthat involves a motor carrier or common carrier 12.30 by rail as a party shall give reasonable notice to 12.31 representatives of associations or other interested groups or 12.32 persons who have registered their names with theboard12.33 commissioner for that purpose, to all parties and to cities and 12.34 municipalities which theboardcommissioner deems to be 12.35 interested in the proceeding. The commissioner may prescribe an 12.36 annual fee to be credited to the general fund, which fee shall 13.1 be a charge to all registered groups or persons. This charge is 13.2 to cover the out-of-pocket costs involved in giving such notice. 13.3 Sec. 5. Minnesota Statutes 1996, section 174.10, 13.4 subdivision 3, is amended to read: 13.5 Subd. 3. [PROSECUTION.] In proceedingswhichthat involve 13.6 ahearing before the transportation regulation boardmotor 13.7 carrier or common carrier by rail as a party, the matter shall 13.8 beinvestigated and prosecuted before the boardheard by the 13.9 commissioner of transportation representing the interests of the 13.10 people of this state. 13.11 Sec. 6. Minnesota Statutes 1996, section 174.10, 13.12 subdivision 4, is amended to read: 13.13 Subd. 4. [WHEN BOARD LACKSLACK OF JURISDICTION.] If, in 13.14 any proceedingbefore the transportation regulation board13.15 relating to or involving the reasonableness of rates, fares, 13.16 charges, or classifications, theboardcommissioner decides that 13.17itthe department does not have jurisdiction because the traffic 13.18 covered by the rates, fares, charges, or classifications is 13.19 interstate commerce, thetransportation regulation13.20boardcommissioner shall issue an order dismissing the 13.21 proceeding and stating the ground of the dismissal, which. The 13.22 order may be appealed from in like manner as other appealable 13.23 orders. 13.24 Sec. 7. Minnesota Statutes 1996, section 174A.02, 13.25 subdivision 1, is amended to read: 13.26 Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] The 13.27 functions of thetransportation regulation board shall be13.28 commissioner of transportation, related to motor carriers and 13.29 common carriers by rail, are legislative and quasi-judicial in 13.30 nature.ItThe commissioner may makesuchinvestigations and 13.31 determinations, holdsuchhearings, prescribesuchrules, and 13.32 issuesuchorders with respect to the control and conduct of the 13.33 carrier businesses coming within its jurisdiction as the 13.34 legislature itself might make but only as it shall from time to 13.35 time authorize. 13.36 Sec. 8. Minnesota Statutes 1996, section 174A.02, 14.1 subdivision 2, is amended to read: 14.2 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] To the extent 14.3 allowed under federal law or regulation, theboardcommissioner 14.4 shall further hold hearings and issue orders in cases 14.5 broughtbefore it by either the commissioneron the 14.6 commissioner's own motion or by a third party in the following 14.7 areas: 14.8 (a) Adequacy of services which carriers are providing to 14.9 the public, including the continuation, termination or 14.10 modification of services and facilities. 14.11 (b) The reasonableness of tariffs of rates, fares, and 14.12 charges, or a part or classification thereof. Theboard14.13 commissioner may authorize common carriers by rail and 14.14 motorcarriercarriers for hire to file tariffs of rates, fares, 14.15 and charges individually or by group. Carriers participating in 14.16 group rate making have the free and unrestrained right to take 14.17 independent action either before or after a determination 14.18 arrived at through such procedure. 14.19 (c) The issuing of franchises, permits, or certificates of 14.20 convenience and necessity. 14.21 Sec. 9. Minnesota Statutes 1996, section 174A.02, 14.22 subdivision 4, is amended to read: 14.23 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 14.24 withinitsthe commissioner's jurisdiction, theboard14.25 commissioner shall receive, hear and determine all petitions 14.26 filed with it in accordance with the procedures established by 14.27 law and may hold hearings and make determinations uponitsthe 14.28 commissioner's own motion to the same extent, and in every 14.29 instance, in whichitthe commissioner may do so upon petition. 14.30 Upon receiving petitions filed pursuant to sections 221.061, 14.31 221.081, 221.121, subdivision 1, 221.151,221.296,and 221.55, 14.32 theboardcommissioner shall give notice of the filing of the 14.33 petition to representatives of associations or other interested 14.34 groups or persons who have registered their names with theboard14.35 commissioner for that purpose and to whomever theboard14.36 commissioner deems to be interested in the petition. Theboard15.1 commissioner may grant or deny the request of the petition 30 15.2 days after notice of the filing has been fully given. If 15.3 theboardcommissioner receives a written objection and notice 15.4 of intent to appear at a hearing to object to the petition from 15.5 any person within 20 days of the notice having been fully given, 15.6 the request of the petition shall be granted or denied only 15.7 after a contested case hearing has been conducted on the 15.8 petition, unless the objection is withdrawn prior to the 15.9 hearing. Theboardcommissioner may elect to hold a contested 15.10 case hearing if no objections to the petition are received. If 15.11 a timely objection is not received, or if received and 15.12 withdrawn, and the request of the petition is denied without 15.13 hearing, the petitioner may request within 30 days of receiving 15.14 the notice of denial, and shall be granted, a contested case 15.15 hearing on the petition. 15.16 Sec. 10. Minnesota Statutes 1996, section 174A.04, is 15.17 amended to read: 15.18 174A.04 [HEARINGS AND APPEALS.] 15.19 Subdivision 1. [HEARINGS.] All hearings related to common 15.20 carriers by rail or motor carriers and required to be conducted 15.21 by the commissioner of transportationregulation boardshall be 15.22 conducted pursuant to sections 14.001 to 14.69. 15.23 Subd. 2. [APPEALS.] An appeal from an order of the 15.24 commissioner shall be in accordance with chapter 14. 15.25 Sec. 11. Minnesota Statutes 1996, section 174A.06, is 15.26 amended to read: 15.27 174A.06 [CONTINUATION OF RULES.] 15.28 Orders and directivesheretoforein force, issued, or 15.29 promulgatedby the public service commission, public utilities15.30commission, or the department of transportationunder authority 15.31 of chapters 174A, 216A, 218, 219,and221, and 222 remain and 15.32 continue in force and effect until repealed, modified, or 15.33 superseded by duly authorized orders or directives of 15.34 the commissioner of transportationregulation board. To the 15.35 extent allowed under federal law or regulation, rules adoptedby15.36the public service commission, public utilities commission or16.1the department of transportationunder authority of the 16.2 following sections are transferred to the commissioner of 16.3 transportationregulation boardand continue in force and effect 16.4 until repealed, modified, or superseded by duly authorized rules 16.5 of thetransportation regulation boardcommissioner: 16.6 (1) section 218.041 except rules related to the form and 16.7 manner of filing railroad rates, railroad accounting rules, and 16.8 safety rules; 16.9 (2) section 219.40; 16.10 (3) rules relating to rates or tariffs, or the granting, 16.11 limiting, or modifying of permits or certificates of convenience 16.12 and necessity under section 221.031, subdivision 1; 16.13 (4) rules relating to the sale, assignment, pledge, or 16.14 other transfer of a stock interest in a corporation holding 16.15 authority to operate as a permit carrier as prescribed in 16.16 section 221.151, subdivision 1, or a local cartage carrier under16.17section 221.296, subdivision 8; 16.18 (5) rules relating to rates, charges, and practices under 16.19 section 221.161, subdivision 4; and 16.20 (6) rules relating to rates, tariffs, or the granting, 16.21 limiting, or modifying of permits under sections 221.121,and 16.22 221.151, and 221.296or certificates of convenience and 16.23 necessity under section 221.071. 16.24 Theboardcommissioner shall review the transferred rules, 16.25 orders, and directives and, when appropriate, develop and adopt 16.26 new rules, orders, or directiveswithin 18 months of July 1,16.271985by December 31, 1998. 16.28 Sec. 12. Minnesota Statutes 1996, section 218.041, 16.29 subdivision 6, is amended to read: 16.30 Subd. 6. [COMMISSIONER'S INVESTIGATORY POWERS.] The 16.31 commissioner may: 16.32 (1) subpoena books, papers or accounts kept by any 16.33 regulated business within or without the state, or compel 16.34 production of verified copies; 16.35 (2) prepare all forms or blanks for the purpose of 16.36 obtaining information which the commissioner may deem necessary 17.1 or useful for the proper exercise of the authority and duties of 17.2 the commissioneror the boardin connection with regulated 17.3 businesses, and prescribe the time and manner within which the 17.4 blanks and forms shall be completed and filed; 17.5 (3) inspect, at all reasonable times, and copy the books, 17.6 records, memoranda, correspondence or other documents and 17.7 records of any business under the commissioner's jurisdiction; 17.8 (4) examine, under oath, any officer, agent or employee of 17.9 a business under the commissioner's jurisdiction concerning its 17.10 business and affairs; and 17.11 (5) prescribe rules, duly promulgated in accordance with 17.12 chapter 14, relating to rates, care in handling and other 17.13 livestock transportation matters. 17.14 Sec. 13. Minnesota Statutes 1996, section 218.041, 17.15 subdivision 7, is amended to read: 17.16 Subd. 7. [BOARD'SCOMMISSIONER'S RATE-MAKING POWERS.] To 17.17 the extent allowed under federal law or regulation, theboard17.18 commissioner mayupon itsat the commissioner's discretion and 17.19 without hearing: 17.20 (1) upon application by a carrier stating that it desires 17.21 to establish a rate for a temporary period for the protection of 17.22 the interest of thecarrierscarrier or its shippers, authorize 17.23 and establish the temporary rate, and extend the rate as the 17.24 circumstances of the case may require, and permit the 17.25 restoration of the rate existing at the time of the application 17.26 without further proceedings.; 17.27 (2) approve the establishment, change, or alteration of any 17.28 rate, charge or classification, minimum rate, or rule governing 17.29 the same, to which a common carrier is a party, upon application 17.30 of the common carrier in writing, when the application appears 17.31 to be noncontroversial.; 17.32 (3) authorize, on less than ten days' public notice, 17.33 schedules containing classifications, rates, fares and charges 17.34 for the transportation of freight and passengers.; and 17.35 (4) retain general ratemaking authority in intrastate 17.36 transportation of livestock. 18.1 Sec. 14. Minnesota Statutes 1996, section 219.074, 18.2 subdivision 1, is amended to read: 18.3 Subdivision 1. [AGREEMENTS; HEARING.] Public officials 18.4 having the necessary authority and a railway company operating 18.5 the railroad may agree to the vacation, relocation, 18.6 consolidation, or separation of grades at grade crossings. If 18.7 agreement cannot be reached concerning the location, manner of 18.8 construction, or a reasonable division of expense, either party 18.9 may file a petition with theboardcommissioner, setting forth 18.10 the facts and submitting the matter to it for determination. 18.11 Theboardcommissioner shall then conduct a hearing under 18.12 chapter 14 and shall apply the rules developed under section 18.13 219.073 in coming to a determination. The commissioner may also 18.14bringdetermine matters concerning vacation, relocation, 18.15 consolidation, or separation of grades at public grade crossings 18.16to the board for determination. If theboardcommissioner 18.17 determines that the vacation, relocation, consolidation, or 18.18 separation is consistent with the standards adopted under 18.19 section 219.073, theboardcommissioner may order the crossing 18.20 vacated, relocated, consolidated, or separated. 18.21 Sec. 15. Minnesota Statutes 1996, section 219.074, 18.22 subdivision 2, is amended to read: 18.23 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 18.24 1992, and on or before July 1 of each of the next four years, 18.25 and as necessary afterward, the commissioner shallpropose to18.26the boarddevelop a list of grade crossings proposed to be 18.27 vacated. The list must be developed by applying the standards 18.28 set forth in the rules adopted under section 219.073. Grade 18.29 crossings that are part of an abandonment, closing, or removal 18.30 under section 219.741 may not be included in the list. The 18.31boardcommissioner shall notify the public officials having the 18.32 necessary authority and the railway companies operating the 18.33 railroads of the proposed vacations. Either affected party may 18.34 request a hearing. If requested, theboardcommissioner shall 18.35 hold a contested case hearing applying in its determination the 18.36 rules developed under section 219.073. If after the hearing the 19.1boardcommissioner determines that the vacation is consistent 19.2 with the standards adopted under section 219.073, it may order 19.3 the crossing vacated. If a request for a hearing on a 19.4 particular crossing is not received within 30 days of the 19.5 publication in the State Register, theboardcommissioner shall 19.6 order the crossing vacated. 19.7 Sec. 16. Minnesota Statutes 1996, section 219.402, is 19.8 amended to read: 19.9 219.402 [ADEQUATE CROSSING PROTECTION.] 19.10 Crossing warning devices or improvements installed or 19.11 maintained under this chapter as approved by theboard or the19.12 commissioner or any predecessor, whether by order or otherwise, 19.13 are adequate and appropriate warning for the crossing. 19.14 Sec. 17. Minnesota Statutes 1996, section 221.031, 19.15 subdivision 1, is amended to read: 19.16 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 19.17 This subdivision applies to motor carriers engaged in intrastate 19.18 commerce. 19.19 (b) The commissioner shall prescribe rules for the 19.20 operation of motor carriers, including their facilities; 19.21 accounts; leasing of vehicles and drivers; service; safe 19.22 operation of vehicles; equipment, parts, and accessories; hours 19.23 of service of drivers; driver qualifications; accident 19.24 reporting; identification of vehicles; installation of safety 19.25 devices; inspection, repair, and maintenance; and proper 19.26 automatic speed regulators if, in the opinion of the 19.27 commissioner, there is a need for the rules. 19.28 (c) The commissioner shall direct the repair and 19.29 reconstruction or replacement of an inadequate or unsafe motor 19.30 carrier vehicle or facility. The commissioner may require the 19.31 construction and maintenance or furnishing of suitable and 19.32 proper freight terminals, passenger depots, waiting rooms, and 19.33 accommodations or shelters in a city in this state or at a point 19.34 on the highway traversed which the commissioner, after 19.35 investigation by the department, may deem just and proper for 19.36 the protection of passengers or property. 20.1 (d) The commissioner shall require holders of household 20.2 goods mover permits, charter carrier permits, and regular route 20.3 passenger carrier certificates to file annual and other reports 20.4 including annual accounts of motor carriers, schedules of rates 20.5 and charges, or other data by motor carriers, regulate motor 20.6 carriers in matters affecting the relationship between them and 20.7 the traveling and shipping public, and prescribe other rules as 20.8 may be necessary to carry out the provisions of this chapter. 20.9 (e) A motor carrier subject to paragraph (d) but having 20.10 gross revenues from for-hire transportation in a calendar year 20.11 of less than $200,000 may, at the discretion of the 20.12 commissioner, be exempted from the filing of an annual report, 20.13 if instead the motor carrier files an abbreviated annual report, 20.14 in a form as may be prescribed by the commissioner, attesting 20.15 that the motor carrier's gross revenues did not exceed $200,000 20.16 in the previous calendar year. Motor carrier gross revenues 20.17 from for-hire transportation, for the purposes of this 20.18 subdivision only, do not include gross revenues received from 20.19 the operation of school buses as defined in section 169.01, 20.20 subdivision 6. 20.21 (f) The commissioner shall enforce sections 169.781 to 20.22 169.783. 20.23 (g) The commissionershall make nomay adopt rules relating 20.24 to the granting, limiting, or modifying of permits or 20.25 certificates of convenience and necessity, which are powers20.26granted to the board. 20.27 (h) Theboardcommissioner may extend the termini of a 20.28 route or alter or change the route of a regular route common 20.29 carrier upon petition and after finding that public convenience 20.30 and necessity require an extension, alteration, or change. 20.31 Sec. 18. [TRANSFERRING CARRIER REGULATORY 20.32 RESPONSIBILITIES.] 20.33 Subdivision 1. [RESPONSIBILITIES TRANSFERRED; BOARD 20.34 ABOLISHED.] (a) All responsibilities, as defined in Minnesota 20.35 Statutes, section 15.039, subdivision 1, held by the 20.36 transportation regulation board including, but not limited to, 21.1 responsibilities relating to administration, regulation, record 21.2 keeping, operating authority, permitting, rate making, 21.3 rulemaking, and enforcement of transportation laws, rules, and 21.4 regulations relating to motor carriers and common carriers by 21.5 rail under Minnesota Statutes, chapters 218, 219, 221, and 222, 21.6 are transferred to the commissioner of the Minnesota department 21.7 of transportation. 21.8 (b) All legislative and quasi-judicial functions and powers 21.9 conferred on the board under Minnesota Statutes, chapter 174A, 21.10 are also transferred to the commissioner. 21.11 (c) The position of transportation regulation board member 21.12 and the transportation regulation board as previously 21.13 constituted are abolished. 21.14 Subd. 2. [RULES.] Rules adopted under the responsibilities 21.15 transferred to the commissioner of transportation remain 21.16 effective and must be enforced until amended or repealed in 21.17 accordance with law by the commissioner of transportation. The 21.18 rulemaking authority for the board under Minnesota Statutes, 21.19 chapters 174A, 218, 219, 221, and 222, is transferred to the 21.20 commissioner. 21.21 Subd. 3. [COURT ACTIONS.] A proceeding, court action, 21.22 prosecution, or other business or matter pending on the 21.23 effective date of the transfer may be conducted and completed by 21.24 the commissioner of transportation in the same manner, under the 21.25 same terms and conditions, and with the same effect as though it 21.26 involved or was begun and conducted or completed by the 21.27 transportation regulation board before the transfer. 21.28 Subd. 4. [CONTRACTS; RECORDS.] The transportation 21.29 regulation board shall give the accounts, contracts, books, 21.30 maps, plans, papers, records, documents, supplies, equipment, 21.31 and property of every description relating to the transferred 21.32 responsibilities and within its jurisdiction or control to the 21.33 department of transportation. 21.34 Subd. 5. [OBLIGATIONS.] The commissioner of transportation 21.35 is the legal successor of the transportation regulation board 21.36 for the responsibilities transferred. The bonds, resolutions, 22.1 contracts, and liabilities of the transportation regulation 22.2 board relating to the responsibilities transferred become the 22.3 bonds, resolutions, contracts, and liabilities of the 22.4 commissioner of transportation. 22.5 Subd. 6. [FINANCIAL CONSIDERATIONS.] The commissioner of 22.6 finance shall make the necessary financial determinations in 22.7 accordance with Minnesota Statutes, section 16B.37, subdivision 22.8 3. 22.9 Subd. 7. [PERSONNEL.] The following three positions and 22.10 their incumbents, with all accrued benefits, are transferred 22.11 from the board to the department: transportation regulation 22.12 board specialist (position number 233480); transportation 22.13 regulation board representative (position number 221680); and 22.14 executive 2 (position number 221330). The incumbents shall 22.15 transfer to the department without reduction of benefits or 22.16 salary. The approved complement of the department is increased 22.17 by three positions. 22.18 Sec. 19. [INSTRUCTIONS TO REVISOR.] 22.19 Subdivision 1. Except when used in the phrases to be 22.20 changed by the revisor under subdivision 2, the revisor of 22.21 statutes is directed to change the word "board" or "board's," or 22.22 similar term or phrase, when it refers to the transportation 22.23 regulation board, to the term "commissioner," "commissioner's," 22.24 or "commissioner of transportation," as appropriate, where it 22.25 appears in: 22.26 (1) Minnesota Statutes, sections 174A.02, subdivision 3; 22.27 218.021, subdivision 1; 218.025; 218.031, subdivisions 1 and 8; 22.28 218.041, subdivisions 1, 2, 4, 5, and 7; 219.074, subdivisions 1 22.29 and 2; 219.14; 219.23; 219.24; 219.383, subdivisions 1 and 2; 22.30 219.39; 219.40; 219.41; 219.42; 219.46, subdivision 7; 219.47, 22.31 subdivision 1; 219.52; 219.54; 219.55; 219.562, subdivision 3; 22.32 219.681; 219.70; 219.71; 219.741; 219.85; 219.98; 221.025; 22.33 221.031, subdivision 1; 221.041, subdivisions 1, 2, and 3; 22.34 221.051; 221.061; 221.071, subdivision 1; 221.081; 221.101; 22.35 221.121, subdivisions 1, 2, 3, 4, 5, 6, 6a, and 6b; 221.122, 22.36 subdivisions 1 and 3; 221.123; 221.124; 221.151; 221.161, 23.1 subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 23.2 221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 23.3 subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; 23.4 221.55; 222.632; and 222.633; and 23.5 (2) Minnesota Rules, chapters 8855; 8900; 8910; and 8920. 23.6 Subd. 2. The revisor of statutes is directed to change the 23.7 phrases "board or commissioner," "commissioner or board," "board 23.8 or the commissioner," "commissioner or the board," "commissioner 23.9 and the board," "commissioner and board," "board and the 23.10 commissioner," "board and commissioner," "department and board," 23.11 "board or department," and "board and the department," when the 23.12 word "board" refers to the transportation regulation board, to 23.13 the term "commissioner," or "commissioner of transportation," as 23.14 appropriate, where it appears in: 23.15 (1) Minnesota Statutes, sections 218.031, subdivisions 1, 23.16 6, 8, and 10; 218.041, subdivisions 5 and 6; 218.071, 23.17 subdivisions 1, 2, and 4; 219.402; 219.51, subdivisions 2 and 3; 23.18 221.011, subdivision 15; 221.021; 221.031, subdivision 5; 23.19 221.061; 221.081; 221.121, subdivisions 1 and 5; 221.122, 23.20 subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 23.21 and 3; 221.261; 221.271; 221.281; 221.291, subdivisions 1 and 3; 23.22 221.293; 221.295; 221.296, subdivisions 3 and 4; and 221.68; and 23.23 (2) Minnesota Rules, chapter 8850. 23.24 Subd. 3. Except when amended accordingly in sections 1 to 23.25 12, the revisor of statutes is directed to change the words 23.26 "transportation regulation board" to "commissioner of 23.27 transportation" wherever they appear in Minnesota Statutes and 23.28 Minnesota Rules. 23.29 Subd. 4. In Minnesota Statutes, the revisor of statutes 23.30 shall renumber sections 174A.02 as 174.64; 174A.04 as 174.65; 23.31 and 174A.06 as 174.66. 23.32 Subd. 5. In Minnesota Rules, chapters 7800 and 8830, the 23.33 revisor of statutes shall change the term "commission" to 23.34 "commissioner of transportation" or "commissioner," as 23.35 appropriate. 23.36 Subd. 6. The revisor of statutes shall make other changes 24.1 in chapter titles; section, subdivision, part, and subpart 24.2 headnotes; and in other terminology necessary as a result of the 24.3 enactment of sections 1 to 18. 24.4 Sec. 20. [REPEALER.] 24.5 Minnesota Statutes 1996, sections 174A.01; 174A.02, 24.6 subdivision 5; 174A.03; 174A.05; and 218.011, subdivision 7, are 24.7 repealed. Minnesota Rules, part 8850.6900, is repealed. 24.8 Sec. 21. [EFFECTIVE DATE.] 24.9 Sections 1 to 20 are effective retroactively to July 1, 24.10 1996.