SF 844

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 council is, 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 
  2.10  appointed by from the state departments of administration, 
  2.11  children, families, and learning, human services, revenue, and 
  2.12  economic security, the office of strategic and long-range 
  2.13  planning, and the legislative auditor; (4) one member from the 
  2.14  office of the state auditor, appointed by the 
  2.15  auditor; and (5) the assistant commissioner of administration 
  2.16  for the information policy office; (6) one member appointed by 
  2.17  each of the following organizations:  league of Minnesota 
  2.18  cities, association of Minnesota counties, Minnesota association 
  2.19  of township officers, and Minnesota association of school 
  2.20  administrators; and (7) one member of the house of 
  2.21  representatives appointed by the speaker and one member of the 
  2.22  senate appointed by the subcommittee on committees of the 
  2.23  committee on rules and administration.  The legislative members 
  2.24  appointed under clause (7) are nonvoting members.  The 
  2.25  commissioner of administration shall appoint members under 
  2.26  clauses (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 of the appointed 
  2.30  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: assist state and 
  2.33  local agencies the commissioner in developing and updating 
  2.34  intergovernmental information systems; facilitate participation 
  2.35  of users during the development of major revisions of 
  2.36  intergovernmental information systems including 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 among state and local 
  3.6   governments in developing intergovernmental information systems; 
  3.7   present local government concerns to state government and state 
  3.8   government concerns to local government with respect to 
  3.9   intergovernmental information systems; develop and recommend 
  3.10  standards and policies for intergovernmental information systems 
  3.11  to the information policy office to 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 of intergovernmental 
  3.18  systems; keep government agencies local governments abreast of 
  3.19  the state of the art in information systems; and prepare 
  3.20  guidelines for intergovernmental systems; assist the 
  3.21  commissioner of administration in the development of cooperative 
  3.22  contracts for the purchase of information system equipment and 
  3.23  software; and assist the legislature by providing advice on 
  3.24  intergovernmental 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 include 
  4.3   persons other than council members, to assist the council in 
  4.4   carrying out its duties; (6) select an executive director to 
  4.5   serve the council and may employ other employees it deems 
  4.6   necessary, all of whom are in the classified service of the 
  4.7   state civil service; (7) may contract for professional and other 
  4.8   similar services on terms it deems desirable; and (8) work with 
  4.9   the information policy office to ensure that information systems 
  4.10  developed by state agencies that impact local government will be 
  4.11  reviewed by the council. 
  4.12     Subd. 4.  [FUNDING.] Appropriations and other funds made 
  4.13  available to the council for staff, operational expenses, 
  4.14  projects, and grants are under the control of the council.  The 
  4.15  council may contract with the department of administration for 
  4.16  staff services and administrative support.  The council shall 
  4.17  reimburse the department for these services.  The council may 
  4.18  request assistance from other state and local agencies in 
  4.19  carrying out its duties must 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 the commissioner emergency 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 in 
  5.3   1992.  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 
  5.26  commissioner commission shall review all progress reports to 
  5.27  determine if they meet the requirements of subdivision 1.  If 
  5.28  the commissioner commission determines that a progress report 
  5.29  does not meet the requirements, the commissioner commission 
  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 the commissioner commission 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 the commissioner 
  6.6   commission that identifies specific deficiencies in the progress 
  6.7   report and requests the commissioner commission to review the 
  6.8   facility plan.  Within 30 days after receipt of the petition, 
  6.9   the commissioner commission shall respond in writing.  If 
  6.10  the commissioner commission 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, the commissioner commission 
  6.16  shall state in writing whether the progress report meets the 
  6.17  requirements of subdivision 1.  If the commissioner commission 
  6.18  determines that a modified progress report still does not meet 
  6.19  the requirements of subdivision 1, the commissioner commission 
  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 the commissioner commission 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 archaeologist who meets the 
  7.7   United States Secretary of the Interior's professional 
  7.8   qualification standards in Code of Federal Regulations, title 
  7.9   36, part 61, appendix A.  The state archaeologist shall be paid 
  7.10  a salary in the range of salaries paid to comparable state 
  7.11  employees in the classified service.  The state archaeologist 
  7.12  may not be employed by the Minnesota historical society.  The 
  7.13  state archaeologist shall be appointed by the board executive 
  7.14  council of the Minnesota historical society in consultation with 
  7.15  the Indian affairs council for 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 qualified persons professional 
  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. 
  9.9      Subd. 3.  [EMPLOYMENT OF PERSONNEL.] The state 
  9.10  archaeologist may employ personnel to assist in carrying out the 
  9.11  state archaeologist's duties and may spend state appropriations 
  9.12  to 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 of finance public 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; 
 11.12     Member, 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 the interstate commerce 
 11.20  commission, the civil aeronautics surface 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 proceedings before 
 11.26  the transportation regulation board as 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 the 
 11.30  commissioner may appear before the transportation regulation 
 11.31  board. 
 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; 
 12.8   and. 
 12.9      (c) The commissioner or the commissioner's designee shall 
 12.10  be a nonvoting, ex officio member 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 case before the transportation 
 12.29  regulation board that 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 the board 
 12.33  commissioner for that purpose, to all parties and to cities and 
 12.34  municipalities which the board commissioner 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 proceedings which that involve 
 13.6   a hearing before the transportation regulation board motor 
 13.7   carrier or common carrier by rail as a party, the matter shall 
 13.8   be investigated and prosecuted before the board heard 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 LACKS LACK OF JURISDICTION.] If, in 
 13.14  any proceeding before the transportation regulation board 
 13.15  relating to or involving the reasonableness of rates, fares, 
 13.16  charges, or classifications, the board commissioner decides that 
 13.17  it the department does not have jurisdiction because the traffic 
 13.18  covered by the rates, fares, charges, or classifications is 
 13.19  interstate commerce, the transportation regulation 
 13.20  board commissioner 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 the transportation regulation board shall be 
 13.28  commissioner of transportation, related to motor carriers and 
 13.29  common carriers by rail, are legislative and quasi-judicial in 
 13.30  nature.  It The commissioner may make such investigations and 
 13.31  determinations, hold such hearings, prescribe such rules, and 
 13.32  issue such orders 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, the board commissioner 
 14.4   shall further hold hearings and issue orders in cases 
 14.5   brought before it by either the commissioner on 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.  The board 
 14.13  commissioner may authorize common carriers by rail and 
 14.14  motor carrier carriers 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  within its the commissioner's jurisdiction, the board 
 14.25  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 upon its the 
 14.28  commissioner's own motion to the same extent, and in every 
 14.29  instance, in which it the 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  the board commissioner 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 the board 
 14.35  commissioner for that purpose and to whomever the board 
 14.36  commissioner deems to be interested in the petition.  The board 
 15.1   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   the board commissioner 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.  The board commissioner 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 transportation regulation board shall 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 directives heretofore in force, issued, or 
 15.29  promulgated by the public service commission, public utilities 
 15.30  commission, or the department of transportation under authority 
 15.31  of chapters 174A, 216A, 218, 219, and 221, 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 transportation regulation board.  To the 
 15.35  extent allowed under federal law or regulation, rules adopted by 
 15.36  the public service commission, public utilities commission or 
 16.1   the department of transportation under authority of the 
 16.2   following sections are transferred to the commissioner of 
 16.3   transportation regulation board and continue in force and effect 
 16.4   until repealed, modified, or superseded by duly authorized rules 
 16.5   of the transportation regulation board commissioner:  
 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 under 
 16.17  section 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 221.296 or certificates of convenience and 
 16.23  necessity under section 221.071.  
 16.24     The board commissioner shall review the transferred rules, 
 16.25  orders, and directives and, when appropriate, develop and adopt 
 16.26  new rules, orders, or directives within 18 months of July 1, 
 16.27  1985 by 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 commissioner or the board in 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'S COMMISSIONER'S RATE-MAKING POWERS.] To 
 17.17  the extent allowed under federal law or regulation, the board 
 17.18  commissioner may upon its at 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 the carriers carrier 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 the board commissioner, setting forth 
 18.10  the facts and submitting the matter to it for determination.  
 18.11  The board commissioner 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 
 18.14  bring determine matters concerning vacation, relocation, 
 18.15  consolidation, or separation of grades at public grade crossings 
 18.16  to the board for determination.  If the board commissioner 
 18.17  determines that the vacation, relocation, consolidation, or 
 18.18  separation is consistent with the standards adopted under 
 18.19  section 219.073, the board commissioner 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 shall propose to 
 18.26  the board develop 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 
 18.31  board commissioner 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, the board commissioner 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 
 19.1   board commissioner 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, the board commissioner 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 the board or the 
 19.12  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 commissioner shall make no may adopt rules relating 
 20.24  to the granting, limiting, or modifying of permits or 
 20.25  certificates of convenience and necessity, which are powers 
 20.26  granted to the board. 
 20.27     (h) The board commissioner 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.