SF 1329

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; abolishing transportation 
  1.3             regulation board and transferring regulatory 
  1.4             responsibilities for motor carriers and common 
  1.5             carriers by rail to department of transportation; 
  1.6             making technical changes; amending Minnesota Statutes 
  1.7             1994, sections 15A.081, subdivision 1; 174.02, 
  1.8             subdivisions 4, 5, and by adding subdivisions; 174.06, 
  1.9             by adding a subdivision; 174.10; 218.041, subdivision 
  1.10            6; and 219.074, subdivisions 1 and 2; proposing coding 
  1.11            for new law in Minnesota Statutes, chapter 174; 
  1.12            repealing Minnesota Statutes 1994, sections 174A.01; 
  1.13            174A.02; 174A.03; 174A.04; 174A.05; 174A.06; 218.011, 
  1.14            subdivision 7; and 218.041, subdivision 7; and 
  1.15            Minnesota Rules, part 8850.6900. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 15A.081, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [SALARY RANGES.] The governor shall set the 
  1.20  salary rate within the ranges listed below for positions 
  1.21  specified in this subdivision, upon approval of the legislative 
  1.22  commission on employee relations and the legislature as provided 
  1.23  by section 3.855: 
  1.24                            Salary Range 
  1.25  $57,500-$78,500 
  1.26     Commissioner of finance; 
  1.27     Commissioner of education; 
  1.28     Commissioner of transportation; 
  1.29     Commissioner of human services; 
  1.30     Commissioner of revenue; 
  2.1      Commissioner of public safety; 
  2.2      Executive director, state board of investment; 
  2.3   $50,000-$67,500 
  2.4      Commissioner of administration; 
  2.5      Commissioner of agriculture; 
  2.6      Commissioner of commerce; 
  2.7      Commissioner of corrections; 
  2.8      Commissioner of economic security; 
  2.9      Commissioner of employee relations; 
  2.10     Commissioner of health; 
  2.11     Commissioner of labor and industry; 
  2.12     Commissioner of natural resources; 
  2.13     Commissioner of trade and economic development; 
  2.14     Chief administrative law judge; office of administrative 
  2.15     hearings; 
  2.16     Commissioner, pollution control agency; 
  2.17     Director, office of waste management; 
  2.18     Commissioner, housing finance agency; 
  2.19     Executive director, public employees retirement 
  2.20     association; 
  2.21     Executive director, teacher's retirement association; 
  2.22     Executive director, state retirement system; 
  2.23  $42,500-$60,000 
  2.24     Commissioner of human rights; 
  2.25     Commissioner, department of public service; 
  2.26     Commissioner of veterans affairs; 
  2.27     Commissioner, bureau of mediation services; 
  2.28     Commissioner, public utilities commission; 
  2.29     Member, transportation regulation board; 
  2.30     Ombudsman for corrections; 
  2.31     Ombudsman for mental health and retardation. 
  2.32     Sec. 2.  Minnesota Statutes 1994, section 174.02, 
  2.33  subdivision 4, is amended to read: 
  2.34     Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  2.35  The commissioner may appear as a party on behalf of the public 
  2.36  in any proceeding or matter before the interstate commerce 
  3.1   commission, the civil aeronautics board or any other agency or 
  3.2   instrumentality of government which regulates public services or 
  3.3   rates relating to transportation or other matters related to the 
  3.4   powers and responsibilities of the commissioner as prescribed by 
  3.5   law.  The commissioner shall appear as a party on behalf of the 
  3.6   public in proceedings before the transportation regulation board 
  3.7   as provided by law on matters which directly relate to the 
  3.8   powers and duties of the commissioner or which substantially 
  3.9   affect the statewide transportation plan.  On all other 
  3.10  transportation matters the commissioner may appear before the 
  3.11  transportation regulation board.  The commissioner may conduct 
  3.12  joint hearings with any federal agency or commissioner within or 
  3.13  without the state.  
  3.14     Sec. 3.  Minnesota Statutes 1994, section 174.02, 
  3.15  subdivision 5, is amended to read: 
  3.16     Subd. 5.  [COOPERATION.] To facilitate the development of a 
  3.17  unified and coordinated intrastate and interstate transportation 
  3.18  system: 
  3.19     (a) (1) the commissioner shall maintain close liaison, 
  3.20  coordination and cooperation with the private sectors of 
  3.21  transportation, the upper great lakes seaway development 
  3.22  commission corporation, and any multistate organization involved 
  3.23  in transportation issues affecting the state; 
  3.24     (b) (2) the commissioner shall participate in the planning, 
  3.25  regulation and development of the port authorities of the state; 
  3.26  and 
  3.27     (c) (3) the commissioner or the commissioner's designee 
  3.28  shall be a nonvoting, ex officio member of the metropolitan 
  3.29  airports commission, as organized and established under sections 
  3.30  473.601 to 473.679; 
  3.31     (4) the commissioner shall cooperate with all federal 
  3.32  agencies for the purpose of harmonizing state and federal 
  3.33  regulations within the state to the extent and in the manner 
  3.34  deemed advisable; and 
  3.35     (5) the commissioner shall nominate members to any joint 
  3.36  board as provided by federal acts. 
  4.1      Sec. 4.  Minnesota Statutes 1994, section 174.02, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 7.  [POWER TO HOLD HEARINGS AND ISSUE ORDERS.] The 
  4.4   commissioner shall hold hearings and issue orders in cases 
  4.5   brought before the department in the following areas: 
  4.6      (1) adequacy of services that carriers of passengers and 
  4.7   household goods movers provide to the public, including the 
  4.8   continuation, termination, or modification of services and 
  4.9   facilities; 
  4.10     (2) reasonableness of tariffs of rates, fares, and charges, 
  4.11  or a part or classification of them pertaining to common 
  4.12  carriers by rail, carriers of passengers, and household goods 
  4.13  movers; and 
  4.14     (3) the issuing of franchises, permits, or certificates of 
  4.15  convenience and necessity.  The commissioner may authorize 
  4.16  common carriers by rail to file tariffs of rates, fares, and 
  4.17  charges individually or by group.  Carriers participating in 
  4.18  group rate making have the free and unrestrained right to take 
  4.19  independent action either before or after a determination 
  4.20  arrived at through that procedure. 
  4.21     Sec. 5.  Minnesota Statutes 1994, section 174.02, is 
  4.22  amended by adding a subdivision to read: 
  4.23     Subd. 8.  [HEARINGS; NOTICE.] With respect to those matters 
  4.24  within its jurisdiction, the commissioner shall receive, hear, 
  4.25  and determine all petitions filed in accordance with the 
  4.26  procedures established by law and may hold hearings and make 
  4.27  determinations upon its own motion to the same extent, and in 
  4.28  every instance, as it may do so upon petition.  Upon receiving 
  4.29  petitions filed under sections 221.061, 221.081, 221.121, 
  4.30  subdivision 1, 221.151, and 221.55, the commissioner shall give 
  4.31  notice of the filing of the petition to representatives of 
  4.32  associations or other interested groups or persons who have 
  4.33  registered their names with the commissioner for that purpose 
  4.34  and to whomever the commissioner deems to be interested in the 
  4.35  petition.  The commissioner may grant or deny the request of the 
  4.36  petition 30 days after notice of the filing has been fully 
  5.1   given.  If the commissioner receives a written objection and 
  5.2   notice of intent to appear at a hearing to object to the 
  5.3   petition from any person within 20 days of the notice having 
  5.4   been fully given, the request of the petition must be granted or 
  5.5   denied only after a contested case hearing has been conducted on 
  5.6   the petition, unless the objection is withdrawn before the 
  5.7   hearing.  The commissioner may elect to hold a contested case 
  5.8   hearing if no objections to the petition are received.  If a 
  5.9   timely objection is not received, or if received and withdrawn, 
  5.10  and the request of the petition is denied without hearing, the 
  5.11  petitioner may request within 30 days of receiving the notice of 
  5.12  denial, and must be granted, a contested case hearing on the 
  5.13  petition. 
  5.14     Sec. 6.  Minnesota Statutes 1994, section 174.06, is 
  5.15  amended by adding a subdivision to read: 
  5.16     Subd. 5a.  [TRANSPORTATION REGULATION BOARD.] All powers, 
  5.17  duties, and functions previously vested in or imposed on the 
  5.18  transportation regulation board or its members by chapter 174A 
  5.19  or any other law relating to the duties and powers of the 
  5.20  transportation regulation board, are transferred to, vested in, 
  5.21  and imposed on the commissioner of transportation.  The position 
  5.22  of transportation regulation board member and the transportation 
  5.23  regulation board as previously constituted are abolished.  
  5.24     Sec. 7.  Minnesota Statutes 1994, section 174.10, is 
  5.25  amended to read: 
  5.26     174.10 [CARRIER PROCEEDINGS BEFORE TRANSPORTATION 
  5.27  REGULATION BOARD; FEE.] 
  5.28     Subdivision 1.  [HEARINGS.] The commissioner in any 
  5.29  contested case before the transportation regulation board shall 
  5.30  give reasonable notice to representatives of associations or 
  5.31  other interested groups or persons who have registered their 
  5.32  names with the board for that purpose, to all parties and to 
  5.33  cities and municipalities which the board deems to be interested 
  5.34  in the proceeding.  The commissioner shall hold hearings with 
  5.35  respect to those matters within its jurisdiction as provided in 
  5.36  section 174.02, subdivision 8. 
  6.1      The commissioner may prescribe an annual fee, to be 
  6.2   credited to the general fund, which fee shall must be a charge 
  6.3   to all registered groups or persons.  This charge is to cover 
  6.4   the out-of-pocket costs involved in giving such notice under 
  6.5   this subdivision. 
  6.6      Subd. 2.  [INVESTIGATORY POWERS.] In all matters over which 
  6.7   the commissioner has regulatory, or enforcement authority, the 
  6.8   commissioner may issue subpoenas and compel the attendance of 
  6.9   witnesses and the production of all necessary papers, books, 
  6.10  records, documents, and other evidentiary material.  Any person 
  6.11  failing or refusing to appear to testify regarding any matter 
  6.12  about which the person may be lawfully questioned or to produce 
  6.13  any papers, books, records, documents, or other evidentiary 
  6.14  materials in the matter to be heard, after having been required 
  6.15  by a subpoena of the commissioner to do so may, upon application 
  6.16  by the commissioner to the district court in any district, be 
  6.17  ordered to comply therewith with the subpoena.  An 
  6.18  administrative law judge in a rulemaking or contested case 
  6.19  proceeding may, on behalf of the commissioner, issue subpoenas, 
  6.20  administer oaths to witnesses, and take their affirmations. 
  6.21  Depositions may be taken within or without the state by the 
  6.22  commissioner or the commissioner's designee in the manner 
  6.23  provided by law for the taking of depositions in civil actions.  
  6.24  A subpoena or other process or paper may be served upon any 
  6.25  person named therein in it, anywhere within the state by any 
  6.26  officer authorized to serve subpoenas or other process or paper 
  6.27  in civil actions, with the same fees and mileage and in the same 
  6.28  manner as prescribed by law for service of process issued out of 
  6.29  the district court of this state. 
  6.30     Subd. 3.  [PROSECUTION.] In proceedings which that involve 
  6.31  a hearing before the transportation regulation board motor 
  6.32  carrier or common carrier by rail as a party, the matter shall 
  6.33  be investigated and prosecuted before the board by the 
  6.34  commissioner of transportation representing shall represent the 
  6.35  interests of the people of this state.  
  6.36     Subd. 4.  [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in 
  7.1   any proceeding before the transportation regulation board 
  7.2   relating to or involving the reasonableness of rates, fares, 
  7.3   charges, or classifications, the board commissioner decides that 
  7.4   it the department does not have jurisdiction because the traffic 
  7.5   covered by the rates, fares, charges, or classifications is 
  7.6   interstate commerce, the transportation regulation 
  7.7   board commissioner shall issue an order dismissing the 
  7.8   proceeding and stating the ground of the dismissal, which.  The 
  7.9   order may be appealed from in like manner as other appealable 
  7.10  orders. 
  7.11     Sec. 8.  [174.11] [CARRIER RULES TRANSFERRED.] 
  7.12     Orders and directives in effect before the effective date 
  7.13  of this section and issued or adopted by the public service 
  7.14  commission, public utilities commission, department of 
  7.15  transportation, or transportation regulation board under 
  7.16  authority of chapters 174A, 216A, 218, 219, and 222 remain and 
  7.17  continue in effect, but without precedential value or authority 
  7.18  after the effective date of this section, except as to the 
  7.19  specific parties involved who remain subject to the orders and 
  7.20  directives, until repealed by duly authorized orders or 
  7.21  directives of the commissioner of transportation or adopted by 
  7.22  rule under chapter 14.  Rules adopted by the public service 
  7.23  commission, public utilities commission, department of 
  7.24  transportation, or transportation regulation board under 
  7.25  authority of the following sections are transferred to the 
  7.26  department of transportation and continue in effect until 
  7.27  repealed, amended, or superseded by rules adopted by the 
  7.28  commissioner of transportation: 
  7.29     (1) section 218.041, except rules related to the form and 
  7.30  manner of filing railroad rates, railroad accounting rules, and 
  7.31  safety rules; 
  7.32     (2) section 219.40; 
  7.33     (3) rules relating to rates or tariffs, or the granting, 
  7.34  limiting, or modifying of permits or certificates of convenience 
  7.35  and necessity under section 221.031, subdivision 1; 
  7.36     (4) rules relating to the sale, assignment, pledge, or 
  8.1   other transfer of a stock interest in a corporation holding 
  8.2   authority to operate as a permit carrier as prescribed in 
  8.3   section 221.151, subdivision 1, or a local cartage carrier under 
  8.4   section 221.296, subdivision 8; 
  8.5      (5) rules relating to rates, charges, and practices under 
  8.6   section 221.161, subdivision 4; and 
  8.7      (6) rules relating to rates, tariffs, or the granting, 
  8.8   limiting, or modifying of permits under sections 221.121, 
  8.9   221.151, and 221.296 or certificates of convenience and 
  8.10  necessity under section 221.071. 
  8.11     The commissioner shall review the transferred rules, 
  8.12  orders, and directives and, when appropriate, develop and adopt 
  8.13  new rules, orders, or directives.  The commissioner shall not 
  8.14  give precedential force or effect to any order or directive 
  8.15  issued before the effective date of this section, except to the 
  8.16  extent the parties subject to an order or directive remain 
  8.17  subject to that order or directive, unless and until the order 
  8.18  or directive is adopted by rule under chapter 14. 
  8.19     Sec. 9.  Minnesota Statutes 1994, section 218.041, 
  8.20  subdivision 6, is amended to read: 
  8.21     Subd. 6.  [COMMISSIONER'S POWERS.] The commissioner may: 
  8.22     (1) subpoena books, papers or accounts kept by any 
  8.23  regulated business within or without the state, or compel 
  8.24  production of verified copies; 
  8.25     (2) prepare all forms or blanks for the purpose of 
  8.26  obtaining information which the commissioner may deem necessary 
  8.27  or useful for the proper exercise of the its authority and 
  8.28  duties of the commissioner or the board in connection with 
  8.29  regulated businesses, and prescribe the time and manner within 
  8.30  which the blanks and forms shall be completed and filed; 
  8.31     (3) inspect, at all reasonable times, and copy the books, 
  8.32  records, memoranda, correspondence or other documents and 
  8.33  records of any business under the commissioner's jurisdiction; 
  8.34     (4) examine, under oath, any officer, agent or employee of 
  8.35  a business under the commissioner's jurisdiction concerning its 
  8.36  business and affairs; and 
  9.1      (5) prescribe rules, duly promulgated in accordance with 
  9.2   chapter 14, relating to rates, care in handling and other 
  9.3   livestock transportation matters; 
  9.4      (6) upon application by a carrier stating that it desires 
  9.5   to establish a rate for a temporary period for the protection of 
  9.6   the interest of the carriers or its shippers, authorize and 
  9.7   establish the temporary rate, extend the rate as the 
  9.8   circumstances of the case may require, and permit the 
  9.9   restoration of the rate existing at the time of the application 
  9.10  without further proceedings; 
  9.11     (7) upon application of the common carrier in writing and 
  9.12  when the application appears to be noncontroversial, approve the 
  9.13  establishment, change, or alteration of any rate, minimum rate, 
  9.14  charge, or classification, or rule governing it, to which a 
  9.15  common carrier is a party; 
  9.16     (8) authorize, on less than ten days' public notice, 
  9.17  schedules containing classifications, rates, fares, and charges 
  9.18  for the transportation of freight and passengers; and 
  9.19     (9) retain general ratemaking authority in intrastate 
  9.20  transportation of livestock. 
  9.21     Sec. 10.  Minnesota Statutes 1994, section 219.074, 
  9.22  subdivision 1, is amended to read: 
  9.23     Subdivision 1.  [AGREEMENTS; HEARING.] Public officials 
  9.24  having the necessary authority and a railway company operating 
  9.25  the railroad may agree to the vacation, relocation, 
  9.26  consolidation, or separation of grades at grade crossings.  If 
  9.27  agreement cannot be reached concerning the location, manner of 
  9.28  construction, or a reasonable division of expense, either party 
  9.29  may file a petition with the board commissioner, setting forth 
  9.30  the facts and submitting the matter to it for determination.  
  9.31  The board commissioner shall then conduct a hearing under 
  9.32  chapter 14 and shall apply the rules developed under section 
  9.33  219.073 in coming to a determination.  The commissioner may also 
  9.34  bring determine matters concerning vacation, relocation, 
  9.35  consolidation, or separation of grades at public grade crossings 
  9.36  to the board for determination.  If the board commissioner 
 10.1   determines that the vacation, relocation, consolidation, or 
 10.2   separation is consistent with the standards adopted under 
 10.3   section 219.073, the board commissioner may order the crossing 
 10.4   vacated, relocated, consolidated, or separated.  
 10.5      Sec. 11.  Minnesota Statutes 1994, section 219.074, 
 10.6   subdivision 2, is amended to read: 
 10.7      Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
 10.8   1992, and on or before July 1 of each of the next four years, 
 10.9   and as necessary afterward, the commissioner shall propose to 
 10.10  the board develop a list of grade crossings proposed to be 
 10.11  vacated.  The list must be developed by applying the standards 
 10.12  set forth in the rules adopted under section 219.073.  Grade 
 10.13  crossings that are part of an abandonment, closing, or removal 
 10.14  under section 219.741 may not be included in the list.  The 
 10.15  board commissioner shall notify the public officials having the 
 10.16  necessary authority and the railway companies operating the 
 10.17  railroads of the proposed vacations.  Either affected party may 
 10.18  request a hearing.  If requested, the board commissioner shall 
 10.19  hold a contested case hearing applying in its determination the 
 10.20  rules developed under section 219.073.  If after the hearing the 
 10.21  board commissioner determines that the vacation is consistent 
 10.22  with the standards adopted under section 219.073, it may order 
 10.23  the crossing vacated.  If a request for a hearing on a 
 10.24  particular crossing is not received within 30 days of the 
 10.25  publication in the State Register, the board commissioner shall 
 10.26  order the crossing vacated. 
 10.27     Sec. 12.  [TRANSFERRING CARRIER REGULATORY 
 10.28  RESPONSIBILITIES.] 
 10.29     Subdivision 1.  [RESPONSIBILITIES TRANSFERRED.] All 
 10.30  responsibilities, as defined in Minnesota Statutes, section 
 10.31  15.039, subdivision 1, held by the transportation regulation 
 10.32  board including but not limited to responsibilities relating to 
 10.33  administration, regulation, record keeping, operating authority, 
 10.34  permitting, ratemaking, rulemaking, and enforcement of motor 
 10.35  carrier transportation laws, rules, and regulations relating to 
 10.36  motor carriers and common carriers by rail are transferred to 
 11.1   the department of transportation. 
 11.2      Subd. 2.  [RULES.] Rules adopted under the responsibilities 
 11.3   transferred to the department of transportation remain effective 
 11.4   and must be enforced until amended or repealed in accordance 
 11.5   with law by the commissioner of transportation.  The rulemaking 
 11.6   authority that existed to implement the responsibilities 
 11.7   transferred is transferred to the commissioner of transportation.
 11.8      Subd. 3.  [COURT ACTIONS.] A proceeding, court action, 
 11.9   prosecution, or other business or matter pending on the 
 11.10  effective date of this section may be conducted and completed by 
 11.11  the department of transportation in the same manner, under the 
 11.12  same terms and conditions, and with the same effect as though it 
 11.13  involved or was begun and conducted or completed by the 
 11.14  transportation regulation board before the transfer. 
 11.15     Subd. 4.  [CONTRACTS; RECORDS.] The transportation 
 11.16  regulation board shall give the accounts, contracts, books, 
 11.17  maps, plans, papers, records, documents, and property of every 
 11.18  description relating to the transferred responsibilities and 
 11.19  within its jurisdiction or control to the department of 
 11.20  transportation.  The department of transportation shall accept 
 11.21  the material presented.  The transfer must be made in accordance 
 11.22  with the directions of the department of transportation. 
 11.23     Subd. 5.  [OBLIGATIONS.] The department of transportation 
 11.24  is the legal successor of the transportation regulation board 
 11.25  for the responsibilities transferred.  On and after the 
 11.26  effective date of this section, the bonds, resolutions, 
 11.27  contracts, and liabilities of the transportation regulation 
 11.28  board relating to the responsibilities transferred become those 
 11.29  of the department of transportation. 
 11.30     Subd. 6.  [UNEXPENDED FUNDS.] The unexpended balance of 
 11.31  appropriations to the transportation regulation board for the 
 11.32  purposes of the responsibilities transferred are reappropriated 
 11.33  under the same conditions as the original appropriation to the 
 11.34  department of transportation on the effective date of this 
 11.35  section.  The department of transportation, on and after the 
 11.36  effective date of this section, shall pay valid claims presented 
 12.1   against those appropriations. 
 12.2      Subd. 7.  [PERSONNEL.] The classified and unclassified 
 12.3   positions of the transportation regulation board, except 
 12.4   positions to which members are appointed by the governor, are 
 12.5   transferred with their incumbents to the department of 
 12.6   transportation.  The approved complement for the department of 
 12.7   transportation is increased accordingly.  Personnel changes are 
 12.8   effective on the effective date of this section.  This 
 12.9   subdivision does not change the rights enjoyed before the 
 12.10  effective date of this section under the managerial or 
 12.11  commissioner's plan under section 43A.18 or the terms of an 
 12.12  agreement between an exclusive representative of public 
 12.13  employees and the state or one of its appointing authorities. 
 12.14     Sec. 13.  [INSTRUCTIONS TO REVISOR.] 
 12.15     Subdivision 1.  Except when used in the phrases to be 
 12.16  changed by the revisor under subdivision 2, the revisor of 
 12.17  statutes is directed to change the word "board" or "board's" 
 12.18  when it refers to the transportation regulation board, to the 
 12.19  term "commissioner," "commissioner's," or "commissioner of 
 12.20  transportation," as appropriate, for: 
 12.21     (1) Minnesota Statutes 1996 and subsequent editions of the 
 12.22  statutes, where it appears in Minnesota Statutes, sections 
 12.23  218.021, subdivision 1; 218.025; 218.031, subdivisions 1 and 8; 
 12.24  218.041, subdivisions 1, 2, 4, 5, and 7; 219.074, subdivisions 1 
 12.25  and 2; 219.14, subdivisions 1 and 2; 219.23; 219.24; 219.383, 
 12.26  subdivisions 1 and 2; 219.39; 219.40; 219.41; 219.42; 219.46, 
 12.27  subdivision 7; 219.47, subdivision 1; 219.52; 219.54; 219.55; 
 12.28  219.562, subdivision 3; 219.681; 219.70; 219.71; 219.741; 
 12.29  219.85; 219.98; 221.025; 221.031, subdivision 1; 221.041, 
 12.30  subdivisions 1, 2, and 3; 221.051; 221.061; 221.071, subdivision 
 12.31  1; 221.081; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, 6a, 
 12.32  and 6b; 221.122, subdivisions 1 and 3; 221.123; 221.124; 
 12.33  221.131, subdivision 6; 221.151; 221.161, subdivisions 2, 3, and 
 12.34  4; 221.165; 221.171, subdivision 1; 221.185, subdivisions 2 and 
 12.35  3a; 221.221, subdivision 2; 221.291, subdivision 5; 221.293; 
 12.36  221.296, subdivisions 3, 4, and 8; 221.55; and 222.632; and 
 13.1      (2) Minnesota Rules, chapters 8855; 8900; 8910; and 8920. 
 13.2      Subd. 2.  The revisor of statutes is directed to change the 
 13.3   phrases "board or commissioner," "commissioner or board," "board 
 13.4   or the commissioner," "commissioner or the board," "commissioner 
 13.5   and the board," "commissioner and board," "board and the 
 13.6   commissioner," "board and commissioner," "department and board," 
 13.7   "board or department," and "board and the department," when the 
 13.8   word "board" refers to the transportation regulation board, to 
 13.9   the term "commissioner," or "commissioner of transportation," as 
 13.10  appropriate, for: 
 13.11     (1) Minnesota Statutes 1996 and subsequent editions of the 
 13.12  statutes, where it appears in Minnesota Statutes, sections 
 13.13  218.031, subdivisions 1, 6, 8, and 10; 218.041, subdivisions 5 
 13.14  and 6; 218.071, subdivisions 1, 2, and 4; 219.402; 219.51, 
 13.15  subdivisions 2 and 3; 221.011, subdivision 15; 221.021; 221.031, 
 13.16  subdivision 5; 221.061; 221.081; 221.121, subdivisions 1 and 5; 
 13.17  221.122, subdivision 1; 221.151, subdivision 2; 221.221, 
 13.18  subdivisions 1 and 3; 221.261; 221.271; 221.281; 221.291, 
 13.19  subdivisions 1 and 3; 221.293; 221.295; 221.296, subdivisions 3 
 13.20  and 4; and 221.68; and 
 13.21     (2) Minnesota Rules, chapter 8850. 
 13.22     Subd. 3.  Except when amended accordingly in sections 1 to 
 13.23  12, the revisor of statutes is directed to change the words 
 13.24  "transportation regulation board" to "commissioner of 
 13.25  transportation" wherever they appear in Minnesota Statutes 1996 
 13.26  and Minnesota Rules, and subsequent editions of the statutes and 
 13.27  rules. 
 13.28     Subd. 4.  The revisor of statutes shall make other changes 
 13.29  in chapter titles; section, subdivision, part, and subpart 
 13.30  headnotes; and in other terminology necessary as a result of the 
 13.31  enactment of sections 1 to 12. 
 13.32     Sec. 14.  [TRANSITION STUDY.] 
 13.33     The transportation regulation board and the commissioner of 
 13.34  transportation shall conduct a transition study which must 
 13.35  result in recommendations concerning the most effective and 
 13.36  efficient means to implement sections 1 to 13 and transfer the 
 14.1   powers, duties, and functions of the board to an appropriate 
 14.2   agency.  In performing the study and making recommendations, the 
 14.3   board and commissioner shall solicit input from truckers and 
 14.4   other transportation organizations and entities concerning the 
 14.5   effects of the federal preemption and the transfer of powers, 
 14.6   duties, and functions from the board to an appropriate agency.  
 14.7   The board and commissioner shall report its recommendations to 
 14.8   the legislature no later than February 1, 1996. 
 14.9      Sec. 15.  [REPEALER.] 
 14.10     Minnesota Statutes 1994, sections 174A.01; 174A.02; 
 14.11  174A.03; 174A.04; 174A.05; 174A.06; 218.011, subdivision 7; and 
 14.12  218.041, subdivision 7, are repealed.  Minnesota Rules, part 
 14.13  8850.6900, is repealed. 
 14.14     Sec. 16.  [EFFECTIVE DATE.] 
 14.15     Sections 1 to 13 and 15 are effective on July 1, 1996.  
 14.16  Section 14 is effective on July 1, 1995.