as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; allowing commissioner of 1.3 transportation to convey interest in certain land to 1.4 property owners; modifying provisions for speed limits 1.5 in highway work zones; modifying seasonal highway 1.6 weight limitations; transferring responsibilities from 1.7 transportation regulation board to commissioner of 1.8 transportation; making technical and clarifying 1.9 changes; repealing obsolete or invalid provisions; 1.10 amending Minnesota Statutes 2000, sections 161.24, 1.11 subdivision 4; 169.14, subdivision 5d; 169.825, 1.12 subdivision 11; 174.02, subdivisions 4 and 5; 174.10, 1.13 subdivisions 1, 3, and 4; 174A.02, subdivisions 1, 2, 1.14 and 4; 174A.04; 174A.06; 218.031, subdivision 2; 1.15 218.041, subdivisions 4, 5, and 6; 219.074, 1.16 subdivision 2; 219.384, subdivision 2; and 219.402; 1.17 repealing Minnesota Statutes 2000, sections 174A.01; 1.18 174A.02, subdivision 5; 174A.03; 174A.05; 219.383; 1.19 219.558; 219.559; 219.56; 219.681; 219.69; 219.691; 1.20 219.692; 219.695; 219.70; 219.71; 219.741; 219.743; 1.21 219.751; 219.755; 219.85; 219.97; 222.631; 222.632; 1.22 and 222.633; Minnesota Rules, part 8850.6900. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 2000, section 161.24, 1.25 subdivision 4, is amended to read: 1.26 Subd. 4. [ACCESS TO ISOLATED PROPERTY.] When the 1.27 establishment, construction, or reconstruction of a trunk 1.28 highway closes off any other highway or street, including a city 1.29
streetsstreet, private road, or entrance at the boundary 1.30 of suchthe trunk highway, the commissioner may, in mitigation 1.31 of damages ,or in the interest of safety and convenient public 1.32 travel, construct a road either within the limits of the trunk1.33 highway,or withoutoutside the limits of the trunk highway, 1.34 connecting the closed offclosed-off highway, street, private 2.1 road, or entrance with another public highway. In determining 2.2 whether to build the road within or withoutoutside the limits 2.3 of the trunk highway, the commissioner may take into 2.4 consideration economy to the state and local traffic needs. The 2.5 commissioner, in mitigation of damages, may connect the closed2.6 offclosed-off private road with the remaining portion of the 2.7 private road or with another private road. All lands necessary 2.8 thereforfor connecting a highway, street, private road, or 2.9 entrance to another public highway or for connecting a 2.10 closed-off private road to the remaining portion of a private 2.11 road or to another private road, may be acquired by purchase, 2.12 gift, or condemnation. Notwithstanding section 161.23, 161.43, 2.13 161.431, or 161.44, the commissioner may convey and quitclaim a 2.14 fee title or easement held or owned by the state in land used to 2.15 construct a road to connect the closed-off highway, street, 2.16 entrance, or private road with another public highway or to 2.17 reconnect the private road to the property served by the road. 2.18 Sec. 2. Minnesota Statutes 2000, section 169.14, 2.19 subdivision 5d, is amended to read: 2.20 Subd. 5d. [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 2.21 commissioner, on trunk highways and temporary trunk highways, 2.22 and local authorities, on streets and highways under their 2.23 jurisdiction, may authorize the use of reduced maximum speed 2.24 limits in highway work zones. The commissioner or local 2.25 authority is not required to conduct an engineering and traffic 2.26 investigation before authorizing a reduced speed limit in a 2.27 highway work zone. 2.28 (b) The minimum highway work zone speed limit is 20 miles 2.29 per hour. The work zone speed limit must not reduce the 2.30 established speed limit on the affected street or highway by 2.31 more than 15 miles per hour, except that the highway work zone 2.32 speed limit shallmust not exceed 40 miles per hour. The 2.33 commissioner or local authority shall post the limits of the 2.34 work zone. Highway work zone speed limits are effective on 2.35 erection of appropriate regulatory speed limit signs. The signs 2.36 must be removed or covered when they are not required. A speed 3.1 greater than the posted highway work zone speed limit is 3.2 unlawful. 3.3 (c) Notwithstanding paragraph (b), on divided highways the 3.4 commissioner or local authority may establish a highway work 3.5 zone speed limit that does not exceed 55 miles per hour. 3.6 (c)(d) For purposes of this subdivision, "highway work 3.7 zone" means a segment of highway or street where a road 3.8 authority or its agent is constructing, reconstructing, or 3.9 maintaining the physical structure of the roadway, its 3.10 shoulders, or features adjacent to the roadway, including 3.11 underground and overhead utilities and highway appurtenances, 3.12 when workers are present. 3.13 (d)(e) Notwithstanding section 609.0331 or 609.101 or 3.14 other law to the contrary, a person who violates a speed limit 3.15 established under paragraph (b) or (c), or who violates any 3.16 other provision of this section while in a highway work zone, is 3.17 assessed an additional surcharge equal to the amount of the fine 3.18 imposed for the speed violation, but not less than $25. 3.19 Sec. 3. Minnesota Statutes 2000, section 169.825, 3.20 subdivision 11, is amended to read: 3.21 Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The 3.22 limitations provided in this section are increased: 3.23 (1) by ten percent from January 1 to March 7between the 3.24 dates set by the commissioner based on a freezing index model 3.25 each winter, statewide; 3.26 (2) by ten percent from December 1 through December 313.27 between the dates set by the commissioner based on a freezing 3.28 index model each winter, in the zone bounded as follows: 3.29 beginning at Pigeon River in the northeast corner of Minnesota; 3.30 thence in a southwesterly direction along the north shore of 3.31 Lake Superior along trunk highway No. 61 to the junction with 3.32 trunk highway No. 210; thence westerly along trunk highway No. 3.33 210 to the junction with trunk highway No. 10; thence 3.34 northwesterly along trunk highway No. 10 to the Minnesota-North 3.35 Dakota border; thence northerly along that border to the 3.36 Minnesota-Canadian Border; thence easterly along said Border to 4.1 Lake Superior; and 4.2 (3) by ten percent from the beginning of harvest to 4.3 November 30 each year for the movement of sugar beets and 4.4 potatoes within an area having a 75-mile radius from the field 4.5 of harvest to the point of the first unloading. The 4.6 commissioner shall not issue permits under this clause if to do 4.7 so will result in a loss of federal highway funding to the state. 4.8 (b) The duration of a ten percent increase in load limits 4.9 is subject to limitation by order of the commissioner, subject 4.10 to implementation of springtime load restrictions , or March 7. 4.11 (c) When the ten percent increase is in effect, a permit is 4.12 required for a motor vehicle, trailer, or semitrailer 4.13 combination that has a gross weight in excess of 80,000 pounds, 4.14 an axle group weight in excess of that prescribed in subdivision 4.15 10, or a single axle weight in excess of 20,000 pounds and which 4.16 travels on interstate routes. 4.17 (d) In cases where gross weights in an amount less than 4.18 that set forth in this section are fixed, limited, or restricted 4.19 on a highway or bridge by or under another section of this 4.20 chapter, the lesser gross weight as fixed, limited, or 4.21 restricted may not be exceeded and must control instead of the 4.22 gross weights set forth in this section. 4.23 (e) Notwithstanding any other provision of this 4.24 subdivision, no vehicle may exceed a total gross vehicle weight 4.25 of 80,000 pounds on routes which have not been designated by the 4.26 commissioner under section 169.832, subdivision 11. 4.27 (f) The commissioner may, after determining the ability of 4.28 the highway structure and frost condition to support additional 4.29 loads, grant a permit extending seasonal increases for vehicles 4.30 using portions of routes falling within two miles of the 4.31 southern boundary of the zone described under paragraph (a), 4.32 clause (2). 4.33 Sec. 4. Minnesota Statutes 2000, section 174.02, 4.34 subdivision 4, is amended to read: 4.35 Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 4.36 The commissioner may appear as a party on behalf of the public 5.1 in any proceeding or matter before the interstate commerce5.2 commission, the civil aeronauticssurface transportation board 5.3 or any other agency or instrumentality of government whichthat 5.4 regulates public services or rates relating to transportation or 5.5 other matters related to the powers and responsibilities of the 5.6 commissioner as prescribed by law. The commissioner shall 5.7 appear as a party on behalf of the public in proceedings before5.8 the transportation regulation boardas provided by law on 5.9 matters whichthat directly relate to the powers and duties of 5.10 the commissioner or whichsubstantially affect the statewide 5.11 transportation plan. On all other transportation matters the5.12 commissioner may appear before the transportation regulation5.13 board.5.14 Sec. 5. Minnesota Statutes 2000, section 174.02, 5.15 subdivision 5, is amended to read: 5.16 Subd. 5. [COOPERATION.] To facilitate the development of a 5.17 unified and coordinated intrastate and interstate transportation 5.18 system: 5.19 (1) the commissioner shall maintain close liaison, 5.20 coordination and cooperation with the private sectors of 5.21 transportation, the upper great lakes seaway development 5.22 commission corporation, and any multistate organization involved 5.23 in transportation issues affecting the state; 5.24 (2) the commissioner shall participate in the planning, 5.25 regulation and development of the port authorities of the state; 5.26 and5.27 (3) the commissioner or the commissioner's designee shall5.28 beis a nonvoting , ex officiomember of the metropolitan 5.29 airports commission, as organized and established under sections 5.30 473.601 to 473.679 .; 5.31 (4) the commissioner shall cooperate with all federal 5.32 agencies for the purpose of harmonizing state rules and federal 5.33 regulations within the state to the extent and in the manner 5.34 deemed advisable; 5.35 (5) the commissioner may conduct joint hearings with any 5.36 federal agency within or outside the state and, to the extent 6.1 allowed under federal law or regulation, may approve and 6.2 establish freight rates and charges that depart from the 6.3 distance principle required by any state law; and 6.4 (6) the commissioner may nominate members to any joint 6.5 board as provided by federal acts. 6.6 Sec. 6. Minnesota Statutes 2000, section 174.10, 6.7 subdivision 1, is amended to read: 6.8 Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The 6.9 commissioner in any contested case before the transportation6.10 regulation boardthat involves a motor carrier or common carrier 6.11 by rail as a party shall give reasonable notice to 6.12 representatives of associations or other interested groups or 6.13 persons who have registered their names with the board6.14 commissioner for that purpose, to all parties and to cities and 6.15 municipalities whichthat the boardcommissioner deems to be 6.16 interested in the proceeding. The commissioner may prescribe an 6.17 annual fee to be credited to the general fund, which fee shall6.18 beas a charge to all registered groups or persons. The fee 6.19 must be credited to the general fund. This charge is to cover 6.20 the out-of-pocket costs involved in giving suchproviding the 6.21 notice. 6.22 Sec. 7. Minnesota Statutes 2000, section 174.10, 6.23 subdivision 3, is amended to read: 6.24 Subd. 3. [PROSECUTION.] In proceedings whichthat involve 6.25 a hearing before the transportation regulation boardmotor 6.26 carrier or common carrier by rail as a party, the matter shall6.27 must be investigated and prosecuted before the boardheard by 6.28 the commissioner of transportation representing the interests of6.29 the people of this stateas authorized by law. 6.30 Sec. 8. Minnesota Statutes 2000, section 174.10, 6.31 subdivision 4, is amended to read: 6.32 Subd. 4. [ WHEN BOARD LACKSLACK OF JURISDICTION.] If, in 6.33 any proceeding before the transportation regulation board6.34 relating to or involving the reasonableness of rates, fares,6.35 charges, or classifications,the boardcommissioner decides that 6.36 itthe department does not have jurisdiction because the traffic7.1 covered by the rates, fares, charges, or classifications is7.2 interstate commerce, the transportation regulation7.3 boardcommissioner shall issue an order dismissing the 7.4 proceeding and stating the ground of the dismissal , which order7.5 may be appealed from in like manner as other appealable orders. 7.6 Sec. 9. Minnesota Statutes 2000, section 174A.02, 7.7 subdivision 1, is amended to read: 7.8 Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] Some of 7.9 the functions of the transportation regulation board shall be7.10 legislative andcommissioner of transportation, related to motor 7.11 carriers and common carriers by rail, are quasi-judicial in 7.12 nature. ItThe commissioner may make suchinvestigations and 7.13 determinations, hold suchhearings, prescribe suchrules, and 7.14 issue suchorders with respect to the control and conduct of the 7.15 carrier businesses coming within itsthe commissioner's 7.16 jurisdiction as the legislature itself might make but only as it7.17 shall from time to time authorizeauthorized by law. 7.18 Sec. 10. Minnesota Statutes 2000, section 174A.02, 7.19 subdivision 2, is amended to read: 7.20 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 7.21 extent allowed under federal law or regulation, the board7.22 commissioner shall further hold hearings and issue orders in 7.23 cases brought before it by either the commissioneron the 7.24 commissioner's own motion or by a third party in the following 7.25 areas: 7.26 (a)(1) adequacy of services whichthat carriers are 7.27 providing to the public, including the continuation, termination 7.28 or modification of services and facilities .; 7.29 (b) The(2) reasonableness of tariffs of rates, fares, and 7.30 charges, or a part or classification thereofof a tariff; and 7.31 (3) issuing permits. 7.32 (b) For purposes of paragraph (a), clause (2), the board7.33 commissioner may authorize common carriers by rail and 7.34 motor carriercarriers for hire to file tariffs of rates, fares, 7.35 and charges individually or by group. Carriers participating in 7.36 group rate making have the free and unrestrained right to take 8.1 independent action either before or after a determination 8.2 arrived at through suchthat procedure. 8.3 (c) The issuing of franchises, permits, or certificates of8.4 convenience and necessity.8.5 Sec. 11. Minnesota Statutes 2000, section 174A.02, 8.6 subdivision 4, is amended to read: 8.7 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 8.8 within itsthe commissioner's jurisdiction, the board8.9 commissioner shall receive, hear, and determine all petitions 8.10 filed with itthe commissioner in accordance with the procedures 8.11 established by law and may hold hearings and make determinations 8.12 upon itsthe commissioner's own motion to the same extent, and 8.13 in every instance, in which itthe commissioner may do so upon 8.14 petition. Upon receiving petitions filed pursuant to sections 8.15 221.121, subdivision 1, 221.151, 221.296,and 221.55, the board8.16 commissioner shall give notice of the filing of the petition to 8.17 representatives of associations or other interested groups or 8.18 persons who have registered their names with the board8.19 commissioner for that purpose and to whomever the board8.20 commissioner deems to be interested in the petition. The board8.21 commissioner may grant or deny the request of the petition 30 8.22 days after notice of the filing has been fully given. If 8.23 the boardcommissioner receives a written objection and notice 8.24 of intent to appear at a hearing to object to the petition from 8.25 any person within 20 days of the notice having been fully given, 8.26 the request of the petition shallmust be granted or denied only 8.27 after a contested case hearing has been conducted on the 8.28 petition, unless the objection is withdrawn prior tobefore the 8.29 hearing. The boardcommissioner may elect to hold a contested 8.30 case hearing if no objections to the petition are received. If 8.31 a timely objection is not received, or if received and 8.32 withdrawn, and the request of the petition is denied without 8.33 hearing, the petitioner may request within 30 days of receiving 8.34 the notice of denial, and shallmust be granted, a contested 8.35 case hearing on the petition. 8.36 Sec. 12. Minnesota Statutes 2000, section 174A.04, is 9.1 amended to read: 9.2 174A.04 [HEARINGS AND APPEALS.] 9.3 Subdivision 1. [HEARINGS.] All hearings related to common 9.4 carriers by rail or motor carriers and required to be conducted 9.5 by the commissioner of transportation regulation board shall9.6 must be conducted pursuant to sections 14.001 to 14.69. 9.7 Subd. 2. [APPEALS.] An appeal from an order of the 9.8 commissioner must be in accordance with chapter 14. 9.9 Sec. 13. Minnesota Statutes 2000, section 174A.06, is 9.10 amended to read: 9.11 174A.06 [CONTINUATION OF RULES.] 9.12 (a) Orders and directives in force, issued, or promulgated 9.13 under authority of chapters 174A, 216A, 218, 219, 221, and 222 9.14 remain and continue in force and effect until repealed, 9.15 modified, or superseded by duly authorized orders or directives 9.16 of the commissioner of transportation. To the extent allowed 9.17 under federal law or regulation, rules adopted under authority 9.18 of the following sections are transferred to the commissioner of 9.19 transportation and continue in force and effect until repealed, 9.20 modified, or superseded by duly authorized rules of the 9.21 commissioner: 9.22 (1) section 218.041 except rules related to the form and 9.23 manner of filing railroad rates, railroad accounting rules, and 9.24 safety rules; 9.25 (2) section 219.40; 9.26 (3) rules relating to rates or tariffs, or the granting, 9.27 limiting, or modifying of permits or certificates of convenience 9.28 and necessity under section 221.031, subdivision 1; 9.29 (4) rules relating to the sale, assignment, pledge, or 9.30 other transfer of a stock interest in a corporation holding 9.31 authority to operate as a permit carrier as prescribed in 9.32 section 221.151, subdivision 1 , or a local cartage carrier under9.33 section 221.296, subdivision 8; 9.34 (5) rules relating to rates, charges, and practices under 9.35 section 221.161, subdivision 4; and 9.36 (6) rules relating to rates, tariffs, or the granting, 10.1 limiting, or modifying of permits under sections 221.121 ,and 10.2 221.151 , and 221.296. 10.3 (b) The commissioner shall review the transferred rules, 10.4 orders, and directives and, when appropriate, develop and adopt 10.5 new rules, orders, or directives. 10.6 Sec. 14. Minnesota Statutes 2000, section 218.031, 10.7 subdivision 2, is amended to read: 10.8 Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every 10.9 common carrier shall furnish to the commissioner :10.10 (1) all schedules of rates, fares and charges, every part10.11 and classification thereof, together with minimum weights and10.12 rules with respect thereto, and any and all amendments,10.13 modifications or changes therein;10.14 (2) all information duly required in blanks and forms10.15 furnished by the commissioner;10.16 (3) a copy of all annual reports and valuation data10.17 furnished to the Interstate Commerce Commission not later than10.18 June 30th, covering the preceding calendar year, together with10.19 any additional information regarding valuation of its properties10.20 requested by the commissioner;10.21 (4)a report of accidents, wrecks, and casualties occurring 10.22 in this state in sucha manner and form and at suchthe times 10.23 asprescribed by the commissioner. All such reports 10.24 administered by the department of public safety shallmust be 10.25 received and administered in accordance with the provisions of10.26 section 169.09, subdivision 13. All other reports shall beare 10.27 open to public inspection but shallare not beadmissible in 10.28 evidence in any suit or action for damages growing out of such 10.29 accident, wreck, or casualty ;. 10.30 (5) all tariff agreements or arrangements with other10.31 carriers;10.32 (6) all joint schedules of rates, fares or classifications.10.33 Sec. 15. Minnesota Statutes 2000, section 218.041, 10.34 subdivision 4, is amended to read: 10.35 Subd. 4. [COMMISSIONER DUTIES UPON PETITION.] (a) The 10.36 commissioner shall, upon petition :11.1 (1) at all points of intersection and crossings of11.2 different railroads, or where two railroads are not more than11.3 one-half mile apart, and at all terminals, prescribe ample11.4 facilities by track connection, joint use of tracks, freight11.5 platforms and depots, warehouses, docks over which general11.6 merchandise is handled and forwarded, and other necessary11.7 appliances and conveniences for the transfer, forwarding and11.8 handling of general merchandise and parcel freight between such11.9 railroads and between such railroads and such docks, warehouses11.10 and vessels at such docks;11.11 (2) determine the proportionate share of each company in11.12 the cost of providing connecting and transfer facilities in the11.13 event the companies fail to agree;11.14 (3) direct construction, maintenance and operation at any11.15 points prescribed by law of all side tracks and reasonable11.16 facilities connecting any road with any grain warehouse or mill,11.17 dock, wharf, coal yard, quarry, brick or lime kiln, sand or11.18 gravel pit, crushed rock or concrete plant, or manufactory11.19 adjacent thereto, and prescribe the terms therefor;11.20 (4) prescribe reasonable rules for handling property,11.21 passenger, baggage, express and mail, partly over privately11.22 owned rights-of-way and partly over highways, so that reasonable11.23 and adequate accommodations and service may be afforded;11.24 (5) prescribe the extent to which any designated carrier,11.25 upon its petition, may be relieved from the operation of the11.26 principles established by section 218.021, subdivision 1,11.27 clauses (5), (6) and (7);11.28 (6), direct the repair, reconstruction, or replacement of 11.29 any inadequate or unsafe trackage, structure or facility. 11.30 (b) Upon receipt of a petition for action pursuant to this 11.31 subdivision the commissioner shall give notice to all persons 11.32 known to itthe commissioner to have an interest in the matter 11.33 and publish notice of the petition in the State Register. The 11.34 commissioner may grant the petition 30 days' after notice has 11.35 been fully made. If the commissioner receives a written 11.36 objection to the petition from any person within 20 days after 12.1 the notice of filing has been fully made, the exemption shall12.2 must be granted or denied only after a contested case hearing 12.3 has been held on the matter. The commissioner may elect to hold 12.4 a contested case hearing if no objections to the petition or 12.5 application are received. If a timely objection is not received 12.6 and the commissioner declines to act without a hearing, the 12.7 petitioner may request within 30 days of receiving a notice of 12.8 denial, and shallmust be granted, a contested case hearing on 12.9 the application. 12.10 Sec. 16. Minnesota Statutes 2000, section 218.041, 12.11 subdivision 5, is amended to read: 12.12 Subd. 5. [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The 12.13 commissioner shall: 12.14 (1) investigate and determine whether any common carriers 12.15 are granting rebates or, in any other particular, failing to 12.16 comply with laws or with orders, rules, or directives of the 12.17 commissioner; and 12.18 (2) appear and press before the Interstate Commerce12.19 Commission any petition, whether filed by a resident of the12.20 state or otherwise, charging any common carrier doing business12.21 in this state with any violation of the Interstate Commerce Act12.22 of the United States, whenever the department deems the matter12.23 to be one of public interest;12.24 (3)institute and prosecute all actions and proceedings in 12.25 the appropriate courts for the enforcement of the provisions of12.26 this chapter ,; the orders, rules, and directives of the 12.27 commissioner issued thereunderunder this chapter; and any 12.28 violations thereof. 12.29 Sec. 17. Minnesota Statutes 2000, section 218.041, 12.30 subdivision 6, is amended to read: 12.31 Subd. 6. [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING 12.32 POWERS.] In the exercise of powers granted in this chapter, the 12.33 commissioner may: 12.34 (1) subpoena books, papers, or accounts kept by any 12.35 regulated business within or without the state, or compel 12.36 production of verified copies; 13.1 (2) prepare all forms or blanks for the purpose of13.2 obtaining information whichthat the commissioner may deem 13.3 necessary or useful for the proper exercise of the authority and 13.4 duties of the commissioner in connection with regulated 13.5 businesses, and prescribe the time and manner within which the 13.6 blanks and forms shallmust be completed and filed; 13.7 (3) inspect, at all reasonable times, and copy the books, 13.8 records, memoranda, correspondence, or other documents and 13.9 records of any business under the commissioner's 13.10 jurisdiction; and 13.11 (4) examine, under oath, any officer, agent, or employee of 13.12 a business under the commissioner's jurisdiction concerning its13.13 business and affairs; and13.14 (5) prescribe rules, duly promulgated in accordance with13.15 chapter 14, relating to rates, care in handling and other13.16 livestock transportation mattersany matter within the 13.17 commissioner's jurisdiction. 13.18 Sec. 18. Minnesota Statutes 2000, section 219.074, 13.19 subdivision 2, is amended to read: 13.20 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 13.21 1992, and on or before July 1 of each of the next four years, 13.22 and as necessary afterward, the commissioner shall develop a 13.23 list of grade crossings proposed to be vacated. The list must 13.24 be developed by applying the standards set forth in the rules 13.25 adopted under section 219.073. Grade crossings that are part of 13.26 an abandonment, closing, or removal under section 219.741may 13.27 not be included in the list. The commissioner shall notify the 13.28 public officials having the necessary authority and the railway 13.29 companies operating the railroads of the proposed vacations. 13.30 Either affected party may request a hearing. If requested, the 13.31 commissioner shall hold a contested case hearing applying in the 13.32 commissioner's determination the rules developed under section 13.33 219.073. If after the hearing the commissioner determines that 13.34 the vacation is consistent with the standards adopted under 13.35 section 219.073, the commissioner may order the crossing 13.36 vacated. If a request for a hearing on a particular crossing is 14.1 not received within 30 days of the publication in the State 14.2 Register, the commissioner shall order the crossing vacated. 14.3 Sec. 19. Minnesota Statutes 2000, section 219.384, 14.4 subdivision 2, is amended to read: 14.5 Subd. 2. [PENALTY.] A railroad company, road authority, or 14.6 property owner that fails to comply with this section within 30 14.7 days after being notified in writing is subject to a fine of $50 14.8 for each day that the condition is uncorrected. This penalty 14.9 may be recovered in the manner provided in section 219.97,14.10 subdivision 5a civil action brought by the attorney general or 14.11 by the county attorney of the county through or into which the 14.12 railroad extends. 14.13 Sec. 20. Minnesota Statutes 2000, section 219.402, is 14.14 amended to read: 14.15 219.402 [ADEQUATE CROSSING PROTECTION.] 14.16 Crossing warning devices or improvements installed or 14.17 maintained under this chapter as approved by the commissioner or 14.18 any predecessor, whether by order or otherwise, are adequate and 14.19 appropriate warning for the crossing. 14.20 Sec. 21. [TRANSFERRING CARRIER REGULATORY 14.21 RESPONSIBILITIES.] 14.22 (a) Responsibilities, as defined in Minnesota Statutes, 14.23 section 15.039, subdivision 1, held by the transportation 14.24 regulation board including, but not limited to, responsibilities 14.25 relating to administration, regulation, recordkeeping, operating 14.26 authority, permitting, rate making, rulemaking, and enforcement 14.27 of transportation laws, rules, and regulations relating to motor 14.28 carriers and common carriers by rail under Minnesota Statutes, 14.29 chapters 218, 219, 221, and 222, are transferred to the 14.30 commissioner of the Minnesota department of transportation under 14.31 Minnesota Statutes, section 15.039. 14.32 (b) The legislative and quasi-judicial functions and powers 14.33 conferred on the board under Minnesota Statutes, chapter 174A, 14.34 are also transferred to the commissioner. 14.35 (c) The position of transportation regulation board member 14.36 and the transportation regulation board as previously 15.1 constituted are abolished. 15.2 Sec. 22. [INSTRUCTIONS TO REVISOR.] 15.3 (a) Except when used in the phrases to be changed by the 15.4 revisor under paragraph (b), the revisor of statutes is directed 15.5 to change the word "board" or "board's," or similar term or 15.6 phrase, when it refers to the transportation regulation board, 15.7 to the term "commissioner," "commissioner's," or "commissioner 15.8 of transportation," as appropriate, where it appears in: 15.9 (1) Minnesota Statutes, sections 174A.02, subdivision 3; 15.10 221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 15.11 6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 15.12 subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 15.13 221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 15.14 subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 15.15 221.55; and 15.16 (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 15.17 (b) The revisor of statutes is directed to change the 15.18 phrases "board or commissioner," "commissioner or board," "board 15.19 or the commissioner," "commissioner or the board," "commissioner 15.20 and the board," "commissioner and board," "board and the 15.21 commissioner," "board and commissioner," "department and board," 15.22 "board or department," and "board and the department," when the 15.23 word "board" refers to the transportation regulation board, to 15.24 the term "commissioner," or "commissioner of transportation," as 15.25 appropriate, where it appears in: 15.26 (1) Minnesota Statutes, sections 221.011, subdivision 15; 15.27 221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 15.28 subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 15.29 and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 15.30 221.295; 221.296, subdivisions 3 and 4; and 221.68; and 15.31 (2) Minnesota Rules, chapter 8850. 15.32 (c) Except when amended accordingly in this act, the 15.33 revisor of statutes is directed to change the words 15.34 "transportation regulation board" to "commissioner of 15.35 transportation" wherever they appear in Minnesota Statutes and 15.36 Minnesota Rules. 16.1 (d) In Minnesota Statutes, the revisor of statutes shall 16.2 renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 16.3 174A.06 as 174.66. 16.4 (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 16.5 of statutes shall change the term "commission" to "commissioner 16.6 of transportation" or "commissioner," as appropriate. 16.7 (f) The revisor of statutes shall make other changes in 16.8 chapter titles; section, subdivision, part, and subpart 16.9 headnotes; and in other terminology necessary as a result of the 16.10 enactment of this act. 16.11 Sec. 23. [REPEALER.] 16.12 (a) Minnesota Statutes 2000, sections 174A.01; 174A.02, 16.13 subdivision 5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 16.14 219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 16.15 219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 219.97; 16.16 222.631; 222.632; and 222.633, are repealed. 16.17 (b) Minnesota Rules, part 8850.6900, is repealed.