SF 3099

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; transferring 
  1.3             responsibilities from transportation regulation board 
  1.4             to commissioner of transportation; making technical 
  1.5             and clarifying changes; amending Minnesota Statutes 
  1.6             1998, sections 174.02, subdivisions 4 and 5; 174.10, 
  1.7             subdivisions 1, 3, and 4; 174A.02, subdivisions 1 and 
  1.8             2; 174A.04; and 219.402; Minnesota Statutes 1999 
  1.9             Supplement, sections 174A.02, subdivision 4; 174A.06; 
  1.10            and 221.031, subdivision 1; repealing Minnesota 
  1.11            Statutes 1998, sections 174A.01; 174A.02, subdivision 
  1.12            5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 
  1.13            219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 
  1.14            219.70; 219.71; 219.741; 219.743; 219.751; 219.755; 
  1.15            219.85; 219.97; and 222.633; Minnesota Rules, part 
  1.16            8850.6900. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1998, section 174.02, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  1.21  The commissioner may appear as a party on behalf of the public 
  1.22  in any proceeding or matter before the interstate commerce 
  1.23  commission, the civil aeronautics surface transportation board 
  1.24  or any other agency or instrumentality of government which that 
  1.25  regulates public services or rates relating to transportation or 
  1.26  other matters related to the powers and responsibilities of the 
  1.27  commissioner as prescribed by law.  The commissioner shall 
  1.28  appear as a party on behalf of the public in proceedings before 
  1.29  the transportation regulation board as provided by law on 
  1.30  matters which that directly relate to the powers and duties of 
  1.31  the commissioner or which substantially affect the statewide 
  2.1   transportation plan.  On all other transportation matters the 
  2.2   commissioner may appear before the transportation regulation 
  2.3   board. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 174.02, 
  2.5   subdivision 5, is amended to read: 
  2.6      Subd. 5.  [COOPERATION.] To facilitate the development of a 
  2.7   unified and coordinated intrastate and interstate transportation 
  2.8   system: 
  2.9      (a) The commissioner shall maintain close liaison, 
  2.10  coordination and cooperation with the private sectors of 
  2.11  transportation, the upper great lakes seaway development 
  2.12  commission corporation, and any multistate organization involved 
  2.13  in transportation issues affecting the state;. 
  2.14     (b) The commissioner shall participate in the planning, 
  2.15  regulation and development of the port authorities of the state; 
  2.16  and. 
  2.17     (c) The commissioner or the commissioner's designee shall 
  2.18  be is a nonvoting, ex officio member of the metropolitan 
  2.19  airports commission, as organized and established under sections 
  2.20  473.601 to 473.679. 
  2.21     (d) The commissioner shall cooperate with all federal 
  2.22  agencies for the purpose of harmonizing state and federal 
  2.23  regulations within the state to the extent and in the manner 
  2.24  deemed advisable. 
  2.25     (e) The commissioner may conduct joint hearings with any 
  2.26  federal agency within or outside the state and, to the extent 
  2.27  allowed under federal law or regulation, may approve and 
  2.28  establish freight rates and charges that depart from the 
  2.29  distance principle required by any state law. 
  2.30     (f) The commissioner may nominate members to any joint 
  2.31  board as provided by federal acts. 
  2.32     Sec. 3.  Minnesota Statutes 1998, section 174.10, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [NOTICE OF CONTESTED CASE; FEE.] The 
  2.35  commissioner in any contested case before the transportation 
  2.36  regulation board that involves a motor carrier or common carrier 
  3.1   by rail as a party shall give reasonable notice to 
  3.2   representatives of associations or other interested groups or 
  3.3   persons who have registered their names with the board 
  3.4   commissioner for that purpose, to all parties and to cities and 
  3.5   municipalities which that the board commissioner deems to be 
  3.6   interested in the proceeding.  The commissioner may prescribe an 
  3.7   annual fee to be credited to the general fund, which fee shall 
  3.8   be as a charge to all registered groups or persons.  The fee 
  3.9   must be credited to the general fund.  This charge is to cover 
  3.10  the out-of-pocket costs involved in giving such providing the 
  3.11  notice. 
  3.12     Sec. 4.  Minnesota Statutes 1998, section 174.10, 
  3.13  subdivision 3, is amended to read: 
  3.14     Subd. 3.  [PROSECUTION.] In proceedings which that involve 
  3.15  a hearing before the transportation regulation board motor 
  3.16  carrier or common carrier by rail as a party, the matter shall 
  3.17  must be investigated and prosecuted before the board heard by 
  3.18  the commissioner of transportation representing the interests of 
  3.19  the people of this state as authorized by law.  
  3.20     Sec. 5.  Minnesota Statutes 1998, section 174.10, 
  3.21  subdivision 4, is amended to read: 
  3.22     Subd. 4.  [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in 
  3.23  any proceeding before the transportation regulation board 
  3.24  relating to or involving the reasonableness of rates, fares, 
  3.25  charges, or classifications, the board commissioner decides that 
  3.26  it the department does not have jurisdiction because the traffic 
  3.27  covered by the rates, fares, charges, or classifications is 
  3.28  interstate commerce, the transportation regulation 
  3.29  board commissioner shall issue an order dismissing the 
  3.30  proceeding and stating the ground of the dismissal, which order 
  3.31  may be appealed from in like manner as other appealable orders. 
  3.32     Sec. 6.  Minnesota Statutes 1998, section 174A.02, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [COMMISSIONER'S POWERS GENERALLY.] Some of 
  3.35  the functions of the transportation regulation board shall be 
  3.36  legislative and commissioner of transportation, related to motor 
  4.1   carriers and common carriers by rail, are quasi-judicial in 
  4.2   nature.  It The commissioner may make such investigations and 
  4.3   determinations, hold such hearings, prescribe such rules, and 
  4.4   issue such orders with respect to the control and conduct of the 
  4.5   carrier businesses coming within its the commissioner's 
  4.6   jurisdiction as the legislature itself might make but only as it 
  4.7   shall from time to time authorize authorized by law.  
  4.8      Sec. 7.  Minnesota Statutes 1998, section 174A.02, 
  4.9   subdivision 2, is amended to read: 
  4.10     Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 
  4.11  extent allowed under federal law or regulation, the board 
  4.12  commissioner shall further hold hearings and issue orders in 
  4.13  cases brought before it by either the commissioner on the 
  4.14  commissioner's own motion or by a third party in the following 
  4.15  areas:  
  4.16     (a) (1) adequacy of services which that carriers are 
  4.17  providing to the public, including the continuation, termination 
  4.18  or modification of services and facilities.; 
  4.19     (b) The (2) reasonableness of tariffs of rates, fares, and 
  4.20  charges, or a part or classification thereof of a tariff; and 
  4.21     (3) issuing permits.  
  4.22     (b) For purposes of paragraph (a), clause (2), the board 
  4.23  commissioner may authorize common carriers by rail and 
  4.24  motor carrier carriers for hire to file tariffs of rates, fares, 
  4.25  and charges individually or by group.  Carriers participating in 
  4.26  group rate making have the free and unrestrained right to take 
  4.27  independent action either before or after a determination 
  4.28  arrived at through such that procedure.  
  4.29     (c) The issuing of franchises, permits, or certificates of 
  4.30  convenience and necessity.  
  4.31     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
  4.32  174A.02, subdivision 4, is amended to read: 
  4.33     Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
  4.34  within its the commissioner's jurisdiction, the board 
  4.35  commissioner shall receive, hear, and determine all petitions 
  4.36  filed with it the commissioner in accordance with the procedures 
  5.1   established by law and may hold hearings and make determinations 
  5.2   upon its the commissioner's own motion to the same extent, and 
  5.3   in every instance, in which it the commissioner may do so upon 
  5.4   petition.  Upon receiving petitions filed pursuant to sections 
  5.5   221.121, subdivision 1, 221.151, 221.296, and 221.55, the board 
  5.6   commissioner shall give notice of the filing of the petition to 
  5.7   representatives of associations or other interested groups or 
  5.8   persons who have registered their names with the board 
  5.9   commissioner for that purpose and to whomever the board 
  5.10  commissioner deems to be interested in the petition.  The board 
  5.11  commissioner may grant or deny the request of the petition 30 
  5.12  days after notice of the filing has been fully given.  If 
  5.13  the board commissioner receives a written objection and notice 
  5.14  of intent to appear at a hearing to object to the petition from 
  5.15  any person within 20 days of the notice having been fully given, 
  5.16  the request of the petition shall must be granted or denied only 
  5.17  after a contested case hearing has been conducted on the 
  5.18  petition, unless the objection is withdrawn prior to before the 
  5.19  hearing.  The board commissioner may elect to hold a contested 
  5.20  case hearing if no objections to the petition are received.  If 
  5.21  a timely objection is not received, or if received and 
  5.22  withdrawn, and the request of the petition is denied without 
  5.23  hearing, the petitioner may request within 30 days of receiving 
  5.24  the notice of denial, and shall must be granted, a contested 
  5.25  case hearing on the petition. 
  5.26     Sec. 9.  Minnesota Statutes 1998, section 174A.04, is 
  5.27  amended to read: 
  5.28     174A.04 [HEARINGS AND APPEALS.] 
  5.29     Subdivision 1.  [HEARINGS.] All hearings related to common 
  5.30  carriers by rail or motor carriers and required to be conducted 
  5.31  by the commissioner of transportation regulation board shall 
  5.32  must be conducted pursuant to sections 14.001 to 14.69.  
  5.33     Subd. 2.  [APPEALS.] An appeal from an order of the 
  5.34  commissioner must be in accordance with chapter 14. 
  5.35     Sec. 10.  Minnesota Statutes 1999 Supplement, section 
  5.36  174A.06, is amended to read: 
  6.1      174A.06 [CONTINUATION OF RULES.] 
  6.2      (a) Orders and directives in force, issued, or promulgated 
  6.3   under authority of chapters 174A, 216A, 218, 219, 221, and 222 
  6.4   remain and continue in force and effect until repealed, 
  6.5   modified, or superseded by duly authorized orders or directives 
  6.6   of the commissioner of transportation.  To the extent allowed 
  6.7   under federal law or regulation, rules adopted under authority 
  6.8   of the following sections are transferred to the commissioner of 
  6.9   transportation and continue in force and effect until repealed, 
  6.10  modified, or superseded by duly authorized rules of the 
  6.11  commissioner:  
  6.12     (1) section 218.041 except rules related to the form and 
  6.13  manner of filing railroad rates, railroad accounting rules, and 
  6.14  safety rules; 
  6.15     (2) section 219.40; 
  6.16     (3) rules relating to rates or tariffs, or the granting, 
  6.17  limiting, or modifying of permits or certificates of convenience 
  6.18  and necessity under section 221.031, subdivision 1; 
  6.19     (4) rules relating to the sale, assignment, pledge, or 
  6.20  other transfer of a stock interest in a corporation holding 
  6.21  authority to operate as a permit carrier as prescribed in 
  6.22  section 221.151, subdivision 1, or a local cartage carrier under 
  6.23  section 221.296, subdivision 8; 
  6.24     (5) rules relating to rates, charges, and practices under 
  6.25  section 221.161, subdivision 4; and 
  6.26     (6) rules relating to rates, tariffs, or the granting, 
  6.27  limiting, or modifying of permits under sections 221.121, and 
  6.28  221.151, and 221.296.  
  6.29     (b) The commissioner shall review the transferred rules, 
  6.30  orders, and directives and, when appropriate, develop and adopt 
  6.31  new rules, orders, or directives. 
  6.32     Sec. 11.  Minnesota Statutes 1998, section 219.402, is 
  6.33  amended to read: 
  6.34     219.402 [ADEQUATE CROSSING PROTECTION.] 
  6.35     Crossing warning devices or improvements installed or 
  6.36  maintained under this chapter as approved by the commissioner or 
  7.1   any predecessor, whether by order or otherwise, are adequate and 
  7.2   appropriate warning for the crossing. 
  7.3      Sec. 12.  Minnesota Statutes 1999 Supplement, section 
  7.4   221.031, subdivision 1, is amended to read: 
  7.5      Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
  7.6   This subdivision applies to motor carriers engaged in intrastate 
  7.7   commerce. 
  7.8      (b) The commissioner shall prescribe rules for the 
  7.9   operation of motor carriers, including their facilities; 
  7.10  accounts; leasing of vehicles and drivers; service; safe 
  7.11  operation of vehicles; equipment, parts, and accessories; hours 
  7.12  of service of drivers; driver qualifications; accident 
  7.13  reporting; identification of vehicles; installation of safety 
  7.14  devices; inspection, repair, and maintenance; and proper 
  7.15  automatic speed regulators if, in the opinion of the 
  7.16  commissioner, there is a need for the rules.  
  7.17     (c) The commissioner shall direct the repair and 
  7.18  reconstruction or replacement of an inadequate or unsafe motor 
  7.19  carrier vehicle or facility.  The commissioner may require the 
  7.20  construction and maintenance or furnishing of suitable and 
  7.21  proper freight terminals, passenger depots, waiting rooms, and 
  7.22  accommodations or shelters in a city in this state or at a point 
  7.23  on the highway traversed which that the commissioner, after 
  7.24  investigation by the department, may deem just and proper for 
  7.25  the protection of passengers or property.  
  7.26     (d) The commissioner shall require holders of household 
  7.27  goods mover permits to file annual and other reports including 
  7.28  annual accounts of motor carriers, schedules of rates and 
  7.29  charges, or other data by motor carriers, regulate motor 
  7.30  carriers in matters affecting the relationship between them and 
  7.31  the traveling and shipping public, and prescribe other rules as 
  7.32  may be necessary to carry out the provisions of this chapter.  
  7.33     (e) A motor carrier subject to paragraph (d) but having 
  7.34  gross revenues from for-hire transportation in a calendar year 
  7.35  of less than $200,000 may, at the discretion of the 
  7.36  commissioner, be exempted from the filing of an annual report, 
  8.1   if, instead, the motor carrier files an abbreviated annual 
  8.2   report, in a form as may be prescribed by the commissioner, 
  8.3   attesting that the motor carrier's gross revenues did not exceed 
  8.4   $200,000 in the previous calendar year.  Motor carrier gross 
  8.5   revenues from for-hire transportation, for the purposes of this 
  8.6   subdivision only, do not include gross revenues received from 
  8.7   the operation of school buses as defined in section 169.01, 
  8.8   subdivision 6. 
  8.9      (f) The commissioner shall enforce sections 169.781 to 
  8.10  169.783. 
  8.11     Sec. 13.  [TRANSFERRING CARRIER REGULATORY 
  8.12  RESPONSIBILITIES.] 
  8.13     (a) Responsibilities, as defined in Minnesota Statutes, 
  8.14  section 15.039, subdivision 1, held by the transportation 
  8.15  regulation board including, but not limited to, responsibilities 
  8.16  relating to administration, regulation, recordkeeping, operating 
  8.17  authority, permitting, rate making, rulemaking, and enforcement 
  8.18  of transportation laws, rules, and regulations relating to motor 
  8.19  carriers and common carriers by rail under Minnesota Statutes, 
  8.20  chapters 218, 219, 221, and 222, are transferred to the 
  8.21  commissioner of the Minnesota department of transportation under 
  8.22  Minnesota Statutes, section 15.039. 
  8.23     (b) The legislative and quasi-judicial functions and powers 
  8.24  conferred on the board under Minnesota Statutes, chapter 174A, 
  8.25  are also transferred to the commissioner.  
  8.26     (c) The position of transportation regulation board member 
  8.27  and the transportation regulation board as previously 
  8.28  constituted are abolished.  
  8.29     Sec. 14.  [INSTRUCTIONS TO REVISOR.] 
  8.30     (a) Except when used in the phrases to be changed by the 
  8.31  revisor under paragraph (b), the revisor of statutes is directed 
  8.32  to change the word "board" or "board's," or similar term or 
  8.33  phrase, when it refers to the transportation regulation board, 
  8.34  to the term "commissioner," "commissioner's," or "commissioner 
  8.35  of transportation," as appropriate, where it appears in: 
  8.36     (1) Minnesota Statutes, sections 174A.02, subdivision 3; 
  9.1   221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 
  9.2   6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 
  9.3   subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 
  9.4   221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 
  9.5   subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 
  9.6   221.55; and 
  9.7      (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 
  9.8      (b) The revisor of statutes is directed to change the 
  9.9   phrases "board or commissioner," "commissioner or board," "board 
  9.10  or the commissioner," "commissioner or the board," "commissioner 
  9.11  and the board," "commissioner and board," "board and the 
  9.12  commissioner," "board and commissioner," "department and board," 
  9.13  "board or department," and "board and the department," when the 
  9.14  word "board" refers to the transportation regulation board, to 
  9.15  the term "commissioner," or "commissioner of transportation," as 
  9.16  appropriate, where it appears in: 
  9.17     (1) Minnesota Statutes, sections 221.011, subdivision 15; 
  9.18  221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 
  9.19  subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 
  9.20  and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 
  9.21  221.295; 221.296, subdivisions 3 and 4; and 221.68; and 
  9.22     (2) Minnesota Rules, chapter 8850. 
  9.23     (c) Except when amended accordingly in sections 1 to 12, 
  9.24  the revisor of statutes is directed to change the words 
  9.25  "transportation regulation board" to "commissioner of 
  9.26  transportation" wherever they appear in Minnesota Statutes and 
  9.27  Minnesota Rules. 
  9.28     (d) In Minnesota Statutes, the revisor of statutes shall 
  9.29  renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 
  9.30  174A.06 as 174.66. 
  9.31     (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 
  9.32  of statutes shall change the term "commission" to "commissioner 
  9.33  of transportation" or "commissioner," as appropriate. 
  9.34     (f) The revisor of statutes shall make other changes in 
  9.35  chapter titles; section, subdivision, part, and subpart 
  9.36  headnotes; and in other terminology necessary as a result of the 
 10.1   enactment of sections 1 to 15. 
 10.2      Sec. 15.  [REPEALER.] 
 10.3      Minnesota Statutes 1998, sections 174A.01; 174A.02, 
 10.4   subdivision 5; 174A.03; 174A.05; 219.383; 219.558; 219.559; 
 10.5   219.56; 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 
 10.6   219.71; 219.741; 219.743; 219.751; 219.755; 219.85; 219.97; and 
 10.7   222.633, are repealed.  Minnesota Rules, part 8850.6900, is 
 10.8   repealed. 
 10.9      Sec. 16.  [EFFECTIVE DATE.] 
 10.10     Sections 1 to 15 are effective retroactively from July 1, 
 10.11  1996.