1.1                          A bill for an act 
  1.2             relating to transportation; allowing the commissioner 
  1.3             of transportation to convey interest in certain land 
  1.4             to property owners; allowing interest on repayment of 
  1.5             money advanced to department of transportation for 
  1.6             interregional transportation corridor development; 
  1.7             modifying provisions for speed limits in highway work 
  1.8             zones; transferring responsibility for distributing 
  1.9             certain funds for highway safety to commissioner of 
  1.10            public safety; transferring responsibilities from 
  1.11            transportation regulation board to commissioner of 
  1.12            transportation; modifying transportation revolving 
  1.13            loan fund provisions; making technical and clarifying 
  1.14            changes; modifying provisions relating to statewide 
  1.15            communications system; amending Minnesota Statutes 
  1.16            1998, sections 161.24, subdivision 4; 169.14, 
  1.17            subdivision 5d; 174.02, subdivisions 4 and 5; 174.10, 
  1.18            subdivisions 1, 3, and 4; 174A.02, subdivisions 1 and 
  1.19            2; 174A.04; 218.031, subdivision 2; 218.041, 
  1.20            subdivisions 4, 5, and 6; 219.384, subdivision 2; 
  1.21            219.402; and 446A.085, as amended; Minnesota Statutes 
  1.22            1999 Supplement, sections 171.29, subdivision 2; 
  1.23            174.70, subdivisions 2 and 3; 174A.02, subdivision 4; 
  1.24            174A.06; 219.074, subdivision 2; and 221.031, 
  1.25            subdivision 1; amending Laws 1999, chapter 238, 
  1.26            article 1, section 2, subdivision 7; proposing coding 
  1.27            for new law in Minnesota Statutes, chapter 161; 
  1.28            repealing Minnesota Statutes 1998, sections 174A.01; 
  1.29            174A.02, subdivision 5; 174A.03; 174A.05; 218.021; 
  1.30            218.025; 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 
  1.31            and 10; 218.041, subdivisions 1, 2, 7, and 8; 219.558; 
  1.32            219.559; 219.56; 219.681; 219.69; 219.691; 219.692; 
  1.33            219.695; 219.70; 219.71; 219.741; 219.743; 219.751; 
  1.34            219.755; 219.85; 219.97; 222.631; 222.632; and 222.633.
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36     Section 1.  Minnesota Statutes 1998, section 161.24, 
  1.37  subdivision 4, is amended to read: 
  1.38     Subd. 4.  [ACCESS TO ISOLATED PROPERTY.] When the 
  1.39  establishment, construction, or reconstruction of a trunk 
  1.40  highway closes off any other highway or street, including a city 
  2.1   ~~streets~~ street, private road, or entrance at the boundary 
  2.2   of ~~such~~ the trunk highway, the commissioner may, in mitigation 
  2.3   of damages~~,~~ or in the interest of safety and convenient public 
  2.4   travel, construct a road either within ~~the limits of the trunk~~ 
  2.5   ~~highway,~~ or ~~without~~ outside the limits of the trunk highway, 
  2.6   connecting the ~~closed off~~ closed-off highway, street, private 
  2.7   road, or entrance with another public highway.  In determining 
  2.8   whether to build the road within or ~~without~~ outside the limits 
  2.9   of the trunk highway, the commissioner may take into 
  2.10  consideration economy to the state and local traffic needs.  The 
  2.11  commissioner, in mitigation of damages, may connect the ~~closed~~ 
  2.12  ~~off~~ closed-off private road with the remaining portion of the 
  2.13  private road or with another private road.  All lands 
  2.14  necessary ~~therefor~~ for that purpose may be acquired by purchase, 
  2.15  gift, or condemnation.  Notwithstanding section 161.43 or 
  2.16  161.44, the commissioner may convey and quitclaim a fee title or 
  2.17  easement held or owned by the state in land used to connect with 
  2.18  a private road to the property owners served by the road. 
  2.19     Sec. 2.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
  2.20  CORRIDOR DEVELOPMENT.] 
  2.21     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
  2.22  the commissioner, a road authority other than the commissioner 
  2.23  or two or more road authorities that have entered into a joint 
  2.24  powers agreement under section 471.59 may make advances from any 
  2.25  available funds to the commissioner to expedite development of 
  2.26  an interregional transportation corridor, including funds for 
  2.27  design consultants, for purchasing right-of-way, for 
  2.28  construction, or for other related expenditures. 
  2.29     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
  2.30  money, the commissioner shall repay the amount advanced under 
  2.31  this section, up to the state's share of costs, under terms of 
  2.32  the agreement.  The agreement may provide for payment of 
  2.33  interest on the amount of advanced funds.  The maximum interest 
  2.34  rate that may be paid is the rate earned by the state on 
  2.35  invested treasurer's cash for the month before the date the 
  2.36  agreement is executed or the actual interest paid by the road 
  3.1   authority in borrowing for the amount advanced, whichever rate 
  3.2   is less.  The total amount of annual repayment to road 
  3.3   authorities under this section must never exceed the amount 
  3.4   stated in the department's debt management policy or 
  3.5   $10,000,000, whichever is less. 
  3.6      Sec. 3.  Minnesota Statutes 1998, section 169.14, 
  3.7   subdivision 5d, is amended to read: 
  3.8      Subd. 5d.  [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 
  3.9   commissioner, on trunk highways and temporary trunk highways, 
  3.10  and local authorities, on streets and highways under their 
  3.11  jurisdiction, may authorize the use of reduced maximum speed 
  3.12  limits in highway work zones.  The commissioner or local 
  3.13  authority is not required to conduct an engineering and traffic 
  3.14  investigation before authorizing a reduced speed limit in a 
  3.15  highway work zone. 
  3.16     (b) The minimum highway work zone speed limit is 20 miles 
  3.17  per hour.  The work zone speed limit must not reduce the 
  3.18  established speed limit on the affected street or highway by 
  3.19  more than 15 miles per hour, except that the highway work zone 
  3.20  speed limit shall not exceed 40 miles per hour.  The 
  3.21  commissioner or local authority shall post the limits of the 
  3.22  work zone.  Highway work zone speed limits are effective on 
  3.23  erection of appropriate regulatory speed limit signs.  The signs 
  3.24  must be removed or covered when they are not required.  A speed 
  3.25  greater than the posted highway work zone speed limit is 
  3.26  unlawful.  
  3.27     (c) Notwithstanding paragraph (b), on divided highways, the 
  3.28  commissioner or local authority may establish a highway work 
  3.29  zone speed limit that does not exceed 55 miles per hour. 
  3.30     ~~(c)~~ (d) For purposes of this subdivision, "highway work 
  3.31  zone" means a segment of highway or street where a road 
  3.32  authority or its agent is constructing, reconstructing, or 
  3.33  maintaining the physical structure of the roadway, its 
  3.34  shoulders, or features adjacent to the roadway, including 
  3.35  underground and overhead utilities and highway appurtenances, 
  3.36  when workers are present. 
  4.1      ~~(d)~~ (e) Notwithstanding section 609.0331 or 609.101 or 
  4.2   other law to the contrary, a person who violates a speed limit 
  4.3   established under paragraph (b) or (c), or who violates any 
  4.4   other provision of this section while in a highway work zone, is 
  4.5   assessed an additional surcharge equal to the amount of the fine 
  4.6   imposed for the speed violation, but not less than $25. 
  4.7      Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  4.8   171.29, subdivision 2, is amended to read: 
  4.9      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  4.10  license has been revoked as provided in subdivision 1, except 
  4.11  under section 169.121 or 169.123, shall pay a $30 fee before the 
  4.12  driver's license is reinstated. 
  4.13     (b) A person whose driver's license has been revoked as 
  4.14  provided in subdivision 1 under section 169.121 or 169.123 shall 
  4.15  pay a $250 fee plus a $40 surcharge before the driver's license 
  4.16  is reinstated.  The $250 fee is to be credited as follows: 
  4.17     (1) Twenty percent ~~shall~~ must be credited to the trunk 
  4.18  highway fund. 
  4.19     (2) Fifty-five percent ~~shall~~ must be credited to the 
  4.20  general fund. 
  4.21     (3) Eight percent ~~shall~~ must be credited to a separate 
  4.22  account to be known as the bureau of criminal apprehension 
  4.23  account.  Money in this account may be appropriated to the 
  4.24  commissioner of public safety and the appropriated amount ~~shall~~ 
  4.25  must be apportioned 80 percent for laboratory costs and 20 
  4.26  percent for carrying out the provisions of section 299C.065. 
  4.27     (4) Twelve percent ~~shall~~ must be credited to a separate 
  4.28  account to be known as the alcohol-impaired driver education 
  4.29  account.  Money in the account is appropriated as follows: 
  4.30     (i) The first $200,000 in a fiscal year ~~is~~ to the 
  4.31  commissioner of children, families, and learning for programs 
  4.32  for elementary and secondary school students~~.~~; and 
  4.33     (ii) The remainder credited in a fiscal year ~~is~~ 
  4.34  ~~appropriated~~ to the commissioner of ~~transportation~~ public safety 
  4.35  to be spent as grants to the Minnesota highway safety center at 
  4.36  St. Cloud State University for programs relating to alcohol and 
  5.1   highway safety education in elementary and secondary schools. 
  5.2      (5) Five percent ~~shall~~ must be credited to a separate 
  5.3   account to be known as the traumatic brain injury and spinal 
  5.4   cord injury account.  The money in the account is annually 
  5.5   appropriated to the commissioner of health to be used as 
  5.6   follows:  35 percent for a contract with a qualified 
  5.7   community-based organization to provide information, resources, 
  5.8   and support to assist persons with traumatic brain injury and 
  5.9   their families to access services, and 65 percent to maintain 
  5.10  the traumatic brain injury and spinal cord injury registry 
  5.11  created in section 144.662.  For the purposes of this clause, a 
  5.12  "qualified community-based organization" is a private, 
  5.13  not-for-profit organization of consumers of traumatic brain 
  5.14  injury services and their family members.  The organization must 
  5.15  be registered with the United States Internal Revenue Service 
  5.16  under the provisions of section 501(c)(3) as a tax-exempt 
  5.17  organization and must have as its purposes:  
  5.18     (i) the promotion of public, family, survivor, and 
  5.19  professional awareness of the incidence and consequences of 
  5.20  traumatic brain injury; 
  5.21     (ii) the provision of a network of support for persons with 
  5.22  traumatic brain injury, their families, and friends; 
  5.23     (iii) the development and support of programs and services 
  5.24  to prevent traumatic brain injury; 
  5.25     (iv) the establishment of education programs for persons 
  5.26  with traumatic brain injury; and 
  5.27     (v) the empowerment of persons with traumatic brain injury 
  5.28  through participation in its governance. 
  5.29     No patient's name, identifying information or identifiable 
  5.30  medical data will be disclosed to the organization without the 
  5.31  informed voluntary written consent of the patient or patient's 
  5.32  guardian, or if the patient is a minor, of the parent or 
  5.33  guardian of the patient. 
  5.34     (c) The $40 surcharge ~~shall~~ must be credited to a separate 
  5.35  account to be known as the remote electronic alcohol monitoring 
  5.36  program account.  The commissioner shall transfer the balance of 
  6.1   this account to the commissioner of finance on a monthly basis 
  6.2   for deposit in the general fund. 
  6.3      (d) When these fees are collected by a county-operated 
  6.4   office of deputy registrar, a handling charge is imposed in the 
  6.5   amount specified under section 168.33, subdivision 7.  The 
  6.6   handling charge must be deposited in the treasury of the place 
  6.7   for which the deputy registrar was appointed and the 
  6.8   reinstatement fees and surcharge must be deposited in an 
  6.9   approved state depository as directed under section 168.33, 
  6.10  subdivision 2. 
  6.11     Sec. 5.  Minnesota Statutes 1998, section 174.02, 
  6.12  subdivision 4, is amended to read: 
  6.13     Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  6.14  The commissioner may appear as a party on behalf of the public 
  6.15  in any proceeding or matter before the ~~interstate commerce~~ 
  6.16  ~~commission, the civil aeronautics~~ surface transportation board 
  6.17  or any other agency or instrumentality of government ~~which~~ that 
  6.18  regulates public services or rates relating to transportation or 
  6.19  other matters related to the powers and responsibilities of the 
  6.20  commissioner as prescribed by law.  The commissioner shall 
  6.21  appear as a party on behalf of the public in proceedings ~~before~~ 
  6.22  ~~the transportation regulation board~~ as provided by law on 
  6.23  matters ~~which~~ that directly relate to the powers and duties of 
  6.24  the commissioner or ~~which~~ substantially affect the statewide 
  6.25  transportation plan.  ~~On all other transportation matters the~~ 
  6.26  ~~commissioner may appear before the transportation regulation~~ 
  6.27  ~~board.~~ 
  6.28     Sec. 6.  Minnesota Statutes 1998, section 174.02, 
  6.29  subdivision 5, is amended to read: 
  6.30     Subd. 5.  [COOPERATION.] To facilitate the development of a 
  6.31  unified and coordinated intrastate and interstate transportation 
  6.32  system: 
  6.33     (a) The commissioner shall maintain close liaison, 
  6.34  coordination and cooperation with the private sectors of 
  6.35  transportation, the upper great lakes seaway development 
  6.36  commission corporation, and any multistate organization involved 
  7.1   in transportation issues affecting the state~~;~~. 
  7.2      (b) The commissioner shall participate in the planning, 
  7.3   regulation and development of the port authorities of the state~~;~~ 
  7.4   ~~and~~. 
  7.5      (c) The commissioner or the commissioner's designee ~~shall~~ 
  7.6   ~~be~~ is a nonvoting~~, ex officio~~ member of the metropolitan 
  7.7   airports commission, as organized and established under sections 
  7.8   473.601 to 473.679. 
  7.9      (d) The commissioner shall cooperate with all federal 
  7.10  agencies for the purpose of harmonizing state and federal 
  7.11  regulations within the state to the extent and in the manner 
  7.12  deemed advisable. 
  7.13     (e) The commissioner may conduct joint hearings with any 
  7.14  federal agency within or outside the state and, to the extent 
  7.15  allowed under federal law or regulation, may approve and 
  7.16  establish freight rates and charges that depart from the 
  7.17  distance principle required by any state law. 
  7.18     (f) The commissioner may nominate members to any joint 
  7.19  board as provided by federal acts. 
  7.20     Sec. 7.  Minnesota Statutes 1998, section 174.10, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [NOTICE OF CONTESTED CASE; FEE.] The 
  7.23  commissioner in any contested case ~~before the transportation~~ 
  7.24  ~~regulation board~~ that involves a motor carrier or common carrier 
  7.25  by rail as a party shall give reasonable notice to 
  7.26  representatives of associations or other interested groups or 
  7.27  persons who have registered their names with the ~~board~~ 
  7.28  commissioner for that purpose, to all parties and to cities and 
  7.29  municipalities ~~which~~ that the ~~board~~ commissioner deems to be 
  7.30  interested in the proceeding.  The commissioner may prescribe an 
  7.31  annual fee ~~to be credited to the general fund, which fee shall~~ 
  7.32  ~~be~~ as a charge to all registered groups or persons.  The fee 
  7.33  must be credited to the general fund.  This charge is to cover 
  7.34  the out-of-pocket costs involved in ~~giving such~~ providing the 
  7.35  notice. 
  7.36     Sec. 8.  Minnesota Statutes 1998, section 174.10, 
  8.1   subdivision 3, is amended to read: 
  8.2      Subd. 3.  [PROSECUTION.] In proceedings ~~which~~ that involve 
  8.3   a ~~hearing before the transportation regulation board~~ motor 
  8.4   carrier or common carrier by rail as a party, the matter ~~shall~~ 
  8.5   must be ~~investigated and prosecuted before the board~~ heard by 
  8.6   the commissioner ~~of transportation representing the interests of~~ 
  8.7   ~~the people of this state~~ as authorized by law.  
  8.8      Sec. 9.  Minnesota Statutes 1998, section 174.10, 
  8.9   subdivision 4, is amended to read: 
  8.10     Subd. 4.  [~~WHEN BOARD LACKS~~ LACK OF JURISDICTION.] If, in 
  8.11  any proceeding ~~before the transportation regulation board~~ 
  8.12  ~~relating to or involving the reasonableness of rates, fares,~~ 
  8.13  ~~charges, or classifications,~~ the ~~board~~ commissioner decides that 
  8.14  ~~it~~ the department does not have jurisdiction ~~because the traffic~~ 
  8.15  ~~covered by the rates, fares, charges, or classifications is~~ 
  8.16  ~~interstate commerce~~, the ~~transportation regulation~~ 
  8.17  ~~board~~ commissioner shall issue an order dismissing the 
  8.18  proceeding and stating the ground of the dismissal~~, which order~~ 
  8.19  ~~may be appealed from in like manner as other appealable orders~~. 
  8.20     Sec. 10.  Minnesota Statutes 1999 Supplement, section 
  8.21  174.70, subdivision 2, is amended to read: 
  8.22     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
  8.23  construction of ~~the initial backbone of the~~ a statewide 
  8.24  communications system ~~described in subdivision 1~~ and to reduce 
  8.25  the proliferation of communications towers, the 
  8.26  commissioner ~~shall~~ may, by purchase, lease, gift, exchange, or 
  8.27  other means, obtain sites for the erection of towers and the 
  8.28  location of equipment and ~~shall~~ may construct buildings and 
  8.29  structures needed for developing the communications system.  The 
  8.30  commissioner may negotiate with commercial wireless service 
  8.31  providers and telecommunications infrastructure developers to 
  8.32  obtain sites, towers, and equipment.  Notwithstanding sections 
  8.33  161.433, 161.434, 161.45, and 161.46, the commissioner may by 
  8.34  agreement allow commercial wireless service providers to install 
  8.35  privately owned equipment on state-owned lands, buildings, and 
  8.36  other structures under the jurisdiction of the commissioner when 
  9.1   it is practical and feasible to do so.  The commissioner shall 
  9.2   charge a site use fee for the value of the property or structure 
  9.3   made available.  In lieu of a site use fee, the commissioner may 
  9.4   make agreements with commercial wireless service providers to 
  9.5   place state equipment on privately owned towers and may accept 
  9.6   (1) improvements to state-owned public ~~safety~~ communications 
  9.7   system facilities or real or personal property, or (2) services 
  9.8   provided by a commercial wireless service provider.  
  9.9      Sec. 11.  Minnesota Statutes 1999 Supplement, section 
  9.10  174.70, subdivision 3, is amended to read: 
  9.11     Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
  9.12  under subdivision 2 must be deposited in the trunk highway 
  9.13  fund.  The fees ~~so~~ collected are appropriated to the 
  9.14  commissioner to pay for ~~the commissioner's share and state~~ 
  9.15  ~~patrol's share of the costs of constructing~~ developing and 
  9.16  maintaining the ~~communication~~ communications system ~~sites~~. 
  9.17     Sec. 12.  Minnesota Statutes 1998, section 174A.02, 
  9.18  subdivision 1, is amended to read: 
  9.19     Subdivision 1.  [COMMISSIONER'S POWERS GENERALLY.] Some of 
  9.20  the functions of the ~~transportation regulation board shall be~~ 
  9.21  ~~legislative and~~ commissioner of transportation, related to motor 
  9.22  carriers and common carriers by rail, are quasi-judicial in 
  9.23  nature.  ~~It~~ The commissioner may make ~~such~~ investigations and 
  9.24  determinations, hold ~~such~~ hearings, prescribe ~~such~~ rules, and 
  9.25  issue ~~such~~ orders with respect to the control and conduct of the 
  9.26  carrier businesses coming within ~~its~~ the commissioner's 
  9.27  jurisdiction as ~~the legislature itself might make but only as it~~ 
  9.28  ~~shall from time to time authorize~~ authorized by law.  
  9.29     Sec. 13.  Minnesota Statutes 1998, section 174A.02, 
  9.30  subdivision 2, is amended to read: 
  9.31     Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 
  9.32  extent allowed under federal law or regulation, the ~~board~~ 
  9.33  commissioner shall further hold hearings and issue orders in 
  9.34  cases brought ~~before it by either the commissioner~~ on the 
  9.35  commissioner's own motion or by a third party in the following 
  9.36  areas:  
 10.1      ~~(a)~~ (1) adequacy of services ~~which~~ that carriers are 
 10.2   providing to the public, including the continuation, termination 
 10.3   or modification of services and facilities~~.~~; 
 10.4      ~~(b) The~~ (2) reasonableness of tariffs of rates, fares, and 
 10.5   charges, or a part or classification ~~thereof~~ of a tariff; and 
 10.6      (3) issuing permits.  
 10.7      (b) For purposes of paragraph (a), clause (2), the ~~board~~ 
 10.8   commissioner may authorize common carriers by rail and 
 10.9   motor ~~carrier~~ carriers for hire to file tariffs of rates, fares, 
 10.10  and charges individually or by group.  Carriers participating in 
 10.11  group rate making have the free and unrestrained right to take 
 10.12  independent action either before or after a determination 
 10.13  arrived at through ~~such~~ that procedure.  
 10.14     ~~(c) The issuing of franchises, permits, or certificates of~~ 
 10.15  ~~convenience and necessity.~~  
 10.16     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 10.17  174A.02, subdivision 4, is amended to read: 
 10.18     Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
 10.19  within ~~its~~ the commissioner's jurisdiction, the ~~board~~ 
 10.20  commissioner shall receive, hear, and determine all petitions 
 10.21  filed with ~~it~~ the commissioner in accordance with the procedures 
 10.22  established by law and may hold hearings and make determinations 
 10.23  upon ~~its~~ the commissioner's own motion to the same extent, and 
 10.24  in every instance, in which ~~it~~ the commissioner may do so upon 
 10.25  petition.  Upon receiving petitions filed pursuant to sections 
 10.26  221.121, subdivision 1, 221.151, ~~221.296,~~ and 221.55, the ~~board~~ 
 10.27  commissioner shall give notice of the filing of the petition to 
 10.28  representatives of associations or other interested groups or 
 10.29  persons who have registered their names with the ~~board~~ 
 10.30  commissioner for that purpose and to whomever the ~~board~~ 
 10.31  commissioner deems to be interested in the petition.  The ~~board~~ 
 10.32  commissioner may grant or deny the request of the petition 30 
 10.33  days after notice of the filing has been fully given.  If 
 10.34  the ~~board~~ commissioner receives a written objection and notice 
 10.35  of intent to appear at a hearing to object to the petition from 
 10.36  any person within 20 days of the notice having been fully given, 
 11.1   the request of the petition ~~shall~~ must be granted or denied only 
 11.2   after a contested case hearing has been conducted on the 
 11.3   petition, unless the objection is withdrawn ~~prior to~~ before the 
 11.4   hearing.  The ~~board~~ commissioner may elect to hold a contested 
 11.5   case hearing if no objections to the petition are received.  If 
 11.6   a timely objection is not received, or if received and 
 11.7   withdrawn, and the request of the petition is denied without 
 11.8   hearing, the petitioner may request within 30 days of receiving 
 11.9   the notice of denial, and ~~shall~~ must be granted, a contested 
 11.10  case hearing on the petition. 
 11.11     Sec. 15.  Minnesota Statutes 1998, section 174A.04, is 
 11.12  amended to read: 
 11.13     174A.04 [HEARINGS AND APPEALS.] 
 11.14     Subdivision 1.  [HEARINGS.] All hearings related to common 
 11.15  carriers by rail or motor carriers and required to be conducted 
 11.16  by the commissioner of transportation ~~regulation board shall~~ 
 11.17  must be conducted pursuant to sections 14.001 to 14.69.  
 11.18     Subd. 2.  [APPEALS.] An appeal from an order of the 
 11.19  commissioner must be in accordance with chapter 14. 
 11.20     Sec. 16.  Minnesota Statutes 1999 Supplement, section 
 11.21  174A.06, is amended to read: 
 11.22     174A.06 [CONTINUATION OF RULES.] 
 11.23     (a) Orders and directives in force, issued, or promulgated 
 11.24  under authority of chapters 174A, 216A, 218, 219, 221, and 222 
 11.25  remain and continue in force and effect until repealed, 
 11.26  modified, or superseded by duly authorized orders or directives 
 11.27  of the commissioner of transportation.  To the extent allowed 
 11.28  under federal law or regulation, rules adopted under authority 
 11.29  of the following sections are transferred to the commissioner of 
 11.30  transportation and continue in force and effect until repealed, 
 11.31  modified, or superseded by duly authorized rules of the 
 11.32  commissioner:  
 11.33     ~~(1) section 218.041 except rules related to the form and~~ 
 11.34  ~~manner of filing railroad rates, railroad accounting rules, and~~ 
 11.35  ~~safety rules;~~ 
 11.36     ~~(2)~~ (1) section 219.40; 
 12.1      ~~(3)~~ (2) rules relating to rates or tariffs, or the 
 12.2   granting, limiting, or modifying of permits or certificates of 
 12.3   convenience and necessity under section 221.031, subdivision 1; 
 12.4      ~~(4)~~ (3) rules relating to the sale, assignment, pledge, or 
 12.5   other transfer of a stock interest in a corporation holding 
 12.6   authority to operate as a permit carrier as prescribed in 
 12.7   section 221.151, subdivision 1~~, or a local cartage carrier under~~ 
 12.8   ~~section 221.296, subdivision 8~~; 
 12.9      ~~(5)~~ (4) rules relating to rates, charges, and practices 
 12.10  under section 221.161, subdivision 4; and 
 12.11     ~~(6)~~ (5) rules relating to rates, tariffs, or the granting, 
 12.12  limiting, or modifying of permits under sections 221.121~~,~~ and 
 12.13  221.151~~, and 221.296~~.  
 12.14     (b) The commissioner shall review the transferred rules, 
 12.15  orders, and directives and, when appropriate, develop and adopt 
 12.16  new rules, orders, or directives. 
 12.17     Sec. 17.  Minnesota Statutes 1998, section 218.031, 
 12.18  subdivision 2, is amended to read: 
 12.19     Subd. 2.  [INFORMATION FURNISHED COMMISSIONER.] Every 
 12.20  common carrier shall furnish to the commissioner~~:~~ 
 12.21     ~~(1) All schedules of rates, fares and charges, every part~~ 
 12.22  ~~and classification thereof, together with minimum weights and~~ 
 12.23  ~~rules with respect thereto, and any and all amendments,~~ 
 12.24  ~~modifications or changes therein.~~ 
 12.25     ~~(2) All information duly required in blanks and forms~~ 
 12.26  ~~furnished by the commissioner.~~ 
 12.27     ~~(3) A copy of all annual reports and valuation data~~ 
 12.28  ~~furnished to the Interstate Commerce Commission not later than~~ 
 12.29  ~~June 30th, covering the preceding calendar year, together with~~ 
 12.30  ~~any additional information regarding valuation of its properties~~ 
 12.31  ~~requested by the commissioner.~~ 
 12.32     ~~(4)~~ a report of accidents, wrecks and casualties occurring 
 12.33  in this state in such manner and form and at such times as 
 12.34  prescribed by the commissioner.  All such reports administered 
 12.35  by the department of public safety shall be received and 
 12.36  administered in accordance with the provisions of section 
 13.1   169.09, subdivision 13.  All other reports shall be open to 
 13.2   public inspection but shall not be admissible in evidence in any 
 13.3   suit or action for damages growing out of such accident, wreck 
 13.4   or casualty. 
 13.5      ~~(5) All tariff agreements or arrangements with other~~ 
 13.6   ~~carriers.~~ 
 13.7      ~~(6) All joint schedules of rates, fares or classifications.~~ 
 13.8      Sec. 18.  Minnesota Statutes 1998, section 218.041, 
 13.9   subdivision 4, is amended to read: 
 13.10     Subd. 4.  [COMMISSIONER DUTIES UPON PETITION.] The 
 13.11  commissioner shall, upon petition~~:~~ 
 13.12     ~~(1) At all points of intersection and crossings of~~ 
 13.13  ~~different railroads, or where two railroads are not more than~~ 
 13.14  ~~one-half mile apart, and at all terminals, prescribe ample~~ 
 13.15  ~~facilities by track connection, joint use of tracks, freight~~ 
 13.16  ~~platforms and depots, warehouses, docks over which general~~ 
 13.17  ~~merchandise is handled and forwarded, and other necessary~~ 
 13.18  ~~appliances and conveniences for the transfer, forwarding and~~ 
 13.19  ~~handling of general merchandise and parcel freight between such~~ 
 13.20  ~~railroads and between such railroads and such docks, warehouses~~ 
 13.21  ~~and vessels at such docks.~~ 
 13.22     ~~(2) Determine the proportionate share of each company in~~ 
 13.23  ~~the cost of providing connecting and transfer facilities in the~~ 
 13.24  ~~event the companies fail to agree.~~ 
 13.25     ~~(3) Direct construction, maintenance and operation at any~~ 
 13.26  ~~points prescribed by law of all side tracks and reasonable~~ 
 13.27  ~~facilities connecting any road with any grain warehouse or mill,~~ 
 13.28  ~~dock, wharf, coal yard, quarry, brick or lime kiln, sand or~~ 
 13.29  ~~gravel pit, crushed rock or concrete plant, or manufactory~~ 
 13.30  ~~adjacent thereto, and prescribe the terms therefor.~~ 
 13.31     ~~(4) Prescribe reasonable rules for handling property,~~ 
 13.32  ~~passenger, baggage, express and mail, partly over privately~~ 
 13.33  ~~owned rights-of-way and partly over highways, so that reasonable~~ 
 13.34  ~~and adequate accommodations and service may be afforded.~~ 
 13.35     ~~(5) Prescribe the extent to which any designated carrier,~~ 
 13.36  ~~upon its petition, may be relieved from the operation of the~~ 
 14.1   ~~principles established by section 218.021, subdivision 1,~~ 
 14.2   ~~clauses (5), (6) and (7).~~ 
 14.3      ~~(6)~~, direct the repair, reconstruction or replacement of 
 14.4   any inadequate or unsafe trackage, structure or facility. 
 14.5      Upon receipt of a petition for action pursuant to this 
 14.6   subdivision the commissioner shall give notice to all persons 
 14.7   known to it to have an interest in the matter and publish notice 
 14.8   of the petition in the State Register.  The commissioner may 
 14.9   grant the petition 30 days' after notice has been fully made.  
 14.10  If the commissioner receives a written objection to the petition 
 14.11  from any person within 20 days after the notice of filing has 
 14.12  been fully made, the exemption shall be granted or denied only 
 14.13  after a contested case hearing has been held on the matter.  The 
 14.14  commissioner may elect to hold a contested case hearing if no 
 14.15  objections to the petition or application are received.  If a 
 14.16  timely objection is not received and the commissioner declines 
 14.17  to act without hearing, the petitioner may request within 30 
 14.18  days of receiving a notice of denial, and shall be granted, a 
 14.19  contested case hearing on the application. 
 14.20     Sec. 19.  Minnesota Statutes 1998, section 218.041, 
 14.21  subdivision 5, is amended to read: 
 14.22     Subd. 5.  [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The 
 14.23  commissioner shall: 
 14.24     (1) investigate and determine whether any common carriers 
 14.25  are granting rebates or, in any other particular, failing to 
 14.26  comply with laws or with orders, rules or directives of the 
 14.27  commissioner; and 
 14.28     (2) ~~appear and press before the Interstate Commerce~~ 
 14.29  ~~Commission any petition, whether filed by a resident of the~~ 
 14.30  ~~state or otherwise, charging any common carrier doing business~~ 
 14.31  ~~in this state with any violation of the Interstate Commerce Act~~ 
 14.32  ~~of the United States, whenever the department deems the matter~~ 
 14.33  ~~to be one of public interest;~~ 
 14.34     ~~(3)~~ institute and prosecute all actions and proceedings in 
 14.35  the appropriate courts for the enforcement of the provisions of 
 14.36  this chapter, the orders, rules and directives of the 
 15.1   commissioner issued thereunder and any violations thereof.  
 15.2      Sec. 20.  Minnesota Statutes 1998, section 218.041, 
 15.3   subdivision 6, is amended to read: 
 15.4      Subd. 6.  [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING 
 15.5   POWERS.] In the exercise of powers granted in this chapter, the 
 15.6   commissioner may: 
 15.7      (1) subpoena books, papers or accounts kept by any 
 15.8   regulated business within or without the state, or compel 
 15.9   production of verified copies; 
 15.10     (2) prepare all forms or blanks for the purpose of 
 15.11  obtaining information which the commissioner may deem necessary 
 15.12  or useful for the proper exercise of the authority and duties of 
 15.13  the commissioner in connection with regulated businesses, and 
 15.14  prescribe the time and manner within which the blanks and forms 
 15.15  shall be completed and filed; 
 15.16     (3) inspect, at all reasonable times, and copy the books, 
 15.17  records, memoranda, correspondence or other documents and 
 15.18  records of any business under the commissioner's 
 15.19  jurisdiction; and 
 15.20     (4) examine, under oath, any officer, agent or employee of 
 15.21  a business under the commissioner's jurisdiction concerning ~~its~~ 
 15.22  ~~business and affairs; and~~ 
 15.23     ~~(5) prescribe rules, duly promulgated in accordance with~~ 
 15.24  ~~chapter 14, relating to rates, care in handling and other~~ 
 15.25  ~~livestock transportation matters~~ any matter within the 
 15.26  commissioner's jurisdiction. 
 15.27     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 15.28  219.074, subdivision 2, is amended to read: 
 15.29     Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
 15.30  1992, and on or before July 1 of each of the next four years, 
 15.31  and as necessary afterward, the commissioner shall develop a 
 15.32  list of grade crossings proposed to be vacated.  The list must 
 15.33  be developed by applying the standards set forth in the rules 
 15.34  adopted under section 219.073.  Grade crossings that are part of 
 15.35  an abandonment, closing, or removal ~~under section 219.741~~ may 
 15.36  not be included in the list.  The commissioner shall notify the 
 16.1   public officials having the necessary authority and the railway 
 16.2   companies operating the railroads of the proposed vacations.  
 16.3   Either affected party may request a hearing.  If requested, the 
 16.4   commissioner shall hold a contested case hearing applying in its 
 16.5   determination the rules developed under section 219.073.  If 
 16.6   after the hearing the commissioner determines that the vacation 
 16.7   is consistent with the standards adopted under section 219.073, 
 16.8   the commissioner may order the crossing vacated.  If a request 
 16.9   for a hearing on a particular crossing is not received within 30 
 16.10  days of the publication in the State Register, the commissioner 
 16.11  shall order the crossing vacated. 
 16.12     Sec. 22.  Minnesota Statutes 1998, section 219.384, 
 16.13  subdivision 2, is amended to read: 
 16.14     Subd. 2.  [PENALTY.] A railroad company, road authority, or 
 16.15  property owner that fails to comply with this section within 30 
 16.16  days after being notified in writing is subject to a fine of $50 
 16.17  for each day that the condition is uncorrected.  This penalty 
 16.18  may be recovered in ~~the manner provided in section 219.97,~~ 
 16.19  ~~subdivision 5~~ a civil action brought by the attorney general or 
 16.20  by the county attorney of the county through or into which the 
 16.21  railroad extends. 
 16.22     Sec. 23.  Minnesota Statutes 1998, section 219.402, is 
 16.23  amended to read: 
 16.24     219.402 [ADEQUATE CROSSING PROTECTION.] 
 16.25     Crossing warning devices or improvements installed or 
 16.26  maintained under this chapter as approved by the commissioner or 
 16.27  any predecessor, whether by order or otherwise, are adequate and 
 16.28  appropriate warning for the crossing. 
 16.29     Sec. 24.  Minnesota Statutes 1999 Supplement, section 
 16.30  221.031, subdivision 1, is amended to read: 
 16.31     Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
 16.32  This subdivision applies to motor carriers engaged in intrastate 
 16.33  commerce. 
 16.34     (b) The commissioner shall prescribe rules for the 
 16.35  operation of motor carriers, including their facilities; 
 16.36  accounts; leasing of vehicles and drivers; service; safe 
 17.1   operation of vehicles; equipment, parts, and accessories; hours 
 17.2   of service of drivers; driver qualifications; accident 
 17.3   reporting; identification of vehicles; installation of safety 
 17.4   devices; inspection, repair, and maintenance; and proper 
 17.5   automatic speed regulators if, in the opinion of the 
 17.6   commissioner, there is a need for the rules.  
 17.7      (c) The commissioner shall direct the repair and 
 17.8   reconstruction or replacement of an inadequate or unsafe motor 
 17.9   carrier vehicle or facility.  The commissioner may require the 
 17.10  construction and maintenance or furnishing of suitable and 
 17.11  proper freight terminals, passenger depots, waiting rooms, and 
 17.12  accommodations or shelters in a city in this state or at a point 
 17.13  on the highway traversed ~~which~~ that the commissioner, after 
 17.14  investigation by the department, may deem just and proper for 
 17.15  the protection of passengers or property.  
 17.16     (d) The commissioner shall require holders of household 
 17.17  goods mover permits to file annual and other reports including 
 17.18  annual accounts of motor carriers, schedules of rates and 
 17.19  charges, or other data by motor carriers, regulate motor 
 17.20  carriers in matters affecting the relationship between them and 
 17.21  the traveling and shipping public, and prescribe other rules as 
 17.22  may be necessary to carry out ~~the provisions of~~ this chapter.  
 17.23     (e) A motor carrier subject to paragraph (d) but having 
 17.24  gross revenues from for-hire transportation in a calendar year 
 17.25  of less than $200,000 may, at the discretion of the 
 17.26  commissioner, be exempted from the filing of an annual report~~,~~ 
 17.27  if, instead, the motor carrier files an abbreviated annual 
 17.28  report, in a form as may be prescribed by the commissioner, 
 17.29  attesting that the motor carrier's gross revenues did not exceed 
 17.30  $200,000 in the previous calendar year.  Motor carrier gross 
 17.31  revenues from for-hire transportation, for the purposes of this 
 17.32  subdivision only, do not include gross revenues received from 
 17.33  the operation of school buses as defined in section 169.01, 
 17.34  subdivision 6. 
 17.35     (f) The commissioner shall enforce sections 169.781 to 
 17.36  169.783. 
 18.1      Sec. 25.  Minnesota Statutes 1998, section 446A.085, as 
 18.2   amended by Laws 1999, chapter 230, sections 34 and 35, is 
 18.3   amended to read: 
 18.4      446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
 18.5      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 18.6   section, the terms defined in this subdivision have the meanings 
 18.7   given them. 
 18.8      (a)  [ACT.] "Act" means the National Highway System 
 18.9   Designation Act of 1995, Public Law Number 104-59, as amended. 
 18.10     (b)  [BORROWER.] "Borrower" means the state, counties, 
 18.11  cities, and other governmental entities eligible under the act 
 18.12  and state law to apply for and receive loans from the 
 18.13  transportation revolving loan fund~~, the trunk highway revolving~~ 
 18.14  ~~loan account, the county state-aid highway revolving loan~~ 
 18.15  ~~account, and the municipal state-aid street revolving loan~~ 
 18.16  ~~account~~. 
 18.17     (c)  [DEPARTMENT.] "Department" means the department of 
 18.18  transportation. 
 18.19     (d)  [LOAN.] "Loan" means financial assistance provided for 
 18.20  all or part of the cost of a project including money disbursed 
 18.21  in anticipation of reimbursement or repayment, loan guarantees, 
 18.22  lines of credit, credit enhancements, equipment financing 
 18.23  leases, bond insurance, or other forms of financial assistance. 
 18.24     (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
 18.25  means a committee of the Minnesota public facilities authority, 
 18.26  acting on behalf of the Minnesota public facilities authority, 
 18.27  consisting of the commissioner of the department of trade and 
 18.28  economic development, the commissioner of finance, and the 
 18.29  commissioner of transportation. 
 18.30     Subd. 2.  [PURPOSE.] The purpose of the transportation 
 18.31  revolving loan fund~~, the trunk highway revolving loan account,~~ 
 18.32  ~~the county state-aid highway revolving loan account, and the~~ 
 18.33  ~~municipal state-aid street revolving loan account~~ is to provide 
 18.34  loans ~~and matching money~~ for public transportation projects 
 18.35  eligible for financing or aid under any federal act or program, 
 18.36  or state law, including, without limitation, the study of the 
 19.1   feasibility of construction, reconstruction, resurfacing, 
 19.2   restoring, rehabilitation, or replacement of transportation 
 19.3   facilities; acquisition of right-of-way; and maintenance, 
 19.4   repair, improvement, or construction of city, town, county, or 
 19.5   state highways, roads, streets, rights-of-way, bridges, tunnels, 
 19.6   railroad-highway crossings, drainage structures, signs, 
 19.7   maintenance and operation facilities, guardrails, and protective 
 19.8   structures used in connection with highways or transit projects. 
 19.9   Enhancement items, including without limitation bicycle paths, 
 19.10  ornamental lighting, and landscaping, are eligible for financing 
 19.11  provided they are an integral part of overall project design and 
 19.12  construction of a federal-aid highway.  Money in the fund may 
 19.13  not be used for any toll facilities project or 
 19.14  congestion-pricing project. 
 19.15     Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 19.16  revolving loan fund is established to make loans for the 
 19.17  purposes described in subdivision 2.  A highway account is 
 19.18  established in the fund for highway projects eligible under 
 19.19  United States Code, title 23.  A transit account is established 
 19.20  in the fund for transit capital projects eligible under United 
 19.21  States Code, title 49.  A state funds general loan account is 
 19.22  established in the fund for transportation projects eligible 
 19.23  under state law but not under title 23.  Other accounts may be 
 19.24  established in the fund as necessary for its management and 
 19.25  administration.  The transportation revolving loan fund shall 
 19.26  receive federal money under the act and money from any source.  
 19.27  Money received under this section must be paid to the state 
 19.28  treasurer and credited to the transportation revolving loan 
 19.29  fund.  Money in the fund is annually appropriated to 
 19.30  the ~~commissioner~~ authority and does not lapse.  The fund must be 
 19.31  credited with investment income, and with repayments of 
 19.32  principal and interest, except for servicing fees assessed under 
 19.33  sections 446A.04, subdivision 5, and 446A.11, subdivision 8. 
 19.34     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
 19.35  shall manage and administer the transportation revolving loan 
 19.36  fund~~, the trunk highway revolving loan account, the county~~ 
 20.1   ~~state-aid highway revolving loan account, and the municipal~~ 
 20.2   ~~state-aid street revolving loan account~~ and individual accounts 
 20.3   in the fund.  For those purposes, the authority may exercise all 
 20.4   powers provided in this chapter. 
 20.5      Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
 20.6   transportation committee, the commissioner of transportation may 
 20.7   transfer money from the trunk highway revolving loan account to 
 20.8   the trunk highway fund, from the county state-aid highway 
 20.9   revolving loan account to the county state-aid highway fund, and 
 20.10  from the municipal state-aid street revolving loan account to 
 20.11  the municipal state-aid street fund. 
 20.12     Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 20.13  committee may authorize the making of loans to borrowers by the 
 20.14  authority for transportation purposes authorized by the act or 
 20.15  this section, without further action by the authority.  The 
 20.16  authority may not make loans for transportation purposes without 
 20.17  the approval of the transportation committee.  Each project must 
 20.18  be certified by the commissioner of transportation before its 
 20.19  consideration by the transportation committee. 
 20.20     Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
 20.21  an application to the transportation committee on forms 
 20.22  prescribed by the transportation committee.  The applicant must 
 20.23  provide the following information: 
 20.24     (1) the estimated cost of the project and the amount of the 
 20.25  loan sought; 
 20.26     (2) other possible sources of funding in addition to loans 
 20.27  sought from the transportation revolving loan fund~~, the trunk~~ 
 20.28  ~~highway revolving loan account, the county state-aid highway~~ 
 20.29  ~~revolving loan account, or the municipal state-aid street~~ 
 20.30  ~~revolving loan account~~; 
 20.31     (3) the proposed methods and sources of funds to be used 
 20.32  for repayment of loans received; and 
 20.33     (4) information showing the financial status and ability of 
 20.34  the borrower to repay loans. 
 20.35     Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
 20.36  transportation shall consider the following information when 
 21.1   evaluating projects to certify for funding to the transportation 
 21.2   committee: 
 21.3      (1) a description of the nature and purpose of the proposed 
 21.4   transportation project including an explanation of the need for 
 21.5   the project and the reasons why it is in the public interest; 
 21.6      (2) the relationship of the project to the area 
 21.7   transportation improvement program, the approved statewide 
 21.8   transportation improvement program, and to any ~~other~~ 
 21.9   transportation plans required under state or federal law; 
 21.10     (3) the estimated cost of the project and the amount of 
 21.11  loans sought; 
 21.12     (4) proposed sources of funding in addition to loans sought 
 21.13  from the transportation revolving loan fund~~, the trunk highway~~ 
 21.14  ~~revolving loan account, the county state-aid highway revolving~~ 
 21.15  ~~loan account, or municipal state-aid street revolving loan~~ 
 21.16  ~~account~~; 
 21.17     (5) ~~the need for the project as part of the overall~~ 
 21.18  ~~transportation system;~~ 
 21.19     ~~(6)~~ the overall economic impact of the project; and 
 21.20     ~~(7)~~ (6) the extent to which completion of the project will 
 21.21  improve the movement of people and freight. 
 21.22     Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
 21.23  transportation revolving loan fund, ~~the trunk highway revolving~~ 
 21.24  ~~loan account, the county state-aid highway revolving loan~~ 
 21.25  ~~account, or the municipal state-aid street revolving loan~~ 
 21.26  ~~account,~~ the transportation committee shall comply with the 
 21.27  ~~conditions~~ applicable provisions of the act and state law.  In 
 21.28  addition, a loan made under this section must: 
 21.29     (1) bear interest at or below market rates or as otherwise 
 21.30  specified in federal law; 
 21.31     (2) have a repayment term not longer than 30 years; 
 21.32     (3) be fully amortized no later than 30 years after project 
 21.33  completion; 
 21.34     (4) be subject to repayment of principal and interest 
 21.35  beginning not later than five years after the facility financed 
 21.36  with a loan has been completed, or in the case of a highway 
 22.1   project, five years after the facility has opened to traffic; 
 22.2   and 
 22.3      (5) be ~~made~~ disbursed for specific project elements only 
 22.4   after all federal environmental requirements ~~applicable to the~~ 
 22.5   ~~project~~ have been ~~complied with and all federal environmental~~ 
 22.6   ~~requirements have been~~ met. 
 22.7      Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
 22.8   APPORTIONMENTS.] A loan may be made to a county, or to a 
 22.9   statutory or home rule charter city having a population of 5,000 
 22.10  or more, in anticipation of repayment of the loan from sums that 
 22.11  will be apportioned to a county from the county state-aid 
 22.12  highway fund under section 162.07 or to a city from the 
 22.13  municipal state-aid street fund under section 162.14. 
 22.14     Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
 22.15  allocation provisions of section 162.08 for counties, and the 
 22.16  apportionment provisions of section 162.14 for cities, sums 
 22.17  apportioned under section 162.13 to a statutory or home rule 
 22.18  charter city, or under section 162.07 to a county, that has loan 
 22.19  repayments due to the transportation revolving loan fund, ~~the~~ 
 22.20  ~~trunk highway revolving loan account, the county state-aid~~ 
 22.21  ~~highway revolving loan account, or the municipal state-aid~~ 
 22.22  ~~street revolving loan account~~ shall be paid by the commissioner 
 22.23  of transportation to the appropriate loan fund or account to 
 22.24  offset the loan repayments that are due. 
 22.25     Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
 22.26  AUTHORITY.] The commissioner of the department of trade and 
 22.27  economic development shall adopt administrative rules specifying 
 22.28  the procedures that will be used for the administration of the 
 22.29  duties of the transportation committee and authority.  The rules 
 22.30  must include criteria, standards, and procedures that will be 
 22.31  used for making loans, determining interest rates to be charged 
 22.32  on loans, the amount of project financing to be provided, the 
 22.33  collateral that will be required, the requirements for dedicated 
 22.34  sources of revenue or income streams to ensure repayment of 
 22.35  loans, and the length of repayment terms.  
 22.36     Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
 23.1   commissioner of transportation shall establish, adopt rules for, 
 23.2   and implement a program to identify, assist with the development 
 23.3   of, and certify projects eligible for loans under the act to the 
 23.4   transportation committee.  Until rules are adopted by the 
 23.5   commissioner of transportation, the commissioner of 
 23.6   transportation may certify to the transportation committee any 
 23.7   project that has been reviewed through an approved planning 
 23.8   process that qualifies the project to be included in the 
 23.9   statewide transportation program or amended into the statewide 
 23.10  transportation improvement program. 
 23.11     Subd. 14.  [JOINT RULES.] The commissioner of the 
 23.12  department of trade and economic development and the 
 23.13  commissioner of transportation may adopt a single set of rules. 
 23.14     Sec. 26.  Laws 1999, chapter 238, article 1, section 2, 
 23.15  subdivision 7, is amended to read: 
 23.16  Subd. 7.  State Roads                912,625,000    923,769,000
 23.17                Summary by Fund
 23.18  General                 59,000          9,000
 23.19  Trunk Highway      912,566,000    923,760,000
 23.20  The amounts that may be spent from this 
 23.21  appropriation for each activity are as 
 23.22  follows:  
 23.23  (a) State Road Construction 
 23.24     516,684,000    521,707,000
 23.25  It is estimated that these 
 23.26  appropriations will be funded as 
 23.27  follows:  
 23.28  Federal Highway Aid 
 23.29     275,000,000    275,000,000
 23.30  Highway User Taxes 
 23.31     241,684,000    246,707,000
 23.32  The commissioner of transportation 
 23.33  shall notify the chair of the 
 23.34  transportation budget division of the 
 23.35  senate and chair of the transportation 
 23.36  finance committee of the house of 
 23.37  representatives quarterly of any events 
 23.38  that should cause these estimates to 
 23.39  change. 
 23.40  This appropriation is for the actual 
 23.41  construction, reconstruction, and 
 23.42  improvement of trunk highways.  This 
 23.43  includes the cost of actual payment to 
 24.1   landowners for lands acquired for 
 24.2   highway rights-of-way, payment to 
 24.3   lessees, interest subsidies, and 
 24.4   relocation expenses. 
 24.5   The commissioner may transfer up to 
 24.6   $15,000,000 each year to the trunk 
 24.7   highway revolving loan account. 
 24.8   The commissioner may receive money 
 24.9   covering other shares of the cost of 
 24.10  partnership projects.  These receipts 
 24.11  are appropriated to the commissioner 
 24.12  for these projects. 
 24.13  (b) Highway Debt Service 
 24.14      13,949,000     13,175,000
 24.15  $3,949,000 the first year and 
 24.16  $3,175,000 the second year are for 
 24.17  transfer to the state bond fund. 
 24.18  If this appropriation is insufficient 
 24.19  to make all transfers required in the 
 24.20  year for which it is made, the 
 24.21  commissioner of finance shall notify 
 24.22  the committee on state government 
 24.23  finance of the senate and the committee 
 24.24  on ways and means of the house of 
 24.25  representatives of the amount of the 
 24.26  deficiency and shall then transfer that 
 24.27  amount under the statutory open 
 24.28  appropriation.  
 24.29  Any excess appropriation must be 
 24.30  canceled to the trunk highway fund. 
 24.31  (c) Research and Investment Management 
 24.32      12,450,000     12,597,000
 24.33  $600,000 the first year and $600,000 
 24.34  the second year are available for 
 24.35  grants for transportation studies 
 24.36  outside the metropolitan area to 
 24.37  identify critical concerns, problems, 
 24.38  and issues.  These grants are available 
 24.39  to (1) regional development 
 24.40  commissions, and (2) in regions where 
 24.41  no regional development commission is 
 24.42  functioning, joint powers boards 
 24.43  established under agreement of two or 
 24.44  more political subdivisions in the 
 24.45  region to exercise the planning 
 24.46  functions of a regional development 
 24.47  commission, and (3) in regions where no 
 24.48  regional development commission or 
 24.49  joint powers board is functioning, the 
 24.50  department's district office for that 
 24.51  region. 
 24.52  $216,000 the first year and $216,000 
 24.53  the second year are available for 
 24.54  grants to metropolitan planning 
 24.55  organizations outside the seven-county 
 24.56  metropolitan area. 
 24.57  $75,000 the first year and $25,000 the 
 24.58  second year are for transportation 
 24.59  planning relating to the 2000 census.  
 25.1   This appropriation may not be added to 
 25.2   the agency's budget base. 
 25.3   $75,000 the first year and $75,000 the 
 25.4   second year are for a transportation 
 25.5   research contingent account to finance 
 25.6   research projects that are reimbursable 
 25.7   from the federal government or from 
 25.8   other sources.  If the appropriation 
 25.9   for either year is insufficient, the 
 25.10  appropriation for the other year is 
 25.11  available for it. 
 25.12  (d) Central Engineering Services
 25.13      68,563,000     70,940,000
 25.14  (e) Design and Construction Engineering
 25.15      80,592,000     83,246,000
 25.16  $1,000,000 the first year and $500,000 
 25.17  the second year are for transportation 
 25.18  planning relating to the 2000 census.  
 25.19  This appropriation may not be added to 
 25.20  the agency's budget base. 
 25.21  (f) State Road Operations
 25.22     214,703,000    216,561,000
 25.23  $1,000,000 each year are for 
 25.24  enhancements to the freeway operations 
 25.25  program in the metropolitan area. 
 25.26  $1,000,000 the first year and 
 25.27  $1,000,000 the second year are for 
 25.28  maintenance services including rest 
 25.29  area maintenance, vehicle insurance, 
 25.30  ditch assessments, and tort claims. 
 25.31  $3,000,000 the first year and 
 25.32  $1,000,000 the second year are for 
 25.33  improved highway striping. 
 25.34  $500,000 the first year and $500,000 
 25.35  the second year are for safety 
 25.36  technology applications. 
 25.37  $150,000 the first year and $150,000 
 25.38  the second year are for statewide asset 
 25.39  preservation and repair. 
 25.40  $750,000 the first year and $750,000 
 25.41  the second year are for the 
 25.42  implementation of the transportation 
 25.43  worker concept. 
 25.44  The commissioner shall establish a task 
 25.45  force to study seasonal road 
 25.46  restrictions and report to the 
 25.47  legislature its findings and any 
 25.48  recommendations for legislative 
 25.49  action.  The commissioner shall appoint 
 25.50  members representing: 
 25.51  (1) aggregate and ready-mix producers; 
 25.52  (2) solid waste haulers; 
 25.53  (3) liquid waste haulers; 
 26.1   (4) the logging industry; 
 26.2   (5) the construction industry; and 
 26.3   (6) agricultural interests. 
 26.4   The task force shall report to the 
 26.5   legislature by February 1, 2000, on its 
 26.6   findings and recommendations. 
 26.7   (g) Electronic Communications
 26.8        5,684,000      5,543,000
 26.9                 Summary by Fund
 26.10  General                  59,000         9,000
 26.11  Trunk Highway         5,625,000     5,534,000
 26.12  $9,000 the first year and $9,000 the 
 26.13  second year are from the general fund 
 26.14  for equipment and operation of the 
 26.15  Roosevelt signal tower for Lake of the 
 26.16  Woods weather broadcasting. 
 26.17  $50,000 the first year from the general 
 26.18  fund is for purchase of equipment for 
 26.19  the 800 MHz public safety radio system. 
 26.20  $200,000 the first year is from the 
 26.21  trunk highway fund for costs resulting 
 26.22  from the termination of agreements made 
 26.23  under article 2, sections 31 and 89, 
 26.24  and Minnesota Statutes, section 174.70, 
 26.25  subdivision 2. This appropriation does 
 26.26  not cancel but is available until spent.
 26.27  In each year of the biennium the 
 26.28  commissioner shall request the 
 26.29  commissioner of administration to 
 26.30  request bids for the purchase of 
 26.31  digital mobile and portable radios to 
 26.32  be used on the metropolitan regional 
 26.33  public safety radio communications 
 26.34  system. 
 26.35     Sec. 27.  [TRANSFERRING CARRIER REGULATORY 
 26.36  RESPONSIBILITIES.] 
 26.37     (a) Responsibilities, as defined in Minnesota Statutes, 
 26.38  section 15.039, subdivision 1, held by the transportation 
 26.39  regulation board including, but not limited to, responsibilities 
 26.40  relating to administration, regulation, recordkeeping, operating 
 26.41  authority, permitting, rate making, rulemaking, and enforcement 
 26.42  of transportation laws, rules, and regulations relating to motor 
 26.43  carriers and common carriers by rail under Minnesota Statutes, 
 26.44  chapters 218, 219, 221, and 222, are transferred to the 
 26.45  commissioner of the Minnesota department of transportation under 
 26.46  Minnesota Statutes, section 15.039. 
 27.1      (b) The legislative and quasi-judicial functions and powers 
 27.2   conferred on the board under Minnesota Statutes, chapter 174A, 
 27.3   are also transferred to the commissioner.  
 27.4      (c) The position of transportation regulation board member 
 27.5   and the transportation regulation board as previously 
 27.6   constituted are abolished.  
 27.7      Sec. 28.  [INSTRUCTIONS TO REVISOR.] 
 27.8      (a) Except when used in the phrases to be changed by the 
 27.9   revisor under paragraph (b), the revisor of statutes is directed 
 27.10  to change the word "board" or "board's," or similar term or 
 27.11  phrase, when it refers to the transportation regulation board, 
 27.12  to the term "commissioner," "commissioner's," or "commissioner 
 27.13  of transportation," as appropriate, where it appears in: 
 27.14     (1) Minnesota Statutes, sections 174A.02, subdivision 3; 
 27.15  221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 
 27.16  6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 
 27.17  subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 
 27.18  221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 
 27.19  subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 
 27.20  221.55; and 
 27.21     (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 
 27.22     (b) The revisor of statutes is directed to change the 
 27.23  phrases "board or commissioner," "commissioner or board," "board 
 27.24  or the commissioner," "commissioner or the board," "commissioner 
 27.25  and the board," "commissioner and board," "board and the 
 27.26  commissioner," "board and commissioner," "department and board," 
 27.27  "board or department," and "board and the department," when the 
 27.28  word "board" refers to the transportation regulation board, to 
 27.29  the term "commissioner," or "commissioner of transportation," as 
 27.30  appropriate, where it appears in: 
 27.31     (1) Minnesota Statutes, sections 221.011, subdivision 15; 
 27.32  221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 
 27.33  subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 
 27.34  and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 
 27.35  221.295; 221.296, subdivisions 3 and 4; and 221.68; and 
 27.36     (2) Minnesota Rules, chapter 8850. 
 28.1      (c) Except when amended accordingly in sections 5 to 9, the 
 28.2   revisor of statutes is directed to change the words 
 28.3   "transportation regulation board" to "commissioner of 
 28.4   transportation" wherever they appear in Minnesota Statutes and 
 28.5   Minnesota Rules. 
 28.6      (d) In Minnesota Statutes, the revisor of statutes shall 
 28.7   renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 
 28.8   174A.06 as 174.66. 
 28.9      (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 
 28.10  of statutes shall change the term "commission" to "commissioner 
 28.11  of transportation" or "commissioner," as appropriate. 
 28.12     (f) The revisor of statutes shall make other changes in 
 28.13  chapter titles; section, subdivision, part, and subpart 
 28.14  headnotes; and in other terminology necessary as a result of the 
 28.15  enactment of this section and sections 5 to 9, 12 to 16, 23, 24, 
 28.16  27, and 29.  
 28.17     Sec. 29.  [REPEALER.] 
 28.18     Minnesota Statutes 1998, sections 174A.01; 174A.02, 
 28.19  subdivision 5; 174A.03; 174A.05; 218.021; 218.025; 218.031, 
 28.20  subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 218.041, 
 28.21  subdivisions 1, 2, 7, and 8; 219.558; 219.559; 219.56; 219.681; 
 28.22  219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 219.741; 
 28.23  219.743; 219.751; 219.755; 219.85; 219.97; 222.631; 222.632; and 
 28.24  222.633, are repealed.  
 28.25     Sec. 30.  [EFFECTIVE DATE.] 
 28.26     Sections 10, 11, and 26 are effective July 1, 2000.