1999 Minnesota Statutes

     174.02 Commissioner's powers and duties. 

    Subdivision 1.    Appointment.  The department shall be 
 supervised and controlled by the commissioner of transportation, 
 who shall be appointed by the governor and serve under the 
 provisions of section 15.06. 

    Subd. 1a.    Mission; efficiency; legislative report, 
 recommendations.  It is part of the department's mission that 
 within the department's resources the commissioner shall 
 endeavor to: 

    (1) prevent the waste or unnecessary spending of public 
 money; 

    (2) use innovative fiscal and human resource practices to 
 manage the state's resources and operate the department as 
 efficiently as possible; 

    (3) coordinate the department's activities wherever 
 appropriate with the activities of other governmental agencies; 

    (4) use technology where appropriate to increase agency 
 productivity, improve customer service, increase public access 
 to information about government, and increase public 
 participation in the business of government; 

    (5) utilize constructive and cooperative labor-management 
 practices to the extent otherwise required by chapters 43A and 
 179A; 

    (6) report to the legislature on the performance of agency 
 operations and the accomplishment of agency goals in the 
 agency's biennial budget according to section 16A.10, 
 subdivision 1; and 

    (7) recommend to the legislature appropriate changes in law 
 necessary to carry out the mission and improve the performance 
 of the department. 

    Subd. 2.    Unclassified positions.  The commissioner 
 may establish four positions in the unclassified service at the 
 deputy and assistant commissioner, assistant to commissioner or 
 personal secretary levels.  No more than two of these positions 
 shall be at the deputy commissioner level. 

    Subd. 3.    Departmental organization.  The 
 commissioner shall organize the department in a manner 
 recognizing the administrative and staffing needs of all modes 
 of transportation within the commissioner's jurisdiction, and 
 shall employ personnel as the commissioner deems necessary to 
 discharge the functions of the department.  The commissioner 
 shall adopt an affirmative action plan for the department in 
 order to insure that department hiring encourages the selection 
 of members of groups of persons who because of unfair or 
 unlawful discriminatory practices have in the past been denied 
 equal employment opportunity.  This plan need not be promulgated 
 as a rule, but it shall be approved by the commissioner of 
 employee relations.  The plan shall provide that the affected 
 groups of persons shall constitute at least the same 
 proportional number of employees in the department as they 
 constitute in the total employment in state government; provided 
 that this limitation shall expire in respect to an affected 
 group when the commissioner of employee relations certifies that 
 members of that affected group are employed in the department in 
 the same proportion as they constitute in the total employment 
 in state government. 

    Subd. 4.    Appearance on public transportation matters. 
  The commissioner may appear as a party on behalf of the 
 public in any proceeding or matter before the interstate 
 commerce commission, the civil aeronautics board or any other 
 agency or instrumentality of government which regulates public 
 services or rates relating to transportation or other matters 
 related to the powers and responsibilities of the commissioner 
 as prescribed by law.  The commissioner shall appear as a party 
 on behalf of the public in proceedings before the transportation 
 regulation board as provided by law on matters which directly 
 relate to the powers and duties of the commissioner or which 
 substantially affect the statewide transportation plan.  On all 
 other transportation matters the commissioner may appear before 
 the transportation regulation board. 

    Subd. 5.    Cooperation.  To facilitate the development 
 of a unified and coordinated intrastate and interstate 
 transportation system: 

    (a) The commissioner shall maintain close liaison, 
 coordination and cooperation with the private sectors of 
 transportation, the upper great lakes seaway development 
 commission corporation, and any multistate organization involved 
 in transportation issues affecting the state; 

    (b) The commissioner shall participate in the planning, 
 regulation and development of the port authorities of the state; 
 and 

    (c) The commissioner or the commissioner's designee shall 
 be a nonvoting, ex officio member of the metropolitan airports 
 commission, as organized and established under sections 473.601 
 to 473.679. 

    Subd. 6.    Agreements, receipts, appropriation.  To 
 facilitate the implementation of intergovernmental efficiencies, 
 effectiveness, and cooperation, and to promote and encourage 
 economic and technological development in transportation matters 
 within and between governmental and nongovernmental entities: 

    (a) The commissioner may enter into agreements with other 
 governmental or nongovernmental entities for research and 
 experimentation; for sharing facilities, equipment, staff, data, 
 or other means of providing transportation-related services; or 
 for other cooperative programs that promote efficiencies in 
 providing governmental services or that further development of 
 innovation in transportation for the benefit of the citizens of 
 Minnesota.  

    (b) In addition to funds otherwise appropriated by the 
 legislature, the commissioner may accept and spend funds 
 received under any agreement authorized in paragraph (a) for the 
 purposes set forth in that paragraph, subject to a report of 
 receipts to the commissioner of finance at the end of each 
 fiscal year and, if receipts from the agreements exceed $100,000 
 in a fiscal year, the commissioner shall also notify the 
 governor and the committee on finance of the senate and the 
 committee on ways and means of the house of representatives.  

    (c) Funds received under this subdivision must be deposited 
 in the special revenue fund and are appropriated to the 
 commissioner for the purposes set forth in this subdivision. 

    Subd. 7.    Loans to commissioner.  The commissioner of 
 transportation may apply for and receive loans, as defined in 
 section 446A.085, subdivision 1, paragraph (d), from the 
 transportation revolving loan fund created in section 446A.085, 
 and may enter into agreements for the repayments of the loans. 

    HIST: 1976 c 166 s 2; 1977 c 305 s 23; 1980 c 534 s 13; 1980 c 
 617 s 47; 1986 c 444; 1993 c 266 s 28; 1995 c 248 art 11 s 12; 
 1998 c 366 s 58; 1999 c 230 s 17