Amendment AA4-ASA1-AB150

AB150-ASA1-AA4,74,17 186. Page 2392, line 5: after that line insert:

AB150-ASA1-AA4,74,18 " Section 9146. Nonstatutory provisions; public service commission.

AB150-ASA1-AA4,74,20 (1m) Abolishing the office of commissioner of railroads; transitional provisions.

AB150-ASA1-AA4,74,21 (a) Definitions. In this subsection:

AB150-ASA1-AA4,74,22 1. "Department" means the department of transportation.

AB150-ASA1-AA4,74,24 2. "Division" means the division of hearings and appeals in the department of administration.

AB150-ASA1-AA4,75,1 3. "Office" means the office of the commissioner of railroads.

AB150-ASA1-AA4,75,3 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office shall become the assets and liabilities of the department.

AB150-ASA1-AA4,75,4 (c) Staff.

AB150-ASA1-AA4,75,6 1. On the effective date of this subdivision, the position of the commissioner of railroads is abolished.

AB150-ASA1-AA4,75,9 2. On the effective date of this subdivision, 1.0 FTE SEG hearing examiner position and the incumbent employe holding that position in the office are transferred to the division.

AB150-ASA1-AA4,75,12 3. On the effective date of this subdivision, the following 4.0 FTE SEG positions and the incumbent employes, identified by the secretary of transportation, holding those positions in the office are transferred to the department:

AB150-ASA1-AA4,75,13 a.  One program assistant position.

AB150-ASA1-AA4,75,14 b.  Three regulation compliance investigator positions.

AB150-ASA1-AA4,75,20 4.  a.  The employe transferred under subdivision 2. to the division has all of the rights and the same status under subchapter V of chapter 111 of the statutes and under chapter 230 of the statutes, as affected by this act, in the division that he or she enjoyed in the office immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, the employe so transferred who has attained permanent status in class is not required to serve a probationary period.

AB150-ASA1-AA4,76,2 b.  Employes transferred under subdivision 3. to the department have all of the rights and the same status under subchapter V of chapter 111 of the statutes and under chapter 230 of the statutes, as affected by this act, in the department that they enjoyed in the office immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150-ASA1-AA4,76,5 c.  On the effective date of this subdivision, the remaining FTE SEG positions of the office not transferred under subdivisions 2. and 3. or abolished under subdivision 1. are deauthorized.

AB150-ASA1-AA4,76,8 6. The commissioner of railroads shall, in addition to his or her other duties, assist the department in the orderly transfer of the functions of the office to the department and perform the duties specified in paragraphs (d), (e), (f) and (g).

AB150-ASA1-AA4,76,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office is transferred to the department.

AB150-ASA1-AA4,76,15 (e) Contracts. All contracts entered into by the office in effect on the effective date of this paragraph remain in effect and are transferred to the department. The department shall carry out any such contractual obligations until modified or rescinded by the department to the extent allowed under the contract.

AB150-ASA1-AA4,76,16 (f) Rules and orders.

AB150-ASA1-AA4,76,19 1. All rules promulgated by the office that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the department.

AB150-ASA1-AA4,76,22 2. All orders issued by the office that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the department.

AB150-ASA1-AA4,77,2 (g) Pending matters. Any matter pending with the office on the effective date of this paragraph is transferred to the department and all materials submitted to or actions taken by the office with respect to the pending matter are considered as having been submitted to or taken by the department.

AB150-ASA1-AA4,77,7 (h) Department of administration to arbitrate disputes. In the case of disagreement between the secretary of transportation and the commissioner of railroads with respect to any matter specified in paragraph (d), (e), (f) or (g), the department of administration shall determine the matter and shall develop a plan for an orderly transfer.".

AB150-ASA1-AA4,77,8 187. Page 2436, line 5: after that line insert:

AB150-ASA1-AA4,77,14 "(1g) Railroad regulation. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (3) (iq) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $170,700 for fiscal year 1996-97 to reflect the transfer of the regualtion of railroads from the office of the commissioner of railroads to the department of transportation.".

AB150-ASA1-AA4,77,15 188. Page 2439, line 12: delete "amendment" and substitute "treatment".

AB150-ASA1-AA4,77,16 189. Page 2439, line 13: delete ", as affected by this act,".

AB150-ASA1-AA4,77,17 190. Page 2450, line 1: delete lines 1 to 3.

AB150-ASA1-AA4,77,18 191. Page 2454, line 14: delete lines 14 to 21.

AB150-ASA1-AA4,77,19 192. Page 2455, line 18: delete lines 18 to 20.

AB150-ASA1-AA4,77,21 193. Page 2458, line 7: after the 2nd comma insert "20.505 (4) (h) (by Section 1074)".

AB150-ASA1-AA4,77,22 194. Page 2458, line 24: delete "(m)" and substitute "(h)".

AB150-ASA1-AA4,78,2 195. Page 2459, line 1: delete the material beginning with "and" and ending with "take" and substitute "takes".

AB150-ASA1-AA4,78,3 196. Page 2459, line 6: delete lines 6 to 17.

AB150-ASA1-AA4,78,5 197. Page 2460, line 20: delete the material beginning with that line and ending with page 2461, line 13.

AB150-ASA1-AA4,78,6 198. Page 2476, line 18: delete lines 18 to 21.

AB150-ASA1-AA4,78,7 199. Page 2482, line 17: delete lines 17 to 20.

AB150-ASA1-AA4,78,8 200. Page 2483, line 8: after that line insert:

AB150-ASA1-AA4,79,6 "(1g) Abolishing the office of commissioner of railroads. The treatment of sections 15.03, 15.06 (1) (ar), 15.795, 20.155 (intro.) and (2), 20.395 (3), (iq), (iv) and (ix), 20.923 (4) (e) 11., 25.40 (1) (a) 12. and (2) (b) 2e., 26.20 (3) and (10), 30.33 (1) and (2), 66.06 (2), 66.94 (30) (a), 84.05, 85.013 (3), 86.12 (2), 86.13 (3), 88.66 (2), 88.87 (4), 88.88 (2), 184.01 (1), 184.10 (3), 190.001 (1) and (2), 190.02 (6) and (9) (c), 190.03, 190.13, 190.16 (4) (a), (b) and (c) and (5), 191.001 (1), 191.01 (2), 191.03, 191.05, 191.07, 191.09, 191.10 (title), (1), (2) and (3), 191.11, 191.13 (2), 191.16, 191.17, 191.19 (1) and (3), 191.20, 191.21, 192.001 (1r) and (2), 192.14 (10) and (12), 192.15 (14), 192.27 (1), 192.29 (1), (2), (4) and (5), 192.31 (1), (2), (4) and (5), 192.324, 192.327 (3), (4), (5), (6) and (7), 192.33 (5), 192.34, 192.47, 192.52 (3), (4) and (5), 192.53 (4), (5) and (6), 192.55 (5), 192.56 (1), (2), (3), (5) and (6), 195.001 (1r), (2) and (3), 195.03 (title), (1), (2), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (25), (28) and (29), 195.04, 195.041, 195.042, 195.043, 195.044, 195.045, 195.046, 195.047, 195.05, 195.055, 195.06, 195.07 (1) and (2), 195.08, 195.09, 195.10, 195.11, 195.12, 195.13, 195.14, 195.15, 195.16, 195.17, 195.19 (1) and (3), 195.20, 195.21, 195.26, 195.27, 195.28 (1), (3) and (4), 195.285 (1), (2) and (3), 195.286 (2), (3), (5) and (8), 195.29 (1), (2), (3), (4), (5), (6), (7), (9) and (10), 195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325, 195.33, 195.34, 195.36, 195.37, 195.38, 195.45 (1), (2) and (4), 195.50 (1), 195.60 (title), (1), (2), (3), (4) (a), (b), (c) and (d), (5), (6) and (7) (intro.), (a) and (b), 197.10 (4), 226.025 (3), 227.01 (13) (s), 227.43 (1) (bk) and (5), 227.46 (2m) and (3) (intro.), 346.45 (3) (d), and 945.06 and chapter 189 of the statutes and Section 9146 (1m) (b), (c) 1., 2., 3., 4. and 5., (d), (e), (f) and (g) of this act take effect on July 1, 1996.".

AB150-ASA1-AA4,79,8 201. Page 2485, line 21: delete "tions 20.425 (1) (ka) and 20.488 (1) (ka)" and substitute "tion 20.425 (1) (ka)".

AB150-ASA1-AA4,79,9 202. Page 2485, line 21: substitute "and" for the comma.

AB150-ASA1-AA4,79,11 203. Page 2485, line 22: delete that line and substitute: "section 20.505 (4) (kb) of the".

AB150-ASA1-AA4,79,12 (End)