Section 622.015

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

Effective - 01 Jul 1985, see footnote   

  622.015.  Transfer of all powers and duties of the public service commission regulating transportation activities to division — railroad expense fund established, purpose — definitions applicable, substitutions for commission and commissioner. — The division shall be organized so as to assume all regulatory and supervisory powers, duties and functions heretofore performed by the public service commission relating to transportation activities within the state.  All the powers, duties and functions of the public service commission relating to such activities are hereby transferred to this division by type II transfer as set forth in the reorganization act of 1974.  Assessments made for the expenses of railroad regulation, as required by law, shall be paid into the "Railroad Expense Fund", a special fund which is hereby established in the state treasury.  The fund shall be applicable to appropriation of the general assembly and shall be devoted solely to the payment of expenditures incurred by the division and attributable to the regulation of railroads.  Any amount remaining in the special fund at the end of any fiscal year shall not revert to the general revenue fund.  All powers, duties and functions of the public service commission relating to common carriers generally, chapter 387, railroad corporations, chapters 388 and 389, motor carriers and express companies, chapter 390, street railroads, chapter 391, and other statutes relevant to transportation activities are transferred to the motor carrier and railroad safety division of the department of economic development and that division is the successor to the public service commission for the purposes of those chapters.  Except as otherwise provided herein, the provisions of chapter 386 that relate to the powers and duties of the public service commission and the procedure before the public service commission and the courts are hereby made applicable to the motor carrier and railroad safety division.  Definitions contained in those chapters shall continue and shall be applied by the motor carrier and railroad safety division as they have been applied prior to July 1, 1985, until changed by law.  Wherever the word "commission" is used, the word "division" shall be substituted therefor.  Wherever the word "commissioner" is used, the words "administrative law judge" shall be substituted therefor.

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(L. 1985 S.B. 2 § 1 subsec. 2)

Effective 7-01-85

CROSS REFERENCE:

Powers and duties of the public service commission now transferred to the division of motor carrier and railroad safety, 386.320