HF 1848

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 02:11pm

A bill for an act
relating to transportation; governing volunteer-based nonprofit providers of
special transportation service; providing for operating regulations; making
technical changes; amending Minnesota Statutes 2014, sections 174.29,
subdivision 1; 174.30, subdivisions 1, 2a, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 174.29, subdivision 1, is amended to read:

Subdivision 1.

Definition.

new text begin (a) new text end For the purpose of sections 174.29 and 174.30
"special transportation service" means motor vehicle transportation provided on a regular
basis by a public or private entity or person that is designed exclusively or primarily to
serve individuals who are elderly or disabled and who are unable to use regular means
of transportation but do not require ambulance service, as defined in section 144E.001,
subdivision 3.

new text begin (b) new text end Special transportation service includes but is not limited to service provided
by specially equipped buses, vans, taxis, and volunteers driving private automobiles. new text begin
Notwithstanding the requirements of paragraph (a), special transportation service includes
service provided by a volunteer-based nonprofit provider under section 174.30.
new text end

Sec. 2.

Minnesota Statutes 2014, section 174.30, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

(a) new text begin Except as otherwise provided in this subdivision,
the operating standards adopted under this section only apply to providers of special
transportation service who (1) receive grants or other financial assistance from the state,
the federal government, or both to provide or assist in providing that service; or (2) are a
volunteer-based nonprofit under subdivision 1a. new text end

new text begin (b) new text end The operating standards for special transportation service adopted under this
section do not apply to new text begin :
new text end

new text begin (1) new text end special transportation provided by:

deleted text begin (1) deleted text end new text begin (i) new text end a common carrier operating on fixed routes and schedules;

deleted text begin (2) deleted text end new text begin (ii) new text end a volunteer driver using a private automobile;

deleted text begin (3) deleted text end new text begin (iii) new text end a school bus as defined in section 169.011, subdivision 71; or

deleted text begin (4) deleted text end new text begin (iv) new text end an emergency ambulance regulated under chapter 144 deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) The operating standards adopted under this section only apply to providers of
special transportation service who receive grants or other financial assistance from either
the state or the federal government, or both, to provide or assist in providing that service;
except that the operating standards adopted under this section do not apply to
deleted text end

new text begin (2) new text end any nursing home licensed under section 144A.02 deleted text begin , to deleted text end new text begin ;
new text end

new text begin (3) new text end any board and care facility licensed under section 144.50 deleted text begin , or to deleted text end new text begin ;
new text end

new text begin (4) new text end any day training and habilitation services, day care, or group home facility
licensed under sections 245A.01 to 245A.19 unless the facility or program provides
transportation to nonresidents on a regular basis and the facility receives reimbursement,
other than per diem payments, for that service under rules promulgated by the
commissioner of human services deleted text begin . deleted text end new text begin ; or
new text end

deleted text begin (c) Notwithstanding paragraph (b), the operating standards adopted under this section
do not apply to deleted text end new text begin (5) new text end any vendor of services licensed under chapter 245D that provides
transportation services to consumers or residents of other vendors licensed under chapter
245D and transports 15 or fewer persons, including consumers or residents and the driver.

Sec. 3.

Minnesota Statutes 2014, section 174.30, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Volunteer-based nonprofit provider; qualifications. new text end

new text begin (a) For purposes
of this subdivision, "member" includes any individual who is enrolled or otherwise has
membership in the nonprofit organization.
new text end

new text begin (b) To qualify as a volunteer-based nonprofit, a provider must:
new text end

new text begin (1) be a tax-exempt organization under section 501(c)(3) of the Internal Revenue
Code, as amended;
new text end

new text begin (2) be organized or operating for the principal purpose of arranging transportation
services;
new text end

new text begin (3) provide or arrange for transportation services solely for members of the nonprofit
organization who (i) have reached a minimum age as determined by the organization,
which must be at least 55 years old, or (ii) are disabled or otherwise impaired in the use of
regular means of transportation;
new text end

new text begin (4) not receive financial assistance from the state for transportation services provided
to specific individuals, including but not limited to coverage by medical assistance under
section 256B.0625, subdivision 17;
new text end

new text begin (5) not provide or arrange for transportation services in a vehicle equipped with a
wheelchair securement device, as defined in section 299A.11, subdivision 5;
new text end

new text begin (6) not accept at the time the transportation service is performed any payment
or other form of compensation, including but not limited to tips, whether made to the
provider or to the driver, provided that the nonprofit organization may charge membership
dues and service fees as part of a regular billing cycle; and
new text end

new text begin (7) provide compensation or reimbursement to a driver, if any, only on a per mile
basis at a rate that is no more than the charitable standard mileage rate most recently
published by the United States Internal Revenue Service.
new text end

Sec. 4.

Minnesota Statutes 2014, section 174.30, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Volunteer-based nonprofit provider; exemptions and requirements.
new text end

new text begin (a) A volunteer-based nonprofit provider under subdivision 1a is exempt from the
requirements of subdivisions 2 to 4, and from administrative rules adopted under
subdivisions 2 and 5, except as follows:
new text end

new text begin (1) an annual certificate of compliance is required as provided under Minnesota
Rules, parts 8840.5400 to 8840.5525, or successor rules, except for those provisions which
by their nature are not otherwise applicable under the exemption in this subdivision;
new text end

new text begin (2) the provider must meet the requirements under subdivision 2a, paragraph (a);
new text end

new text begin (3) the commissioner may perform unannounced inspections of records and vehicles
operated under this subdivision, and the requirements of subdivision 4, paragraph (b),
apply; and
new text end

new text begin (4) the enforcement procedures under Minnesota Rules, part 8840.5800, or successor
rules, apply, except for those provisions which by their nature are not otherwise applicable
under the exemption in this subdivision.
new text end

new text begin (b) A volunteer-based nonprofit provider shall maintain documentation that:
new text end

new text begin (1) an annual safety inspection that includes inspecting the equipment identified
under Minnesota Rules, part 8840.5950, subpart 1, item C, or successor rules, has been
performed for each vehicle operated under this subdivision;
new text end

new text begin (2) identifies any maintenance performed on each vehicle operated under this
subdivision;
new text end

new text begin (3) each driver possesses a valid driver's license;
new text end

new text begin (4) a criminal history and driving record background check has been performed on
each driver under a policy on driver eligibility implemented by the provider;
new text end

new text begin (5) each driver has, at least once in every other calendar year, received a physical
examination from a medical examiner, as defined in Code of Federal Regulations, title 49,
section 390.5, or successor rules, establishing that the person is physically qualified to
drive under the same standards as provided under Code of Federal Regulations, title 49,
section 391.41(b), or successor rules; and
new text end

new text begin (6) each driver has proof of a plan of reparation security under sections 65B.41
to 65B.71 that provides coverage when the driver is providing transportation services
under this section.
new text end

new text begin (c) A volunteer-based nonprofit provider must provide recommendations to each
driver on the minimum coverage levels for a plan of reparation security under sections
65B.41 to 65B.71, and must inform each driver that it is the driver's responsibility to:
new text end

new text begin (1) have a plan of reparation security that provides coverage when the driver is
providing transportation services under this section; and
new text end

new text begin (2) inform the insurer of the amount of mileage reimbursement provided to the driver.
new text end

Sec. 5.

Minnesota Statutes 2014, section 174.30, subdivision 2a, is amended to read:

Subd. 2a.

Vehicle and equipment safety; provider responsibilities.

(a) Every
special transportation service provider shall systematically inspect, repair, and maintain, or
cause to be inspected, repaired, and maintained, the vehicles and equipment subject to the
control of the provider. deleted text begin Each vehicle and its equipment must be inspected daily. deleted text end A vehicle
may not be operated in a condition that is likely to cause an accident or breakdown of the
vehicle. Equipment, including specialized equipment necessary to ensure vehicle usability
and safety for disabled persons, must be in proper and safe operating condition at all times.

(b) new text begin Each vehicle and its equipment must be inspected daily.
new text end

new text begin (c) new text end Each special transportation provider shall maintain the following records for
each vehicle:

(1) an identification of the vehicle, including make, serial number, and year, and, if
the vehicle is not owned by the provider, the name and address of the person furnishing
the vehicle;

(2) a schedule of inspection and maintenance operations to be performed;

(3) a record of inspections, repairs, and maintenance showing the date and nature;

(4) a lubrication record; and

(5) a record of tests conducted to ensure that emergency doors or windows and
wheelchair lifts function properly.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end