HF 3002

as introduced - 91st Legislature (2019 - 2020) Posted on 02/17/2020 04:31pm

A bill for an act
relating to transportation; requiring transportation network companies to make
vehicles wheelchair accessible; requiring nondiscrimination policies; establishing
the wheelchair accessible vehicle services account; appropriating money; amending
Minnesota Statutes 2018, section 221.091, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 221.

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

Section 1.

new text begin [221.0311] TRANSPORTATION NETWORK COMPANY
ACCESSIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in section
65B.472, subdivision 1, apply.
new text end

new text begin (b) "Wheelchair accessible vehicle" means a vehicle equipped with a ramp or lift capable
of transporting nonfolding motorized wheelchairs, mobility scooters, or other mobility
devices.
new text end

new text begin Subd. 2. new text end

new text begin Wheelchair accessibility surcharge; fleet fee. new text end

new text begin (a) Transportation network
companies must pay a 15-cent surcharge per ride that is not accessible to wheelchair users
originating in Minnesota to the commissioner of transportation. The surcharge must be paid
monthly.
new text end

new text begin (b) The commissioner shall deposit all surcharges and fees collected under this
subdivision into the wheelchair accessible vehicle services account established under section
221.0312.
new text end

new text begin Subd. 3. new text end

new text begin Digital network accessibility. new text end

new text begin A transportation network company's digital
network must be accessible to individuals with disabilities by January 1, 2021.
new text end

new text begin Subd. 4. new text end

new text begin Equity data report. new text end

new text begin (a) By October 1 each year, all transportation network
companies must report to the commissioner and the Minnesota Council on Disability about
the accessibility of services provided in the previous year to individuals with disabilities in
each community served. At a minimum, the report must include the:
new text end

new text begin (1) estimated time of arrival for wheelchair accessible vehicles;
new text end

new text begin (2) total number of wheelchair accessible vehicles requested;
new text end

new text begin (3) total number of rides fulfilled in wheelchair accessible vehicles;
new text end

new text begin (4) total number of wheelchair accessible rides that were denied;
new text end

new text begin (5) total number of requested wheelchair accessible rides that were referred to a third
party; and
new text end

new text begin (6) programs and best practices the transportation network company has implemented
to improve the accessibility of service to individuals with disabilities.
new text end

new text begin (b) All data required in the report must be capable of aggregation by city so that useful
comparisons can be made.
new text end

new text begin (c) Upon review of the report, if the commissioner concludes that transportation network
companies are not collectively having a positive impact on services provided to individuals
with disabilities, the commissioner may impose a fine up to $15,000 on each transportation
network company.
new text end

new text begin Subd. 5. new text end

new text begin Nondiscrimination policy. new text end

new text begin All transportation network companies must adopt
a nondiscrimination policy that is available on a publicly accessible website. The website
must provide notice of the policy and procedures to report a complaint to the Department
of Human Rights about a driver's alleged violation of the policy. The policy must include
the following:
new text end

new text begin (1) the transportation network company must take reasonable steps to ensure services
provided by drivers using the digital network are offered in a nondiscriminatory manner;
new text end

new text begin (2) the transportation network company must not unlawfully discriminate against a
prospective passenger or unlawfully refuse to provide service to a protected class of
passengers or certain localities;
new text end

new text begin (3) meaningful penalties, such as lost tips, reduced hours, suspension, or termination,
for drivers who deny services to a prospective passenger due to the passenger belonging to
a protected class;
new text end

new text begin (4) drivers must not refuse services to a prospective passenger with a service animal;
new text end

new text begin (5) the transportation network company must not charge an individual with a disability
an additional fee, including for the transport of a service animal, because of the individual's
disabilities;
new text end

new text begin (6) the transportation network company must provide on its digital network a way for
passengers with disabilities to request a wheelchair accessible vehicle;
new text end

new text begin (7) the transportation network company must facilitate transportation for passengers
requiring a wheelchair accessible vehicle by:
new text end

new text begin (i) connecting the passenger to a driver of a wheelchair accessible vehicle in the network;
or
new text end

new text begin (ii) directing the passenger to an alternate provider with the authority and ability to
dispatch a wheelchair accessible vehicle;
new text end

new text begin (8) if a passenger with a disability requires the use of a wheelchair, assistive technology,
or other mobility device, the driver must store and transport the equipment if reasonably
able to. If the driver is unable to reasonably store and transport the equipment, the driver
must refer the passenger to another driver or service provider with a vehicle able to
accommodate the equipment;
new text end

new text begin (9) drivers must allow wheelchair users the choice to independently transfer from their
wheelchairs to the wheelchair accessible vehicle if they are able to do so;
new text end

new text begin (10) when a ride is requested over the digital network, the total fare, fare range, or rate
by distance or time must be displayed before the ride is confirmed. Any variables that may
result in higher rates or fares, including tips, wait time, demand pricing, or any other
surcharges or fees must also be displayed;
new text end

new text begin (11) passengers may opt out of being rated by the driver;
new text end

new text begin (12) the transportation network company must not charge a fee if a passenger cancels a
ride because the vehicle is unsuitable for the passenger's disability needs;
new text end

new text begin (13) the transportation network company must not charge an additional fee for a personal
companion, orderly, or any other care assistant accompanying a passenger with a disability
on a ride;
new text end

new text begin (14) the transportation network company must not impose a minimum charge when a
driver is unable to locate a passenger; and
new text end

new text begin (15) the transportation network company must allow a passenger to contact a driver over
the digital network or telephone after a ride is confirmed.
new text end

Sec. 2.

new text begin [221.0312] WHEELCHAIR ACCESSIBLE VEHICLE SERVICES ACCOUNT;
GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Wheelchair accessible vehicle services account established. new text end

new text begin A
wheelchair accessible vehicle services account is created in the special revenue fund. The
account consists of money allotted, appropriated, or transferred to the account. Money in
the account is appropriated to the commissioner of transportation and distributed as provided
in subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Minimum collections. new text end

new text begin The commissioner must collect a minimum of $850,000
per year from transportation network companies and taxicab companies under section
221.0311, subdivision 2, for the wheelchair accessible vehicle services account. If the
collections are insufficient, the deficiency amount required to reach the minimum collection
threshold is annually transferred from the general fund to the wheelchair accessible vehicle
services account.
new text end

new text begin Subd. 3. new text end

new text begin Grant eligibility. new text end

new text begin (a) A taxicab company that maintains at least ten percent of
its active fleet as wheelchair accessible vehicles or an independent contractor of a
transportation network company who provides a service record of at least six months with
that company is eligible for grants under subdivision 4. A grant under subdivision 4 may
be used to meet the ten percent threshold.
new text end

new text begin (b) Operators of vehicles and grantees must complete ....... hours of disability training
to be eligible to receive grants under subdivision 4.
new text end

new text begin (c) Drivers of leased vehicles are not eligible for grants related to the cost and
maintenance of a wheelchair accessible vehicle.
new text end

new text begin (d) For purposes of this subdivision, "active fleet" means the total number of vehicles
registered with the transportation network company or taxicab company capable of providing
rides.
new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin The commissioner of transportation shall award grants using the funds
in the wheelchair accessible vehicle services account to taxicab companies or independent
contractors of transportation network companies:
new text end

new text begin (1) to purchase wheelchair accessible vehicles or modify existing vehicles so they are
accessible, up to $7,500 per purchased or modified vehicle;
new text end

new text begin (2) for maintenance or equipment expenses related to ramps, axles, brakes, or
transmissions on wheelchair accessible vehicles in their fleet, up to $3,500 per vehicle;
new text end

new text begin (3) for drivers who provide wheelchair accessible rides, up to $20 per ride fulfilled; and
new text end

new text begin (4) for drivers who provide wheelchair accessible rides for a shift exceeding four hours,
up to $15 per shift.
new text end

Sec. 3.

Minnesota Statutes 2018, section 221.091, subdivision 2, is amended to read:

Subd. 2.

Small vehicle passenger service.

(a) A statutory or home rule charter city that
licenses and regulates small vehicle passenger service must do so by ordinance. The ordinance
must, at a minimum, provide for driver qualifications, insurance, vehicle safety, and periodic
vehicle inspections.

new text begin (b) A statutory or home rule charter city may waive any license fees of a transportation
network company or taxicab company that maintains ten percent of its active fleet as
wheelchair accessible vehicles. For purposes of this paragraph, a "transportation network
company" has the meaning given in section 65B.472, subdivision 1.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A statutory or home rule charter city that has adopted an ordinance complying
with this subdivision may enforce the registration requirement in section 221.021.

deleted text begin (c) deleted text end new text begin (d) new text end A statutory or home rule charter city that regulates, by ordinance, pedicabs,
rickshaws, or other similar vehicles used for passenger service may permit authorized
vehicles to be equipped with an electric motor that meets the requirements for an
electric-assisted bicycle under section 169.011, subdivision 27, clause (3).