HF 1159
1st Committee Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/22/2009 12:38 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to the metropolitan area; modifying provisions related to a periodic
1.3evaluation of the metropolitan area's transportation system; modifying and
1.4clarifying provisions related to the provision of special transportation service;
1.5repealing an obsolete provision; providing penalties; repealing obsolete reporting
1.6requirements; amending Minnesota Statutes 2006, sections 473.1466; 473.386,
1.7subdivisions 1, 2, 2a, 3; repealing Minnesota Statutes 2006, sections 473.1465;
1.8473.247.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2006, section 473.1466, is amended to read:
1.11473.1466 new text begin TRANSPORTATION SYSTEM new text end PERFORMANCE AUDIT;
1.12TRANSIT EVALUATION.
1.13(a) In 1997 and every four years thereafter, the council shall provide for an
1.14independent entity selected through a request for proposal process conducted nationwide
1.15to do new text begin Prior to each major revision of the transportation policy plan, the council must carry new text end
1.16new text begin out new text end a performance audit new text begin evaluation new text end of the commuting new text begin metropolitan new text end area's transportation
1.17system as a whole. The performance audit new text begin evaluation new text end must evaluate the commuting
1.18area's ability to meet the region's needs new text begin need new text end for effective and efficient transportation of
1.19goods and people, new text begin and new text end evaluate future trends and their impacts on the region's new text begin area's new text end
1.20transportation system, andnew text begin . The council shall use the results of the performance evaluation new text end
1.21new text begin to new text end make recommendations for improving the systemnew text begin in each revision of the transportation new text end
1.22new text begin policy plannew text end . The performance audit must recommend performance-funding measures.
1.23(b) In 1999 and every four years thereafter, the council must evaluate the
1.24performance of the metropolitan transit system's operation in relationship to the regional
1.25transit performance standards developed by the council.
2.1 Sec. 2. Minnesota Statutes 2006, section 473.386, subdivision 1, is amended to read:
2.2 Subdivision 1. Service objectives. The council shall implement a special
2.3transportation service, as defined in section
174.29, in the metropolitan area. The service
2.4has the following objectives:
2.5(a) to provide greater access to transportation for the elderly, people with disabilities,
2.6and others with special transportation needs in the metropolitan area;
2.7(b) to develop an integrated system of special transportation service providing
2.8transportation tailored to meet special individual needs in the most cost-efficient manner;
2.9and
2.10(c) to use existing public, private, and private nonprofit providers of service
2.11wherever possiblenew text begin when feasible and cost-efficientnew text end , to supplement rather than replace
2.12existing service, and to increase the productivity of all special transportation vehicles
2.13available in the area.
2.14 Sec. 3. Minnesota Statutes 2006, section 473.386, subdivision 2, is amended to read:
2.15 Subd. 2. Service contracts; management; transportation accessibility advisory
2.16committee. (a) The council may contract for services necessary for the provision of
2.17special transportation. Transportation service provided under a contract must specify the
2.18service to be provided, the standards that must be met, and the rates for operating and
2.19providing special transportation services.
2.20(b) The council shall establish management policies for the service and may contract
2.21with a service administrator for day-to-day administration and management of the service.
2.22Any contract must delegate to the service administrator clear authority to administer and
2.23manage the delivery of the service pursuant to council management policies and must
2.24establish performance and compliance standards for the service administrator. The council
2.25may provide directly day to day administration and management of the service and may
2.26own or lease vehicles used to provide the service.
2.27(c) The council shall ensure that the service administrator establishes a system for
2.28registering and expeditiously responding to complaints by users, informing users of how
2.29to register complaints, and requiring providers to report on incidents that impair the safety
2.30and well-being of users or the quality of the service.
2.31new text begin (d) new text end The council shall annually report to the commissioner of transportation and the
2.32legislature on complaints and provider reports, the response of the service administrator,
2.33and steps taken by the council and the service administrator to identify causes and provide
2.34remedies to recurring problemsnew text begin on its special transportation services as part of the program new text end
2.35new text begin evaluation provided for in section 473.13, subdivision 1anew text end .
3.1(d) Each year before renewing contracts with providers and the service administrator,
3.2the council shall provide an opportunity for the transportation accessibility advisory
3.3committee, users, and other interested persons to testify before the council concerning
3.4providers, contract terms, and other matters relating to council policies and procedures for
3.5implementing the service.
3.6 new text begin (e) The council shall provide, on an annual basis, an opportunity for users and new text end
3.7new text begin other interested persons to provide testimony to the council concerning services provided new text end
3.8new text begin under this section.new text end
3.9(e) new text begin (f)new text end The council shall establish a Transportation Accessibility Advisory Committeenew text begin new text end
3.10new text begin consisting of 15 members and a chair to advise the council on management policies for new text end
3.11new text begin the council's special transportation servicenew text end . The Transportation Accessibility Advisory
3.12Committee must include elderly and disabled persons, other users of special transportation
3.13service, representatives of persons contracting to provide special transportation services,
3.14and representatives of appropriate agencies for elderly and disabled persons to advise
3.15the council on management policies for the service. At least half the Transportation
3.16Accessibility Advisory Committee members must be disabled or elderly persons or
3.17the representatives of disabled or elderly persons. Two of the appointments to the
3.18Transportation Accessibility Advisory Committee shall be made by the Council on
3.19Disability in consultation with the chair of the Metropolitan Councilnew text begin persons who are both new text end
3.20new text begin ADA certified and users of public transit in the metropolitan areanew text end . new text begin Two of the appointments new text end
3.21new text begin to the Transportation Accessibility Advisory Committee shall be made by the Minnesota new text end
3.22new text begin State Council on Disability in consultation with the chair of the Metropolitan Council.new text end
3.23 Sec. 4. Minnesota Statutes 2006, section 473.386, subdivision 2a, is amended to read:
3.24 Subd. 2a. Eligibility certificationnew text begin application and verification; penalty for new text end
3.25new text begin fraudulent certificationnew text end . new text begin If the council requires a person to be certified as eligible for new text end
3.26new text begin special transportation services, an applicant for certification must submit an application new text end
3.27new text begin form and the applicant's eligibility must be verified by a type of professional specified by new text end
3.28new text begin the council. new text end The council shall include the notice of penalty for fraudulent certification, andnew text begin :new text end
3.29new text begin (1) require the applicant to sign the application form and certify that the application new text end
3.30new text begin information is accurate; andnew text end
3.31new text begin (2)new text end require the person certifying new text begin verifying new text end the applicant new text begin applicant's eligibility new text end to sign
3.32the eligibility certification new text begin verification new text end form and the applicant to sign the application form,
3.33as provided in section
new text begin certify that the verifying information is accuratenew text end .
3.34new text begin The penalty provided for in section 174.295, subdivision 4, applies to the new text end
3.35new text begin certifications by the applicant and the person verifying the applicant's eligibility. The new text end
4.1new text begin council must include a notice of the penalty for fraudulent certification in the application new text end
4.2new text begin form and the eligibility verification form.new text end
4.3 Sec. 5. Minnesota Statutes 2006, section 473.386, subdivision 3, is amended to read:
4.4 Subd. 3. Duties of council. In implementing the special transportation service, the
4.5council shall:
4.6(a) encourage participation in the service by public, private, and private nonprofit
4.7providers of special transportation currently receiving capital or operating assistance
4.8from a public agency;
4.9(b) new text begin when feasible and cost-efficient, new text end contract with public, private, and private
4.10nonprofit providers that have demonstrated their ability to effectively provide service at
4.11a reasonable cost;
4.12(c) encourage individuals using special transportation to use the type of service
4.13most appropriate to their particular needs;
4.14(d) ensure that all persons providing special transportation service receive equitable
4.15treatment in the allocation of the ridership;
4.16(e) new text begin (d) new text end encourage shared rides to the greatest extent practicable;
4.17(f) new text begin (e) new text end encourage public agencies that provide transportation to eligible individuals
4.18as a component of human services and educational programs to coordinate with this
4.19service and to allow reimbursement for transportation provided through the service at rates
4.20that reflect the public cost of providing that transportation;
4.21(g) new text begin (f) new text end establish criteria to be used in determining individual eligibility for special
4.22transportation services;
4.23(h) new text begin (g) new text end consult with the Transportation Accessibility Advisory Committee in a
4.24timely manner before changes are made in the provision of special transportation services,
4.25including, but not limited to, changes in policies affecting the matters subject to hearing
4.26under subdivision 2;
4.27(i) new text begin (h) new text end provide for effective administration and enforcement of council policies
4.28and standards; new text begin andnew text end
4.29(j) annually evaluate providers of special transportation service to ensure compliance
4.30with the standards established for the program; and
4.31(k) new text begin (i) new text end ensure that, taken as a whole including contracts with public, private, and
4.32private nonprofit providers, the geographic coverage area of the special transportation
4.33service is continuous within the boundaries of the transit taxing district, as defined as of
4.34March 1, 2006, in section
473.446, subdivision 2.
5.1 Sec. 6. new text begin REPEALER.new text end
5.2new text begin Minnesota Statutes 2006, sections 473.1465; and 473.247,new text end new text begin are repealed.new text end
5.3 Sec. 7. new text begin APPLICATION.new text end
5.4new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end
5.5new text begin Scott, and Washington.new text end
5.6 Sec. 8. new text begin EFFECTIVE DATE.new text end
5.7new text begin This act is effective the day following final enactment.new text end