HF 1159

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm

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 TRANSPORTATION SYSTEM 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 Prior to each major revision of the transportation policy plan, the council must carry
1.16out a performance audit evaluation of the commuting metropolitan area's transportation
1.17system as a whole. The performance audit evaluation must evaluate the commuting
1.18area's ability to meet the region's needs need for effective and efficient transportation of
1.19goods and people, and evaluate future trends and their impacts on the region's area's
1.20transportation system, and. The council shall use the results of the performance evaluation
1.21to make recommendations for improving the system in each revision of the transportation
1.22policy plan. 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 possible when feasible and cost-efficient, 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.
2.31(d) 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 problems on its special transportation services as part of the program
2.35evaluation provided for in section 473.13, subdivision 1a.
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    (e) The council shall provide, on an annual basis, an opportunity for users and
3.7other interested persons to provide testimony to the council concerning services provided
3.8under this section.
3.9(e) (f) The council shall establish a Transportation Accessibility Advisory Committee
3.10consisting of 15 members and a chair to advise the council on management policies for
3.11the council's special transportation service. 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 Council persons who are both
3.20ADA certified and users of public transit in the metropolitan area. Two of the appointments
3.21to the Transportation Accessibility Advisory Committee shall be made by the Minnesota
3.22State Council on Disability in consultation with the chair of the Metropolitan Council.

3.23    Sec. 4. Minnesota Statutes 2006, section 473.386, subdivision 2a, is amended to read:
3.24    Subd. 2a. Eligibility certification application and verification; penalty for
3.25fraudulent certification. If the council requires a person to be certified as eligible for
3.26special transportation services, an applicant for certification must submit an application
3.27form and the applicant's eligibility must be verified by a type of professional specified by
3.28the council. The council shall include the notice of penalty for fraudulent certification, and:
3.29(1) require the applicant to sign the application form and certify that the application
3.30information is accurate; and
3.31(2) require the person certifying verifying the applicant applicant's eligibility to sign
3.32the eligibility certification verification form and the applicant to sign the application form,
3.33as provided in section 174.295 certify that the verifying information is accurate.
3.34The penalty provided for in section 174.295, subdivision 4, applies to the
3.35certifications by the applicant and the person verifying the applicant's eligibility. The
4.1council must include a notice of the penalty for fraudulent certification in the application
4.2form and the eligibility verification form.

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) when feasible and cost-efficient, 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) (d) encourage shared rides to the greatest extent practicable;
4.17(f) (e) 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) (f) establish criteria to be used in determining individual eligibility for special
4.22transportation services;
4.23(h) (g) 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) (h) provide for effective administration and enforcement of council policies
4.28and standards; and
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) (i) 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. REPEALER.
5.2Minnesota Statutes 2006, sections 473.1465; and 473.247, are repealed.

5.3    Sec. 7. APPLICATION.
5.4This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
5.5Scott, and Washington.

5.6    Sec. 8. EFFECTIVE DATE.
5.7This act is effective the day following final enactment.