HF 3044

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; establishing the Twin 
  1.3             Cities metropolitan area transit accessibility board; 
  1.4             granting powers and assigning duties to the board; 
  1.5             appropriating money; amending Minnesota Statutes 1997 
  1.6             Supplement, section 174.29, subdivision 1; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 473. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.10  174.29, subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DEFINITION.] For the purpose of sections 
  1.12  174.29 and, 174.30, and 473.950 to 473.958, "special 
  1.13  transportation service" means motor vehicle transportation 
  1.14  provided on a regular basis by a public or private entity or 
  1.15  person that is designed exclusively or primarily to serve 
  1.16  individuals who are elderly, handicapped, or disabled and who 
  1.17  are unable to use regular means of transportation but do not 
  1.18  require ambulance service, as defined in section 144E.001, 
  1.19  subdivision 3.  Special transportation service includes but is 
  1.20  not limited to service provided by specially equipped buses, 
  1.21  vans, taxis, and volunteers driving private automobiles. 
  1.22     Sec. 2.  [473.950] [DEFINITIONS.] 
  1.23     Subdivision 1.  [APPLICATION.] For the purpose of sections 
  1.24  473.950 to 473.958, the terms defined in this section have the 
  1.25  meanings given them, unless another meaning is clearly indicated.
  1.26     Subd. 2.  [ACCESSIBLE TRANSIT.] "Accessible transit" means 
  2.1   special transportation services, as defined in section 174.29, 
  2.2   subdivision 1, as well as rail and other transit alternatives 
  2.3   for people with disabilities and elderly individuals who are 
  2.4   unable to use regular means of transportation without 
  2.5   modifications, but who do not require ambulance service, as 
  2.6   defined in section 144.801, subdivision 4. 
  2.7      Subd. 3.  [BOARD.] "Board" means the Twin Cities 
  2.8   metropolitan area transit accessibility board established in 
  2.9   section 473.952. 
  2.10     Sec. 3.  [473.952] [TWIN CITIES METROPOLITAN AREA TRANSIT 
  2.11  ACCESSIBILITY BOARD.] 
  2.12     Subdivision 1.  [CREATION.] A transit accessibility board 
  2.13  is created with jurisdiction in the Twin Cities metropolitan 
  2.14  area.  It is organized and structured as provided in this 
  2.15  section.  The purposes of the board are: 
  2.16     (1) to conduct a comprehensive assessment of the accessible 
  2.17  transit needs of people with disabilities and the elderly 
  2.18  throughout the Twin Cities metropolitan area; 
  2.19     (2) to conduct an independent evaluation of user 
  2.20  satisfaction with existing accessible transit services; 
  2.21     (3) to develop short and long-range plans to meet 
  2.22  identified needs in a timely, reliable, and efficient manner.  
  2.23  The board shall cooperate with the metropolitan council and 
  2.24  other public agencies, as appropriate, to integrate to the 
  2.25  greatest extent practical, planning for accessible transit 
  2.26  services with other forms of public and private transit; and 
  2.27     (4) to make recommendations regarding accessible transit to 
  2.28  the metropolitan council, the department of transportation, 
  2.29  local counties, and the legislature. 
  2.30     Subd. 2.  [MEMBERSHIP AND QUALIFICATIONS OF MEMBERS.] The 
  2.31  board shall be composed of 15 members.  Each board member must 
  2.32  be a resident of the metropolitan area. 
  2.33     Subd. 3.  [APPOINTMENT OF MEMBERS.] One member who is a 
  2.34  regular user of existing special transportation services must be 
  2.35  appointed by the board of commissioners of each of the seven 
  2.36  counties in the Twin Cities metropolitan area.  A regular user 
  3.1   is defined as someone who uses special transportation services 
  3.2   at least an average of once per week.  Two members must be 
  3.3   appointed by the metropolitan council's transit accessibility 
  3.4   advisory committee.  Two members must be appointed by the 
  3.5   Minnesota consortium for citizens with disabilities.  Two 
  3.6   members must be appointed by the Minnesota senior federation.  
  3.7   One member must be appointed by the metropolitan council and one 
  3.8   member must be appointed by the commissioner of transportation. 
  3.9      Subd. 4.  [OFFICERS.] The chair of the board shall be 
  3.10  elected by, and from among, the members of the board for a 
  3.11  one-year term.  The chair shall preside at meetings of the 
  3.12  board, if present, and shall perform all other duties assigned 
  3.13  by the board or by law.  The board shall elect officers in 
  3.14  addition to the chair as it deems necessary for the conduct of 
  3.15  its duties. 
  3.16     Subd. 5.  [MEMBERSHIP TERMS.] The terms of the members 
  3.17  shall be three years with the terms ending on June 30, 2001. 
  3.18     Subd. 6.  [COMPENSATION AND MEMBERSHIP.] Compensation of 
  3.19  members, removal of members, and filling of membership vacancies 
  3.20  shall be governed by the provisions of sections 15.0575 and 
  3.21  15.0597. 
  3.22     Sec. 4.  [473.954] [POWERS OF BOARD.] 
  3.23     Subdivision 1.  [GENERAL POWERS.] The board has all powers 
  3.24  that may be necessary or convenient to enable it to perform the 
  3.25  duties and responsibilities imposed on it by law.  The powers 
  3.26  include the specific powers enumerated in this section. 
  3.27     Subd. 2.  [EMPLOYEES.] The board shall prescribe all terms 
  3.28  and conditions for the employment of its employees including, 
  3.29  but not limited to, adopting a compensation and classification 
  3.30  plan for its employees.  Employees of the board are public 
  3.31  employees and are members of the Minnesota state retirement 
  3.32  system.  Those employed by the metropolitan council and 
  3.33  transferred to the board may at their option become members of 
  3.34  the public retirement association to which they belonged as 
  3.35  employees of the predecessor of the board.  The board shall make 
  3.36  the employer's contributions to pension funds of its employees. 
  4.1      Subd. 3.  [GIFTS AND APPROPRIATIONS.] The board may accept 
  4.2   gifts, apply for and use grants or loans of money or other 
  4.3   property from the United States, the state, or any person for 
  4.4   any board purpose, and may enter into agreements required in 
  4.5   connection therewith, and may hold, use, and dispose of the 
  4.6   money or property in accordance with the terms of the gift, 
  4.7   grant, loan, or agreement relating thereto. 
  4.8      Subd. 4.  [INSURANCE.] The board may provide for 
  4.9   self-insurance or otherwise provide for insurance relating to 
  4.10  any of its property, rights, or revenue, workers' compensation, 
  4.11  public liability, or any other risk or hazard arising from its 
  4.12  activities, and may provide for insuring any of its officers or 
  4.13  employees against the risk or hazard at the expense of the 
  4.14  board.  If the board provides for self-insurance, against its 
  4.15  liability and the liability of its officers, employees, and 
  4.16  agents for damages resulting from its torts and those of its 
  4.17  officers, employees, and agents, including its obligation to pay 
  4.18  basic economic loss benefits under sections 65B.41 to 65B.71, it 
  4.19  shall be entitled to deduct from damages and basic economic loss 
  4.20  benefits all money paid or payable to the persons seeking 
  4.21  damages and benefits from all governmental entities providing 
  4.22  medical, hospital, and disability benefits except for payments 
  4.23  made under the aid to families with dependent children or 
  4.24  medical assistance programs. 
  4.25     Sec. 5.  [473.956] [DUTIES OF BOARD.] 
  4.26     Subdivision 1.  [GENERAL DUTIES.] The board shall: 
  4.27     (a) conduct a comprehensive assessment of the accessible 
  4.28  transit needs of people with disabilities and the elderly 
  4.29  throughout the Twin Cities metropolitan area; 
  4.30     (b) conduct an independent evaluation of user satisfaction 
  4.31  with existing accessible transit services; 
  4.32     (c) develop short and long-range plans to meet identified 
  4.33  needs in a timely, reliable, and efficient manner.  The board 
  4.34  shall cooperate with the metropolitan council and other public 
  4.35  agencies, as appropriate, to integrate to the greatest extent 
  4.36  practical, planning for accessible transit services with other 
  5.1   forms of public and private transit; and 
  5.2      (d) make recommendations regarding accessible transit to 
  5.3   the metropolitan council, the department of transportation, 
  5.4   local counties, and the legislature. 
  5.5      The board has the following objectives to: 
  5.6      (1) promote greater, more timely, reliable, and efficient 
  5.7   access to transportation throughout the metropolitan area for 
  5.8   people with disabilities and the elderly; 
  5.9      (2) reflect broad consumer input into the planning and 
  5.10  evaluation of accessible transit services for people with 
  5.11  disabilities and the elderly in the metropolitan area; 
  5.12     (3) promote an integrated system of accessible transit 
  5.13  services, coordinated, to the greatest extent practical, with 
  5.14  other forms of public and private transit; and 
  5.15     (4) plan for the use of existing public, private, and 
  5.16  private nonprofit providers of service wherever possible, in a 
  5.17  manner that supplements rather than replaces existing service, 
  5.18  and that increases the productivity of all accessible transit 
  5.19  services available in the area. 
  5.20     Subd. 2.  [COMPLIANCE.] The board shall advise and assist 
  5.21  the metropolitan council and others, as appropriate, on 
  5.22  complying with the Americans with Disabilities Act. 
  5.23     Sec. 6.  [473.958] [REPORTING.] 
  5.24     By December 15th of each year, the board shall submit a 
  5.25  report and recommendations to the legislature, the metropolitan 
  5.26  council, local counties, and the department of transportation. 
  5.27     Sec. 7.  [APPROPRIATION.] 
  5.28     $....... is appropriated from the general fund to the chair 
  5.29  of the Twin Cities metropolitan area transit accessibility board 
  5.30  for fiscal year 1999 for the purpose of performing duties 
  5.31  assigned to the board under sections 1 to 6. 
  5.32     Sec. 8.  [EFFECTIVE DATE; APPLICATION.] 
  5.33     Sections 1 to 7 are effective July 1, 1998, and apply in 
  5.34  the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
  5.35  and Washington.  Sections 1 to 6 expire June 30, 2001.