SF 2814

as introduced - 86th Legislature (2009 - 2010) Posted on 02/23/2010 10:18am

A bill for an act
relating to human services; changing day training and habilitation insurance
provisions; setting liability limits; changing the age limit for operators of
vehicles for hire; directing the commissioner to seek a federal waiver; allowing
a sales tax exemption for certain vehicles; amending Minnesota Statutes 2008,
sections 171.322; 174.30, subdivision 1; 297B.03; proposing coding for new law
in Minnesota Statutes, chapter 65B.

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

Section 1.

new text begin [65B.136] DAY TRAINING AND HABILITATION
TRANSPORTATION INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin People who may drive provider's vehicles. new text end

new text begin Notwithstanding
section 171.322, an insurer may not prohibit a day training and habilitation transportation
provider from utilizing any holder of a valid Class A drivers license under section 171.02
to drive the provider's vehicle.
new text end

new text begin Subd. 2. new text end

new text begin People who may be transported by providers. new text end

new text begin In order to efficiently
transport as many clients as possible in a single vehicle, an insurer may not prohibit day
training and habilitation providers from transporting clients of other providers.
new text end

new text begin Subd. 3. new text end

new text begin Liability limits. new text end

new text begin Day training and habilitation transportation providers
under sections 252.40 to 252.46 have the same liability limits as the state as set forth
in section 3.736, subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Insurer defined. new text end

new text begin For purposes of this section, "insurer" means an insurer
issuing or renewing a policy of private passenger vehicle insurance as defined in section
65B.001.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.322, is amended to read:

171.322 AGE LIMIT FOR OPERATOR OF VEHICLE FOR HIRE new text begin ;
EXEMPTION new text end .

new text begin (a) new text end No person under 18 years of age shall operate a motor vehicle while it is in use as
a carrier of persons for hire, nor shall any person under 18 years of age drive a passenger
carrying vehicle as a hired driver.

new text begin (b) A day training and habilitation provider under section 252.40 to 252.46 is not a
carrier of persons for hire under this section or any other section.
new text end

Sec. 3.

Minnesota Statutes 2008, section 174.30, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

(a) The operating standards for special transportation
service adopted under this section do not apply to special transportation provided by:

(1) a common carrier operating on fixed routes and schedules;

(2) a volunteer driver using a private automobile;

(3) a school bus as defined in section 169.011, subdivision 71; or

(4) an emergency ambulance regulated under chapter 144.

(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 any new text begin day training and habilitation services provider under sections 252.40 to 252.46,
new text end nursing home licensed under section 144A.02, to any board and care facility licensed
under section 144.50, or to any deleted text begin day training and habilitation services, deleted text end day care deleted text begin , deleted text end 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.

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

Sec. 4.

Minnesota Statutes 2008, section 297B.03, is amended to read:

297B.03 EXEMPTIONS.

There is specifically exempted from the provisions of this chapter and from
computation of the amount of tax imposed by it the following:

(1) purchase or use, including use under a lease purchase agreement or installment
sales contract made pursuant to section 465.71, of any motor vehicle by the United States
and its agencies and instrumentalities and by any person described in and subject to the
conditions provided in section 297A.67, subdivision 11;

(2) purchase or use of any motor vehicle by any person who was a resident of
another state or country at the time of the purchase and who subsequently becomes a
resident of Minnesota, provided the purchase occurred more than 60 days prior to the date
such person began residing in the state of Minnesota and the motor vehicle was registered
in the person's name in the other state or country;

(3) purchase or use of any motor vehicle by any person making a valid election to be
taxed under the provisions of section 297A.90;

(4) purchase or use of any motor vehicle previously registered in the state of
Minnesota when such transfer constitutes a transfer within the meaning of section 118,
331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal
Revenue Code;

(5) purchase or use of any vehicle owned by a resident of another state and leased
to a Minnesota-based private or for-hire carrier for regular use in the transportation of
persons or property in interstate commerce provided the vehicle is titled in the state of
the owner or secured party, and that state does not impose a sales tax or sales tax on
motor vehicles used in interstate commerce;

(6) purchase or use of a motor vehicle by a private nonprofit or public educational
institution for use as an instructional aid in automotive training programs operated by the
institution. "Automotive training programs" includes motor vehicle body and mechanical
repair courses but does not include driver education programs;

(7) purchase of a motor vehicle for use as an ambulance by an ambulance service
licensed under section 144E.10;

(8) purchase of a motor vehicle by or for a public library, as defined in section
134.001, subdivision 2, as a bookmobile or library delivery vehicle;

(9) purchase of a ready-mixed concrete truck;

(10) purchase or use of a motor vehicle by a town for use exclusively for road
maintenance, including snowplows and dump trucks, but not including automobiles,
vans, or pickup trucks;

(11) purchase or use of a motor vehicle by a corporation, society, association,
foundation, or institution organized and operated exclusively for charitable, religious,
or educational purposes, except a public school, university, or library, but only if the
vehicle is:

(i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a
passenger automobile, as defined in section 168.002 deleted text begin , if the automobile is designed and
used for carrying more than nine persons including the driver deleted text end ; and

(ii) intended to be used primarily to transport tangible personal property or
individuals, other than employees, to whom the organization provides service in
performing its charitable, religious, or educational purpose;

(12) purchase of a motor vehicle for use by a transit provider exclusively to provide
transit service is exempt if the transit provider is either (i) receiving financial assistance or
reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29,
473.388, or 473.405;

(13) purchase or use of a motor vehicle by a qualified business, as defined in section
469.310, located in a job opportunity building zone, if the motor vehicle is principally
garaged in the job opportunity building zone and is primarily used as part of or in direct
support of the person's operations carried on in the job opportunity building zone. The
exemption under this clause applies to sales, if the purchase was made and delivery
received during the duration of the job opportunity building zone. The exemption under
this clause also applies to any local sales and use tax; and

(14) purchase of a leased vehicle by the lessee who was a participant in a
lease-to-own program from a charitable organization that is:

(i) described in section 501(c)(3) of the Internal Revenue Code; and

(ii) licensed as a motor vehicle lessor under section 168.27, subdivision 4.

Sec. 5. new text begin COMMISSIONER TO SEEK WAIVER.
new text end

new text begin The commissioner of human services is directed to secure authorization from the
Center for Medicare and Medicaid to permit day training and habilitation providers under
Minnesota Statutes, sections 252.40 to 252.46, to be reimbursed their transportation per
diem when their client is transported by another day training and habilitation provider
and separately pay that provider.
new text end