SF 3468

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 04:18pm

A bill for an act
relating to transportation; modifying operating standards for special transportation
service providers; amending Minnesota Statutes 2018, section 174.30, subdivisions
2a, 4a, 8; repealing Minnesota Statutes 2018, section 174.30, subdivision 4b.

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

Section 1.

Minnesota Statutes 2018, section 174.30, subdivision 2a, is amended to read:

Subd. 2a.

Vehicle and equipment safety; provider responsibilities.

(a) Every special
transportation service provider shall systematically inspect, repair, and maintain, or cause
to be inspected, repaired, and maintained, the vehicles and equipment subject to the control
of the provider. Each vehicle and its equipment must be inspected daily. A vehicle may not
be operated in a condition that is likely to cause an accident or breakdown of the vehicle.
Equipment, including specialized equipment necessary to ensure vehicle usability and safety
for disabled persons, must be in proper and safe operating condition at all times.

(b) Each special transportation provider shall maintain the following records for each
vehicle:

(1) an identification of the vehicle, including make, serial number, and year, and, if the
vehicle is not owned by the provider, the name and address of the person furnishing the
vehicle;

(2) a schedule of inspection and maintenance operations to be performed;

(3) a record of inspections, repairs, and maintenance showing the date and nature;

(4) a lubrication record; deleted text begin and
deleted text end

(5) a record of tests conducted to ensure that emergency doors or windows and wheelchair
lifts function properly deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) a record of trips, limited to date, time, and driver's name.
new text end

Sec. 2.

Minnesota Statutes 2018, section 174.30, subdivision 4a, is amended to read:

Subd. 4a.

Certification of special transportation provider.

(a) The commissioner may
refuse to issue a certificate of compliance if an individual specified in subdivision 10,
paragraph (a), clauses (1) to (3), is disqualified new text begin or is not on the provider's active roster, as
defined in section 245C.02, subdivision 17a, paragraph (b) new text end .

(b) The commissioner shall annually evaluate or provide for the evaluation of each
provider of special transportation service regulated under this section and certify that the
provider is in compliance with the standards under this section.

Sec. 3.

Minnesota Statutes 2018, section 174.30, subdivision 8, is amended to read:

Subd. 8.

Administrative penalties; loss of certificate of compliance.

(a) The
commissioner may issue an order requiring violations of this section and the operating
standards adopted under this section to be corrected and assessing monetary penalties of up
to $1,000 for all violations identified during a single inspection, investigation, or audit.
Section 221.036 applies to administrative penalty orders issued under this section or section
174.315. The commissioner shall suspend, without a hearing, a special transportation service
provider's certificate of compliance for failure to pay, or make satisfactory arrangements to
pay, an administrative penalty when due.

(b) If the commissioner determines that an individual subject to background studies
under subdivision 10, paragraph (a), is disqualified new text begin or is not on the provider's active roster,
as defined in section 245C.02, subdivision 17a, paragraph (b) new text end , the commissioner must issue
a written notice ordering the special transportation service provider to immediately cease
permitting the individual to perform services or functions listed in subdivision 10, paragraph
(a). The written notice must include a warning that failure to comply with the order may
result in the suspension or revocation of the provider's certificate of compliance under this
section.

(c) The commissioner may suspend or revoke a provider's certificate of compliance upon
determining that, following receipt by a provider of written notice under paragraph (b), the
individual has continued to perform services or functions listed in subdivision 10, paragraph
(a), for the provider. A provider whose certificate is suspended or revoked may appeal the
commissioner's action in a contested case proceeding under chapter 14.

new text begin (d) If the commissioner determines that a provider has failed to pay the decal fees as
required by subdivision 4, the commissioner must send written notice by certified mail
ordering the provider to pay the applicable fees within 60 days after the notice was mailed.
new text end

new text begin (e) The commissioner may suspend a provider's certificate of compliance if the provider
fails to submit the required payment after receiving written notice under paragraph (d). A
provider whose certificate is suspended may appeal the commissioner's action in a contested
case proceeding under chapter 14.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end Penalties collected under this section must be deposited in the state treasury and
credited to the trunk highway fund.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 174.30, subdivision 4b, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-5544

174.30 OPERATING STANDARDS FOR SPECIAL TRANSPORTATION SERVICE.

Subd. 4b.

Variance from the standards.

A nonemergency medical transportation provider who was not subject to the standards in this section prior to July 1, 2014, must apply for a variance from the commissioner if the provider cannot meet the standards by January 1, 2017. The commissioner may grant or deny the variance application. Variances, if granted, shall not exceed 60 days unless extended by the commissioner.