Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 311--S.F.No. 891
           An act relating to transportation; permitting the use 
          of state vehicles in ridesharing arrangements; 
          providing for a unique registration category and 
          special license plates for commuter vans; defining 
          ridesharing arrangement and other terms; clarifying 
          taxation, licensing, and vehicle use requirements in 
          ridesharing arrangements; excluding certain 
          ridesharing arrangements from the provisions of 
          chapter 176 governing workers' compensation; 
          clarifying employers' liability under workers' 
          compensation for a ridesharing arrangement; excluding 
          participation in a ridesharing arrangement from 
          overtime compensation and the payment of minimum wages 
          as defined in chapter 177; excluding payments other 
          than salary to drivers in ridesharing arrangements 
          from the definition of gross income; excluding motor 
          vehicles participating in ridesharing arrangements 
          from the definition of commercial motor vehicle; 
          deleting the requirement to transfer rideshare program 
          development from the commissioner of transportation; 
          amending Minnesota Statutes 1982, sections 16.753, 
          subdivision 3; 169.01, by adding a subdivision; 
          174.257, by adding subdivisions; 176.041; 176.051, by 
          adding subdivisions; 290.08, by adding a subdivision; 
          296.17; and Laws 1981, chapter 363, section 55, 
          subdivision 2; proposing new law coded in Minnesota 
          Statutes, chapters 168 and 177. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 16.753, 
subdivision 3, is amended to read: 
    Subd. 3.  [PERMITTED USES.] A state vehicle may be used by 
a state employee to travel to or from the employee's residence:  
    (a) On a day on which it may be necessary for the employee 
to respond to a work-related emergency during hours when the 
employee is not normally working; or 
    (b) If the employee has been assigned the use of a state 
vehicle for authorized state business on an extended basis, and 
the employee's primary place of work is not the state work 
station to which he is permanently assigned; or 
    (c) If the employee has been assigned the use of a state 
vehicle for authorized state business away from the work station 
to which he is permanently assigned, and the number of miles 
travelled, or the time needed to conduct the business, will be 
minimized if the employee uses a state vehicle to travel to the 
employee's residence before or after travelling to the place of 
state business.  Use of a state vehicle pursuant to this 
subdivision shall require the prior approval of the agency head, 
or the designee of the agency head.  Within 15 days of the end 
of each three-month period, beginning July 1, 1981, the head of 
each state agency or department shall report to the commissioner 
of administration on each case in which a state vehicle is used 
by an employee of that agency to travel to or from the 
employee's residence.  The commissioner shall specify the form 
of this report and the information to be included.  If no state 
vehicles have been used for this travel, the head of the agency 
shall report this to the commissioner; or 
    (d) If the employee is authorized to participate in a 
ridesharing program established by the commissioner pursuant to 
section 174.257.  
    Sec. 2.  [168.126] [COMMUTER VANS; REGISTRATION, LICENSE 
PLATES.] 
    Subdivision 1.  [UNIQUE REGISTRATION CATEGORY.] A unique 
vehicle registration category is established for vehicles known 
as commuter vans, as defined in section 221.011, subdivision 22, 
paragraph (l).  
    Subd. 2.  [LICENSE PLATES.] The registrar shall issue 
special license plates for a commuter van as defined in section 
221.011, subdivision 22, paragraph (l), upon the applicant's 
compliance with the laws of Minnesota relating to registration 
and licensing of motor vehicles and drivers.  
    Subd. 3.  [ELIGIBILITY CRITERIA; COMMISSIONER OF PUBLIC 
SAFETY.] The commissioner of public safety, in cooperation with 
the commissioner of transportation, shall establish criteria and 
procedures governing applications for and issuance of plates 
permitted by this section.  The criteria and procedures may 
include:  
    (1) certification of vehicle use as a commuter van;  
    (2) provision for transfer of special license plates; and 
    (3) deposit of fees for the registration, sale, and 
transfer of commuter vans.  
    The special plate must be designed to specifically identify 
the vehicle as a commuter van.  
    Sec. 3.  Minnesota Statutes 1982, section 169.01, is 
amended by adding a subdivision to read: 
    Subd. 63.  [RIDESHARING ARRANGEMENT.] "Ridesharing 
arrangement" means the transportation of persons, for a fee or 
otherwise, in a motor vehicle when the transportation is 
incidental to another purpose of the driver.  The term includes 
the forms of shared transportation known as carpools, commuter 
vanpools, and buspools, whether or not furnished by an 
employer.  A "ridesharing arrangement" does not include 
transportation of employees by an employer from one place of 
employment to another. 
    Sec. 4.  Minnesota Statutes 1982, section 169.01, is 
amended by adding a subdivision to read:  
    Subd. 64.  [BUSPOOL.] "Buspool" means a prearranged 
ridesharing arrangement in which a group of persons travel 
together on a regular basis in a bus, especially to and from 
their place of employment or to and from a transit stop 
authorized by a local transit authority.  
    Sec. 5.  Minnesota Statutes 1982, section 169.01, is 
amended by adding a subdivision to read:  
    Subd. 65.  [CARPOOL.] "Carpool" means a prearranged 
ridesharing arrangement in which two or more persons travel 
together on a regular basis in an automobile, especially to and 
from their place of employment or to and from a transit stop 
authorized by a local transit authority.  
    Sec. 6.  Minnesota Statutes 1982, section 169.01, is 
amended by adding a subdivision to read:  
    Subd. 66.  [COMMUTER VANPOOL.] "Commuter vanpool" means a 
prearranged ridesharing arrangement in which seven to 16 persons 
travel together on a regular basis in a commuter van, especially 
to and from their place of employment or to and from a transit 
stop authorized by a local transit authority.  
    Sec. 7.  Minnesota Statutes 1982, section 174.257, is 
amended to read: 
    174.257 [RIDESHARING PROGRAM.] 
    Subdivision 1.  [REQUIREMENTS.] The commissioner of 
transportation shall establish a ridesharing program in order to 
advise citizens of the available alternatives to travel by low 
occupancy vehicles and the benefits derived from sharing rides.  
The program shall must provide citizens with necessary 
information and opportunities for sharing rides, encourage 
citizens to share rides, and assist citizens in obtaining access 
to shared rides.  The program shall must make use of existing 
services and agencies whenever possible.  The program shall must 
give priority to assisting employers who will implement employee 
ridesharing programs.  The services provided by the program 
shall must include, but not be limited to:  
    (a) providing general information to potential ridesharing 
users;  
    (b) establishing procedures for the implementation of 
ridesharing programs by individuals, groups, corporations, or 
local agencies;  
    (c) offering assistance to local governments and other 
political subdivisions in implementing ridesharing programs;  
    (d) providing technical assistance to those individuals, 
groups, corporations, or local agencies;  
    (e) providing advice to individuals requesting assistance 
in finding ridesharing opportunities and programs;  
    (f) providing van leasing, insurance, assistance in 
obtaining insured leased vans and management assistance to 
individuals and persons implementing ridesharing programs.  
    Subd. 2.  [NO TAX OR LICENSE.] No political subdivision may 
impose a tax on, or require a license for a ridesharing 
arrangement as defined in section 3.  
    Subd. 3.  [VEHICLE USE BY POLITICAL SUBDIVISION.] A 
political subdivision may authorize the use of motor vehicles 
which it owns or operates for ridesharing arrangements for its 
employees, and may establish reasonable reimbursement rates for 
that use.  
    Subd. 4.  [VEHICLE USE BY STATE.] The state may authorize 
the use of motor vehicles which it owns or operates for 
ridesharing arrangements for its employees, and shall establish 
reasonable reimbursement rates for that use.  The commissioner 
of administration shall by September 1, 1983, establish a 
demonstration program for using state-owned vehicles, other than 
commuter vans, for use in ridesharing arrangements for state 
employees.  
    Sec. 8.  Minnesota Statutes 1982, section 176.041, 
subdivision 1, is amended to read: 
    Subdivision 1.  [EMPLOYMENTS EXCLUDED.] This chapter does 
not apply to persons a person employed by any a common carrier 
by railroad engaged in interstate or foreign commerce, which 
persons are and who is covered by the Federal Employers' 
Liability Act (45 U.S.C. 51-60), United States Code, title 45, 
sections 51 to 60, or other comparable federal law; persons to a 
person employed by a family farms farm as defined by section 
176.011, subdivision 11a, or the spouse, parent, and child, 
regardless of age, of a farmer-employer working for him; 
partners to a partner engaged in any a farm operation or 
partners a partner engaged in a business and the spouse, parent, 
and child, regardless of age, of any of the partners of a 
partner in the farm operation or business; to an executive 
officer of a family farm corporation; to an executive officer of 
a closely held corporation referred to in section 176.012; any 
to a spouse, parent, or child, regardless of age, of an 
executive officer of a family farm corporation as defined in 
section 500.24, subdivision 2, and employed by that family farm 
corporation; any to a spouse, parent, or child, regardless of 
age, of an executive officer of a closely held corporation 
referred to in section 176.012; or other farmers to another 
farmer or members of their families to a member of the other 
farmer's family exchanging work with the farmer-employer or 
family farm corporation operator in the same community, or 
persons; to a person whose employment at the time of the injury 
is casual, and not in the usual course of the trade, business, 
profession, or occupation of his the employer; nor does it this 
chapter apply to officers an officer or members a member of 
veteran's organizations a veterans' organization whose 
employment relationship arises solely by virtue of attending 
meetings or conventions of their the veterans' organization, 
unless the veteran's organizations elect veterans' organization 
elects by resolution to provide coverage under this chapter for 
the officers officer or members member.  
     Neither shall does the chapter apply to any a person 
employed as a household worker in, for, or about, a private home 
or household who earns less than $500 in cash in any a 
three-month period from a single private home or household 
provided that any a household worker who has earned $500 or more 
from his the present employer in any a three-month period within 
the previous year shall be is covered by this chapter regardless 
of whether or not he the household worker has in the present 
quarter earned $500.  
    This chapter does not apply to those persons employed by a 
corporation where if those persons are related by blood or 
marriage, within the third degree of kindred according to the 
rules of civil law, to all of the officers of the corporation, 
and if the corporation files a written election with the 
commissioner of labor and industry to have those persons 
excluded from this chapter.  
    This chapter does not apply to a nonprofit association 
which does not pay more than $500 in salary or wages in a year.  
    This chapter does not apply to employees injured while 
participating in a ridesharing arrangement as defined in section 
3, between the employee's residence and place of employment or 
terminus near the place of employment.  This chapter does apply 
if the employer elects to assume liability coverage under this 
chapter for persons injured while participating in ridesharing 
arrangements as outlined in section 9, subdivision 3.  
    Sec. 9.  Minnesota Statutes, section 176.051, is amended to 
read: 
    176.051 [ASSUMPTION OF LIABILITY; FARM AND HOUSEHOLD 
WORKERS; RIDESHARING.] 
    Subdivision 1.  [FARM AND HOUSEHOLD WORKERS.] An employer 
of workers on any a farm operation or household workers not 
otherwise covered by this chapter may assume the liability for 
compensation imposed by this chapter and such the employer's 
procurement of a workers' compensation policy constitutes an 
assumption by the employer of such liability unless the employer 
elects in writing not to have such those persons covered and the 
policy so states the that election.  This assumption of 
liability takes effect and continues from the effective date of 
the policy and only as long only as the policy remains in 
force.  If during the life of any such the insurance policy any, 
an employee, who is a worker on any a farm operation or a 
household worker, suffers personal injury or death arising out 
of and in the course of his employment, the exclusive remedy of 
the employee or his the employee's dependents is under this 
chapter.  For purposes of this section, farm worker shall does 
not include any a spouse, parent, or child, regardless of age, 
of any a farmer or of any, a partner in a farm operation, or 
of any an officer of a family farm corporation as defined in 
section 500.24, subdivision 1, nor shall does it include other 
farmers in the same community or members of their family 
exchanging work with the farmer-employer or family farm 
corporation operator. 
    Subd. 2.  [COMPENSATION LIMITATION; RIDESHARING 
ARRANGEMENTS.] The purpose of subdivisions 3 and 4 is to promote 
and encourage ridesharing arrangements by limiting compensation 
under this chapter to persons injured while in ridesharing 
arrangements in programs covered by an employer's election under 
subdivision 3.  
    Subd. 3.  [EMPLOYER LIABILITY ASSUMPTIONS.] An employer of 
workers participating in a ridesharing arrangement as defined by 
section 3 may assume the liability of compensation imposed by 
this chapter and the employer's procurement of a workers' 
compensation policy constitutes an assumption by the employer of 
liability unless the employer elects in writing not to have 
those persons covered and the policy states that election. 
Election by an employer to assume liability of compensation 
imposed by this chapter does not extend to persons not employed 
by the employer.  
    Subd. 4.  [NO FAULT COVERAGE PRIMARY.] Notwithstanding an 
election by an employer to assume liability of compensation 
imposed by this chapter, the benefits provided under chapter 65B 
are the primary coverage for an injury incurred by a driver or a 
passenger while in a ridesharing arrangement, including an 
injury incurred while entering or alighting from a motor vehicle 
used in a ridesharing arrangement.  
    Sec. 10.  [177.251] [RIDESHARING NOT OVERTIME.] 
    The provisions of this chapter relating to compensation for 
overtime and payment of a minimum wage do not apply to employees 
while they are participating in ridesharing arrangements as 
defined in section 3.  
    Sec. 11.  Minnesota Statutes 1982, section 290.08, 
subdivision 23, is amended to read: 
    Subd. 23.  [COMMUTER VAN USE RIDESHARING PAYMENTS NOT GROSS 
INCOME.] Gross income shall does not include benefits derived by 
a driver from the personal use of a commuter van owned by a 
person other than the driver.  For purposes of this subdivision, 
commuter van shall mean a motor vehicle having a capacity of 
seven to 16 persons which is used principally to provide 
prearranged transportation of persons to or from their place of 
employment or to or from a transit stop authorized by a local 
transit authority which vehicle is to be operated by a person 
who does not drive the vehicle for his principal occupation but 
is driving it only to or from his principal place of employment, 
to or from a transit stop authorized by a local transit 
commission, or for personal use when authorized by the owner. 
The exemption shall not apply to monetary compensation received 
by a person in return for his services in driving the van 
payments, other than salary, received by a driver of a motor 
vehicle for use of the motor vehicle in a ridesharing 
arrangement as defined in section 3. 
    Sec. 12.  Minnesota Statutes 1982, section 296.17, 
subdivision 7, is amended to read: 
    Subd. 7.  [DEFINITIONS.] As used in subdivisions 7 to 22: 
    (a) "motor fuel" means any a liquid, regardless of its 
composition or properties, used to propel a motor vehicle; 
    (b) "commercial motor vehicle" means a passenger vehicle 
that has seats for more than nine passengers in addition to the 
driver, or any a road tractor, or any a tractor truck, or 
any a truck having more than two axles, which passenger vehicle, 
road tractor, tractor truck or truck is propelled by motor fuel, 
but does not include a motor vehicle while used in a ridesharing 
arrangement as defined in section 3; 
    (c) "motor carrier" means any a person who operates or 
causes to be operated any a commercial motor vehicle on any a 
highway in this state; 
    (d) "operations" "operation" means operation of all 
commercial motor vehicles whether loaded or empty, whether for 
compensation or not for compensation, and whether owned by or 
leased to the motor carrier who operates them or causes them to 
be operated; and 
    (e) "highway" means the entire width between the boundary 
lines of every way publicly maintained when any part thereof of 
the highway is open to the use of for the public for purposes of 
vehicular to travel on. 
    Sec. 13.  Laws 1981, chapter 363, section 55, subdivision 
2, is amended to read:  
    Subd. 2.  [RIDESHARING.] The sum of $75,000 for the first 
year and $50,000 for the second year of the biennium are 
appropriated from the trunk highway fund to the commissioner of 
transportation to continue operation of the rideshare program 
implemented pursuant to under section 174.257.  The commissioner 
shall complete program development and transfer responsibility 
for local program planning and operation activity to private 
operators or local authorities, or any combination of them, by 
June 30, 1983, when the state participation in the program shall 
cease.  A status report shall be presented to the legislature by 
January 15, 1982.  The rideshare program shall must be 
administered so as to ensure maximum use of available federal 
aid.  The commissioner shall not expend more than $250,000 for 
the first year and $150,000 for the second year of federal aid 
funds for any activities relating to ridesharing, including but 
not limited to, promoting ridematching and professional services 
if federal funds are or may be available for highway improvement 
or maintenance purposes.  
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 10 and sections 12 and 13 are effective the 
day following final enactment.  Section 11 is effective for 
taxable years beginning after December 31, 1982. 
    Approved June 9, 1983