Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 155-H.F.No. 1174 
                  An act relating to transportation; expanding authority 
                  of commissioner of transportation to regulate 
                  providers of special transportation service; 
                  classifying data; providing for administrative fees 
                  and penalties; amending Minnesota Statutes 1994, 
                  sections 13.99, by adding subdivisions; 174.30, 
                  subdivisions 2, 3, 4, 6, and by adding subdivisions; 
                  and 174.315. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 57a.  [SPECIAL TRANSPORTATION SERVICE 
        PROVIDERS.] Certain data relating to alleged violations by 
        special transportation service providers is governed under 
        section 174.30, subdivision 9. 
           Sec. 2.  Minnesota Statutes 1994, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 57b.  [SPECIAL TRANSPORTATION SERVICE; AMBULANCE 
        SERVICE.] Data relating to a person's physical condition or 
        medical treatment gathered by the commissioner of transportation 
        or the commissioner of health in an investigation of an alleged 
        violation by a special transportation service provider, is 
        governed by section 174.315. 
           Sec. 3.  Minnesota Statutes 1994, section 174.30, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AUTHORITY TO ADOPT; PURPOSE AND CONTENT; 
        RULEMAKING.] The commissioner of transportation shall adopt by 
        rule standards for the operation of vehicles used to provide 
        special transportation service which are reasonably necessary to 
        protect the health and safety of individuals using that 
        service.  The commissioner, as far as practicable, consistent 
        with the purpose of the standards, shall avoid adoption of 
        standards that unduly restrict any public or private entity or 
        person from providing special transportation service because of 
        the administrative or other cost of compliance. 
           Standards adopted under this section must include but are 
        not limited to: 
           (a) qualifications of drivers and attendants, including 
        driver training requirements that must be met before a driver 
        provides special transportation; 
           (b) safety of vehicles and necessary safety equipment; 
           (c) general requirements concerning inspection and 
        maintenance of vehicles, replacement vehicles, standard vehicle 
        equipment, and specialized equipment necessary to ensure vehicle 
        usability and safety for disabled persons; and 
           (d) minimum insurance requirements; and 
           (e) assessment of administrative penalties for violations. 
           The commissioner shall consult with the council on 
        disability before making a decision on a variance from the 
        standards. 
           Sec. 4.  Minnesota Statutes 1994, section 174.30, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OTHER STANDARDS; WHEELCHAIR SECUREMENT.] (a) A 
        special transportation service that transports individuals 
        occupying wheelchairs is subject to the provisions of sections 
        299A.11 to 299A.18 concerning wheelchair securement devices.  
        The commissioners of transportation and public safety shall 
        cooperate in the enforcement of this section and sections 
        299A.11 to 299A.18 so that a single inspection is sufficient to 
        ascertain compliance with sections 299A.11 to 299A.18 and with 
        the standards adopted under this section.  Representatives of 
        the department of transportation may inspect wheelchair 
        securement devices in vehicles operated by special 
        transportation service providers to determine compliance with 
        sections 299A.11 to 299A.18 and to issue certificates under 
        section 299A.14, subdivision 4. 
           (b) In place of a certificate issued under section 299A.14, 
        the commissioner may issue a decal under subdivision 4 for a 
        vehicle equipped with a wheelchair securement device if the 
        device complies with sections 299A.11 to 299A.18 and the decal 
        displays the information in section 299A.14, subdivision 4. 
           Sec. 5.  Minnesota Statutes 1994, section 174.30, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VEHICLE AND EQUIPMENT INSPECTION; PROCEDURES 
        DECAL; FEE.] (a) The commissioner shall inspect or provide for 
        the inspection of vehicles at least annually.  In addition to 
        scheduled annual inspections and reinspections scheduled for the 
        purpose of verifying that deficiencies have been corrected, 
        unannounced inspections of any vehicle may be conducted.  The 
        commissioner shall provide for the unannounced inspection 
        quarterly of at least five percent of the vehicles operated by 
        providers certified by the commissioner. 
           (b) On determining that a vehicle or vehicle equipment is 
        in a condition that is likely to cause an accident or breakdown, 
        the commissioner shall require the vehicle to be taken out of 
        service immediately.  The commissioner shall require that 
        vehicles and equipment not meeting standards be repaired and 
        brought into conformance with the standards and shall require 
        written evidence of compliance from the operator before allowing 
        the operator to return the vehicle to service.  
           (c) The commissioner shall provide in the rules procedures 
        for inspecting vehicles, removing unsafe vehicles from service, 
        determining and requiring compliance, and reviewing driver 
        qualifications. 
           (d) The commissioner shall design a distinctive decal to be 
        issued to special transportation service providers with a 
        current certificate of compliance under this section.  A decal 
        is valid for one year from the last day of the month in which it 
        is issued.  A person who is subject to the operating standards 
        adopted under this section may not provide special 
        transportation service in a vehicle that does not conspicuously 
        display a decal issued by the commissioner. 
           Sec. 6.  Minnesota Statutes 1994, section 174.30, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PREEMPTION OF OTHER REQUIREMENTS.] (a) 
        Notwithstanding any other law, ordinance, or resolution to the 
        contrary, an operator of special transportation service that has 
        been issued a current certificate of compliance under 
        subdivision 4a for vehicles used to provide that service is not 
        required to obtain any other state or local permit, license or 
        certificate as a condition of operating the vehicles for that 
        purpose.  This subdivision does not exempt any vehicle from the 
        requirements imposed on vehicles generally as a condition of 
        using the public streets and highways.  
           (b) The requirements of sections 169.781 to 169.783 and 
        chapter 221 do not apply to vehicles when they are being 
        operated under a current certificate of compliance issued by the 
        commissioner. 
           Sec. 7.  Minnesota Statutes 1994, section 174.30, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [ADMINISTRATIVE PENALTIES.] 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. 
           Penalties collected under this section must be deposited in 
        the state treasury and credited to the trunk highway fund. 
           Sec. 8.  Minnesota Statutes 1994, section 174.30, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [COMPLAINT DATA; CLASSIFICATION.] When 
        information is furnished to the department of transportation 
        that alleges a violation of this section, an operating standard 
        adopted under this section, or section 174.315, the following 
        data are classified as confidential data or protected nonpublic 
        data: 
           (1) names of complainants; 
           (2) complaint letters; and 
           (3) other unsolicited data when furnished by a person who 
        is not the subject of the data and who is not a department 
        employee. 
           Sec. 9.  Minnesota Statutes 1994, section 174.315, is 
        amended to read: 
           174.315 [SPECIAL TRANSPORTATION; LIFE SUPPORT AMBULANCE 
        SERVICES PROHIBITED.] 
           Subdivision 1.  [PROHIBITION.] Special transportation 
        services shall not provide or offer transportation to persons 
        who might reasonably require basic or advanced life support, as 
        defined in section 144.804 ambulance service, as defined in 
        section 144.801, subdivision 4, while in the special 
        transportation vehicle.  The commissioner of health 
        transportation shall investigate all complaints alleging 
        violations of this section and shall report the results of the 
        investigation to the commissioner of transportation.  When 
        requested, the commissioner of health shall assist the 
        commissioner of transportation in determining whether a 
        violation occurred. 
           Subd. 2.  [DATA CLASSIFIED.] Data relating to an 
        individual's physical condition or medical treatment collected, 
        received, or maintained by the department of transportation 
        under this section are private data on individuals.  The 
        commissioner of transportation may disclose data classified as 
        private data on individuals to the commissioner of health to the 
        extent necessary to determine if a violation of this section 
        occurred. 
           Subd. 3.  [PENALTIES.] Notwithstanding section 174.30, 
        subdivision 8, the commissioner of transportation may issue an 
        order assessing a monetary penalty of up to $10,000 for a 
        violation of this section.  The minimum penalty for a third 
        violation of this section within three years shall be revocation 
        of the certificate issued under section 174.30, subdivision 4a.  
        A person whose certificate is revoked under this section may 
        appeal the commissioner's action in a contested case proceeding 
        under chapter 14. 
           Presented to the governor May 9, 1995 
           Signed by the governor May 10, 1995, 10:28 a.m.