HF 992

as introduced - 90th Legislature (2017 - 2018) Posted on 02/13/2017 01:27pm

A bill for an act
relating to public safety; modifying requirements for commercial motor vehicle
road test for school bus endorsement; modifying provisions relating to third-party
testing for school bus companies; modifying requirements for issuance of school
bus driver's license endorsement; amending Minnesota Statutes 2016, sections
171.01, by adding subdivisions; 171.321, subdivisions 1, 3, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 21a. new text end

new text begin Commercial driver's license. new text end

new text begin "Commercial driver's license" has the meaning
given in Code of Federal Regulations, title 49, section 383.5.
new text end

Sec. 2.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
read:

new text begin Subd. 48b. new text end

new text begin Third-party tester. new text end

new text begin "Third-party tester" means an individual who is an
employee of a third-party testing program who has qualified for a third-party tester certificate
issued by the commissioner granting the individual authorization to conduct road tests or
skills tests.
new text end

Sec. 3.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
read:

new text begin Subd. 48c. new text end

new text begin Third-party testing program. new text end

new text begin "Third-party testing program" means a
program authorized by the commissioner to administer to an individual the road test or skills
test.
new text end

Sec. 4.

new text begin [171.1615] THIRD-PARTY TESTING PROGRAM ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin Only an entity described in subdivisions 2 to 7 may be
designated by the commissioner as a third-party testing program.
new text end

new text begin Subd. 2. new text end

new text begin Motor carrier. new text end

new text begin A motor carrier that is a third-party testing program must:
new text end

new text begin (1) be registered as a business with the secretary of state;
new text end

new text begin (2) own or lease, and operate, its own commercial motor vehicles;
new text end

new text begin (3) administer commercial driver's license road tests and any necessary endorsement
tests to operate the commercial motor vehicles; and
new text end

new text begin (4) administer tests only to employees of the business.
new text end

new text begin Subd. 3. new text end

new text begin School bus company. new text end

new text begin A school bus company that is a third-party testing
program must:
new text end

new text begin (1) be registered as a business with the secretary of state;
new text end

new text begin (2) own or lease, and operate, its own school buses;
new text end

new text begin (3) administer road tests and any necessary endorsement tests to operate the school
buses; and
new text end

new text begin (4) administer tests only to employees of the company, unless a bilateral agreement has
been approved by the commissioner under section 171.1617.
new text end

new text begin Subd. 4. new text end

new text begin Postsecondary school. new text end

new text begin A postsecondary school that is a third-party testing
program must:
new text end

new text begin (1) be a public institution regulated by the North Central Association of Colleges and
Schools under chapter 124D, or be a public institution regulated by the Board of Trustees
of the Minnesota State Colleges and Universities;
new text end

new text begin (2) own or lease its own vehicles used for testing, or contract to operate
government-owned vehicles;
new text end

new text begin (3) offer courses in operating commercial motor vehicles or motorcycles;
new text end

new text begin (4) administer commercial driver's license road and endorsement tests or motorcycle
endorsement skills tests; and
new text end

new text begin (5) administer tests only to students enrolled full time who complete courses offered by
the institution.
new text end

new text begin Subd. 5. new text end

new text begin School district. new text end

new text begin A school district that is a third-party testing program must:
new text end

new text begin (1) own or lease, and operate, its own school buses;
new text end

new text begin (2) administer road tests and any necessary endorsement tests to operate a school bus;
and
new text end

new text begin (3) administer tests only to employees of the district, unless a bilateral agreement has
been approved by the commissioner under section 171.1617.
new text end

new text begin Subd. 6. new text end

new text begin Motorcycle safety course. new text end

new text begin A motorcycle safety course that is a third-party
testing program must:
new text end

new text begin (1) be licensed as a commercial driver's education program under rules promulgated by
the commissioner;
new text end

new text begin (2) be registered as a business with the secretary of state or have a tax identification
number as a nonprofit organization;
new text end

new text begin (3) own or lease its own motorcycles used for testing, or contract to operate
government-owned motorcycles;
new text end

new text begin (4) administer skills tests and any necessary endorsement tests to operate a motorcycle;
and
new text end

new text begin (5) administer tests only to students 18 years of age and older who are enrolled full time
in the program's motorcycle course and who complete the course.
new text end

new text begin Subd. 7. new text end

new text begin Public transit authority. new text end

new text begin A public transit authority that is a third-party testing
program must:
new text end

new text begin (1) own and operate its own commercial passenger buses;
new text end

new text begin (2) administer road tests and any necessary endorsement tests to operate a bus; and
new text end

new text begin (3) administer tests only to employees of the authority.
new text end

Sec. 5.

new text begin [171.1616] THIRD-PARTY TESTER QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin To be certified as a third-party tester, an individual must
apply to, and be approved by, the commissioner as specified in this section. The individual
must:
new text end

new text begin (1) possess a valid driver's license;
new text end

new text begin (2) be at least age 21;
new text end

new text begin (3) be a licensed driver in a United States state for the past three years;
new text end

new text begin (4) before the date of application, have maintained continuous valid driving privileges
for the past year;
new text end

new text begin (5) pass a prequalifying tester examination;
new text end

new text begin (6) be an employee of a third-party testing program;
new text end

new text begin (7) successfully complete the test administration training required of state-employed
examiners; and
new text end

new text begin (8) have the class of driver's license and endorsements to operate the type of vehicles
for which the road tests and skills tests are administered.
new text end

new text begin Subd. 2. new text end

new text begin State employee. new text end

new text begin An employee of the Minnesota Department of Public Safety
is prohibited from being a certified third-party tester.
new text end

new text begin Subd. 3. new text end

new text begin Driver education instructor. new text end

new text begin Except for an instructor in a licensed or approved
motorcycle driver education program, a third-party tester is prohibited from simultaneously
being an instructor in a licensed or approved driver education program.
new text end

new text begin Subd. 4. new text end

new text begin Motorcycle tester qualifications. new text end

new text begin All third-party testers employed by a
third-party testing program for a motorcycle endorsement must be currently certified as
Motorcycle Safety Foundation instructors. An instructor must meet the certification standards
specified for a rider coach in the 2001 Motorcycle Safety Foundation Basic Rider Course
Curriculum Manual.
new text end

new text begin Subd. 5. new text end

new text begin Employment. new text end

new text begin A certified third-party tester must have a certificate for each
third-party testing program that employs the tester. The tester must reapply and be approved
for a new certificate to conduct tests on behalf of a new third-party testing program. The
tester may be simultaneously employed by more than one program.
new text end

new text begin Subd. 6. new text end

new text begin Maintaining certification. new text end

new text begin To maintain certification as a third-party tester, an
individual must:
new text end

new text begin (1) be evaluated at least annually on the administration of tests and record keeping;
new text end

new text begin (2) attend annual in-service training, workshops, or seminars provided at a minimum of
once each year by the commissioner;
new text end

new text begin (3) submit monthly testing reports in a format specified by the commissioner;
new text end

new text begin (4) account for all record of examinations issued by the commissioner to a third-party
tester and submit the record of examination immediately to the commissioner after completing
a road test or skills test; and
new text end

new text begin (5) provide proof that all tests administered were to employees of the third-party testing
program or to students enrolled full time in a commercial truck driver training course or
motorcycle training course, unless a bilateral agreement under section 171.1617, subdivision
4, is approved by the commissioner.
new text end

Sec. 6.

new text begin [171.1617] TEST ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Road tests and skills tests conducted by a third-party
tester must meet the requirements established by the commissioner in Minnesota Rules.
new text end

new text begin Subd. 2. new text end

new text begin Third-party tester restrictions. new text end

new text begin A third-party tester must not:
new text end

new text begin (1) test a driver who does not possess a valid Minnesota driver's license;
new text end

new text begin (2) delegate any portion of testing to another individual;
new text end

new text begin (3) test an individual who is not a bona fide employee of a third-party testing program,
or test an individual who is not enrolled as a full-time student of the third-party testing
program, unless a bilateral agreement under subdivision 4 is approved by the commissioner;
new text end

new text begin (4) test a person related to the tester by blood, marriage, or adoption;
new text end

new text begin (5) impose a fee in excess of $100 to test any person;
new text end

new text begin (6) test anyone with a physical disability who may need an individualized restriction
added to the person's driver's license; or
new text end

new text begin (7) test anyone who has not completed all coursework and exercises before administering
a road test or skills test.
new text end

new text begin Subd. 3. new text end

new text begin Repeat test limit. new text end

new text begin (a) A third-party testing program may administer a second
skills or road test to a student who has failed the initial skills or road test only if the student:
new text end

new text begin (1) completes four more hours of training, including a skills test, beyond that normally
provided by the licensed driver education program; and
new text end

new text begin (2) for motorcycle course students, completes a practice period of no less than one week
after the failed test.
new text end

new text begin (b) A student who completes a third-party testing program's driver education course and
twice fails the skills or road test administered by the program may only take subsequent
skills or road tests administered by state examiners.
new text end

new text begin Subd. 4. new text end

new text begin Bilateral agreements. new text end

new text begin Notwithstanding subdivision 2, clause (3), a school
district that is a third-party testing program and owns or operates school buses may enter
into an agreement with other school districts to test the other districts' school bus driver
employees, and a school bus company that is a third-party testing program and owns or
operates school buses may enter into an agreement with other school bus companies to test
the other companies' school bus driver employees. The agreement must be submitted to the
commissioner for approval. A certified third-party tester must be employed by a school
district or a school bus company providing the testing services.
new text end

new text begin Subd. 5. new text end

new text begin Testing contingencies. new text end

new text begin (a) A third-party testing program must inform each test
applicant that test results and test passage are contingent upon:
new text end

new text begin (1) remaining employed with the third-party testing program or, in the case of a bilateral
agreement under subdivision 4, with the contracting entity, for three months following the
test administration date; and
new text end

new text begin (2) completing the approved or licensed truck driver training or motorcycle driver
education program.
new text end

new text begin (b) State examiners may retest a student or employee if:
new text end

new text begin (1) required by a state or federal audit; or
new text end

new text begin (2) there is reason to believe the test was not appropriately administered.
new text end

Sec. 7.

Minnesota Statutes 2016, section 171.321, subdivision 1, is amended to read:

Subdivision 1.

Endorsement.

No person shall drive a school bus when transporting
school children to or from school or upon a school-related trip or activity without having a
valid class A, class B, or class C driver's license with a school bus endorsement except that
a person possessing a valid driver's license but not a school bus endorsement may drive a
type III vehicle or a school bus, subject to the requirements of section 171.02, subdivisions
2, 2a, and 2b. new text begin The commissioner must use the criteria in this section and section 171.3215
when issuing or denying a new school bus endorsement, or when renewing or canceling an
existing endorsement.
new text end

Sec. 8.

Minnesota Statutes 2016, section 171.321, subdivision 3, is amended to read:

Subd. 3.

Records check of applicant.

deleted text begin (a) deleted text end Before issuing or renewing a school bus
endorsement, the commissioner shall conduct a criminal history and driver's license records
check of the applicant. The commissioner may also conduct the check at any time while a
person is so licensed. The check must consist of a criminal history check of the state criminal
records repository and a check of the driver's license records system. If the applicant has
resided in Minnesota for less than five years, the check must also include a national criminal
history check. The commissioner shall accept the national criminal history check request
and the fingerprints of the applicant and is authorized to exchange fingerprints with the
Federal Bureau of Investigation and request the Federal Bureau of Investigation to conduct
a criminal history check. The applicant's failure to cooperate with the commissioner in
conducting the records check is reasonable cause to deny an application or cancel a school
bus endorsement. The commissioner may not release the results of the records check to any
person except the applicant or the applicant's designee in writing.

deleted text begin (b) The commissioner may issue to an otherwise qualified applicant a temporary school
bus endorsement, effective for no more than 180 days, upon presentation of (1) an affidavit
by the applicant that the applicant has not been convicted of a disqualifying offense and (2)
a criminal history check from each state of residence for the previous five years. The criminal
history check may be conducted and prepared by any public or private source acceptable
to the commissioner. The commissioner may reissue the temporary endorsement if the
national criminal records repository check is timely submitted but not completed within the
180-day period.
deleted text end

Sec. 9.

Minnesota Statutes 2016, section 171.321, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Application for temporary endorsement; records check. new text end

new text begin (a) The
commissioner may issue to an otherwise qualified applicant a temporary school bus
endorsement, effective for no more than 180 days, upon presentation of:
new text end

new text begin (1) a notarized affidavit from the applicant:
new text end

new text begin (i) attesting that the applicant is not currently charged with a felony against another and
has not been convicted of a disqualifying offense under section 171.3215; and
new text end

new text begin (ii) identifying the states in which the applicant has resided in the five years immediately
before the date of application; and
new text end

new text begin (2) a notarized affidavit from an authorized individual of a school district or a contractor
employed by a school or school district:
new text end

new text begin (i) attesting that a criminal records check has been requested on the applicant;
new text end

new text begin (ii) specifying the source of the criminal records check; and
new text end

new text begin (iii) attesting that the affiant has no knowledge that the applicant is currently charged
with a felony against another or has been convicted of a disqualifying offense under section
171.3215.
new text end

new text begin (b) The criminal records check must be obtained:
new text end

new text begin (1) from the Bureau of Criminal Apprehension state criminal records repository for an
individual who has resided in this state for the five years immediately before the date of
application; or from a government agency performing the same function as the Bureau of
Criminal Apprehension in each resident state other than Minnesota for an individual who
has resided in a state other than Minnesota at any time in the five years immediately before
the date of application;
new text end

new text begin (2) from the Federal Bureau of Investigation; or
new text end

new text begin (3) from a private source acceptable to the commissioner.
new text end

new text begin (c) The commissioner may reissue the temporary endorsement if the criminal records
check request is timely submitted but not completed within the 180-day period.
new text end

Sec. 10.

Minnesota Statutes 2016, section 171.321, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Felony charges. new text end

new text begin (a) The commissioner is prohibited from considering an
application for an initial school bus endorsement submitted by an individual charged with
a felony against another until that individual is found not guilty of the charge.
new text end

new text begin (b) A driver with a school bus endorsement who is charged with a felony against another
must notify the employer within seven days of the charge. If the driver fails to notify the
employer, the commissioner must revoke the endorsement. If the endorsement is revoked
under this paragraph, the commissioner must not reinstate the endorsement until:
new text end

new text begin (1) the driver is found not guilty of the charge; or
new text end

new text begin (2) the later of five years after final disposition of the case or the applicant's release from
a correctional facility.
new text end