HF 1163

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:20am

A bill for an act
relating to transportation; modifying requirements for issuance of school bus
driver's license endorsement; amending Minnesota Statutes 2014, section
171.321, subdivisions 1, 3, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2014, 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 shall utilize 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. 2.

Minnesota Statutes 2014, 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. 3.

Minnesota Statutes 2014, 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. 4.

Minnesota Statutes 2014, 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 shall not consider the application
for an initial school bus endorsement of 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 shall notify the employer within seven days of the charge. If the driver fails to
notify the employer, the commissioner shall revoke the endorsement. If the endorsement is
revoked under this paragraph, the commissioner shall 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