1.1                          A bill for an act 
  1.2             relating to education; modifying provisions relating 
  1.3             to school bus safety; providing penalties; amending 
  1.4             Minnesota Statutes 1994, sections 123.7991, 
  1.5             subdivisions 2 and 3; 123.805, subdivisions 1 and 2; 
  1.6             124.225, subdivision 8m; 126.15, subdivision 2; 
  1.7             169.01, subdivision 6; 169.21, subdivision 2; 169.444, 
  1.8             subdivision 2; 169.4502, subdivision 4; 169.4503, by 
  1.9             adding a subdivision; 169.451, by adding a 
  1.10            subdivision; 169.452; 169.454, subdivision 5, and by 
  1.11            adding a subdivision; 171.01, subdivision 21; 171.18, 
  1.12            subdivision 1; 171.321, subdivisions 3, 4, and 5; 
  1.13            171.3215, subdivision 1; and 631.40, subdivision 1a; 
  1.14            proposing coding for new law in Minnesota Statutes, 
  1.15            chapters 169; and 604A. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 123.7991, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [STUDENT TRAINING.] (a) Each school district 
  1.20  shall provide public school pupils enrolled in grades 
  1.21  kindergarten through 12 10 with age-appropriate school bus 
  1.22  safety training.  The training shall be results-oriented and 
  1.23  shall consist of both classroom instruction and practical 
  1.24  training using a school bus.  Upon completing the training, a 
  1.25  student shall be able to demonstrate knowledge and understanding 
  1.26  of at least the following competencies and concepts: 
  1.27     (1) transportation by school bus is a privilege and not a 
  1.28  right; 
  1.29     (2) district policies for student conduct and school bus 
  1.30  safety; 
  2.1      (3) appropriate conduct while on the school bus; 
  2.2      (4) the danger zones surrounding a school bus; 
  2.3      (5) procedures for safely boarding and leaving a school 
  2.4   bus; 
  2.5      (6) procedures for safe vehicle lane street or road 
  2.6   crossing; and 
  2.7      (7) school bus evacuation and other emergency procedures. 
  2.8      (b) Each nonpublic school located within the district shall 
  2.9   provide all nonpublic school pupils enrolled in grades 
  2.10  kindergarten through 10 who are transported by school bus at 
  2.11  public expense and attend school within the district's 
  2.12  boundaries with training as required in paragraph (a).  The 
  2.13  school district shall make a bus available for the practical 
  2.14  training if the district transports the nonpublic students.  
  2.15  Each nonpublic school shall provide the instruction. 
  2.16     (c) Student school bus safety training shall commence 
  2.17  during school bus safety week.  All students enrolled in grades 
  2.18  kindergarten through 3 who are transported by school bus and are 
  2.19  enrolled during the first or second week of school must 
  2.20  demonstrate achievement of the school bus safety training 
  2.21  competencies by the end of the third week of school.  All 
  2.22  students enrolled in grades 4 through 10 who are transported by 
  2.23  school bus and are enrolled during the first or second week of 
  2.24  school must demonstrate achievement of the competencies by the 
  2.25  end of the sixth week of school.  Students enrolled in grades 
  2.26  kindergarten through 10 who enroll in a school after the first 
  2.27  second week of school and are transported by school bus shall 
  2.28  undergo school bus safety training and demonstrate achievement 
  2.29  of the school bus safety competencies within three four weeks of 
  2.30  the first day of attendance.  The pupil transportation safety 
  2.31  director in each district must certify to the commissioner of 
  2.32  education annually by October 15 that all students transported 
  2.33  by school bus within the district have satisfactorily 
  2.34  demonstrated knowledge and understanding of the school bus 
  2.35  safety competencies according to this section or provide an 
  2.36  explanation for a student's failure to demonstrate the 
  3.1   competencies.  The principal or other chief administrator of 
  3.2   each nonpublic school must certify annually to the public 
  3.3   transportation safety director of the district in which the 
  3.4   school is located that all of the school's students transported 
  3.5   by school bus at public expense have received training.  A 
  3.6   school district may deny transportation to a student who fails 
  3.7   to demonstrate the competencies, unless the student is unable to 
  3.8   achieve the competencies due to a disability, or to a student 
  3.9   who attends a nonpublic school that fails to provide training as 
  3.10  required by this subdivision. 
  3.11     (c) (d) A school district and a nonpublic school with 
  3.12  students transported by school bus at public expense must, to 
  3.13  the extent possible, provide kindergarten pupils with bus safety 
  3.14  training before the first day of school. 
  3.15     (d) (e) A school district and a nonpublic school with 
  3.16  students transported by school bus at public expense must also 
  3.17  provide student safety education for bicycling and pedestrian 
  3.18  safety. 
  3.19     (f) A school district and a nonpublic school with students 
  3.20  transported by school bus at public expense must make reasonable 
  3.21  accommodations for the school bus, bicycle, and pedestrian 
  3.22  safety training of pupils known to speak English as a second 
  3.23  language and pupils with disabilities. 
  3.24     Sec. 2.  Minnesota Statutes 1994, section 123.7991, 
  3.25  subdivision 3, is amended to read: 
  3.26     Subd. 3.  [MODEL TRAINING PROGRAM.] The commissioner of 
  3.27  education shall develop a comprehensive model school bus safety 
  3.28  training program for pupils who ride the bus that includes bus 
  3.29  safety curriculum for both classroom and practical instruction, 
  3.30  methods for assessing attainment of school bus safety 
  3.31  competencies, and age-appropriate instructional materials.  The 
  3.32  program must be adaptable for use by students with disabilities. 
  3.33     Sec. 3.  Minnesota Statutes 1994, section 123.805, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [COMPREHENSIVE POLICY.] Each school 
  3.36  district shall develop and implement a comprehensive, written 
  4.1   policy governing pupil transportation safety, including 
  4.2   transportation of nonpublic school students, when applicable.  
  4.3   The policy shall, at minimum, contain: 
  4.4      (1) provisions for appropriate student bus safety training 
  4.5   under section 123.7991; 
  4.6      (2) rules governing student conduct on school buses and in 
  4.7   school bus loading and unloading areas; 
  4.8      (3) a statement of parent or guardian responsibilities 
  4.9   relating to school bus safety; 
  4.10     (4) provisions for notifying students and parents or 
  4.11  guardians of their responsibilities and the rules; 
  4.12     (5) an intradistrict system for reporting school bus 
  4.13  accidents or misconduct, a system for dealing with local law 
  4.14  enforcement officials in cases of criminal conduct on a school 
  4.15  bus, and a system for reporting accidents, crimes, incidents of 
  4.16  misconduct, and bus driver dismissals to the department of 
  4.17  public safety under section 169.452; 
  4.18     (6) a discipline policy to address violations of school bus 
  4.19  safety rules, including procedures for revoking a student's bus 
  4.20  riding privileges in cases of serious or repeated misconduct; 
  4.21     (7) a system for integrating school bus misconduct records 
  4.22  with other discipline records; 
  4.23     (8) a statement of bus driver duties; 
  4.24     (9) planned expenditures for safety activities under 
  4.25  section 123.799 and, where applicable, provisions governing bus 
  4.26  monitor qualifications, training, and duties; 
  4.27     (10) rules governing the use and maintenance of type III 
  4.28  vehicles, drivers of type III vehicles, qualifications to drive 
  4.29  a type III vehicle, qualifications for a type III vehicle and 
  4.30  the circumstances under which a student may be transported in a 
  4.31  type III vehicle; 
  4.32     (11) operating rules and procedures; 
  4.33     (12) provisions for annual bus driver in-service training 
  4.34  and evaluation; 
  4.35     (13) emergency procedures; and 
  4.36     (14) a system for maintaining and inspecting equipment; 
  5.1      (15) requirements of the school district, if any, that 
  5.2   exceed state law minimum requirements for school bus operations; 
  5.3   and 
  5.4      (16) requirements for basic first aid training, which shall 
  5.5   include the Heimlich maneuver and procedures for dealing with 
  5.6   obstructed airways, shock, bleeding, and seizures. 
  5.7      School districts are encouraged to use the model policy 
  5.8   developed by the Minnesota school boards association, the 
  5.9   department of public safety, and the department of education, as 
  5.10  well as the current edition of the "National Standards for 
  5.11  School Buses and Operations" published by the National Safety 
  5.12  Council, in developing safety policies.  Each district shall 
  5.13  submit a copy of its policy under this subdivision to the school 
  5.14  bus safety advisory committee no later than August 1, 1994, and 
  5.15  review and make appropriate amendments annually by August 
  5.16  1.  Each district shall review its policy annually and make 
  5.17  appropriate amendments, which must be submitted to the school 
  5.18  bus safety advisory committee within one month of approval by 
  5.19  the school board. 
  5.20     Sec. 4.  Minnesota Statutes 1994, section 123.805, 
  5.21  subdivision 2, is amended to read: 
  5.22     Subd. 2.  [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each 
  5.23  school board shall designate a school transportation safety 
  5.24  director to oversee and implement pupil transportation safety 
  5.25  policies.  The director shall have day-to-day responsibility for 
  5.26  pupil transportation safety within the district, including 
  5.27  transportation of nonpublic school children when provided by the 
  5.28  district. 
  5.29     Sec. 5.  Minnesota Statutes 1994, section 124.225, 
  5.30  subdivision 8m, is amended to read: 
  5.31     Subd. 8m.  [TRANSPORTATION SAFETY AID.] A district's 
  5.32  transportation safety aid equals the district's reserved revenue 
  5.33  for transportation safety under subdivision 7f for that school 
  5.34  year.  Failure of a school district to comply with the reporting 
  5.35  requirements of section 123.7991, 123.805, 169.452, 169.4582, or 
  5.36  171.321, subdivision 5, may result in a withholding of that 
  6.1   district's transportation safety aid for that school year. 
  6.2      Sec. 6.  Minnesota Statutes 1994, section 126.15, 
  6.3   subdivision 2, is amended to read: 
  6.4      Subd. 2.  [APPOINTMENT OF MEMBERS.] Unless the parents or 
  6.5   guardian of a pupil object in writing to the school authorities 
  6.6   to the appointment of the pupil on a school safety patrol, it is 
  6.7   lawful for any pupil over nine years of age to be appointed and 
  6.8   designated as a member thereof, provided that in any school in 
  6.9   which there are no pupils who have attained such age any pupil 
  6.10  in the highest grade therein may be so appointed and 
  6.11  designated.  School authorities may also appoint and designate 
  6.12  nonpupil adults as members of a school safety patrol on a 
  6.13  voluntary or for-hire basis. 
  6.14     Sec. 7.  Minnesota Statutes 1994, section 169.01, 
  6.15  subdivision 6, is amended to read: 
  6.16     Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
  6.17  used to transport pupils to or from a school defined in section 
  6.18  120.101, or to or from school-related activities, by the school 
  6.19  or a school district, or by someone under an agreement with the 
  6.20  school or a school district.  A school bus does not include a 
  6.21  motor vehicle transporting children to or from school for which 
  6.22  parents or guardians receive direct compensation from a school 
  6.23  district, a motor coach operating under charter carrier 
  6.24  authority, or a transit bus providing services as defined in 
  6.25  section 174.22, subdivision 7, or a vehicle otherwise qualifying 
  6.26  as a type III vehicle under paragraph (5), when the vehicle is 
  6.27  properly registered and insured and being driven by an employee 
  6.28  or agent of a school district for nonscheduled emergency 
  6.29  transportation.  A school bus may be type A, type B, type C, or 
  6.30  type D, or type III as follows:  
  6.31     (1) A "type A school bus" is a conversion or body 
  6.32  constructed upon a van-type compact truck or a front-section 
  6.33  vehicle, with a gross vehicle weight rating of 10,000 pounds or 
  6.34  less, designed for carrying more than ten persons. 
  6.35     (2) A "type B school bus" is a conversion or body 
  6.36  constructed and installed upon a van or front-section vehicle 
  7.1   chassis, or stripped chassis, with a gross vehicle weight rating 
  7.2   of more than 10,000 pounds, designed for carrying more than ten 
  7.3   persons.  Part of the engine is beneath or behind the windshield 
  7.4   and beside the driver's seat.  The entrance door is behind the 
  7.5   front wheels. 
  7.6      (3) A "type C school bus" is a body installed upon a flat 
  7.7   back cowl chassis with a gross vehicle weight rating of more 
  7.8   than 10,000 pounds, designated for carrying more than ten 
  7.9   persons.  All of the engine is in front of the windshield and 
  7.10  the entrance door is behind the front wheels. 
  7.11     (4) A "type D school bus" is a body installed upon a 
  7.12  chassis, with the engine mounted in the front, midship or rear, 
  7.13  with a gross vehicle weight rating of more than 10,000 pounds, 
  7.14  designed for carrying more than ten persons.  The engine may be 
  7.15  behind the windshield and beside the driver's seat; it may be at 
  7.16  the rear of the bus, behind the rear wheels, or midship between 
  7.17  the front and rear axles.  The entrance door is ahead of the 
  7.18  front wheels. 
  7.19     (5) Type III school buses and type III Head Start buses are 
  7.20  restricted to passenger cars, station wagons, vans, and buses 
  7.21  having a maximum manufacturer's rated seating capacity of ten 
  7.22  people, including the driver, and a gross vehicle weight rating 
  7.23  of 10,000 pounds or less.  In this subdivision, "gross vehicle 
  7.24  weight rating" means the value specified by the manufacturer as 
  7.25  the loaded weight of a single vehicle.  A "type III school bus" 
  7.26  and "type III Head Start bus" must not be outwardly equipped and 
  7.27  identified as a type A, B, C, or D school bus or type A, B, C, 
  7.28  or D Head Start bus. 
  7.29     Sec. 8.  Minnesota Statutes 1994, section 169.21, 
  7.30  subdivision 2, is amended to read: 
  7.31     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where 
  7.32  traffic-control signals are not in place or in operation the 
  7.33  driver of a vehicle shall yield the right-of-way, slowing down 
  7.34  or stopping if need be to so yield, to a pedestrian crossing the 
  7.35  roadway within a crosswalk but no pedestrian shall suddenly 
  7.36  leave a curb or other place of safety and walk or run into the 
  8.1   path of a vehicle which is so close that it is impossible for 
  8.2   the driver to yield.  This provision shall not apply under the 
  8.3   conditions as otherwise provided in this subdivision. 
  8.4      (b) When any vehicle is stopped at a marked crosswalk or at 
  8.5   any unmarked crosswalk at an intersection to permit a pedestrian 
  8.6   to cross the roadway, the driver of any other vehicle 
  8.7   approaching from the rear shall not overtake and pass the 
  8.8   stopped vehicle. 
  8.9      (c) It is unlawful for any person to drive a motor vehicle 
  8.10  through a column of school children crossing a street or highway 
  8.11  or past a member of a school safety patrol or adult crossing 
  8.12  guard, while the member of the school safety patrol or adult 
  8.13  crossing guard is directing the movement of children across a 
  8.14  street or highway and while the school safety patrol member or 
  8.15  adult crossing guard is holding an official signal in the stop 
  8.16  position.  A person who violates this paragraph is guilty of a 
  8.17  misdemeanor.  A person who violates this paragraph a second or 
  8.18  subsequent time within one year of a previous conviction under 
  8.19  this paragraph is guilty of a gross misdemeanor. 
  8.20     Sec. 9.  Minnesota Statutes 1994, section 169.444, 
  8.21  subdivision 2, is amended to read: 
  8.22     Subd. 2.  [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 
  8.23  who fails to stop a vehicle or to keep it stopped, as required 
  8.24  in subdivision 1, is guilty of a misdemeanor punishable by a 
  8.25  fine of not less than $300. 
  8.26     (b) A person is guilty of a gross misdemeanor if the person 
  8.27  fails to stop a motor vehicle or to keep it stopped, as required 
  8.28  in subdivision 1, and commits either or both of the following 
  8.29  acts: 
  8.30     (1) passes or attempts to pass the school bus in a motor 
  8.31  vehicle on the right-hand, passenger-door side of the bus; or 
  8.32     (2) passes or attempts to pass the school bus in a motor 
  8.33  vehicle when a school child is outside of and on the street or 
  8.34  highway used by the school bus or on the adjacent sidewalk. 
  8.35     Sec. 10.  Minnesota Statutes 1994, section 169.4502, 
  8.36  subdivision 4, is amended to read: 
  9.1      Subd. 4.  [COLOR.] Fenders may be painted black.  The hood 
  9.2   may be painted nonreflective black or nonreflective yellow.  The 
  9.3   grill may be manufacturer's standard color or chrome. 
  9.4      Sec. 11.  Minnesota Statutes 1994, section 169.4503, is 
  9.5   amended by adding a subdivision to read: 
  9.6      Subd. 10a.  [EMERGENCY EQUIPMENT; FIRST AID KITS.] A first 
  9.7   aid kit, and a body fluids cleanup kit is required regardless of 
  9.8   the age of the vehicle.  They must be contained in removable, 
  9.9   moisture- and dust-proof containers mounted in an accessible 
  9.10  place within the driver's compartment of the school bus and must 
  9.11  be marked to indicate their identity and location. 
  9.12     Sec. 12.  Minnesota Statutes 1994, section 169.451, is 
  9.13  amended by adding a subdivision to read: 
  9.14     Subd. 5.  [RANDOM SPOT INSPECTIONS.] In addition to the 
  9.15  annual inspection, the Minnesota state patrol has authority to 
  9.16  conduct random, unannounced spot inspections of any school bus 
  9.17  or Head Start bus being operated within the state at the 
  9.18  location where the bus is kept when not in operation to 
  9.19  ascertain whether its construction, design, equipment, and color 
  9.20  comply with all provisions of law, including the Minnesota 
  9.21  school bus equipment standards in sections 169.4501 to 169.4504. 
  9.22     Sec. 13.  [169.4511] [SCHOOL BUS ACCIDENTS; REINSPECTION.] 
  9.23     Subdivision 1.  [POSTCRASH INSPECTION.] A peace officer 
  9.24  responding to an accident involving a school bus or Head Start 
  9.25  bus must immediately notify the state patrol if the accident 
  9.26  results in death or serious personal injury on the school bus, 
  9.27  or property damage to the school bus of an apparent extent of 
  9.28  more than $4,400.  No person shall drive or knowingly permit or 
  9.29  cause to be driven, for the purpose of transporting students, 
  9.30  any school bus or Head Start bus after such an accident unless 
  9.31  the vehicle: 
  9.32     (1) has been inspected by the Minnesota state patrol and 
  9.33  the state patrol has determined that the vehicle may safely be 
  9.34  operated; or 
  9.35     (2) a waiver has been granted under subdivision 2. 
  9.36     A violation of this section is a misdemeanor. 
 10.1      Subd. 2.  [WAIVER.] A state trooper or designee of the 
 10.2   Minnesota state patrol called to the scene of an accident by a 
 10.3   responding peace officer under subdivision 1 may waive the 
 10.4   inspection requirement of subdivision 1 if the trooper or state 
 10.5   patrol designee determines that a postcrash inspection is not 
 10.6   needed or cannot be accomplished without unreasonable delay.  
 10.7   The trooper or state patrol designee granting a waiver must 
 10.8   provide to the driver of the school bus for which the waiver is 
 10.9   granted a written statement that the inspection has been 
 10.10  waived.  The written statement must include the incident report 
 10.11  number assigned to the accident by the state patrol. 
 10.12     Sec. 14.  Minnesota Statutes 1994, section 169.452, is 
 10.13  amended to read: 
 10.14     169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 
 10.15     The department of public safety shall develop uniform 
 10.16  definitions of a school bus accident, an incident of serious 
 10.17  misconduct, and an incident that results in personal injury or 
 10.18  death.  The department shall determine what type of information 
 10.19  on school bus accidents and incidents, including criminal 
 10.20  conduct, and bus driver dismissals for cause should be collected 
 10.21  and develop a uniform accident and incident reporting form to 
 10.22  collect those data, including data relating to type III 
 10.23  vehicles, statewide.  In addition to the form, the department 
 10.24  shall have an alternative method of reporting that allows school 
 10.25  districts to use computer technology to provide the required 
 10.26  information.  School districts shall report the information 
 10.27  required by the department using either format.  Data collected 
 10.28  with this reporting form shall be analyzed to help develop 
 10.29  accident, crime, and misconduct prevention programs.  This 
 10.30  section is not subject to chapter 14. 
 10.31     Sec. 15.  Minnesota Statutes 1994, section 169.454, 
 10.32  subdivision 5, is amended to read: 
 10.33     Subd. 5.  [FIRST AID KIT.] A minimum of a ten-unit first 
 10.34  aid kit, and a body fluids cleanup kit is required.  The bus 
 10.35  They must have a be contained in removable, moisture- and 
 10.36  dust-proof first aid kit containers mounted in an accessible 
 11.1   place within the driver's compartment and must be marked to 
 11.2   indicate its their identity and location. 
 11.3      Sec. 16.  Minnesota Statutes 1994, section 169.454, is 
 11.4   amended by adding a subdivision to read: 
 11.5      Subd. 13.  [EXEMPTION.] When a vehicle otherwise qualifying 
 11.6   as a type III vehicle under section 169.01, subdivision 6, 
 11.7   paragraph (5), whether owned and operated by a school district 
 11.8   or privately owned and operated, is used to transport school 
 11.9   children in a nonscheduled emergency situation, it shall be 
 11.10  exempt from the vehicle requirements of this section and the 
 11.11  licensing requirements of section 171.321, if the vehicle is 
 11.12  properly registered and insured and operated by an employee or 
 11.13  agent of a school district with a valid driver's license. 
 11.14     Sec. 17.  Minnesota Statutes 1994, section 171.01, 
 11.15  subdivision 21, is amended to read: 
 11.16     Subd. 21.  [SCHOOL BUS.] "School bus" means a motor vehicle 
 11.17  used to transport pupils to or from a school defined in section 
 11.18  120.101, or to or from school-related activities, by the school 
 11.19  or a school district or by someone under an agreement with the 
 11.20  school or a school district.  A school bus does not include a 
 11.21  motor vehicle transporting children to or from school for which 
 11.22  parents or guardians receive direct compensation from a school 
 11.23  district, a motor coach operating under charter carrier 
 11.24  authority, or a transit bus providing services as defined in 
 11.25  section 174.22, subdivision 7, or a vehicle otherwise qualifying 
 11.26  as a type III vehicle under section 169.01, subdivision 6, 
 11.27  paragraph (5), when the vehicle is properly registered and 
 11.28  insured and being driven by an employee or agent of a school 
 11.29  district for nonscheduled emergency transportation. 
 11.30     Sec. 18.  Minnesota Statutes 1994, section 171.18, 
 11.31  subdivision 1, is amended to read: 
 11.32     Subdivision 1.  [OFFENSES.] The commissioner may suspend 
 11.33  the license of a driver without preliminary hearing upon a 
 11.34  showing by department records or other sufficient evidence that 
 11.35  the licensee: 
 11.36     (1) has committed an offense for which mandatory revocation 
 12.1   of license is required upon conviction; 
 12.2      (2) has been convicted by a court for violating a provision 
 12.3   of chapter 169 or an ordinance regulating traffic and department 
 12.4   records show that the violation contributed in causing an 
 12.5   accident resulting in the death or personal injury of another, 
 12.6   or serious property damage; 
 12.7      (3) is an habitually reckless or negligent driver of a 
 12.8   motor vehicle; 
 12.9      (4) is an habitual violator of the traffic laws; 
 12.10     (5) is incompetent to drive a motor vehicle as determined 
 12.11  in a judicial proceeding; 
 12.12     (6) has permitted an unlawful or fraudulent use of the 
 12.13  license; 
 12.14     (7) has committed an offense in another state that, if 
 12.15  committed in this state, would be grounds for suspension; 
 12.16     (8) has committed a violation of section 169.444, 
 12.17  subdivision 2, paragraph (a), within five years of a prior 
 12.18  conviction under that section; 
 12.19     (9) has committed a violation of section 171.22, except 
 12.20  that the commissioner may not suspend a person's driver's 
 12.21  license based solely on the fact that the person possessed a 
 12.22  fictitious or fraudulently altered Minnesota identification 
 12.23  card; 
 12.24     (10) has failed to appear in court as provided in section 
 12.25  169.92, subdivision 4; or 
 12.26     (11) has failed to report a medical condition that, if 
 12.27  reported, would have resulted in cancellation of driving 
 12.28  privileges. 
 12.29     However, an action taken by the commissioner under clause 
 12.30  (2) or (5) must conform to the recommendation of the court when 
 12.31  made in connection with the prosecution of the licensee. 
 12.32     Sec. 19.  Minnesota Statutes 1994, section 171.321, 
 12.33  subdivision 3, is amended to read: 
 12.34     Subd. 3.  [STUDY OF APPLICANT.] (a) Before issuing or 
 12.35  renewing a school bus endorsement, the commissioner shall 
 12.36  conduct a criminal and driver's license records check of the 
 13.1   applicant.  The commissioner may also conduct the check at any 
 13.2   time while a person is so licensed.  The check shall consist of 
 13.3   a criminal records check of the state criminal records 
 13.4   repository and a check of the driver's license records system.  
 13.5   If the applicant has resided in Minnesota for less than five 
 13.6   years, the check shall also include a criminal records check of 
 13.7   information from the state law enforcement agencies in the 
 13.8   states where the person resided during the five years before 
 13.9   moving to Minnesota, and of the national criminal records 
 13.10  repository including the criminal justice data communications 
 13.11  network.  The applicant's failure to cooperate with the 
 13.12  commissioner in conducting the records check is reasonable cause 
 13.13  to deny an application or cancel a school bus endorsement.  The 
 13.14  commissioner may not release the results of the records check to 
 13.15  any person except the applicant. 
 13.16     (b) The commissioner may issue to an otherwise qualified 
 13.17  applicant a temporary school bus endorsement, effective for no 
 13.18  more than 120 days, upon presentation of (1) an affidavit by the 
 13.19  applicant that the applicant has not been convicted of a 
 13.20  disqualifying offense and (2) a criminal history check from each 
 13.21  state of residence for the previous five years.  The criminal 
 13.22  history check may be conducted and prepared by any public or 
 13.23  private source acceptable to the commissioner. 
 13.24     Sec. 20.  Minnesota Statutes 1994, section 171.321, 
 13.25  subdivision 4, is amended to read: 
 13.26     Subd. 4.  [TRAINING.] No person shall drive a class A, B, 
 13.27  C, or D school bus when transporting school children to or from 
 13.28  school or upon a school-related trip or activity without having 
 13.29  demonstrated sufficient skills and knowledge to transport 
 13.30  students in a safe and legal manner.  A bus driver must have 
 13.31  training or experience that allows the driver to meet at least 
 13.32  the following competencies: 
 13.33     (1) safely operate the type of school bus the driver will 
 13.34  be driving; 
 13.35     (2) understand student behavior, including issues relating 
 13.36  to students with disabilities; 
 14.1      (3) ensure encourage orderly conduct of students on the bus 
 14.2   and handle incidents of misconduct appropriately; 
 14.3      (4) know and understand relevant laws, rules of the road, 
 14.4   and local school bus safety policies; 
 14.5      (5) handle emergency situations; and 
 14.6      (6) safely load and unload students; and 
 14.7      (7)  demonstrate proficiency in first aid and 
 14.8   cardiopulmonary resuscitation procedures. 
 14.9      The commissioner of public safety, in conjunction with the 
 14.10  commissioner of education, shall develop a comprehensive model 
 14.11  school bus driver training program and model assessments for 
 14.12  school bus driver training competencies, which are not subject 
 14.13  to chapter 14.  A school district may use alternative 
 14.14  assessments for bus driver training competencies with the 
 14.15  approval of the commissioner of public safety. 
 14.16     Sec. 21.  Minnesota Statutes 1994, section 171.321, 
 14.17  subdivision 5, is amended to read: 
 14.18     Subd. 5.  [ANNUAL EVALUATION.] A school district district's 
 14.19  pupil transportation safety director, the chief administrator of 
 14.20  a nonpublic school, or a private contractor shall evaluate each 
 14.21  bus driver certify annually to assure the commissioner of public 
 14.22  safety that, at minimum, each school bus driver continues to 
 14.23  meet meets the school bus driver training competencies under 
 14.24  subdivision 4 and shall report the number of hours of in-service 
 14.25  training completed by each driver.  A school district, nonpublic 
 14.26  school, or private contractor also shall provide at least eight 
 14.27  hours of in-service training annually to each school bus 
 14.28  driver.  As part of the annual evaluation, A district, nonpublic 
 14.29  school, or private contractor also shall check the license of 
 14.30  each person who transports students for the district with the 
 14.31  National Drivers Register or the department of public 
 14.32  safety annually.  A school district, nonpublic school, or 
 14.33  private contractor shall certify annually to the commissioner of 
 14.34  public safety that each driver has received eight hours of 
 14.35  in-service training and has met the training competencies The 
 14.36  school board must approve and forward the competency 
 15.1   certification and in-service report to the commissioner of 
 15.2   public safety. 
 15.3      Sec. 22.  Minnesota Statutes 1994, section 171.3215, 
 15.4   subdivision 1, is amended to read: 
 15.5      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 15.6   the following terms have the meanings given them. 
 15.7      (b) "School bus driver" means a person possessing a school 
 15.8   bus driver's endorsement on a valid Minnesota driver's license 
 15.9   or a person possessing a valid Minnesota driver's license who 
 15.10  drives a vehicle with a seating capacity of ten or less persons 
 15.11  used as a school bus. 
 15.12     (c) "Disqualifying offense" includes any felony offense, 
 15.13  any misdemeanor, gross misdemeanor, or felony violation of 
 15.14  chapter 152, or any violation under section 609.3451, 609.746, 
 15.15  subdivision 1, or 617.23, or a fourth moving violation within a 
 15.16  three-year period violation of section 169.121, 169.129, or a 
 15.17  similar statute or ordinance from another state while driving, 
 15.18  operating, or being in physical control of a school bus or a 
 15.19  Head Start bus. 
 15.20     (d) "Head Start bus driver" means a person possessing a 
 15.21  valid Minnesota driver's license: 
 15.22     (1) with a passenger endorsement, who drives a Head Start 
 15.23  bus; 
 15.24     (2) with a school bus driver's endorsement, who drives a 
 15.25  Head Start bus; or 
 15.26     (3) who drives a vehicle with a seating capacity of ten or 
 15.27  fewer persons used as a Head Start bus. 
 15.28     Sec. 23.  [604A.015] [SCHOOL BUS DRIVER IMMUNITY FROM 
 15.29  LIABILITY.] 
 15.30     A school bus driver who, while on duty, provides emergency 
 15.31  care, advice, or assistance at the scene of an emergency or 
 15.32  during transit to a location where professional medical care can 
 15.33  be rendered, is not liable in ordinary negligence for any civil 
 15.34  damages as a result of acts or omissions to the person to whom 
 15.35  assistance is rendered by the school bus driver in rendering the 
 15.36  emergency care, advice, or assistance.  For the purposes of this 
 16.1   section, the scene of an emergency is an area outside the 
 16.2   confines of a hospital or other institution that has hospital 
 16.3   facilities, or an office of a person licensed to practice one or 
 16.4   more of the healing arts under chapter 147, 148, 150A, or 153. 
 16.5      Sec. 24.  Minnesota Statutes 1994, section 631.40, 
 16.6   subdivision 1a, is amended to read: 
 16.7      Subd. 1a.  [CERTIFIED COPY OF DISQUALIFYING OFFENSE 
 16.8   CONVICTIONS SENT TO PUBLIC SAFETY AND SCHOOL DISTRICTS.] When a 
 16.9   person is convicted of committing a disqualifying offense, as 
 16.10  defined in section 171.3215, subdivision 1, a gross misdemeanor, 
 16.11  a fourth moving violation within a three-year period, or a 
 16.12  violation of section 169.121 or 169.129, the court shall 
 16.13  determine whether the offender is a school bus driver as defined 
 16.14  in section 171.3215, subdivision 1, whether the offender 
 16.15  possesses a school bus driver's endorsement on the offender's 
 16.16  driver's license and in what school districts the offender 
 16.17  drives a school bus.  If the offender is a school bus driver or 
 16.18  possesses a school bus driver's endorsement, the court 
 16.19  administrator shall send a certified copy of the conviction to 
 16.20  the department of public safety and to the school districts in 
 16.21  which the offender drives a school bus within ten days after the 
 16.22  conviction.