SF 2889

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to education; creating the statewide school 
  1.3             bus council; providing for the purchase of a fleet of 
  1.4             school buses; modifying training requirements for 
  1.5             school bus drivers; creating the school bus unit under 
  1.6             the Public Employment Labor Relations Act; authorizing 
  1.7             a bond sale; appropriating money; amending Minnesota 
  1.8             Statutes 2000, section 171.321, subdivision 4; 
  1.9             Minnesota Statutes 2001 Supplement, section 353.01, 
  1.10            subdivision 2a; proposing coding for new law in 
  1.11            Minnesota Statutes, chapters 169; 179A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [169.434] [STATEWIDE SCHOOL BUS COUNCIL.] 
  1.14     Subdivision 1.  [COUNCIL ESTABLISHED.] The statewide school 
  1.15  bus council is established.  The council consists of a 
  1.16  representative of the commissioner of children, families, and 
  1.17  learning, a representative of the commissioner of public safety, 
  1.18  a representative of the Minnesota school board association, and 
  1.19  three school bus drivers appointed by the governor.  At least 
  1.20  one of the school bus drivers must be from outside of the 
  1.21  metropolitan area as defined in section 473.121, subdivision 2.  
  1.22  The commissioner of public safety may provide staff to the 
  1.23  council to assist it in carrying out its duties.  The terms, 
  1.24  compensation and removal of members, and the expiration date of 
  1.25  the council are governed by section 15.059. 
  1.26     Subd. 2.  [DUTIES OF COUNCIL.] The statewide school bus 
  1.27  council shall: 
  1.28     (1) provide uniform bus transportation services for K-12 
  2.1   public schools in the state; 
  2.2      (2) purchase and maintain a fleet of school buses and 
  2.3   school bus equipment, if the council determines that a state 
  2.4   owned fleet of school buses is the safest and most efficient 
  2.5   means of providing K-12 public school transportation; 
  2.6      (3) purchase and implement a geographic positioning system 
  2.7   that will provide comprehensive tracking, communication, and 
  2.8   route management systems for the fleet of school buses; 
  2.9      (4) consult with the school bus safety advisory committee 
  2.10  on school bus safety issues; and 
  2.11     (5) report annually to the governor and the education 
  2.12  committees of the legislature on K-12 public school 
  2.13  transportation issues, including costs and efficiencies relating 
  2.14  to a state owned fleet of school buses. 
  2.15     Sec. 2.  Minnesota Statutes 2000, section 171.321, 
  2.16  subdivision 4, is amended to read: 
  2.17     Subd. 4.  [TRAINING.] (a) No person shall drive a class A, 
  2.18  B, C, or D school bus when transporting school children to or 
  2.19  from school or upon a school-related trip or activity without 
  2.20  having demonstrated sufficient skills and knowledge to transport 
  2.21  students in a safe and legal manner. 
  2.22     (b) A bus driver must have training or experience that 
  2.23  allows the driver to meet at least the following competencies: 
  2.24     (1) safely operate the type of school bus the driver will 
  2.25  be driving; 
  2.26     (2) understand student behavior, including issues relating 
  2.27  to students with disabilities; 
  2.28     (3) encourage orderly conduct of students on the bus and 
  2.29  handle incidents of misconduct appropriately; 
  2.30     (4) know and understand relevant laws, rules of the road, 
  2.31  and local school bus safety policies; 
  2.32     (5) handle emergency situations; and 
  2.33     (6) safely load and unload students; and 
  2.34     (7) safely operate communication systems and other required 
  2.35  technology systems used in the type of school bus the driver 
  2.36  will be driving. 
  3.1      (c) The commissioner of public safety, in conjunction with 
  3.2   the commissioner of children, families, and learning, shall 
  3.3   develop a comprehensive model school bus driver training program 
  3.4   and model assessments for school bus driver training 
  3.5   competencies, which are not subject to chapter 14.  A school 
  3.6   district may use alternative assessments for bus driver training 
  3.7   competencies with the approval of the commissioner of public 
  3.8   safety.  The employer shall keep the assessment for the current 
  3.9   period available for inspection by representatives of the 
  3.10  commissioner. 
  3.11     Sec. 3.  [179A.105] [SCHOOL BUS UNIT.] 
  3.12     Subdivision 1.  [UNIT.] The commissioner of public safety 
  3.13  shall meet and negotiate with the exclusive representative of 
  3.14  the state school bus unit.  The state school bus unit consists 
  3.15  of school bus drivers, school bus maintenance workers, clerical 
  3.16  workers, administrative workers, and technical workers employed 
  3.17  by the state and assigned to school bus duties. 
  3.18     Subd. 2.  [EXISTING MAJORITY.] The commissioner of the 
  3.19  bureau of mediation services shall certify an employee 
  3.20  organization as exclusive representative for the school bus unit 
  3.21  established under this section upon a petition filed with the 
  3.22  commissioner by the organization within 30 days of the effective 
  3.23  date of this section, demonstrating that the petitioner is 
  3.24  certified pursuant to section 179A.12 as the exclusive 
  3.25  representative of a majority of the employees included within 
  3.26  the unit established by this section.  Two or more employee 
  3.27  organizations that represent the employees in a unit established 
  3.28  by this section may petition jointly under this subdivision, 
  3.29  provided that any organization may withdraw from a joint 
  3.30  certification in favor of the remaining organizations on 30 
  3.31  days' notice to the remaining organizations, the employer, and 
  3.32  the commissioner, without affecting the rights and obligations 
  3.33  of the remaining organizations or the employer.  The 
  3.34  commissioner shall make a determination on a timely petition 
  3.35  within 45 days of its receipt. 
  3.36     Subd. 3.  [NO EXISTING MAJORITY.] (a) If no exclusive 
  4.1   representative is certified under subdivision 2, the 
  4.2   commissioner shall certify an employee organization as exclusive 
  4.3   representative for the school bus unit upon a petition filed by 
  4.4   the organization within the time period provided in subdivision 
  4.5   2 demonstrating that the petitioner is certified under section 
  4.6   179A.12 as the exclusive representative of fewer than a majority 
  4.7   of the employees included within the unit, if no other employee 
  4.8   organization so certified has filed a petition within the time 
  4.9   period provided in subdivision 2 and a majority of the employees 
  4.10  in the unit are represented by employee organizations under 
  4.11  section 179A.12 on the effective date of this section.  Two or 
  4.12  more employee organizations that represent the employees in a 
  4.13  unit established by this section may petition jointly under this 
  4.14  subdivision, provided that any organization may withdraw from a 
  4.15  joint certification in favor of the remaining organizations on 
  4.16  30 days' notice to the remaining organizations, the employer, 
  4.17  and the commissioner, without affecting the rights and 
  4.18  obligations of the remaining organizations or the employer.  The 
  4.19  commissioner shall make a determination on a timely petition 
  4.20  within 45 days of its receipt. 
  4.21     (b) If no exclusive representative is certified under 
  4.22  subdivision 2 or paragraph (a), and an employee organization 
  4.23  petitions the commissioner within 90 days of the effective date 
  4.24  of this section, demonstrating that a majority of the employees 
  4.25  included within the school bus unit wish to be represented by 
  4.26  the petitioner, where this majority is evidenced by current dues 
  4.27  deduction rights, signed statements from school bus employees 
  4.28  that are not currently represented by any employee organization 
  4.29  plainly indicating that the signatories wish to be represented 
  4.30  for collective bargaining purposes by the petitioner rather than 
  4.31  by any other organization, or a combination of those, the 
  4.32  commissioner shall certify the petitioner as exclusive 
  4.33  representative of the employees in the school bus unit.  The 
  4.34  commissioner shall make a determination on a timely petition 
  4.35  within 45 days of its receipt. 
  4.36     (c) If no exclusive representative is certified under 
  5.1   subdivision 2 or paragraph (a) or (b), and an employee 
  5.2   organization petitions the commissioner subsequent to the 
  5.3   effective date of this section, demonstrating that at least 30 
  5.4   percent of the employees included within the school bus unit 
  5.5   wish to be represented by the petitioner, where this 30 percent 
  5.6   is evidenced by current dues deduction rights, signed statements 
  5.7   from school bus employees that are not currently represented by 
  5.8   any employee organization plainly indicating that the 
  5.9   signatories wish to be represented for collective bargaining 
  5.10  purposes by the petitioner rather than by any other 
  5.11  organization, or a combination of those, the commissioner shall 
  5.12  conduct a secret ballot election to determine the wishes of the 
  5.13  majority.  The election must be conducted within 45 days of 
  5.14  receipt or final decision on any petitions filed pursuant to 
  5.15  subdivision 2, whichever is later.  The election is governed by 
  5.16  section 179A.12, where not inconsistent with other provisions of 
  5.17  this section. 
  5.18     Subd. 4.  [DECERTIFICATION.] The commissioner may not 
  5.19  consider a petition for decertification of an exclusive 
  5.20  representative certified under this section for one year after 
  5.21  certification.  After that time a petition must be considered 
  5.22  under the provisions of section 179A.12. 
  5.23     Subd. 5.  [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 
  5.24  terms and conditions of collective bargaining agreements 
  5.25  covering school bus employees remain in effect until a successor 
  5.26  agreement becomes effective. 
  5.27     Subd. 6.  [CONTRACT AND REPRESENTATION 
  5.28  RESPONSIBILITIES.] (a) Notwithstanding the provisions under this 
  5.29  section, the exclusive representatives of units of school bus 
  5.30  employees certified prior to the effective date of this section, 
  5.31  remain responsible for administration of their contracts and for 
  5.32  other contractual duties and have the right to dues and fair 
  5.33  share fee deduction and other contractual privileges and rights 
  5.34  until a contract is agreed upon with the commissioner of public 
  5.35  safety for a new unit established under this section.  Exclusive 
  5.36  representatives of school bus employees certified after the 
  6.1   effective date of this section are immediately upon 
  6.2   certification responsible for bargaining on behalf of employees 
  6.3   within the unit.  They are also responsible for administering 
  6.4   grievances arising under previous contracts covering employees 
  6.5   included within the unit which remain unresolved upon agreement 
  6.6   with the commissioner of public safety on a contract for a new 
  6.7   unit established under this section.  Where the employer does 
  6.8   not object, these responsibilities may be varied by agreement 
  6.9   between the outgoing and incoming exclusive representatives.  
  6.10  All other rights and duties of representation begin on July 1 of 
  6.11  the year in which the state assumes the funding of a statewide 
  6.12  school bus system, except that exclusive representatives 
  6.13  certified after the effective date of this section, shall 
  6.14  immediately, upon certification, have the right to all employer 
  6.15  information and all forms of access to employees within the 
  6.16  bargaining unit which would be permitted to the current contract 
  6.17  holder, including the rights in section 179A.07, subdivision 6.  
  6.18  This section does not affect an existing collective bargaining 
  6.19  contract.  Incoming exclusive representatives of school bus 
  6.20  employees are immediately, upon certification, responsible for 
  6.21  bargaining on behalf of all previously unrepresented employees 
  6.22  assigned to their units.  All other rights and duties of 
  6.23  exclusive representatives begin on July 1 of the year in which 
  6.24  the state assumes the funding of a statewide school bus system. 
  6.25     (b) Nothing in this section or other law, prevents an 
  6.26  exclusive representative certified after the effective date of 
  6.27  this section from assessing fair share or dues deductions 
  6.28  immediately upon certification for employees in the school bus 
  6.29  unit if the employees were unrepresented for collective 
  6.30  bargaining purposes before the certification. 
  6.31     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  6.32  353.01, subdivision 2a, is amended to read: 
  6.33     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) Public employees shall 
  6.34  participate as members of the association with retirement 
  6.35  coverage by the public employees retirement plan or the public 
  6.36  employees police and fire retirement plan under this chapter, or 
  7.1   the local government correctional employees retirement plan 
  7.2   under chapter 353E, whichever applies, as a condition of their 
  7.3   employment on the first day of employment unless they: 
  7.4      (1) are specifically excluded under subdivision 2b; 
  7.5      (2) do not exercise their option to elect retirement 
  7.6   coverage in the association as provided in subdivision 2d, 
  7.7   paragraph (a); or 
  7.8      (3) are employees of the governmental subdivisions listed 
  7.9   in subdivision 2d, paragraph (b), where the governmental 
  7.10  subdivision has not elected to participate as a governmental 
  7.11  subdivision covered by the association. 
  7.12     (b) A public employee who was a member of the association 
  7.13  on June 30, 2002, based on employment that qualified for 
  7.14  membership coverage by the public employees retirement plan or 
  7.15  the public employees police and fire plan under this chapter, or 
  7.16  the local government correctional employees retirement plan 
  7.17  under chapter 353E as of June 30, 2002, retains that membership 
  7.18  until the employee terminates public employment under 
  7.19  subdivision 11a or terminates membership under subdivision 11b. 
  7.20     (c) School bus drivers, school bus maintenance workers, 
  7.21  clerical workers, administrative workers, and technical workers 
  7.22  employed by the state and assigned to school bus duties, shall 
  7.23  participate as members of the association with retirement 
  7.24  coverage by the public employees retirement association. 
  7.25     Sec. 5.  [APPROPRIATION.] 
  7.26     $....... is appropriated from the general fund to the 
  7.27  commissioner of public safety for purposes of section 1, to be 
  7.28  available until June 30, 2005. 
  7.29     Sec. 6.  [APPROPRIATION.] 
  7.30     $....... is appropriated from the bond proceeds fund to the 
  7.31  commissioner of public safety to purchase a fleet of school 
  7.32  buses for use by the statewide school bus council as described 
  7.33  in section 1. 
  7.34     Sec. 7.  [BOND SALE.] 
  7.35     To provide the money appropriated by section 6 from the 
  7.36  state bond proceeds fund, the commissioner of finance on request 
  8.1   of the governor, shall sell and issue bonds of the state in an 
  8.2   amount up to $....... in the manner, upon the terms, and with 
  8.3   the effect prescribed by Minnesota Statutes, sections 16A.631 to 
  8.4   16A.675, and by the Minnesota Constitution, article XI, sections 
  8.5   4 to 7.