HF 259

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; removing sunset 
  1.3             provisions to allow certain school buses to continue 
  1.4             to be operated by licensed child care providers and by 
  1.5             holders of Class D drivers' licenses under limited 
  1.6             conditions; amending Minnesota Statutes 2002, sections 
  1.7             169.448, subdivision 1; 171.02, subdivision 2a; Laws 
  1.8             2001, chapter 97, section 5. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 169.448, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [RESTRICTIONS ON APPEARANCE; MISDEMEANOR.] 
  1.13  (a) A bus that is not used as a school bus may not be operated 
  1.14  on a street or highway unless it is painted a color 
  1.15  significantly different than national school bus glossy yellow.  
  1.16     (b) A bus that is not used as a school bus or Head Start 
  1.17  bus may not be operated if it is equipped with school bus or 
  1.18  Head Start bus-related equipment and printing. 
  1.19     (c) A violation of this subdivision is a misdemeanor.  
  1.20     (d) This subdivision does not apply to a school bus owned 
  1.21  by or under contract to a school district operated as a charter 
  1.22  or leased bus.  
  1.23     (e) This subdivision does not apply to a school bus 
  1.24  operated by a licensed child care provider if: 
  1.25     (1) the stop arm is removed; 
  1.26     (2) the eight-light system is deactivated; 
  1.27     (3) the school bus is identified as a "child care bus" in 
  2.1   letters at least eight inches high on the front and rear top of 
  2.2   the bus; and 
  2.3      (4) the name, address, and telephone number of the owner or 
  2.4   operator of the bus is identified on each front door of the bus 
  2.5   in letters not less than three inches high; and 
  2.6      (5) the conditions under section 171.02, subdivision 2a, 
  2.7   paragraph (b), clauses (1) through (10), (12), and (14) have 
  2.8   been met. 
  2.9      [EFFECTIVE DATE.] This section is effective July 1, 2003.  
  2.10     Sec. 2.  Minnesota Statutes 2002, section 171.02, 
  2.11  subdivision 2a, is amended to read: 
  2.12     Subd. 2a.  [EXCEPTIONS.] (a) Notwithstanding subdivision 2, 
  2.13  (1) a hazardous materials endorsement is not required to operate 
  2.14  a vehicle having a gross vehicle weight of 26,000 pounds or less 
  2.15  while carrying in bulk tanks a total of not more than 200 
  2.16  gallons of petroleum products and (2) a class C license or 
  2.17  hazardous materials endorsement is not required to operate a 
  2.18  farm vehicle as defined in Code of Federal Regulations, title 
  2.19  49, section 390.5, having a gross vehicle weight of 26,000 
  2.20  pounds or less while carrying in bulk tanks a total of not more 
  2.21  than 1,500 gallons of liquid fertilizer. 
  2.22     (b) Notwithstanding subdivision 2, paragraph (c), the 
  2.23  holder of a class D driver's license, without a school bus 
  2.24  endorsement, may operate a type A school bus described in 
  2.25  subdivision 2, paragraph (b), under the following conditions: 
  2.26     (1) The operator is an employee of the entity that owns, 
  2.27  leases, or contracts for the school bus and is not solely hired 
  2.28  to provide transportation services under this paragraph. 
  2.29     (2) The operator drives the school bus only from points of 
  2.30  origin to points of destination, not including home-to-school 
  2.31  trips to pick up or drop off students.  
  2.32     (3) The operator is prohibited from using the eight-light 
  2.33  system.  Violation of this clause is a misdemeanor. 
  2.34     (4) The operator's employer has adopted and implemented a 
  2.35  policy that provides for annual training and certification of 
  2.36  the operator in: 
  3.1      (i) safe operation of the type of school bus the operator 
  3.2   will be driving; 
  3.3      (ii) understanding student behavior, including issues 
  3.4   relating to students with disabilities; 
  3.5      (iii) encouraging orderly conduct of students on the bus 
  3.6   and handling incidents of misconduct appropriately; 
  3.7      (iv) knowing and understanding relevant laws, rules of the 
  3.8   road, and local school bus safety policies; 
  3.9      (v) handling emergency situations; and 
  3.10     (vi) safe loading and unloading of students. 
  3.11     (5) A background check or background investigation of the 
  3.12  operator has been conducted that meets the requirements under 
  3.13  section 122A.18, subdivision 8, or 123B.03 for teachers; section 
  3.14  144.057 or 245A.04 for day care employees; or section 171.321, 
  3.15  subdivision 3, for all other persons operating a type A school 
  3.16  bus under this paragraph. 
  3.17     (6) Operators shall submit to a physical examination as 
  3.18  required by section 171.321, subdivision 2. 
  3.19     (7) The operator's driver's license is verified annually by 
  3.20  the entity that owns, leases, or contracts for the school bus. 
  3.21     (8) A person who sustains a conviction, as defined under 
  3.22  section 609.02, of violating section 169A.25, 169A.26, 169A.27, 
  3.23  169A.31, 169A.51, or 169A.52, or a similar statute or ordinance 
  3.24  of another state is precluded from operating a school bus for 
  3.25  five years from the date of conviction. 
  3.26     (9) A person who has ever been convicted of a disqualifying 
  3.27  offense as defined in section 171.3215, subdivision 1, paragraph 
  3.28  (c), may not operate a school bus under this paragraph. 
  3.29     (10) A person who sustains a conviction, as defined under 
  3.30  section 609.02, of a fourth moving offense in violation of 
  3.31  chapter 169 is precluded from operating a school bus for one 
  3.32  year from the date of the last conviction. 
  3.33     (10) (11) Students riding the school bus must have training 
  3.34  required under section 123B.90, subdivision 2. 
  3.35     (11) (12) An operator must be trained in the proper use of 
  3.36  child safety restraints as set forth in the National Highway 
  4.1   Traffic Safety Administration's "Guideline for the Safe 
  4.2   Transportation of Pre-school Age Children in School Buses." 
  4.3      (12) (13) Annual certification of the requirements listed 
  4.4   in this paragraph must be maintained under separate file at the 
  4.5   business location for each operator licensed under this 
  4.6   paragraph and subdivision 2, paragraph (b), clause (5).  The 
  4.7   business manager, school board, governing body of a nonpublic 
  4.8   school, or any other entity that owns, leases, or contracts for 
  4.9   the school bus operating under this paragraph is responsible for 
  4.10  maintaining these files for inspection. 
  4.11     (13) (14) The school bus must bear a current certificate of 
  4.12  inspection issued under section 169.451. 
  4.13     (14) (15) The word "School" on the front and rear of the 
  4.14  bus must be covered by a sign that reads "Activities" when the 
  4.15  bus is being operated under authority of this paragraph. 
  4.16     Sec. 3.  Laws 2001, chapter 97, section 5, is amended to 
  4.17  read: 
  4.18     Sec. 5.  [EFFECTIVE DATE; EXPIRATION.] 
  4.19     (a) Sections 1 to 4 are effective July 1, 2001. 
  4.20     (b) The amendments in sections 3 and 4 to Minnesota 
  4.21  Statutes, section 171.02, expire July 1, 2003. 
  4.22     (c) The amendment in section 1 to Minnesota Statutes, 
  4.23  section 169.01, subdivision 75, expires July 1, 2003.