HF 506

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; regulating school bus 
  1.3             safety, equipment, and drivers; regulating disbursal 
  1.4             of student transportation safety reserved revenue; 
  1.5             changing school bus safety week requirements; 
  1.6             providing for selective reporting by school districts 
  1.7             of school bus accidents and incidents; making 
  1.8             technical changes; imposing penalties; amending 
  1.9             Minnesota Statutes 1996, sections 123.799, subdivision 
  1.10            1; 123.7991, subdivisions 1 and 2; 169.01, subdivision 
  1.11            6; 169.21, subdivision 2; 169.435, subdivision 2; 
  1.12            169.443, subdivision 3; 169.444, subdivisions 2, 5, 6, 
  1.13            7, and by adding a subdivision; 169.447, subdivision 
  1.14            6; 169.4501, subdivisions 1 and 2; 169.4502, 
  1.15            subdivisions 2, 7, 11, and by adding subdivisions; 
  1.16            169.4503, subdivisions 1, 2, 10, 13, 14, 17, 19, 23, 
  1.17            24, and by adding a subdivision; 169.4504, subdivision 
  1.18            1, and by adding a subdivision; 169.451, subdivision 
  1.19            4; 169.452; 171.321, by adding a subdivision; and 
  1.20            171.3215, subdivision 4; repealing Minnesota Statutes 
  1.21            1996, sections 169.4502, subdivisions 6 and 9; 
  1.22            169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and 
  1.23            169.454, subdivision 11. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25     Section 1.  Minnesota Statutes 1996, section 123.799, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [RESERVED REVENUE USE.] A district shall 
  1.28  use the student transportation safety reserved revenue under 
  1.29  section 124.225, subdivision 7f, for providing student 
  1.30  transportation safety programs to enhance student conduct and 
  1.31  safety on the bus or when boarding and exiting the bus.  A 
  1.32  district's student transportation policy must specify the 
  1.33  student transportation safety activities to be carried out under 
  1.34  this section.  A district's student transportation safety 
  2.1   reserved revenue may only be used for the following purposes: 
  2.2      (1) to provide paid adult bus monitors, including training 
  2.3   and salary costs; 
  2.4      (2) to provide a volunteer bus monitor program, including 
  2.5   training costs and the cost of a program coordinator; 
  2.6      (3) to purchase or lease optional external public address 
  2.7   systems or video recording cameras for use on buses; and 
  2.8      (4) other activities or equipment that have been reviewed 
  2.9   by the state school bus safety advisory committee and approved 
  2.10  by the commissioner of public safety. 
  2.11     Sec. 2.  Minnesota Statutes 1996, section 123.7991, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [SCHOOL BUS SAFETY WEEK.] The first third 
  2.14  week of school is designated as school bus safety week. 
  2.15     A school board may designate one day of school bus safety 
  2.16  week as school bus driver day. 
  2.17     Sec. 3.  Minnesota Statutes 1996, section 123.7991, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [STUDENT TRAINING.] (a) Each school district 
  2.20  shall provide public school pupils enrolled in grades 
  2.21  kindergarten through 10 with age-appropriate school bus safety 
  2.22  training.  The training shall be results-oriented and shall 
  2.23  consist of both classroom instruction and practical training 
  2.24  using a school bus.  Upon completing the training, a student 
  2.25  shall be able to demonstrate knowledge and understanding of at 
  2.26  least the following competencies and concepts: 
  2.27     (1) transportation by school bus is a privilege and not a 
  2.28  right; 
  2.29     (2) district policies for student conduct and school bus 
  2.30  safety; 
  2.31     (3) appropriate conduct while on the school bus; 
  2.32     (4) the danger zones surrounding a school bus; 
  2.33     (5) procedures for safely boarding and leaving a school 
  2.34  bus; 
  2.35     (6) procedures for safe street or road crossing; and 
  2.36     (7) school bus evacuation and other emergency procedures. 
  3.1      (b) Each nonpublic school located within the district shall 
  3.2   provide all nonpublic school pupils enrolled in grades 
  3.3   kindergarten through 10 who are transported by school bus at 
  3.4   public expense and attend school within the district's 
  3.5   boundaries with training as required in paragraph (a).  The 
  3.6   school district shall make a bus available for the practical 
  3.7   training if the district transports the nonpublic students.  
  3.8   Each nonpublic school shall provide the instruction. 
  3.9      (c) Student school bus safety training shall commence 
  3.10  during school bus safety week.  All students enrolled in grades 
  3.11  kindergarten through 3 who are transported by school bus and are 
  3.12  enrolled during the first or second week of school must 
  3.13  demonstrate achievement of the school bus safety training 
  3.14  competencies by the end of the third week of school.  All 
  3.15  students enrolled in grades 4 through 10 who are transported by 
  3.16  school bus and are enrolled during the first or second week of 
  3.17  school must demonstrate achievement of the competencies by the 
  3.18  end of the sixth week of school.  Students enrolled in grades 
  3.19  kindergarten through 10 who enroll in a school after the second 
  3.20  week of school and are transported by school bus shall undergo 
  3.21  school bus safety training and demonstrate achievement of the 
  3.22  school bus safety competencies within four weeks of the first 
  3.23  day of attendance.  The pupil transportation safety director in 
  3.24  each district must certify to the commissioner of children, 
  3.25  families, and learning annually that all students transported by 
  3.26  school bus within the district have satisfactorily demonstrated 
  3.27  knowledge and understanding of the school bus safety 
  3.28  competencies according to this section or provide an explanation 
  3.29  for a student's failure to demonstrate the competencies.  The 
  3.30  principal or other chief administrator of each nonpublic school 
  3.31  must certify annually to the public transportation safety 
  3.32  director of the district in which the school is located that all 
  3.33  of the school's students transported by school bus at public 
  3.34  expense have received training.  A school district may deny 
  3.35  transportation to a student who fails to demonstrate the 
  3.36  competencies, unless the student is unable to achieve the 
  4.1   competencies due to a disability, or to a student who attends a 
  4.2   nonpublic school that fails to provide training as required by 
  4.3   this subdivision. 
  4.4      (d) A school district and a nonpublic school with students 
  4.5   transported by school bus at public expense must, to the extent 
  4.6   possible, provide kindergarten pupils with bus safety training 
  4.7   before the first day of school. 
  4.8      (e) A school district and a nonpublic school with students 
  4.9   transported by school bus at public expense must also provide 
  4.10  student safety education for bicycling and pedestrian safety, 
  4.11  for students enrolled in grades kindergarten through 5. 
  4.12     (f) A school district and a nonpublic school with students 
  4.13  transported by school bus at public expense must make reasonable 
  4.14  accommodations for the school bus, bicycle, and pedestrian 
  4.15  safety training of pupils known to speak English as a second 
  4.16  language and pupils with disabilities. 
  4.17     Sec. 4.  Minnesota Statutes 1996, section 169.01, 
  4.18  subdivision 6, is amended to read: 
  4.19     Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
  4.20  used to transport pupils to or from a school defined in section 
  4.21  120.101, or to or from school-related activities, by the school 
  4.22  or a school district, or by someone under an agreement with the 
  4.23  school or a school district.  A school bus does not include a 
  4.24  motor vehicle transporting children to or from school for which 
  4.25  parents or guardians receive direct compensation from a school 
  4.26  district, a motor coach operating under charter carrier 
  4.27  authority, a transit bus providing services as defined in 
  4.28  section 174.22, subdivision 7, or a vehicle otherwise qualifying 
  4.29  as a type III vehicle under paragraph (5), when the vehicle is 
  4.30  properly registered and insured and being driven by an employee 
  4.31  or agent of a school district for nonscheduled transportation.  
  4.32  A school bus may be type A, type B, type C, or type D, or type 
  4.33  III as follows:  
  4.34     (1) A "type A school bus" is a conversion or body 
  4.35  constructed upon a van-type compact truck or a front-section 
  4.36  vehicle, with a gross vehicle weight rating of 10,000 pounds or 
  5.1   less or cutaway front section vehicle with a left-side driver's 
  5.2   door, designed for carrying more than ten persons.  This 
  5.3   definition includes two classifications:  type A-I, with a gross 
  5.4   vehicle weight rating (GVWR) over 10,000 pounds; and type A-II, 
  5.5   with a GVWR of 10,000 pounds or less. 
  5.6      (2) A "type B school bus" is a conversion or body 
  5.7   constructed and installed upon a van or front-section vehicle 
  5.8   chassis, or stripped chassis, with a gross vehicle weight rating 
  5.9   of more than 10,000 pounds, designed for carrying more than ten 
  5.10  persons.  Part of the engine is beneath or behind the windshield 
  5.11  and beside the driver's seat.  The entrance door is behind the 
  5.12  front wheels. 
  5.13     (3) A "type C school bus" is a body installed upon a flat 
  5.14  back cowl chassis with a gross vehicle weight rating of more 
  5.15  than 10,000 pounds, designed for carrying more than ten 
  5.16  persons.  All of the engine is in front of the windshield and 
  5.17  the entrance door is behind the front wheels. 
  5.18     (4) A "type D school bus" is a body installed upon a 
  5.19  chassis, with the engine mounted in the front, midship or rear, 
  5.20  with a gross vehicle weight rating of more than 10,000 pounds, 
  5.21  designed for carrying more than ten persons.  The engine may be 
  5.22  behind the windshield and beside the driver's seat; it may be at 
  5.23  the rear of the bus, behind the rear wheels, or midship between 
  5.24  the front and rear axles.  The entrance door is ahead of the 
  5.25  front wheels. 
  5.26     (5) Type III school buses and type III Head Start buses are 
  5.27  restricted to passenger cars, station wagons, vans, and buses 
  5.28  having a maximum manufacturer's rated seating capacity of ten 
  5.29  people, including the driver, and a gross vehicle weight rating 
  5.30  of 10,000 pounds or less.  In this subdivision, "gross vehicle 
  5.31  weight rating" means the value specified by the manufacturer as 
  5.32  the loaded weight of a single vehicle.  A "type III school bus" 
  5.33  and "type III Head Start bus" must not be outwardly equipped and 
  5.34  identified as a type A, B, C, or D school bus or type A, B, C, 
  5.35  or D Head Start bus. 
  5.36     Sec. 5.  Minnesota Statutes 1996, section 169.21, 
  6.1   subdivision 2, is amended to read: 
  6.2      Subd. 2.  [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where 
  6.3   traffic-control signals are not in place or in operation, the 
  6.4   driver of a vehicle shall stop to yield the right-of-way to a 
  6.5   pedestrian crossing the roadway within a marked crosswalk or 
  6.6   within any crosswalk at an intersection but no pedestrian shall 
  6.7   suddenly leave a curb or other place of safety and walk or run 
  6.8   into the path of a vehicle which is so close that it is 
  6.9   impossible for the driver to yield.  This provision shall not 
  6.10  apply under the conditions as otherwise provided in this 
  6.11  subdivision. 
  6.12     (b) When any vehicle is stopped at a marked crosswalk or at 
  6.13  any unmarked crosswalk at an intersection to permit a pedestrian 
  6.14  to cross the roadway, the driver of any other vehicle 
  6.15  approaching from the rear shall not overtake and pass the 
  6.16  stopped vehicle. 
  6.17     (c) It is unlawful for any person to drive a motor vehicle 
  6.18  through a column of school children crossing a street or highway 
  6.19  or past a member of a school safety patrol or adult crossing 
  6.20  guard, while the member of the school safety patrol or adult 
  6.21  crossing guard is directing the movement of children across a 
  6.22  street or highway and while the school safety patrol member or 
  6.23  adult crossing guard is holding an official signal in the stop 
  6.24  position.  A peace officer may arrest the driver of a motor 
  6.25  vehicle if the peace officer has probable cause to believe that 
  6.26  the driver has operated the vehicle in violation of this 
  6.27  paragraph within the past four hours.  
  6.28     (d) A person who violates this subdivision is guilty of a 
  6.29  misdemeanor and may be sentenced to imprisonment for not more 
  6.30  than 90 days or to payment of a fine of not more than $700, or 
  6.31  both.  A person who violates this subdivision a second or 
  6.32  subsequent time within one year of a previous conviction under 
  6.33  this subdivision is guilty of a gross misdemeanor and may be 
  6.34  sentenced to imprisonment for not more than one year or to 
  6.35  payment of a fine of not more than $3,000, or both. 
  6.36     Sec. 6.  Minnesota Statutes 1996, section 169.435, 
  7.1   subdivision 2, is amended to read: 
  7.2      Subd. 2.  [SCHOOL BUS SAFETY ADVISORY COMMITTEE.] (a) The 
  7.3   commissioner of public safety shall establish the school bus 
  7.4   safety advisory committee.  The commissioner shall provide the 
  7.5   committee with meeting space and clerical support.  The 
  7.6   commissioner of public safety or the commissioner's designee 
  7.7   shall chair the committee.  The members of the committee also 
  7.8   shall include: 
  7.9      (1) the commissioner of children, families, and learning or 
  7.10  the commissioner's designee; 
  7.11     (2) the commissioner of human rights or the commissioner's 
  7.12  designee; 
  7.13     (3) a county or city attorney; 
  7.14     (4) a representative of the state patrol; 
  7.15     (5) a school board member; 
  7.16     (6) a school superintendent; 
  7.17     (7) two school bus drivers, one representing the 
  7.18  metropolitan area and one representing greater Minnesota; 
  7.19     (8) two school transportation contractors, one representing 
  7.20  the metropolitan areas and one representing greater Minnesota; 
  7.21     (9) two school transportation safety directors, one 
  7.22  representing the metropolitan area and one representing greater 
  7.23  Minnesota; and 
  7.24     (10) five public members, including at least four parents 
  7.25  of children who ride a school bus, among them a parent of a 
  7.26  child with a disability.  The public members shall be 
  7.27  geographically representative. 
  7.28     The commissioner of public safety, in consultation with the 
  7.29  commissioner of children, families, and learning, shall appoint 
  7.30  the members listed in clauses (3) to (9).  The governor shall 
  7.31  appoint the public members in clause (10).  Terms, compensation, 
  7.32  and removal of committee members shall be according to section 
  7.33  15.059.  The committee shall meet quarterly or as required by 
  7.34  the chair. 
  7.35     (b) The duties of the committee shall include: 
  7.36     (1) an annual report by January 15 to the governor and the 
  8.1   education committees of the legislature, including 
  8.2   recommendations for legislative action when needed, on student 
  8.3   bus safety education, school bus equipment requirements and 
  8.4   inspection, bus driver licensing, training, and qualifications, 
  8.5   bus operation procedures, student behavior and discipline, rules 
  8.6   of the road, school bus safety education for the public, or any 
  8.7   other aspects of school transportation safety the committee 
  8.8   considers appropriate; 
  8.9      (2) a quarterly review of all school transportation 
  8.10  accidents, crimes, incidents of serious misconduct, incidents 
  8.11  that result in serious personal injury or death, and bus driver 
  8.12  dismissals for cause; and 
  8.13     (3) periodic review of school district comprehensive 
  8.14  transportation safety policies. 
  8.15     (c) Notwithstanding section 15.059, subdivision 5, the 
  8.16  committee expires June 30, 1999. 
  8.17     Sec. 7.  Minnesota Statutes 1996, section 169.443, 
  8.18  subdivision 3, is amended to read: 
  8.19     Subd. 3.  [WHEN SIGNALS NOT USED.] School bus drivers shall 
  8.20  not activate the prewarning flashing amber signals or flashing 
  8.21  red signals and shall not use the stop arm signal: 
  8.22     (1) in special school bus loading areas where the bus is 
  8.23  entirely off the traveled portion of the roadway and where no 
  8.24  other motor vehicle traffic is moving or is likely to be moving 
  8.25  within 20 feet of the bus; 
  8.26     (2) in residence districts or business districts, as 
  8.27  defined in section 169.01, of home rule or statutory cities when 
  8.28  directed not to do so, in writing, by the local school 
  8.29  administrator board; 
  8.30     (3) when a school bus is being used on a street or highway 
  8.31  for purposes other than the actual transportation of school 
  8.32  children to or from school or a school-approved activity, except 
  8.33  as provided in subdivision 8; 
  8.34     (4) at railroad grade crossings; and 
  8.35     (5) when loading and unloading people while the bus is 
  8.36  completely off the traveled portion of a separated, one-way 
  9.1   roadway that has adequate shoulders.  The driver shall drive the 
  9.2   bus completely off the traveled portion of this roadway before 
  9.3   loading or unloading people. 
  9.4      Sec. 8.  Minnesota Statutes 1996, section 169.444, is 
  9.5   amended by adding a subdivision to read: 
  9.6      Subd. 1a.  [PASSING ON RIGHT.] No person may pass or 
  9.7   attempt to pass a school bus in a motor vehicle on the 
  9.8   right-hand, passenger-door side of the bus when the school bus 
  9.9   is displaying the prewarning flashing amber signals as required 
  9.10  in section 169.443, subdivision 1. 
  9.11     Sec. 9.  Minnesota Statutes 1996, section 169.444, 
  9.12  subdivision 2, is amended to read: 
  9.13     Subd. 2.  [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 
  9.14  who fails to stop a vehicle or to keep it stopped, as required 
  9.15  in subdivision 1, or who violates subdivision 1a, is guilty of a 
  9.16  misdemeanor punishable by a fine of not less than $300. 
  9.17     (b) A person is guilty of a gross misdemeanor if the person 
  9.18  fails to stop a motor vehicle or to keep it stopped, as required 
  9.19  in subdivision 1, or who violates subdivision 1a, and commits 
  9.20  either or both of the following acts: 
  9.21     (1) passes or attempts to pass the school bus in a motor 
  9.22  vehicle on the right-hand, passenger-door side of the bus; or 
  9.23     (2) passes or attempts to pass the school bus in a motor 
  9.24  vehicle when a school child is outside of and on the street or 
  9.25  highway used by the school bus or on the adjacent sidewalk. 
  9.26     Sec. 10.  Minnesota Statutes 1996, section 169.444, 
  9.27  subdivision 5, is amended to read: 
  9.28     Subd. 5.  [CAUSE FOR ARREST.] A peace officer may arrest 
  9.29  the driver of a motor vehicle if the peace officer has probable 
  9.30  cause to believe that the driver has operated the vehicle in 
  9.31  violation of subdivision 1 or 1a within the past four hours. 
  9.32     Sec. 11.  Minnesota Statutes 1996, section 169.444, 
  9.33  subdivision 6, is amended to read: 
  9.34     Subd. 6.  [VIOLATION; PENALTY FOR OWNERS AND LESSEES.] (a) 
  9.35  If a motor vehicle is operated in violation of subdivision 1 or 
  9.36  1a, the owner of the vehicle, or for a leased motor vehicle the 
 10.1   lessee of the vehicle, is guilty of a petty misdemeanor. 
 10.2      (b) The owner or lessee may not be fined under paragraph 
 10.3   (a) if (1) another person is convicted for that violation, or 
 10.4   (2) the motor vehicle was stolen at the time of the violation.  
 10.5      (c) Paragraph (a) does not apply to a lessor of a motor 
 10.6   vehicle if the lessor keeps a record of the name and address of 
 10.7   the lessee.  
 10.8      (d) Paragraph (a) does not prohibit or limit the 
 10.9   prosecution of a motor vehicle operator for violating 
 10.10  subdivision 1 or 1a.  
 10.11     (e) A violation under paragraph (a) does not constitute 
 10.12  grounds for revocation or suspension of the owner's or lessee's 
 10.13  driver's license.  
 10.14     Sec. 12.  Minnesota Statutes 1996, section 169.444, 
 10.15  subdivision 7, is amended to read: 
 10.16     Subd. 7.  [EVIDENTIARY PRESUMPTIONS.] (a) There is a 
 10.17  rebuttable presumption that signals described in section 169.442 
 10.18  were in working order and operable when a violation of 
 10.19  subdivision 1, 1a, 2, or 5 was allegedly committed, if the 
 10.20  signals of the applicable school bus were inspected and visually 
 10.21  found to be in working order and operable within 12 hours 
 10.22  preceding the incident giving rise to the violation. 
 10.23     (b) There is a rebuttable presumption that a motor vehicle 
 10.24  outwardly equipped and identified as a school bus satisfies all 
 10.25  of the identification and equipment requirements of section 
 10.26  169.441 when a violation of subdivision 1, 1a, 2, or 5 was 
 10.27  allegedly committed, if the applicable school bus bears a 
 10.28  current inspection certificate issued under section 169.451. 
 10.29     Sec. 13.  Minnesota Statutes 1996, section 169.447, 
 10.30  subdivision 6, is amended to read: 
 10.31     Subd. 6.  [OVERHEAD BOOK RACKS; STORAGE COMPARTMENTS.] 
 10.32  Types A, B, C, and D School buses may be equipped with padded, 
 10.33  permanent overhead book racks that do not hang over the center 
 10.34  aisle of the bus.  School buses manufactured after January 1, 
 10.35  1998, may also be equipped with interior overhead storage 
 10.36  compartments provided they meet the requirements of the 1995 
 11.1   "National Standards for School Buses and School Bus Operations." 
 11.2      Sec. 14.  Minnesota Statutes 1996, section 169.4501, 
 11.3   subdivision 1, is amended to read: 
 11.4      Subdivision 1.  [NATIONAL STANDARDS ADOPTED.] Except as 
 11.5   provided in sections 169.4502 and 169.4503, the construction, 
 11.6   design, equipment, and color of types A, B, C, and D school 
 11.7   buses used for the transportation of school children shall meet 
 11.8   the requirements of the "bus chassis standards" and "bus body 
 11.9   standards" in the 1990 1995 revised edition of the "National 
 11.10  Standards for School Buses and School Bus Operations" adopted by 
 11.11  the Eleventh Twelfth National Conference on School 
 11.12  Transportation and published by the National Safety Council.  
 11.13  Except as provided in section 169.4504, the construction, 
 11.14  design, and equipment of types A, B, C, and D school buses used 
 11.15  for the transportation of students with disabilities also shall 
 11.16  meet the requirements of the "specially equipped school bus 
 11.17  standards" in the 1990 1995 National Standards for School Buses 
 11.18  and School Bus Operations.  The "bus chassis standards," "bus 
 11.19  body standards," and "specially equipped school bus standards" 
 11.20  sections of the 1990 1995 revised edition of the "National 
 11.21  Standards for School Buses and School Bus Operations" are 
 11.22  incorporated by reference in this chapter. 
 11.23     Sec. 15.  Minnesota Statutes 1996, section 169.4501, 
 11.24  subdivision 2, is amended to read: 
 11.25     Subd. 2.  [APPLICABILITY.] (a) The standards adopted in 
 11.26  this section and sections 169.4502 and 169.4503, govern the 
 11.27  construction, design, equipment, and color of school buses used 
 11.28  for the transportation of school children, when owned and 
 11.29  operated by a school or privately owned and operated under a 
 11.30  contract with a school, and these standards must be made a part 
 11.31  of that contract by reference.  Each school, its officers and 
 11.32  employees, and each person employed under the contract is 
 11.33  subject to these standards. 
 11.34     (b) The standards apply to school buses manufactured after 
 11.35  December 31, 1994 1997.  Buses complying with these standards 
 11.36  when manufactured need not comply with standards established 
 12.1   later except as specifically provided for by law. 
 12.2      (c) A school bus manufactured on or before December 31, 
 12.3   1994 1997, must conform to the Minnesota standards in effect on 
 12.4   the date the vehicle was manufactured except as specifically 
 12.5   provided for in law. 
 12.6      (d) A new bus body may be remounted on a used chassis 
 12.7   provided that the remounted vehicle meets state and federal 
 12.8   standards for new buses which are current at the time of the 
 12.9   remounting.  Permission must be obtained from the commissioner 
 12.10  of public safety before the remounting is done.  A used bus body 
 12.11  may not be remounted on a new or used chassis. 
 12.12     Sec. 16.  Minnesota Statutes 1996, section 169.4502, 
 12.13  subdivision 2, is amended to read: 
 12.14     Subd. 2.  [BRAKES.] The braking system must include an 
 12.15  emergency brake.  The braking system must meet federal motor 
 12.16  vehicle safety standards in effect at the time of manufacture.  
 12.17  All buses manufactured with air brakes after January 1, 1995, 
 12.18  shall have automatic slack adjusters. 
 12.19     Sec. 17.  Minnesota Statutes 1996, section 169.4502, 
 12.20  subdivision 7, is amended to read: 
 12.21     Subd. 7.  [EXHAUST SYSTEM.] The tailpipe must: 
 12.22     (1) extend to but not more than one inch beyond the bumper 
 12.23  and be mounted outside of the chassis frame rail; or 
 12.24     (2) extend to but not more than one inch two inches beyond 
 12.25  the left side of the bus, behind the driver's compartment.  A 
 12.26  type A bus and a type B bus with a gross vehicle weight rating 
 12.27  under 15,000 pounds, shall comply with the manufacturer's 
 12.28  standard.  No exhaust pipe may exit beneath an emergency exit, 
 12.29  or, on a type C or type D bus, under the fuel fill location.  No 
 12.30  exhaust pipe shall be reduced in size beyond the muffler. 
 12.31     Sec. 18.  Minnesota Statutes 1996, section 169.4502, 
 12.32  subdivision 11, is amended to read: 
 12.33     Subd. 11.  [TIRES AND RIMS.] The use of multipiece rims or 
 12.34  tube-type tires is permitted.  Radial and bias ply tires shall 
 12.35  not be used on the same axle.  Front tire tread depth shall not 
 12.36  be less than 4/32 inch in any major tire tread groove. Rear tire 
 13.1   tread shall not be less than 2/32 inch.  Tires must be measured 
 13.2   in three locations around the tire, in two adjoining grooves.  
 13.3   No recapped tires shall be used on the front wheels.  Recapped 
 13.4   tires are permitted on the rear wheels. 
 13.5      Sec. 19.  Minnesota Statutes 1996, section 169.4502, is 
 13.6   amended by adding a subdivision to read: 
 13.7      Subd. 13.  [AIR CLEANER.] The air intake system for diesel 
 13.8   buses may have an air cleaner restriction indicator installed. 
 13.9      Sec. 20.  Minnesota Statutes 1996, section 169.4502, is 
 13.10  amended by adding a subdivision to read: 
 13.11     Subd. 14.  [CLUTCH.] A starter interlock may be installed 
 13.12  to prevent actuation of the starter if the clutch is not 
 13.13  depressed. 
 13.14     Sec. 21.  Minnesota Statutes 1996, section 169.4502, is 
 13.15  amended by adding a subdivision to read: 
 13.16     Subd. 15.  [OIL FILTER.] An oil filtration system may be 
 13.17  used in lieu of an oil filter. 
 13.18     Sec. 22.  Minnesota Statutes 1996, section 169.4503, 
 13.19  subdivision 1, is amended to read: 
 13.20     Subdivision 1.  [RELATION TO NATIONAL STANDARDS.] The bus 
 13.21  body standards contained in this section are required in 
 13.22  addition to those required by sections 169.450 169.4501 and 
 13.23  169.4502.  When a Minnesota standard contained in this section 
 13.24  conflicts with a national standard adopted in section 169.450 
 13.25  169.4501, the Minnesota standard contained in this section is 
 13.26  controlling. 
 13.27     Sec. 23.  Minnesota Statutes 1996, section 169.4503, 
 13.28  subdivision 2, is amended to read: 
 13.29     Subd. 2.  [BACKUP WARNING ALARM.] An automatic audible 
 13.30  backup alarm may be installed.  A spring-loaded button in the 
 13.31  driver's compartment that will temporarily disable the backup 
 13.32  alarm is allowed for usage in school bus overnight parking lots 
 13.33  and repair facilities. 
 13.34     Sec. 24.  Minnesota Statutes 1996, section 169.4503, 
 13.35  subdivision 10, is amended to read: 
 13.36     Subd. 10.  [EMERGENCY EQUIPMENT; FIRE EXTINGUISHERS.] The 
 14.1   fire extinguisher must have at least a 10BC rating The bus must 
 14.2   be equipped with at least one UL-approved pressurized, dry 
 14.3   chemical fire extinguisher with a total rating of 2A10BC or 
 14.4   greater. 
 14.5      Sec. 25.  Minnesota Statutes 1996, section 169.4503, 
 14.6   subdivision 13, is amended to read: 
 14.7      Subd. 13.  [IDENTIFICATION.] (a) Each bus shall, in the 
 14.8   beltline, identify the school district serviced, or company 
 14.9   name, or owner of the bus.  Numbers necessary for identification 
 14.10  must appear on the sides and rear of the bus.  Symbols or 
 14.11  letters may be used on the outside of the bus near the entrance 
 14.12  door for student identification.  A manufacturer's nameplate or 
 14.13  logo may be placed on the side of the bus near the entrance door 
 14.14  and on the rear. 
 14.15     (b) Effective December 31, 1994, all buses sold must 
 14.16  display lettering "Unlawful to pass when red lights are 
 14.17  flashing" on the rear of the bus.  The lettering shall be in 
 14.18  two-inch black letters on school bus yellow background.  This 
 14.19  message shall be displayed directly below the upper window of 
 14.20  the rear door.  On rear engine buses, it shall be centered at 
 14.21  approximately the same location.  Only signs and lettering 
 14.22  approved or required by state law may be displayed. 
 14.23     Sec. 26.  Minnesota Statutes 1996, section 169.4503, 
 14.24  subdivision 14, is amended to read: 
 14.25     Subd. 14.  [INSULATION.] (a) Ceilings and wall shall be 
 14.26  insulated to a minimum of one and one-half inch fiberglass and 
 14.27  installed so the insulation does not compact or sag.  Floor 
 14.28  insulation must be nominal 19/32 inches thick plywood, or a 
 14.29  material of equal or greater strength and insulation R value 
 14.30  that equals or exceeds properties of exterior-type softwood 
 14.31  plywood, C-D grade as specified in standard issued by the United 
 14.32  States Department of Commerce.  Type A and B A-II buses with a 
 14.33  gross vehicle weight rating under 15,000 pounds must have a 
 14.34  minimum of one-half inch plywood.  All exposed edges on plywood 
 14.35  shall be sealed.  Every school bus shall be constructed so that 
 14.36  the noise level taken at the ear of the occupant nearest to the 
 15.1   primary vehicle noise source shall not exceed 85 dba when tested 
 15.2   according to procedures in the 1990 1995 National Standards for 
 15.3   School Buses and School Bus Operations. 
 15.4      (b) The underside of metal floor may be undercoated with 
 15.5   polyurethane floor insulation, foamed in place.  The floor 
 15.6   insulation must be combustion resistant.  The authorization in 
 15.7   this paragraph does not replace the plywood requirement. 
 15.8      Sec. 27.  Minnesota Statutes 1996, section 169.4503, 
 15.9   subdivision 17, is amended to read: 
 15.10     Subd. 17.  [MIRRORS.] A type B bus with a gross vehicle 
 15.11  weight rating less than 15,000 pounds shall have a minimum of 
 15.12  six-inch by 16-inch mirror.  A type B bus with a gross vehicle 
 15.13  weight rating over 15,000 pounds shall have a minimum of a 
 15.14  six-inch by 30-inch mirror.  After January 1, 1995, all school 
 15.15  buses must be equipped with a minimum of two crossover mirrors, 
 15.16  mounted to the left and right sides of the bus. 
 15.17     Sec. 28.  Minnesota Statutes 1996, section 169.4503, 
 15.18  subdivision 19, is amended to read: 
 15.19     Subd. 19.  [RUB RAILS.] There shall be one rub rail at the 
 15.20  base of the skirt of the bus on all type A, excluding van 
 15.21  conversions, B, C, and D buses. 
 15.22     Sec. 29.  Minnesota Statutes 1996, section 169.4503, 
 15.23  subdivision 23, is amended to read: 
 15.24     Subd. 23.  [WINDOWS.] Windshield, entrance, and rear 
 15.25  emergency exit doors must be of approved safety glass.  
 15.26  Laminated or tempered glass (AS-2 or AS-3) is permitted in all 
 15.27  other windows.  All glass shall be federally approved and marked 
 15.28  as provided in section 169.74.  The windshield may be of uniform 
 15.29  tint throughout or may have a horizontal gradient band starting 
 15.30  slightly above the line of vision and gradually decreasing in 
 15.31  light transmission to 20 percent or less at the top of the 
 15.32  windshield.  The use of tinted glass, as approved by section 
 15.33  169.71, is permitted on side windows and rear windows except for 
 15.34  the entrance door, the first window behind the service door, and 
 15.35  the window to the left of the driver.  The window to the left of 
 15.36  the driver, the upper service door windows, and the window 
 16.1   immediately behind the entrance door must be thermal glass.  The 
 16.2   window to the left of the driver for type A and B buses with a 
 16.3   gross vehicle weight rating under 15,000 pounds need not be 
 16.4   thermal glass. 
 16.5      Sec. 30.  Minnesota Statutes 1996, section 169.4503, 
 16.6   subdivision 24, is amended to read: 
 16.7      Subd. 24.  [WIRING.] If not protected by a grommet, wire 
 16.8   that passes through holes shall be encased in an 
 16.9   abrasive-resistant protective covering.  If a master cutoff 
 16.10  switch is used, it shall not be wired as to kill power to the 
 16.11  electric brake system. 
 16.12     Sec. 31.  Minnesota Statutes 1996, section 169.4503, is 
 16.13  amended by adding a subdivision to read: 
 16.14     Subd. 25.  [DRIVER COMPARTMENT.] The driver's seat must be 
 16.15  a high-back seat. 
 16.16     Sec. 32.  Minnesota Statutes 1996, section 169.4504, 
 16.17  subdivision 1, is amended to read: 
 16.18     Subdivision 1.  [RELATION TO NATIONAL STANDARDS.] The 
 16.19  specially equipped school bus standards contained in this 
 16.20  section are required in addition to those required by section 
 16.21  169.450 169.4501.  When a Minnesota standard contained in this 
 16.22  section conflicts with a national standard adopted in 
 16.23  section 169.450 169.4501, the Minnesota standard contained in 
 16.24  this section is controlling. 
 16.25     Sec. 33.  Minnesota Statutes 1996, section 169.4504, is 
 16.26  amended by adding a subdivision to read: 
 16.27     Subd. 6.  [SECUREMENT AND RESTRAINT SYSTEM.] The securement 
 16.28  and restraint system must be located and installed so that when 
 16.29  an occupied wheelchair or other mobility aid is secured, the 
 16.30  installation meets the requirements of the applicable federal 
 16.31  motor vehicle safety standard. 
 16.32     Sec. 34.  Minnesota Statutes 1996, section 169.451, 
 16.33  subdivision 4, is amended to read: 
 16.34     Subd. 4.  [VIOLATIONS; PENALTY.] The state patrol shall 
 16.35  enforce subdivision 2.  A violation of subdivision 2 this 
 16.36  section is a misdemeanor. 
 17.1      Sec. 35.  Minnesota Statutes 1996, section 169.452, is 
 17.2   amended to read: 
 17.3      169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 
 17.4      The department of public safety shall develop uniform 
 17.5   definitions of a school bus accident, an incident of serious 
 17.6   misconduct, and an incident that results in personal injury or 
 17.7   death.  The department shall determine what type of information 
 17.8   on school bus accidents and incidents, including criminal 
 17.9   conduct, and bus driver dismissals for cause should be collected 
 17.10  and develop a uniform accident and incident reporting form to 
 17.11  collect those data, including data relating to type III 
 17.12  vehicles, statewide.  In addition to the form, the department 
 17.13  shall have an alternative method of reporting that allows school 
 17.14  districts to use computer technology to provide the required 
 17.15  information.  School districts selected by the commissioner 
 17.16  shall report the information required by the department using 
 17.17  either format.  A school district must not be charged for 
 17.18  reporting forms or reporting procedures under this section.  
 17.19  Data collected under this section shall be analyzed to help 
 17.20  develop accident, crime, and misconduct prevention programs.  
 17.21  This section is not subject to chapter 14. 
 17.22     Sec. 36.  Minnesota Statutes 1996, section 171.321, is 
 17.23  amended by adding a subdivision to read: 
 17.24     Subd. 6.  [SCHOOL BUS DRIVER TRAINING FILES.] A district's 
 17.25  school transportation safety director, the chief administrator 
 17.26  of a nonpublic school, or a private contractor providing student 
 17.27  transportation shall maintain a file on each of its respective 
 17.28  school bus drivers who transport students.  The file contents 
 17.29  must include, at a minimum, the driver's current driving 
 17.30  history, documentation of competency regarding student conduct 
 17.31  and students with disabilities, the current certification of 
 17.32  competency and number of hours of in-service training completed 
 17.33  by the driver, the pretrip inspection evaluation, and the 
 17.34  behind-the-wheel evaluation.  The files must be made accessible 
 17.35  to the commissioner or the commissioner's designee during 
 17.36  regular business hours. 
 18.1      Sec. 37.  Minnesota Statutes 1996, section 171.3215, 
 18.2   subdivision 4, is amended to read: 
 18.3      Subd. 4.  [WAIVER OF PERMANENT CANCELLATION.] The 
 18.4   commissioner of public safety or the commissioner's designee, in 
 18.5   consultation with the school bus safety advisory committee 
 18.6   division of driver and vehicle services, may waive the permanent 
 18.7   cancellation requirement of section 171.3215 for a person 
 18.8   convicted of a nonfelony violation of chapter 152 or a felony 
 18.9   that is not a violent crime under section 609.152. 
 18.10     Sec. 38.  [REPEALER.] 
 18.11     Minnesota Statutes 1996, sections 169.4502, subdivisions 6 
 18.12  and 9; 169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and 
 18.13  169.454, subdivision 11, are repealed.