HF 665

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; modifying school bus equipment standards; clarifying
pupil transportation requirements; defining multifunctional school activity bus;
creating a licensure exception; amending Minnesota Statutes 2006, sections
123B.88, subdivision 12; 123B.90, subdivision 2; 123B.92, subdivision 5;
169.01, subdivision 6, by adding a subdivision; 169.443, by adding a subdivision;
169.447, subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5;
169.4503, subdivisions 13, 20; 171.02, subdivisions 2, 2a; 171.321, subdivision
4; repealing Minnesota Statutes 2006, sections 169.4502, subdivision 15;
169.4503, subdivisions 17, 18, 26.

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

Section 1.

Minnesota Statutes 2006, section 123B.88, subdivision 12, is amended to
read:

Subd. 12.

Early childhood family education participants.

Districts may provide
bus transportation along deleted text begin regular deleted text end school bus routes when space is available for participants
in early childhood family education programs and school readiness programs if these
services do not result in an increase in the district's expenditures for transportation.
The costs allocated to these services, as determined by generally accepted accounting
principles, shall be considered part of the authorized cost for deleted text begin regular deleted text end transportation for
the purposes of section 123B.92.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies for fiscal year 2007 and later.
new text end

Sec. 2.

Minnesota Statutes 2006, section 123B.90, subdivision 2, is amended to read:

Subd. 2.

Student training.

(a) Each district must provide public school pupils
enrolled in kindergarten through grade 10 with age-appropriate school bus safety training,
as described in this section, of the following concepts:

(1) transportation by school bus is a privilege and not a right;

(2) district policies for student conduct and school bus safety;

(3) appropriate conduct while on the school bus;

(4) the danger zones surrounding a school bus;

(5) procedures for safely boarding and leaving a school bus;

(6) procedures for safe street or road crossing; and

(7) school bus evacuation.

(b) Each nonpublic school located within the district must provide all nonpublic
school pupils enrolled in kindergarten through grade 10 who are transported by school
bus at public expense and attend school within the district's boundaries with training as
required in paragraph (a).

(c) Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first or
second week of school and have not previously received school bus safety training must
receive the training or receive bus safety instructional materials by the end of the sixth
week of school. Students taking driver's training instructional classes deleted text begin and other students in
grades 9 and 10 deleted text end must receive training in the laws and proper procedures when operating a
motor vehicle in the vicinity of a school bus new text begin as required by section 169.446, subdivisions 2
and 3 new text end . Students enrolled in kindergarten through grade 10 who enroll in a school after the
second week of school and are transported by school bus and have not received training
in their previous school district shall undergo school bus safety training or receive bus
safety instructional materials within four weeks of the first day of attendance. new text begin Upon
request of the superintendent of schools, new text end the school transportation safety director in each
district must certify to the superintendent deleted text begin of schools annually deleted text end that all students transported
by school bus within the district have received the school bus safety training according to
this section. new text begin Upon request of the superintendent of the school district where the nonpublic
school is located, new text end the principal or other chief administrator of each nonpublic school must
certify deleted text begin annually deleted text end to the school transportation safety director of the district in which the
school is located that the school's students transported by school bus at public expense
have received training according to this section.

(d) A district and a nonpublic school with students transported by school bus at
public expense may provide kindergarten pupils with bus safety training before the first
day of school.

(e) A district and a nonpublic school with students transported by school bus at
public expense may also provide student safety education for bicycling and pedestrian
safety, for students enrolled in kindergarten through grade 5.

(f) A district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety training
of pupils known to speak English as a second language and pupils with disabilities.

(g) The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.

(h) A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, section 123B.92, subdivision 5, is amended to read:

Subd. 5.

District reports.

(a) Each district must report data to the department as
required by the department to account for transportation expenditures.

(b) Salaries and fringe benefits of district employees whose primary duties are
other than transportation, including central office administrators and staff, building
administrators and staff, teachers, social workers, school nurses, and instructional aides,
must not be included in a district's transportation expenditures, except that a district may
include salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct support to the
transportation director, or (3) an employee providing direct transportation services such as
a bus driver or bus aide.

(c) Salaries and fringe benefits of the district employees listed in paragraph (b),
clauses (1), (2), and (3), who work part time in transportation and part time in other areas
must not be included in a district's transportation expenditures unless the district maintains
documentation of the employee's time spent on pupil transportation matters in the form
and manner prescribed by the department.

(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
leased buses, student board and lodging, crossing guards, and aides on buses, must
be allocated among transportation categories based on cost-per-mile, cost-per-student,
cost-per-hour, or cost-per-route, regardless of whether the transportation services are
provided on district-owned or contractor-owned school buses. Expenditures for school
bus driver salaries and fringe benefits may either be directly charged to the appropriate
transportation category or may be allocated among transportation categories based
on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures
by private contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate transportation category.
Transportation services provided by contractor-owned school bus companies incorporated
under different names but owned by the same individual or group of individuals must be
treated as the same company for cost allocation purposes.

new text begin (e) Notwithstanding paragraph (d), districts contracting for transportation services
are exempt from the standard cost allocation method for authorized and nonauthorized
transportation categories if the district (1) bid its contracts separately for authorized and
nonauthorized transportation categories, (2) received bids or quotes from more than one
vendor for these transportation categories or can demonstrate that efforts were made to
solicit bids or quotes through advertising, and (3) the district's cost-per-mile, cost-per-hour,
or cost-per-route does not vary more than ten percent among authorized transportation
categories, excluding expenditures for capital outlay, leased buses, student board and
lodging, crossing guards, special equipment, and aides on buses. If the costs reported by
the district for contractor-owned operations vary more than the parameters outlined above,
the department shall require the district to reallocate its transportation costs, excluding
salaries and fringe benefits of bus aids, among all categories.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies for fiscal year 2007 and later.
new text end

Sec. 4.

Minnesota Statutes 2006, section 169.01, subdivision 6, is amended to read:

Subd. 6.

School bus.

new text begin (a) new text end "School bus" means a motor vehicle used to transport
pupils to or from a school defined in section 120A.22, or to or from school-related
activities, by the school or a school district, or by someone under an agreement with the
school or a school district. A school bus does not include a motor vehicle transporting
children to or from school for which parents or guardians receive direct compensation
from a school district, a motor coach operating under charter carrier authority, a transit
bus providing services as defined in section 174.22, subdivision 7, deleted text begin a multifunction school
activity bus as defined by federal motor vehicle safety standards, deleted text end or a vehicle otherwise
qualifying as a type III vehicle under paragraph deleted text begin (5) deleted text end new text begin (6) new text end , when the vehicle is properly
registered and insured and being driven by an employee or agent of a school district for
nonscheduled or nonregular transportation. A school bus may be type A, type B, type C,
deleted text begin or deleted text end type D, new text begin a multifunctional school activity bus, new text end or type III as follows:

(1) A "type A school bus" is a deleted text begin van deleted text end conversion deleted text begin or deleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels. deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000 deleted text end new text begin 14,500 new text end pounds new text begin or less new text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000 deleted text end new text begin 14,500 new text end pounds new text begin and less than or equal to 21,500 pounds new text end .

(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.

(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels. new text begin A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end

(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.

(5) new text begin A "multifunctional school activity bus" is a bus that meets the federal motor
vehicle safety standards definition, except for vehicles classified as type III school buses
according to paragraph (6).
new text end

new text begin (6) new text end Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:

new text begin Subd. 92. new text end

new text begin Cellular phone. new text end

new text begin "Cellular phone" means a cellular, analog, wireless, or
digital telephone capable of sending or receiving telephone or text messages without
an access line for service.
new text end

Sec. 6.

Minnesota Statutes 2006, section 169.443, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Personal cellular phone call prohibition. new text end

new text begin A school bus driver may not
operate a school bus while communicating over, or otherwise operating, a cellular phone
for personal reasons, whether hand-held or hands free, when the vehicle is in motion.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 169.447, subdivision 2, is amended to read:

Subd. 2.

Driver seat belt.

deleted text begin New deleted text end School buses and Head Start buses deleted text begin manufactured
after December 31, 1994, deleted text end must be equipped with driver seat belts and seat belt assemblies
of the type described in section 169.685, subdivision 3. School bus drivers and Head
Start bus drivers must use these seat belts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 169.4501, subdivision 1, is amended to read:

Subdivision 1.

National standards adopted.

Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A, B, C,
deleted text begin and deleted text end D new text begin and multifunctional school activity bus new text end school buses used for the transportation
of school children shall meet the requirements of the "bus chassis standards" and "bus
body standards" in the deleted text begin 2000 deleted text end new text begin 2005 new text end edition of the "National School Transportation
Specifications and Procedures" adopted by the National deleted text begin Conference deleted text end new text begin Congress new text end on School
Transportation. Except as provided in section 169.4504, the construction, design, and
equipment of types A, B, C, deleted text begin and deleted text end D new text begin and multifunctional school activity bus new text end school buses
used for the transportation of students with disabilities also shall meet the requirements
of the "specially equipped school bus standards" in the deleted text begin 2000 deleted text end new text begin 2005 new text end National School
Transportation Specifications and Procedures. The "bus chassis standards," "bus body
standards," and "specially equipped school bus standards" sections of the deleted text begin 2000 deleted text end new text begin 2005 new text end
edition of the "National School Transportation Specifications and Procedures" are
incorporated by reference in this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 9.

Minnesota Statutes 2006, section 169.4501, subdivision 2, is amended to read:

Subd. 2.

Applicability.

(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.

(b) The standards apply to school buses manufactured after deleted text begin October 31, 2004 deleted text end new text begin
December 31, 2007 new text end . Buses complying with the standards when manufactured need not
comply with standards established later except as specifically provided for by law.

(c) A school bus manufactured on or before deleted text begin October 31, 2004 deleted text end new text begin December 31,
2007 new text end , must conform to the Minnesota standards in effect on the date the vehicle was
manufactured except as specifically provided for in law.

(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 10.

Minnesota Statutes 2006, section 169.4502, subdivision 5, is amended to read:

Subd. 5.

Electrical system; battery.

(a) The storage battery, as established by the
manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the
battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus
with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050
cold cranking amperes.

(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and
type C and D buses, the battery shall be temporarily mounted on the chassis frame. The
final location of the battery and the appropriate cable lengths in these buses must comply
with the SBMI design objectives booklet.

(c) All batteries shall be mounted according to chassis manufacturers'
recommendations.

(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least
550 cold cranking amperes may be installed in the engine compartment only if used in
combination with a generator or alternator of at least deleted text begin 120 deleted text end new text begin 130 new text end amperes.

(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be
equipped with a battery to provide a minimum of 550 cold cranking amperes only if used
in combination with an alternator of at least deleted text begin 80 deleted text end new text begin 130 new text end amperes. This paragraph does not
apply to those buses with wheelchair lifts or diesel engines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 11.

Minnesota Statutes 2006, section 169.4503, subdivision 13, is amended to
read:

Subd. 13.

Identification.

(a) Each bus shall, in the beltline, identify the school
district serviced, or company name, or owner of the bus. Numbers necessary for
identification must appear on the sides and rear of the bus. Symbols or letters may
be used on the outside of the bus near the entrance door for student identification. A
manufacturer's nameplate or logo may be placed on the bus.

(b) Effective December 31, 1994, all new text begin type A, B, C, and D new text end buses sold must display
lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The
lettering shall be in two-inch black letters on school bus yellow background. This message
shall be displayed directly below the upper window of the rear door. On rear engine buses,
it shall be centered at approximately the same location. Only signs and lettering approved
or required by state law may be displayed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 12.

Minnesota Statutes 2006, section 169.4503, subdivision 20, is amended to
read:

Subd. 20.

Seat and crash barriers.

new text begin (a) new text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.

new text begin (b) All seats must have a minimum cushion depth of 15 inches and a seat back
height of at least 20 inches above the seating reference point.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 13.

Minnesota Statutes 2006, section 171.02, subdivision 2, is amended to read:

Subd. 2.

Driver's license classifications, endorsements, exemptions.

(a) Drivers'
licenses are classified according to the types of vehicles that may be driven by the holder
of each type or class of license. The commissioner may, as appropriate, subdivide the
classes listed in this subdivision and issue licenses classified accordingly.

(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
so endorsed. There are four general classes of licenses as described in paragraphs (c)
through (f).

(c) Class D drivers' licenses are valid for:

(1) operating all farm trucks if the farm truck is:

(i) controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;

(ii) used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;

(iii) not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and

(iv) used within 150 miles of the farm;

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle,
as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds
gross vehicle weight;

(3) operating a recreational vehicle as defined in section 168.011, subdivision 25,
that is operated for personal use;

(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
the driver, and vehicles that carry hazardous materials;

(5) notwithstanding paragraph (d), operating a type A school bus new text begin or a multifunctional
school activity bus new text end without a school bus endorsement if:

deleted text begin (i) the bus has a gross vehicle weight of 10,000 pounds or less;
deleted text end

deleted text begin (ii) the bus is designed to transport 15 or fewer passengers, including the driver; and
deleted text end

deleted text begin (iii) the requirements of subdivision 2a are satisfied, as determined by the
commissioner;
deleted text end

new text begin (i) the bus is designed to transport 15 or fewer passengers, including the driver;
new text end

new text begin (ii) the requirements of subdivision 2a are satisfied, as determined by the
commissioner; and
new text end

new text begin (iii) the type A school bus or a multifunctional school activity bus has a gross vehicle
weight of 14,500 pounds or less;
new text end

(6) operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; and

(7) towing vehicles if:

(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or

(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.

(d) Class C drivers' licenses are valid for:

(1) operating class D motor vehicles;

(2) with a hazardous materials endorsement, transporting hazardous materials
in class D vehicles; and

(3) with a school bus endorsement, operating school buses designed to transport 15
or fewer passengers, including the driver.

(e) Class B drivers' licenses are valid for:

(1) operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

(f) Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 14.

Minnesota Statutes 2006, section 171.02, subdivision 2a, is amended to read:

Subd. 2a.

Exception for certain school bus drivers.

Notwithstanding subdivision
2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school bus new text begin or a multifunctional school activity bus new text end described in
subdivision 2, paragraph (b), under the following conditions:

(a) The operator is an employee of the entity that owns, leases, or contracts for the
school bus and is not solely hired to provide transportation services under this subdivision.

(b) The operator drives the school bus only from points of origin to points of
destination, not including home-to-school trips to pick up or drop off students.

(c) The operator is prohibited from using the new text begin type A school bus new text end eight-light system.
Violation of this paragraph is a misdemeanor.

(d) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of the type of school bus the operator will be driving;

(2) understanding student behavior, including issues relating to students with
disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;

(5) handling emergency situations; and

(6) safe loading and unloading of students.

(e) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for teachers; section 144.057 or chapter 245C for day care employees; or section 171.321,
subdivision 3, for all other persons operating a deleted text begin type A school bus deleted text end new text begin vehicle new text end under this
subdivision.

(f) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.

(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the deleted text begin school bus deleted text end new text begin vehicle new text end .

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute
or ordinance of another state is precluded from operating a school bus for five years
from the date of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a school bus under this
subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a fourth
moving offense in violation of chapter 169 is precluded from operating a school bus for
one year from the date of the last conviction.

(k) Students riding the deleted text begin school bus deleted text end new text begin vehicle new text end must have training required under section
123B.90, subdivision 2.

(l) An operator must be trained in the proper use of child safety restraints as set
forth in the National Highway Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses deleted text begin . deleted text end new text begin , new text end " new text begin if child safety restraints are
used by the passengers.
new text end

(m) Annual certification of the requirements listed in this subdivision must be
maintained under separate file at the business location for each operator licensed under
this subdivision and subdivision 2, paragraph (b), clause (5). The business manager,
school board, governing body of a nonpublic school, or any other entity that owns,
leases, or contracts for the school bus operating under this subdivision is responsible
for maintaining these files for inspection.

(n) The deleted text begin school bus deleted text end new text begin vehicle new text end must bear a current certificate of inspection issued under
section 169.451.

(o) new text begin On a type A school bus, new text end the word "School" on the front and rear of the bus
must be covered by a sign that reads "Activities" when the bus is being operated under
authority of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 15.

Minnesota Statutes 2006, section 171.321, subdivision 4, is amended to read:

Subd. 4.

Training.

(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.

(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with
disabilities;

(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;

(5) handle emergency situations; and

(6) safely load and unload students.

(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school district new text begin , nonpublic school, or
private contractor new text end may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. new text begin A driver may receive at least eight
hours of school bus in-service training any year, as an alternative to being assessed for bus
driver competencies after the initial year of being assessed for bus driver competencies.
new text end The employer shall keep the assessment new text begin or a record of the in-service training new text end for the
current period available for inspection by representatives of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 16. new text begin RULES REVISED: COMMISSIONER OF PUBLIC SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Rules revised under the good cause exemption. new text end

new text begin The commissioner
of public safety must amend and adopt the revisions to the rules listed below in
subdivisions 2 to 8 under the good cause exemption to the rulemaking process under
Minnesota Statutes, section 14.388, subdivision 1, clause (3).
new text end

new text begin Subd. 2. new text end

new text begin Minnesota Rules, part 7470.0500. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.0500, by replacing two obsolete references to the
Department of Children, Families, and Learning, with a reference to the Department of
Public Safety and removing references to specifically repealed rules.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota Rules, part 7470.0700. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.0700, as follows:
new text end

new text begin (1) for the points assigned to school bus equipment defects, strike the reference to
"orange" school buses and include a new school bus color exemption for multifunctional
school activity buses;
new text end

new text begin (2) replace the references to type I and type II school buses with type A, B, C,
or D school buses;
new text end

new text begin (3) exempt multifunctional school activity buses from the point reduction for not
having a stop arm; and
new text end

new text begin (4) exempt multifunctional school activity buses from the point reduction for not
having an eight-lamp warning lamp system.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Rules, part 7470.1000. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.1000, to:
new text end

new text begin (1) include multifunctional school activity buses in the headnote;
new text end

new text begin (2) update subpart 1 to include multifunctional school activity buses as a type of
school bus listed after bus types A, B, C, and D;
new text end

new text begin (3) modify subpart 2 to clarify that the prohibition against loading or unloading while
adjacent to a turn lane applies only when it is a right-hand turn lane and does not prohibit a
bus from loading or unloading at the side of the road when there is a center turn lane; and
new text end

new text begin (3) expand the exception that allows service dogs on school buses to include all
companion animals.
new text end

new text begin Subd. 5. new text end

new text begin Minnesota Rules, part 7470.1100. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.1100, to include multifunctional school activity
buses in the headnote and amend subpart 1 to include multifunctional school activity
buses as a type of school bus listed after bus types A, B, C, and D. The commissioner must
also amend paragraph (b) of this part to require drivers to use prewarning flashing signals,
flashing red signals, and stop signals arms on buses that are equipped with those signals.
new text end

new text begin Subd. 6. new text end

new text begin Minnesota Rules, part 7470.1400. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.1400, to clarify that the operating rules in parts
7470.1000 to 7470.1500 apply to buses that are leased and rented as well as to school
buses that are owned by a school district, a nonpublic school, or a private operator under
contract to a school district or nonpublic school.
new text end

new text begin Subd. 7. new text end

new text begin Minnesota Rules, part 7470.1500. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.1500, to:
new text end

new text begin (1) clarify that the prohibition against loading or unloading while adjacent to a turn
lane applies only when it is a right-hand turn lane and does not prohibit a bus from loading
or unloading at the side of the road when there is a center turn lane; and
new text end

new text begin (2) delete paragraph (h) because it is obsolete.
new text end

new text begin Subd. 8. new text end

new text begin Minnesota Rules, part 7470.1700. new text end

new text begin The commissioner of public safety
must amend Minnesota Rules, part 7470.1700, subpart (2), to:
new text end

new text begin (1) clarify that the bus driver and the bus aide must have access to emergency health
care information for the students with disabilities transported on the bus; and
new text end

new text begin (2) add a paragraph (e) that allows the health information to be maintained either in
a hard copy on the vehicle or immediately accessible through a two-way communications
system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 169.4502, subdivision 15; and 169.4503,
subdivisions 17, 18, and 26, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end