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HF 2481

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/31/2014 08:17am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2014
1st Engrossment Posted on 03/13/2014
2nd Engrossment Posted on 03/28/2014

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; pupil transportation; requiring seat belt cutters in type III
vehicles; requiring school bus drivers to conduct post-trip inspections; modifying
reporting and cancellation requirements for bus endorsements; providing
penalties; amending Minnesota Statutes 2012, sections 169.443, subdivision
7, by adding a subdivision; 169.451, subdivision 4, by adding a subdivision;
169.454, by adding a subdivision; 169.4582, by adding a subdivision; 171.02,
subdivision 2b; 171.3215, subdivisions 1, 2; 631.40, subdivision 1a.

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

Section 1.

Minnesota Statutes 2012, section 169.443, subdivision 7, is amended to read:


Subd. 7.

Misdemeanor.

new text beginExcept as provided in subdivision 10, new text enda person who
violates this section is guilty of a misdemeanor.

Sec. 2.

Minnesota Statutes 2012, section 169.443, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Post-trip inspection. new text end

new text begin (a) As used in this subdivision, "immediate vicinity"
means within 50 feet of the school bus and within a direct, unobstructed line of sight.
new text end

new text begin (b) Within ten minutes following completion of each trip and before leaving the
immediate vicinity, each driver shall complete an interior post-trip inspection of the bus
to ensure no student or students are left unattended. A violation of this section is a petty
misdemeanor.
new text end

new text begin (c) If the court determines that a violation of paragraph (b) resulted in a child being
left unattended in a school bus, the court shall ensure that section 631.40, subdivision
1a is complied with.
new text end

Sec. 3.

Minnesota Statutes 2012, section 169.451, subdivision 4, is amended to read:


Subd. 4.

Violation; penalty.

The State Patrol shall enforce deleted text beginsubdivisiondeleted text endnew text begin subdivisions
new text end 2new text begin and 6new text end. A violation of subdivision 2 is a misdemeanornew text begin, and a violation of subdivision 6
is a gross misdemeanor
new text end.

Sec. 4.

Minnesota Statutes 2012, section 169.451, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Operation of out of service school buses prohibited. new text end

new text begin No carrier, district,
or operator shall require or allow any person to operate, for the purposes of passenger
transportation, a school bus that has been clearly marked "out of service" until all of the
violations causing the "out of service" status have been satisfactorily remedied.
new text end

Sec. 5.

Minnesota Statutes 2012, section 169.454, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Webbing cutter. new text end

new text begin Each vehicle shall be equipped with a durable webbing
cutter having a full width handgrip and a protected, replaceable, or noncorrodible blade.
The webbing cutter shall be mounted in a location accessible to the seated driver, and
must be easily detachable for use.
new text end

Sec. 6.

Minnesota Statutes 2012, section 169.4582, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Failure to conduct post-trip inspection; reporting. new text end

new text begin Any carrier or district
must report any known violation of section 169.443, subdivision 10, paragraph (b), to
the director of pupil transportation with 72 hours. Section 169.89, subdivision 1, does
not apply to a violation of this subdivision.
new text end

Sec. 7.

Minnesota Statutes 2012, section 171.02, subdivision 2b, is amended to read:


Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision
2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
may operate a type III vehicle described in section 169.011, subdivision 71, paragraph
(h), under the conditions in paragraphs (b) through deleted text begin(o)deleted text endnew text begin (p)new text end.

(b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.

(c) 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 a type III vehicle;

(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;

(6) proper use of seat belts and child safety restraints;

(7) performance of pretrip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if it
is not reasonably feasible to avoid such a location;

(iv) placing the type III vehicle in "park" during loading and unloading; and

(v) escorting a pupil across the road under item (iii) only after the motor is stopped,
the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered
immobile; and

(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.

(d) 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 school district employees; section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating a type III vehicle under
this subdivision.

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

(f) The operator's employer requires preemployment drug testing of applicants for
operator positions. Current operators must comply with the employer's policy under
section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the
operator's employer may use a Breathalyzer or similar device to fulfill random alcohol
testing requirements.

(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the type III vehicle as required under section 171.321, subdivision 5.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of violating
or whose driver's license is revoked under a similar statute or ordinance of another state, is
precluded from operating a type III vehicle 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 type III vehicle under
this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of
the last conviction.

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.

new text begin (l) An operator of a type III vehicle or Head Start vehicle whose license is
suspended, revoked, or canceled by this state or another state or jurisdiction must notify
the operator's employer of the suspension, revocation, cancellation, lost privilege, or other
disqualification. The operator must notify the employer before the end of the business day
following the day the operator received notice of the suspension, revocation, cancellation,
lost privilege, or disqualification.
new text end

deleted text begin (l)deleted text endnew text begin (m)new text end Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.

deleted text begin (m)deleted text endnew text begin (n)new text end Documentation of meeting the requirements listed in this subdivision must
be maintained under separate file at the business location for each type III vehicle
operator. The business manager, school board, governing body of a nonpublic school, or
any other entity that owns, leases, or contracts for the type III vehicle operating under this
subdivision is responsible for maintaining these files for inspection.

deleted text begin (n)deleted text endnew text begin (o)new text end The type III vehicle must bear a current certificate of inspection issued under
section 169.451.

deleted text begin (o)deleted text endnew text begin (p)new text end An employee of a school or of a school district, who is not employed for the
sole purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

Sec. 8.

Minnesota Statutes 2012, section 171.3215, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given them.

(b) "School bus driver" means a person possessing a school bus driver's endorsement
on a valid Minnesota driver's license or a person possessing a valid Minnesota driver's
license who drives a vehicle with a seating capacity of ten or less persons used as a
school bus.

(c) "Disqualifying offense" includes (1) any felony offense, (2) any misdemeanor,
gross misdemeanor, or felony violation of chapter 152, (3) any violation under section
609.3451, 609.746, subdivision 1, 617.23, 617.246, 617.247, or 617.293, or (4) while
driving, operating, or being in physical control of a school bus or a Head Start bus, a
violation of section 169A.20 or a similar statute or ordinance from another statenew text begin, or
violation of section 169.443, subdivision 10, if, as a result, a child is left unattended
in the school bus
new text end.

(d) "Head Start bus driver" means a person possessing a valid Minnesota driver's
license:

(1) with a passenger endorsement, who drives a Head Start bus;

(2) with a school bus driver's endorsement, who drives a Head Start bus; or

(3) who drives a vehicle with a seating capacity of ten or fewer persons used as a
Head Start bus.

Sec. 9.

Minnesota Statutes 2012, section 171.3215, subdivision 2, is amended to read:


Subd. 2.

Cancellation for disqualifying and other offenses.

new text beginExcept as otherwise
provided in this section,
new text end within ten days of receiving notice under section 631.40,
subdivision 1a
, or otherwise receiving notice for a nonresident driver, that a school bus
driver has been convicted of a disqualifying offense, the commissioner shall permanently
cancel the school bus driver's endorsement on the offender's driver's license and in the
case of a nonresident, the driver's privilege to operate a school bus in Minnesota. A school
bus driver whose endorsement or privilege to operate a school bus in Minnesota has been
permanently canceled may not apply for reinstatement. Within ten days of receiving notice
under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of a violation of section 169A.20, or a
similar statute or ordinance from another state, and within ten days of revoking a school
bus driver's license under section 169A.52, the commissioner shall cancel the school
bus driver's endorsement on the offender's driver's license or the nonresident's privilege
to operate a school bus in Minnesota for five years. After five years, a school bus driver
may apply to the commissioner for reinstatement. Even after five years, cancellation of a
school bus driver's endorsement or a nonresident's privilege to operate a school bus in
Minnesota for a violation under section 169A.20, sections 169A.50 to 169A.53, or a
similar statute or ordinance from another state, shall remain in effect until the driver
provides proof of successful completion of an alcohol or controlled substance treatment
program. For a first offense, proof of completion is required only if treatment was ordered
as part of a chemical use assessment. Within ten days of receiving notice under section
631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school
bus driver has been convicted of a fourth moving violation in the last three years, the
commissioner shall cancel the school bus driver's endorsement on the offender's driver's
license or the nonresident's privilege to operate a school bus in Minnesota until one year
has elapsed since the last conviction. A school bus driver who has no new convictions
after one year may apply for reinstatement.new text begin Upon conviction for a violation of section
169.443, subdivision 10, that results in a child being left unattended in the school bus the
commissioner shall cancel the school bus driver's endorsement on the offender's driver's
license for one year.
new text end Upon canceling the offender's school bus driver's endorsement, the
commissioner shall immediately notify the licensed offender of the cancellation in writing,
by depositing in the United States post office a notice addressed to the licensed offender at
the licensed offender's last known address, with postage prepaid thereon.

Sec. 10.

Minnesota Statutes 2012, section 631.40, subdivision 1a, is amended to read:


Subd. 1a.

Certified copy of disqualifying offense convictions sent to public safety
and school districts.

When a person is convicted of committing a disqualifying offense, as
defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation
within the previous three years, new text begina violation of section 169.443, subdivision 10, that results
in a child being left unattended in a school bus,
new text endor a violation of section 169A.20, or a
similar statute or ordinance from another state, the court shall determine whether the
offender is a school bus driver as defined in section 171.3215, subdivision 1, whether the
offender possesses a school bus driver's endorsement on the offender's driver's license and
in what school districts the offender drives a school bus. If the offender is a school bus
driver or possesses a school bus driver's endorsement, the court administrator shall send
a certified copy of the conviction to the Department of Public Safety and to the school
districts in which the offender drives a school bus within ten days after the conviction.