HF 3143

as introduced - 90th Legislature (2017 - 2018) Posted on 02/26/2018 02:51pm

A bill for an act
relating to public safety; expanding background checks for school bus drivers;
amending Minnesota Statutes 2016, sections 171.02, subdivision 2a; 171.321,
subdivision 3; 171.3215, subdivision 1; 609A.03, subdivision 7; Minnesota Statutes
2017 Supplement, sections 171.3215, subdivision 2; 609A.03, subdivision 7a.

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

Section 1.

Minnesota Statutes 2016, section 171.02, subdivision 2a, is amended to read:

Subd. 2a.

Exception for certain school bus drivers.

Notwithstanding subdivision 2,
paragraph (b), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school bus or a multifunction school activity bus 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 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 school bus 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 school bus.

(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 deleted text begin been convicted of deleted text end new text begin committed new text end 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 school bus 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," if child safety restraints are used by the
passengers.

(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 school bus must bear a current certificate of inspection issued under section
169.451.

(o) If the word "School" appears on the front and rear of the bus, the word "School"
must be covered by a sign that reads "Activities" when the bus is being operated under
authority of this subdivision.

(p) The type A-I school bus or multifunction school activity bus is designed to transport
15 or fewer passengers, including the driver.

(q) The school bus or multifunction school activity bus has a gross vehicle weight rating
of 14,500 pounds or less.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2016, section 171.321, subdivision 3, is amended to read:

Subd. 3.

Records check of applicant.

(a) Before issuing or renewing a school bus
endorsement, the commissioner shall conduct a criminal history and driver's license records
check of the applicant. The commissioner may also conduct the check at any time while a
person is so licensed. The check must consist of a criminal history check of the state criminal
records repository and a check of the driver's license records system. If the applicant has
resided in Minnesota for less than five years, the check must also include a national criminal
history check. The commissioner shall accept the national criminal history check request
and the fingerprints of the applicant and is authorized to exchange fingerprints with the
Federal Bureau of Investigation and request the Federal Bureau of Investigation to conduct
a criminal history check. The applicant's failure to cooperate with the commissioner in
conducting the records check is reasonable cause to deny an application or cancel a school
bus endorsement. The commissioner may not release the results of the records check to any
person except the applicant or the applicant's designee in writing.

(b) The commissioner may issue to an otherwise qualified applicant a temporary school
bus endorsement, effective for no more than 180 days, upon presentation of (1) an affidavit
by the applicant that the applicant has not deleted text begin been convicted of deleted text end new text begin committed new text end a disqualifying
offense and (2) a criminal history check from each state of residence for the previous five
years. The criminal history check may be conducted and prepared by any public or private
source acceptable to the commissioner. The commissioner may reissue the temporary
endorsement if the national criminal records repository check is timely submitted but not
completed within the 180-day period.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2016, 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 new text begin :
new text end

(1) new text begin regardless of whether accepted and recorded by the court, a plea, verdict, or finding
of guilty for violating section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3, or 609.3453; or
new text end

new text begin (2) a conviction of: (i) new text end any felony offense deleted text begin , (2) deleted text end new text begin ; (ii) new text end any misdemeanor, gross misdemeanor,
or felony violation of chapter 152 deleted text begin , (3) deleted text end new text begin ; (iii) new text end any violation under section 609.3451, 609.746,
subdivision 1, 617.23, 617.246, 617.247, or 617.293 deleted text begin , deleted text end new text begin ; new text end or deleted text begin (4) deleted text end new text begin (iv) new text end 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 state.

(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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended
to read:

Subd. 2.

Cancellation for disqualifying and other offenses.

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 deleted text begin has been convicted of deleted text end new text begin committed new text end 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 or 171.177, 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, section 171.177, 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. 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2016, section 609A.03, subdivision 7, is amended to read:

Subd. 7.

Limitations of order effective before January 1, 2015.

(a) Upon issuance of
an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105, shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;

(2) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order; deleted text begin and
deleted text end

(3) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the court order for expungement is directed specifically
to the commissioner of human services new text begin ; and
new text end

new text begin (4) an expunged record may be opened for purposes of a background check under section
171.3215 new text end .

Upon request by law enforcement, prosecution, or corrections authorities, an agency or
jurisdiction subject to an expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.

(c) This subdivision applies to expungement orders subject to its limitations and effective
before January 1, 2015.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2017 Supplement, section 609A.03, subdivision 7a, is amended
to read:

Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board or the
licensing division of the Department of Education;

new text begin (6) an expunged record may be opened for purposes of a background check under section
171.3215; new text end and

deleted text begin (6) deleted text end new text begin (7) new text end the court may order an expunged record opened upon request by the victim of
the underlying offense if the court determines that the record is substantially related to a
matter for which the victim is before the court.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services, the Professional
Educator Licensing and Standards Board, or the licensing division of the Department of
Education of the existence of a sealed record and of the right to obtain access under paragraph
(b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement
order shall provide access to the record to the commissioner of human services, the
Professional Educator Licensing and Standards Board, or the licensing division of the
Department of Education under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.

new text begin EFFECTIVE DATE. new text end

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