HF 3145

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; modifying school bus 
  1.3             transportation, driver's license endorsement, and 
  1.4             school bus driver training provisions; clarifying 
  1.5             statutory language; amending Minnesota Statutes 1998, 
  1.6             sections 123B.90, subdivision 1; 169.448, subdivision 
  1.7             3; 171.02, subdivision 2; 171.06, subdivision 2; and 
  1.8             171.321; Minnesota Statutes 1999 Supplement, sections 
  1.9             123B.90, subdivision 2; and 123B.91, subdivision 1.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 123B.90, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [SCHOOL BUS SAFETY WEEK.] The third week of 
  1.14  school is designated as school bus safety week. 
  1.15     A school board may designate one day of school bus safety 
  1.16  week as school bus driver day. 
  1.17     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.18  123B.90, subdivision 2, is amended to read: 
  1.19     Subd. 2.  [STUDENT TRAINING.] (a) Each district must or 
  1.20  nonpublic school that transports pupils by school bus at public 
  1.21  expense shall provide public school pupils enrolled in grades 
  1.22  kindergarten through grade 10 with age-appropriate school bus 
  1.23  safety training.  The training must be results-oriented and 
  1.24  shall consist of both classroom instruction and practical 
  1.25  training using a school bus.  Upon completing the training, a 
  1.26  student shall be able to demonstrate knowledge and understanding 
  1.27  of at least, including the following competencies and concepts: 
  2.1      (1) transportation by school bus is a privilege and not a 
  2.2   right; 
  2.3      (2) district policies for student conduct and school bus 
  2.4   safety; 
  2.5      (3) appropriate conduct while on the school bus, consistent 
  2.6   with school policies; 
  2.7      (4) the danger zones surrounding a school bus; 
  2.8      (5) procedures for safely boarding and leaving a school 
  2.9   bus; 
  2.10     (6) procedures for safe street or road crossing; 
  2.11     (7) school bus evacuation and other emergency procedures; 
  2.12  and 
  2.13     (8) appropriate training on the use of lap belts or lap and 
  2.14  shoulder belts, if the district uses buses equipped with lap 
  2.15  belts or lap and shoulder belts. 
  2.16     (b) Each nonpublic school located within the district must 
  2.17  provide all nonpublic school pupils enrolled in grades 
  2.18  kindergarten through 10 who are transported by school bus at 
  2.19  public expense and attend school within the district's 
  2.20  boundaries with training as required in paragraph (a).  The 
  2.21  school district shall make a bus available to the nonpublic 
  2.22  school for the practical training if the district transports the 
  2.23  nonpublic students.  Each nonpublic school shall provide the 
  2.24  instruction. 
  2.25     (c) All students enrolled in grades kindergarten through 3 
  2.26  who are transported by school bus and are enrolled during the 
  2.27  first or second week of school must demonstrate achievement of 
  2.28  the school bus safety training competencies by the end of the 
  2.29  third week of school.  All students enrolled in grades 4 through 
  2.30  10 who are transported by school bus and are enrolled during the 
  2.31  first or second week of school must demonstrate achievement of 
  2.32  the competencies by the end of the sixth week of school.  
  2.33  Students enrolled in grades kindergarten through 10 who enroll 
  2.34  in a school after the second week of school and are transported 
  2.35  by school bus shall undergo school bus safety training and 
  2.36  demonstrate achievement of the school bus safety competencies 
  3.1   within four weeks of the first day of attendance.  The pupil 
  3.2   transportation safety director in each district must certify to 
  3.3   the commissioner annually that all students transported by 
  3.4   school bus within the district have satisfactorily demonstrated 
  3.5   knowledge and understanding of the school bus safety 
  3.6   competencies according to this section or provide an explanation 
  3.7   for a student's failure to demonstrate the competencies.  The 
  3.8   principal or other chief administrator of each public and 
  3.9   nonpublic school must shall certify annually to the public 
  3.10  transportation safety director of the district in which the 
  3.11  school is located school board or the governing board of the 
  3.12  nonpublic school that all of the school's students transported 
  3.13  by school bus at public expense have received training.  A 
  3.14  district may deny transportation to a student who fails to 
  3.15  demonstrate the competencies has not been present to receive the 
  3.16  required training, unless the student is unable to achieve the 
  3.17  competencies do so due to a disability, or to a student who 
  3.18  attends a nonpublic school that fails to provide training as 
  3.19  required by this subdivision. 
  3.20     (d) A district and a nonpublic school with students 
  3.21  transported by school bus at public expense must shall provide, 
  3.22  to the extent possible, provide kindergarten pupils with bus 
  3.23  safety training before the first day of school. 
  3.24     (e) A district and a nonpublic school with students 
  3.25  transported by school bus at public expense must shall also 
  3.26  provide student safety education for bicycling and pedestrian 
  3.27  safety, for students enrolled in grades kindergarten through 5. 
  3.28     (f) A district and a nonpublic school with students 
  3.29  transported by school bus at public expense must shall make 
  3.30  reasonable accommodations for the school bus, bicycle, and 
  3.31  pedestrian safety training of pupils known to speak English as a 
  3.32  second language and pupils with disabilities. 
  3.33     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.34  123B.91, subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
  3.36  must shall develop and implement a comprehensive, written policy 
  4.1   governing pupil transportation safety, including transportation 
  4.2   of nonpublic school students, when applicable.  The 
  4.3   policy shall, at minimum, must contain: 
  4.4      (1) provisions for appropriate student bus safety training 
  4.5   under section 123B.90; 
  4.6      (2) rules governing student conduct on school buses and in 
  4.7   school bus loading and unloading areas; 
  4.8      (3) a statement of parent or guardian responsibilities 
  4.9   relating to school bus safety; 
  4.10     (4) provisions for notifying students and parents or 
  4.11  guardians of their responsibilities and the rules, including the 
  4.12  district's seat belt policy, if applicable; 
  4.13     (5) an intradistrict system for reporting school bus 
  4.14  accidents or misconduct and a system for dealing with local law 
  4.15  enforcement officials in cases of criminal conduct on a school 
  4.16  bus; 
  4.17     (6) a discipline policy to address violations of school bus 
  4.18  safety rules, including procedures for revoking a student's bus 
  4.19  riding privileges in cases of serious or repeated misconduct; 
  4.20     (7) a system for integrating school bus misconduct records 
  4.21  with other discipline records; 
  4.22     (8) a statement of bus driver duties; 
  4.23     (9) planned expenditures for safety activities under 
  4.24  section 123B.89 and, where applicable, provisions governing bus 
  4.25  monitor qualifications, training, and duties; 
  4.26     (10) rules governing the use and maintenance of type III 
  4.27  vehicles, drivers of type III vehicles, qualifications to drive 
  4.28  a type III vehicle, qualifications for a type III vehicle, and 
  4.29  the circumstances under which a student may be transported in a 
  4.30  type III vehicle; 
  4.31     (11) operating rules and procedures; 
  4.32     (12) provisions for annual bus driver in-service training 
  4.33  and evaluation; 
  4.34     (13) emergency procedures; 
  4.35     (14) a system for maintaining and inspecting equipment; 
  4.36     (15) requirements of the school district, if any, that 
  5.1   exceed state law minimum requirements for school bus operations; 
  5.2   and 
  5.3      (16) requirements for basic first aid training, which must 
  5.4   include the Heimlich maneuver and procedures for dealing with 
  5.5   obstructed airways, shock, bleeding, and seizures. 
  5.6      (b) Districts are encouraged to use the model policy 
  5.7   developed by the Minnesota school boards association, the 
  5.8   department of public safety, and the department of children, 
  5.9   families, and learning, as well as the current edition of the 
  5.10  "National Standards for School Buses and Operations" published 
  5.11  by the National Safety Council, in developing safety policies.  
  5.12  Each district shall review its policy annually and make 
  5.13  appropriate amendments, which must be submitted to the school 
  5.14  bus safety advisory committee within one month of approval by 
  5.15  the school board to ensure that it conforms to law. 
  5.16     Sec. 4.  Minnesota Statutes 1998, section 169.448, 
  5.17  subdivision 3, is amended to read: 
  5.18     Subd. 3.  [HEAD START VEHICLE.] Notwithstanding subdivision 
  5.19  1, a vehicle used to transport passengers students under Public 
  5.20  Law Number 99-425, the Head Start Act, may be equipped as a 
  5.21  school bus or Head Start bus.  
  5.22     Sec. 5.  Minnesota Statutes 1998, section 171.02, 
  5.23  subdivision 2, is amended to read: 
  5.24     Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
  5.25  EXEMPTIONS.] Drivers' licenses shall be classified according to 
  5.26  the types of vehicles which may be driven by the holder of each 
  5.27  type or class of license.  The commissioner may, as appropriate, 
  5.28  subdivide the classes listed in this subdivision and issue 
  5.29  licenses classified accordingly.  No class of license shall be 
  5.30  valid to operate a motorcycle, school bus, tank vehicle, 
  5.31  double-trailer or triple-trailer combination, vehicle 
  5.32  transporting hazardous materials, or bus, unless so endorsed. 
  5.33     There shall be four general classes of licenses as follows: 
  5.34     (a) Class D; valid for: 
  5.35     (1) operating all farm trucks if operated by (i) the owner, 
  5.36  (ii) an immediate family member of the owner, (iii) an employee 
  6.1   of the owner not primarily employed to operate the farm truck, 
  6.2   within 150 miles of the farm, or (iv) an employee of the owner 
  6.3   employed during harvest to operate the farm truck for the first, 
  6.4   continuous transportation of agricultural products from the 
  6.5   production site or on-farm storage site to any other location 
  6.6   within 50 miles of that site; 
  6.7      (2) operating fire trucks and emergency fire equipment, 
  6.8   whether or not in excess of 26,000 pounds gross vehicle 
  6.9   weight, if operated by a firefighter while on duty, or a tiller 
  6.10  operator employed by a fire department who drives the rear 
  6.11  portion of a midmount aerial ladder truck; 
  6.12     (3) operating recreational equipment as defined in section 
  6.13  168.011, subdivision 25, that is operated for personal use; and 
  6.14     (4) operating all single unit vehicles, except vehicles 
  6.15  with a gross vehicle weight of more than 26,000 pounds, vehicles 
  6.16  designed to carry more than 15 passengers including the driver, 
  6.17  and vehicles that carry hazardous materials; and 
  6.18     (5) with a school bus endorsement, operating school buses 
  6.19  designed to transport 15 or fewer passengers, including the 
  6.20  driver.  Before issuing a school bus endorsement, the 
  6.21  commissioner shall conduct a background check under section 
  6.22  171.321, subdivision 3, and drug and alcohol testing under Code 
  6.23  of Federal Regulations, title 49, parts 40 and 382. 
  6.24  The holder of a class D license may also tow vehicles if the 
  6.25  combination of vehicles has a gross vehicle weight of 26,000 
  6.26  pounds or less. 
  6.27     (b) Class C; valid for:  
  6.28     (1) operating class D vehicles; and 
  6.29     (2) with a hazardous materials endorsement, transporting 
  6.30  hazardous materials in class D vehicles; and 
  6.31     (3) with a school bus endorsement, operating school buses 
  6.32  designed to transport 15 or fewer passengers, including the 
  6.33  driver. 
  6.34     (c) Class B; valid for operating all class C and class D 
  6.35  vehicles in class C, class D, and all other single unit vehicles 
  6.36  including, with a passenger endorsement, buses.  The holder of a 
  7.1   class B license may tow only vehicles with a gross vehicle 
  7.2   weight of 10,000 pounds or less. 
  7.3      (d) Class A; valid for operating any vehicle or combination 
  7.4   thereof. 
  7.5      Sec. 6.  Minnesota Statutes 1998, section 171.06, 
  7.6   subdivision 2, is amended to read: 
  7.7      Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
  7.8   identification card are as follows: 
  7.9   Classified Driver's License  D-$18.50 C-$22.50 B-$29.50 A-$37.50
  7.10  Classified Under-21 D.L.     D-$18.50 C-$22.50 B-$29.50 A-$17.50
  7.11  Instruction Permit                                        $ 9.50
  7.12  Provisional License                                       $ 9.50
  7.13  Duplicate License or
  7.14   duplicate identification card                            $ 8.00
  7.15  Minnesota identification card or Under-21 Minnesota
  7.16   identification card, other than duplicate,
  7.17   except as otherwise provided in section 171.07,
  7.18   subdivisions 3 and 3a                                    $12.50
  7.19     (b) Notwithstanding paragraph (a), a person who holds a 
  7.20  provisional license and has a driving record free of (1) 
  7.21  convictions for a violation of section 169.121, 169.1218, 
  7.22  169.122, or 169.123, (2) convictions for crash-related moving 
  7.23  violations, and (3) convictions for moving violations that are 
  7.24  not crash related, shall have a $3.50 credit toward the fee for 
  7.25  any classified under-21 driver's license.  "Moving violation" 
  7.26  has the meaning given it in section 171.04, subdivision 1. 
  7.27     (c) In addition to the driver's license fee required under 
  7.28  paragraph (a), the registrar shall collect an additional $4 
  7.29  processing fee from each applicant receiving or renewing a 
  7.30  license with a school bus endorsement to cover the costs for 
  7.31  processing an applicant's initial and biennial physical 
  7.32  examination certificate.  The department shall not charge these 
  7.33  applicants any other fee to receive or renew the endorsement. 
  7.34     Sec. 7.  Minnesota Statutes 1998, section 171.321, is 
  7.35  amended to read: 
  7.36     171.321 [QUALIFICATIONS OF SCHOOL BUS DRIVER.] 
  8.1      Subdivision 1.  [SCHOOL BUS ENDORSEMENT.] (a) No person 
  8.2   shall drive a school bus when transporting school children to or 
  8.3   from school or upon a school-related trip or activity without 
  8.4   having a valid class A, class B, or class C, or class D driver's 
  8.5   license with a school bus endorsement except that a person 
  8.6   possessing a valid driver's license but not a school bus 
  8.7   endorsement may drive a vehicle with a seating capacity of ten 
  8.8   or less fewer persons used as a school bus but not outwardly 
  8.9   equipped or identified as a school bus. 
  8.10     (b) Notwithstanding section 171.08, a person who otherwise 
  8.11  meets the qualifications for a school bus endorsement or 
  8.12  temporary endorsement under subdivision 3, paragraph (b), may 
  8.13  drive a school bus for up to 180 days without an endorsement so 
  8.14  long as the employer of the person: 
  8.15     (1) has in possession all documentation required for 
  8.16  issuing the endorsement; and 
  8.17     (2) has forwarded proof of possession of the documentation 
  8.18  to the commissioner of public safety. 
  8.19     Subd. 1a.  [RESPONSIBILITY FOR ENDORSEMENT STATUS.] It is 
  8.20  the responsibility of the commissioner of public safety to issue 
  8.21  a school bus endorsement to a qualified applicant.  When the 
  8.22  endorsement has been issued, it is the responsibility of the 
  8.23  individual to whom the endorsement is issued to ensure that the 
  8.24  endorsement is in effect before the individual operates a school 
  8.25  bus.  The employer of a school bus driver shall check the 
  8.26  endorsement status when the school bus driver is hired and at 
  8.27  least twice during each 12-month period thereafter. 
  8.28     Subd. 2.  [RULES.] (a) The commissioner of public safety 
  8.29  shall prescribe rules governing the physical qualifications of 
  8.30  school bus drivers and tests required to obtain a school bus 
  8.31  endorsement.  The rules must provide that an applicant for a 
  8.32  school bus endorsement or renewal is exempt from the physical 
  8.33  qualifications and medical examination required to operate a 
  8.34  school bus upon providing evidence of being medically examined 
  8.35  and certified within the preceding 24 months as physically 
  8.36  qualified to operate a commercial motor vehicle, pursuant to 
  9.1   Code of Federal Regulations, title 49, part 391, subpart E, or 
  9.2   rules of the commissioner of transportation incorporating those 
  9.3   federal regulations.  
  9.4      (b) The commissioner of public safety, in conjunction with 
  9.5   the commissioner of economic security, shall adopt rules 
  9.6   prescribing a training program for Head Start bus drivers.  The 
  9.7   program must provide for initial classroom and behind-the-wheel 
  9.8   training, and annual in-service training.  The program must 
  9.9   provide training in defensive driving, human relations, 
  9.10  emergency and accident procedures, vehicle maintenance, traffic 
  9.11  laws, and use of safety equipment.  The program must provide 
  9.12  that the training will be conducted by the contract operator for 
  9.13  a Head Start agency, the Head Start grantee, a licensed driver 
  9.14  training school, or by another person or entity approved by both 
  9.15  commissioners. 
  9.16     Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
  9.17  or renewing a school bus endorsement, the commissioner shall 
  9.18  conduct a criminal and driver's license records check of the 
  9.19  applicant.  The commissioner may also conduct the check at any 
  9.20  time while a person is so licensed.  The check shall must 
  9.21  consist of a criminal records check of the state criminal 
  9.22  records repository and a check of the driver's license records 
  9.23  system.  If the applicant has resided in Minnesota for less than 
  9.24  five years, the check shall must also include a criminal records 
  9.25  check of information from the state law enforcement agencies in 
  9.26  the states where the person resided during the five years before 
  9.27  moving to Minnesota, and of the national criminal records 
  9.28  repository including the criminal justice data communications 
  9.29  network.  The applicant's failure to cooperate with the 
  9.30  commissioner in conducting the records check is reasonable cause 
  9.31  to deny an application or cancel a school bus endorsement.  The 
  9.32  commissioner may not release the results of the records check to 
  9.33  any person except the applicant or the applicant's designee in 
  9.34  writing. 
  9.35     (b) The commissioner may issue to an otherwise qualified 
  9.36  applicant a temporary school bus endorsement, effective for no 
 10.1   more than 180 days, upon presentation of (1) an affidavit by the 
 10.2   applicant that the applicant has not been convicted of a 
 10.3   disqualifying offense and (2) a criminal history check from each 
 10.4   state of residence for the previous five years.  The criminal 
 10.5   history check may be conducted and prepared by any public or 
 10.6   private source acceptable to the commissioner.  The commissioner 
 10.7   may reissue the temporary endorsement if the National Criminal 
 10.8   Records Repository check is timely submitted but not completed 
 10.9   within the 180-day period. 
 10.10     Subd. 4.  [TRAINING.] (a) No person shall drive a class A, 
 10.11  B, C, or D school bus when transporting school children to or 
 10.12  from school or upon a school-related trip or activity without 
 10.13  having demonstrated sufficient skills and knowledge to transport 
 10.14  students in a safe and legal manner. 
 10.15     (b) A bus driver must have training or experience that 
 10.16  allows the driver to meet at least the following competencies: 
 10.17     (1) safely operate the type of school bus the driver will 
 10.18  be driving; 
 10.19     (2) understand student behavior, including issues relating 
 10.20  to students with disabilities; 
 10.21     (3) encourage orderly conduct of students on the bus and 
 10.22  handle incidents of misconduct appropriately; 
 10.23     (4) know and understand relevant laws, rules of the road, 
 10.24  and local school bus safety policies; 
 10.25     (5) handle emergency situations; and 
 10.26     (6) safely load and unload students. 
 10.27     (c) The commissioner of public safety, in conjunction with 
 10.28  the commissioner of children, families, and learning, shall 
 10.29  develop a comprehensive model school bus driver training program 
 10.30  and model assessments for school bus driver training 
 10.31  competencies, which are not subject to chapter 14.  A school 
 10.32  district may use alternative assessments for bus driver training 
 10.33  competencies with the approval of the commissioner of public 
 10.34  safety.  The employer shall keep the assessment for the current 
 10.35  period available for inspection by representatives of the 
 10.36  commissioner. 
 11.1      Subd. 5.  [ANNUAL EVALUATION.] A school district's pupil 
 11.2   transportation safety director, the chief administrator of a 
 11.3   nonpublic school, or a private contractor shall certify annually 
 11.4   to the commissioner of public safety school board or governing 
 11.5   board of a nonpublic school that, at minimum, each school bus 
 11.6   driver meets the school bus driver training competencies under 
 11.7   subdivision 4 and shall report the number of hours of in-service 
 11.8   training completed by each driver.  A school district, nonpublic 
 11.9   school, or private contractor also shall provide in-service 
 11.10  training annually to each school bus driver.  A district, 
 11.11  nonpublic school, or private contractor also shall check the 
 11.12  license of each person who transports students for the district 
 11.13  with the National Drivers Register or the department of public 
 11.14  safety annually.  The school board must approve and forward the 
 11.15  competency certification and in-service report to the 
 11.16  commissioner of public safety. 
 11.17     Sec. 8.  [EFFECTIVE DATE.] 
 11.18     This act is effective the day following final enactment.