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Minnesota Legislature

Office of the Revisor of Statutes

SF 33

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

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

Bill Text Versions

Engrossments
Introduction Posted on 01/08/2009

Current Version - as introduced

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A bill for an act
relating to pupil transportation; modifying qualifications for type III school bus
drivers; amending Minnesota Statutes 2008, section 171.02, subdivision 2b.

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

Section 1.

Minnesota Statutes 2008, section 171.02, subdivision 2b, is amended to read:


Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision
2, deleted text beginparagraph (c),deleted text end the holder of a class new text beginA, B, C, or new text endD driver's license, without a school bus
endorsement, may operate a type III vehicle described in section 169.011, subdivision 71,
clause (5), under the conditions in paragraphs (b) through deleted text begin(n)deleted text endnew text begin (o)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; deleted text beginand
deleted text end

(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; and

(iv) placing the type III vehicle in "park" during loading and unloadingnew text begin; and
new text end

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

(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 A or 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 deleted text beginhas adopted and implemented a policy that provides for
mandatory
deleted text end new text beginrequires preemployment new text enddrug and alcohol testing of applicants for operator
positions deleted text beginanddeleted text endnew text begin.new text end Current operatorsdeleted text begin, in accordancedeleted text endnew text begin must comply new text end withnew text begin the employer's policy
under
new text end section 181.951, subdivisions 2, 4, and 5.

(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, 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
new text begin violating new text endor deleted text beginhas theirdeleted text end new text beginwhose new text enddriver's license new text beginis new text endrevoked 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.

(l) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.

(m) 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.

(n) The type III vehicle must bear a current certificate of inspection issued under
section 169.451.

(o) deleted text beginAn operator employed by a school or school district, whose normal duties do not
include operating a type III vehicle, who holds a class D driver's license without a school
bus endorsement, may operate a type III vehicle and is exempt from paragraphs (d), (e),
(f), (g), and (k)
deleted text endnew text begin 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)
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