SF 3184

1st Engrossment - 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; 171.06, subdivision 2; and 171.321; Minnesota 
  1.8             Statutes 1999 Supplement, section 123B.91, subdivision 
  1.9             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.91, subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
  1.20  must shall develop and implement a comprehensive, written policy 
  1.21  governing pupil transportation safety, including transportation 
  1.22  of nonpublic school students, when applicable.  The 
  1.23  policy shall, at minimum, must contain: 
  1.24     (1) provisions for appropriate student bus safety training 
  1.25  under section 123B.90; 
  1.26     (2) rules governing student conduct on school buses and in 
  1.27  school bus loading and unloading areas; 
  2.1      (3) a statement of parent or guardian responsibilities 
  2.2   relating to school bus safety; 
  2.3      (4) provisions for notifying students and parents or 
  2.4   guardians of their responsibilities and the rules, including the 
  2.5   district's seat belt policy, if applicable; 
  2.6      (5) an intradistrict system for reporting school bus 
  2.7   accidents or misconduct and a system for dealing with local law 
  2.8   enforcement officials in cases of criminal conduct on a school 
  2.9   bus; 
  2.10     (6) a discipline policy to address violations of school bus 
  2.11  safety rules, including procedures for revoking a student's bus 
  2.12  riding privileges in cases of serious or repeated misconduct; 
  2.13     (7) a system for integrating school bus misconduct records 
  2.14  with other discipline records; 
  2.15     (8) a statement of bus driver duties; 
  2.16     (9) planned expenditures for safety activities under 
  2.17  section 123B.89 and, where applicable, provisions governing bus 
  2.18  monitor qualifications, training, and duties; 
  2.19     (10) rules governing the use and maintenance of type III 
  2.20  vehicles, drivers of type III vehicles, qualifications to drive 
  2.21  a type III vehicle, qualifications for a type III vehicle, and 
  2.22  the circumstances under which a student may be transported in a 
  2.23  type III vehicle; 
  2.24     (11) operating rules and procedures; 
  2.25     (12) provisions for annual bus driver in-service training 
  2.26  and evaluation; 
  2.27     (13) emergency procedures; 
  2.28     (14) a system for maintaining and inspecting equipment; 
  2.29     (15) requirements of the school district, if any, that 
  2.30  exceed state law minimum requirements for school bus operations; 
  2.31  and 
  2.32     (16) requirements for basic first aid training, which must 
  2.33  include the Heimlich maneuver and procedures for dealing with 
  2.34  obstructed airways, shock, bleeding, and seizures. 
  2.35     (b) Districts are encouraged to use the model policy 
  2.36  developed by the Minnesota school boards association, the 
  3.1   department of public safety, and the department of children, 
  3.2   families, and learning, as well as the current edition of the 
  3.3   "National Standards for School Buses and Operations" published 
  3.4   by the National Safety Council, in developing safety policies.  
  3.5   Each district shall review its policy annually and make 
  3.6   appropriate amendments, which must be submitted to the school 
  3.7   bus safety advisory committee within one month of approval by 
  3.8   the school board to ensure that it conforms to law. 
  3.9      Sec. 3.  Minnesota Statutes 1998, section 169.448, 
  3.10  subdivision 3, is amended to read: 
  3.11     Subd. 3.  [HEAD START VEHICLE.] Notwithstanding subdivision 
  3.12  1, a vehicle used to transport passengers students under Public 
  3.13  Law Number 99-425, the Head Start Act, may be equipped as a 
  3.14  school bus or Head Start bus.  
  3.15     Sec. 4.  Minnesota Statutes 1998, section 171.06, 
  3.16  subdivision 2, is amended to read: 
  3.17     Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
  3.18  identification card are as follows: 
  3.19  Classified Driver's License  D-$18.50 C-$22.50 B-$29.50 A-$37.50
  3.20  Classified Under-21 D.L.     D-$18.50 C-$22.50 B-$29.50 A-$17.50
  3.21  Instruction Permit                                        $ 9.50
  3.22  Provisional License                                       $ 9.50
  3.23  Duplicate License or
  3.24   duplicate identification card                            $ 8.00
  3.25  Minnesota identification card or Under-21 Minnesota
  3.26   identification card, other than duplicate,
  3.27   except as otherwise provided in section 171.07,
  3.28   subdivisions 3 and 3a                                    $12.50
  3.29     (b) Notwithstanding paragraph (a), a person who holds a 
  3.30  provisional license and has a driving record free of (1) 
  3.31  convictions for a violation of section 169.121, 169.1218, 
  3.32  169.122, or 169.123, (2) convictions for crash-related moving 
  3.33  violations, and (3) convictions for moving violations that are 
  3.34  not crash related, shall have a $3.50 credit toward the fee for 
  3.35  any classified under-21 driver's license.  "Moving violation" 
  3.36  has the meaning given it in section 171.04, subdivision 1. 
  4.1      (c) In addition to the driver's license fee required under 
  4.2   paragraph (a), the registrar shall collect an additional $4 
  4.3   processing fee from each applicant receiving or renewing a 
  4.4   license with a school bus endorsement to cover the costs for 
  4.5   processing an applicant's initial and biennial physical 
  4.6   examination certificate.  The department shall not charge these 
  4.7   applicants any other fee to receive or renew the endorsement. 
  4.8      Sec. 5.  Minnesota Statutes 1998, section 171.321, is 
  4.9   amended to read: 
  4.10     171.321 [QUALIFICATIONS OF SCHOOL BUS DRIVER.] 
  4.11     Subdivision 1.  [SCHOOL BUS ENDORSEMENT.] (a) No person 
  4.12  shall drive a school bus when transporting school children to or 
  4.13  from school or upon a school-related trip or activity without 
  4.14  having a valid class A, class B, or class C, or class D driver's 
  4.15  license with a school bus endorsement except that a person 
  4.16  possessing a valid driver's license but not a school bus 
  4.17  endorsement may drive a vehicle with a seating capacity of ten 
  4.18  or less fewer persons used as a school bus but not outwardly 
  4.19  equipped or identified as a school bus. 
  4.20     (b) Notwithstanding section 171.08, a person who otherwise 
  4.21  meets the qualifications for a school bus endorsement or 
  4.22  temporary endorsement under subdivision 3, paragraph (b), may 
  4.23  drive a school bus for up to 30 days without an endorsement so 
  4.24  long as the employer of the person: 
  4.25     (1) has in possession all documentation required for 
  4.26  issuing the endorsement; and 
  4.27     (2) has forwarded proof of possession of the documentation 
  4.28  to the commissioner of public safety. 
  4.29     Subd. 1a.  [RESPONSIBILITY FOR ENDORSEMENT STATUS.] It is 
  4.30  the responsibility of the commissioner of public safety to issue 
  4.31  a school bus endorsement to a qualified applicant.  When the 
  4.32  endorsement has been issued, it is the responsibility of the 
  4.33  individual to whom the endorsement is issued to ensure that the 
  4.34  endorsement is in effect before the individual operates a school 
  4.35  bus.  The employer of a school bus driver shall check the 
  4.36  endorsement status when the school bus driver is hired and at 
  5.1   least twice during each 12-month period thereafter. 
  5.2      Subd. 2.  [RULES.] (a) The commissioner of public safety 
  5.3   shall prescribe rules governing the physical qualifications of 
  5.4   school bus drivers and tests required to obtain a school bus 
  5.5   endorsement.  The rules must provide that an applicant for a 
  5.6   school bus endorsement or renewal is exempt from the physical 
  5.7   qualifications and medical examination required to operate a 
  5.8   school bus upon providing evidence of being medically examined 
  5.9   and certified within the preceding 24 months as physically 
  5.10  qualified to operate a commercial motor vehicle, pursuant to 
  5.11  Code of Federal Regulations, title 49, part 391, subpart E, or 
  5.12  rules of the commissioner of transportation incorporating those 
  5.13  federal regulations.  The commissioner shall accept physical 
  5.14  examinations for school bus drivers conducted by medical 
  5.15  examiners authorized as provided by the Code of Federal 
  5.16  Regulations, title 49, chapter 3, part 391, subpart E. 
  5.17     (b) The commissioner of public safety, in conjunction with 
  5.18  the commissioner of economic security, shall adopt rules 
  5.19  prescribing a training program for Head Start bus drivers.  The 
  5.20  program must provide for initial classroom and behind-the-wheel 
  5.21  training, and annual in-service training.  The program must 
  5.22  provide training in defensive driving, human relations, 
  5.23  emergency and accident procedures, vehicle maintenance, traffic 
  5.24  laws, and use of safety equipment.  The program must provide 
  5.25  that the training will be conducted by the contract operator for 
  5.26  a Head Start agency, the Head Start grantee, a licensed driver 
  5.27  training school, or by another person or entity approved by both 
  5.28  commissioners. 
  5.29     Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
  5.30  or renewing a school bus endorsement, the commissioner shall 
  5.31  conduct a criminal and driver's license records check of the 
  5.32  applicant.  The commissioner may also conduct the check at any 
  5.33  time while a person is so licensed.  The check shall must 
  5.34  consist of a criminal records check of the state criminal 
  5.35  records repository and a check of the driver's license records 
  5.36  system.  If the applicant has resided in Minnesota for less than 
  6.1   five years, the check shall must also include a criminal records 
  6.2   check of information from the state law enforcement agencies in 
  6.3   the states where the person resided during the five years before 
  6.4   moving to Minnesota, and of the national criminal records 
  6.5   repository including the criminal justice data communications 
  6.6   network.  The applicant's failure to cooperate with the 
  6.7   commissioner in conducting the records check is reasonable cause 
  6.8   to deny an application or cancel a school bus endorsement.  The 
  6.9   commissioner may not release the results of the records check to 
  6.10  any person except the applicant or the applicant's designee in 
  6.11  writing. 
  6.12     (b) The commissioner may issue to an otherwise qualified 
  6.13  applicant a temporary school bus endorsement, effective for no 
  6.14  more than 180 days, upon presentation of (1) an affidavit by the 
  6.15  applicant that the applicant has not been convicted of a 
  6.16  disqualifying offense and (2) a criminal history check from each 
  6.17  state of residence for the previous five years.  The criminal 
  6.18  history check may be conducted and prepared by any public or 
  6.19  private source acceptable to the commissioner.  The commissioner 
  6.20  may reissue the temporary endorsement if the National Criminal 
  6.21  Records Repository check is timely submitted but not completed 
  6.22  within the 180-day period. 
  6.23     Subd. 4.  [TRAINING.] (a) No person shall drive a class A, 
  6.24  B, C, or D school bus when transporting school children to or 
  6.25  from school or upon a school-related trip or activity without 
  6.26  having demonstrated sufficient skills and knowledge to transport 
  6.27  students in a safe and legal manner. 
  6.28     (b) A bus driver must have training or experience that 
  6.29  allows the driver to meet at least the following competencies: 
  6.30     (1) safely operate the type of school bus the driver will 
  6.31  be driving; 
  6.32     (2) understand student behavior, including issues relating 
  6.33  to students with disabilities; 
  6.34     (3) encourage orderly conduct of students on the bus and 
  6.35  handle incidents of misconduct appropriately; 
  6.36     (4) know and understand relevant laws, rules of the road, 
  7.1   and local school bus safety policies; 
  7.2      (5) handle emergency situations; and 
  7.3      (6) safely load and unload students. 
  7.4      (c) The commissioner of public safety, in conjunction with 
  7.5   the commissioner of children, families, and learning, shall 
  7.6   develop a comprehensive model school bus driver training program 
  7.7   and model assessments for school bus driver training 
  7.8   competencies, which are not subject to chapter 14.  A school 
  7.9   district may use alternative assessments for bus driver training 
  7.10  competencies with the approval of the commissioner of public 
  7.11  safety.  The employer shall keep the assessment for the current 
  7.12  period available for inspection by representatives of the 
  7.13  commissioner. 
  7.14     Subd. 5.  [ANNUAL EVALUATION.] A school district's pupil 
  7.15  transportation safety director, the chief administrator of a 
  7.16  nonpublic school, or a private contractor shall certify annually 
  7.17  to the commissioner of public safety school board or governing 
  7.18  board of a nonpublic school that, at minimum, each school bus 
  7.19  driver meets the school bus driver training competencies under 
  7.20  subdivision 4 and shall report the number of hours of in-service 
  7.21  training completed by each driver.  A school district, nonpublic 
  7.22  school, or private contractor also shall provide in-service 
  7.23  training annually to each school bus driver.  A district, 
  7.24  nonpublic school, or private contractor also shall check the 
  7.25  license of each person who transports students for the district 
  7.26  with the National Drivers Register or the department of public 
  7.27  safety annually.  The school board must approve and forward the 
  7.28  competency certification and in-service report to the 
  7.29  commissioner of public safety. 
  7.30     Sec. 6.  [EFFECTIVE DATE.] 
  7.31     This act is effective the day following final enactment.