SF 3383

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to school transportation; amending the reporting requirements for school
transportation services contracts; modifying the taxation of school buses of
contract carriers that do not comply with the requirements; amending Minnesota
Statutes 2004, sections 123B.88, subdivision 3; 168.013, subdivision 18.

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

Section 1.

Minnesota Statutes 2004, section 123B.88, subdivision 3, is amended to read:

Subd. 3.

Transportation services contracts.

new text begin (a) new text end The board may contract for the
furnishing of authorized transportation under section 123B.52, and may purchase gasoline
and furnish same to a contract carrier for use in the performance of a contract with the
school district for transportation of school children to and from school.

new text begin (b) A contract carrier must disclose:
new text end

new text begin (1) the length of continuous employment of its current employees by job
classification without identifying employees by name and, at the contractor's option, any
relevant prior experience of those employees;
new text end

new text begin (2) if the school transportation services are to be performed by new employees, the
minimum requirements the contractor will impose on job applicants;
new text end

new text begin (3) the contractor's current annual rate of employee turnover;
new text end

new text begin (4) the number of hours, if any, planned for each employee relating to duties to
be performed by the employee in providing services under the transportation services
contract;
new text end

new text begin (5) any complaints issued by a federal, state, or local enforcement agency relating to
alleged violations of relevant laws or rules, including those relating to employee safety
and health and labor relations, along with any court decisions, administrative findings,
or penalties for violations of those laws and rules, listing the date, the court or agency,
and the law or rule found to be violated;
new text end

new text begin (6) any collective bargaining agreements or personnel policies covering the
employees to perform services under the transportation services contract; and
new text end

new text begin (7) any political contribution made by the responder or managerial employee of the
responder, during the four years immediately preceding the due date of the response, to an
elected official of the state, a candidate for elected state office, and, if the soliciting agency
is a local unit of government, an elected official or candidate for elected office of that unit.
new text end

new text begin If the contractor is a subsidiary of a parent entity, the disclosures made in response to
clauses (5), (6), and (7) must cover the parent entity as well as the contractor itself.
new text end

new text begin (c) The minimum wage rate for employees of a contractor providing transportation
services for a school district is the average wage rate for the classification of district
employees whose duties are most similar, plus the value of health and other benefits
provided to the district employees in that classification.
new text end

new text begin (d) The term of a transportation services contract, including any extensions resulting
from amendments or change orders, may not exceed two years. No amendment or change
order is valid if it has the purpose or effect of avoiding any requirement of this section.
new text end

new text begin (e) A transportation services contract must impose affirmative action standards on
the contractor and any subcontractors that are at least as stringent as those applying to
the school district. No transportation services contract may cause the school district to
fail to meet its affirmative action standards or cause the displacement of school district
employees. For purposes of this paragraph, "displacement" means a layoff, demotion,
involuntary transfer to a new classification or title, involuntary transfer or reassignment to
a new location requiring a change in residence, or reduction in hours of work, wages, or
benefits.
new text end

new text begin (f) A transportation services contractor may not use public money paid to it under
a contract to:
new text end

new text begin (1) support or oppose the organization of its employees by an exclusive
representative;
new text end

new text begin (2) assist a subcontractor to support or oppose the organization of its employees;
new text end

new text begin (3) facilitate or deter the ability of an exclusive representative of its employees to
carry out the exclusive representative's responsibilities; or
new text end

new text begin (4) assist a subcontractor to facilitate or deter the lawful activities of an exclusive
representative of its employees.
new text end

new text begin (g) A transportation services contractor must allow the school district to buy or lease
its assets, including buses, facilities, or real property, used to provide services under
the contract if the contractor cancels or terminates the contract by failing to meet the
standards under this subdivision.
new text end

new text begin (h) A contract carrier who complies with the requirements of this subdivision is
subject to the motor vehicle registration tax in section 168.013, subdivision 18. A contract
carrier who fails to comply with the requirements of this subdivision shall be subject to
the motor vehicle registration tax in section 168.013, subdivision 1f.
new text end

Sec. 2.

Minnesota Statutes 2004, section 168.013, subdivision 18, is amended to read:

Subd. 18.

School buses.

Notwithstanding the provisions of subdivision 1, school
buses used exclusively for the transportation of students under contract with a school
district, or used in connection with transportation for nonprofit educational institutions,
shall be taxed during each year of the vehicle life of such bus the amount of $25. new text begin
A contract carrier who does not comply with the requirements in section 123B.88,
subdivision 3, shall not be taxed under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2006.
new text end