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SF 3535

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 2nd Engrossment

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A bill for an act
relating to pupil transportation; creating an Office of Pupil Transportation Safety;
prescribing staffing and duties; requiring report; appropriating money; amending
Minnesota Statutes 2006, section 169.435.

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

Section 1.

Minnesota Statutes 2006, section 169.435, is amended to read:


169.435 deleted text begin STATE SCHOOL BUS SAFETY ADMINISTRATIONdeleted text end new text begin OFFICE OF
PUPIL TRANSPORTATION SAFETY
new text end .

Subdivision 1.

Responsibility; Department of Public Safety.

The Department of
Public Safety has the primary responsibility for school transportation safety. The new text begin Office of
Pupil Transportation Safety is created as a section under the Division of State Patrol. The
new text end commissioner deleted text begin or the commissioner's designeedeleted text end shall deleted text begin serve as statedeleted text end new text begin designate a new text end director of
pupil transportation deleted text begin according to subdivision 3deleted text end .

Subd. 3.

Pupil transportation safety director.

deleted text begin (a) The commissioner of public
safety or the commissioner's designee shall serve as pupil transportation safety director.
deleted text end

deleted text begin (b)deleted text end The duties of the pupil transportation safety director deleted text begin shalldeleted text end include:

(1) overseeing all department activities related to school bus safety;

(2) assisting in the development, interpretation, and implementation of laws
and policies relating to school bus safetynew text begin , in consultation with a stakeholder group
consisting of, but not limited to, representatives of the school boards association, school
superintendents, private bus contractors, directors of transportation, school bus employees
or their exclusive bargaining representatives, and parent organizations
new text end ;

(3) supervising preparation of the School Bus Inspection Manual; deleted text begin and
deleted text end

(4) in conjunction with the Department of Education new text begin and the stakeholder group
described in clause (2)
new text end , assisting school districts in developing and implementing
comprehensive transportation policiesdeleted text begin .deleted text end new text begin and establishing best practices for private
contracts;
new text end

new text begin (5) developing and maintaining a consistent record-keeping system to document
school bus inspections, out-of-service school transportation vehicles, driver turnover
rate, and driver files; and
new text end

new text begin (6) conducting periodic audits of selected school districts to determine compliance
with federal law and state statute concerning: (i) school bus driver requirements and
driver employee background and license checks, including controlled substance and
alcohol testing requirements; and (ii) duty to report violations to the commissioner of
public safety. Audit results must be documented and retained by the Office of Pupil
Transportation Safety, and any statutory violations documented in the audit must be
reported to the commissioners of public safety and education.
new text end

new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin In addition to the pupil transportation safety director, who must be a
state trooper, the Office of Pupil Transportation Safety must be staffed by a minimum of:
new text end

new text begin (1) three state troopers, each of whom must be assigned to the metropolitan area,
northern Minnesota, or southern Minnesota; and
new text end

new text begin (2) 15 school bus vehicle inspectors, one of whom must be designated chief
inspector. The school bus vehicle inspectors shall perform annual and spot inspections
of school buses and Head Start buses as required by law.
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

Sec. 2. new text begin REPORT ON OFFICE OF PUPIL TRANSPORTATION SAFETY.
new text end

new text begin By January 15, 2009, the commissioner of public safety and the director of pupil
transportation safety must report to the chairs and ranking minority members of the
senate and house of representatives committees with jurisdiction over transportation
and education policy and finance concerning the Office of Pupil Transportation Safety,
including adequacy of funding, staffing levels, available technology to carry out the
requirements of Minnesota Statutes, section 169.435, and any recommended legislation to
improve the ability of the pupil transportation safety director to perform statutory duties.
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

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $575,000 is appropriated from the trunk highway fund to the commissioner of public
safety in fiscal year 2009 to implement and operate the Office of Pupil Transportation
Safety. This appropriation may not be used to fund additional trooper positions beyond the
authorization in Laws 2008, chapter 152, article 1, section 4.
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