SF 601

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying provisions relating 
  1.3             to school bus safety; providing penalties; 
  1.4             appropriating money; amending Minnesota Statutes 1994, 
  1.5             sections 123.7991, subdivisions 2 and 3; 123.805, 
  1.6             subdivisions 1 and 2; 124.225, subdivisions 7f and 8m; 
  1.7             124.226, by adding a subdivision; 169.01, subdivision 
  1.8             6; 169.21, subdivision 2; 169.444, subdivision 2; 
  1.9             169.447, subdivision 6; 169.4503, by adding a 
  1.10            subdivision; 169.451, by adding a subdivision; 
  1.11            169.452; 169.454, subdivision 5, and by adding a 
  1.12            subdivision; 171.01, subdivision 21; 171.18, 
  1.13            subdivision 1; 171.321, subdivisions 4, 5, and by 
  1.14            adding a subdivision; 171.3215, subdivisions 1, 2, and 
  1.15            3; and 631.40, subdivision 1a; proposing coding for 
  1.16            new law in Minnesota Statutes, chapter 169. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1994, section 123.7991, 
  1.19  subdivision 2, is amended to read: 
  1.20     Subd. 2.  [STUDENT TRAINING.] (a) Each school district 
  1.21  shall provide public school pupils enrolled in grades 
  1.22  kindergarten through 12 10 with age-appropriate school bus 
  1.23  safety training.  The training shall be results-oriented and 
  1.24  shall consist of both classroom instruction and practical 
  1.25  training using a school bus.  Upon completing Pupils enrolled in 
  1.26  grades kindergarten through 5 shall receive training twice each 
  1.27  school year.  Pupils enrolled in grades 6 through 10 shall 
  1.28  receive training once each school year.  School bus evacuation 
  1.29  and emergency procedure training shall be provided twice during 
  1.30  the school year to all students transported by school bus.  The 
  1.31  training, a student shall be able to demonstrate knowledge and 
  2.1   understanding of include at least the following competencies and 
  2.2   concepts: 
  2.3      (1) transportation by school bus is a privilege and not a 
  2.4   right; 
  2.5      (2) district policies for student conduct and school bus 
  2.6   safety; 
  2.7      (3) appropriate conduct while on the school bus; 
  2.8      (4) the danger zones surrounding a school bus; 
  2.9      (5) procedures for safely boarding and leaving a school 
  2.10  bus; 
  2.11     (6) procedures for safe vehicle lane street or road 
  2.12  crossing; and 
  2.13     (7) school bus evacuation and other emergency procedures. 
  2.14     (b) Each school district and each nonpublic school located 
  2.15  within the district shall jointly provide all nonpublic school 
  2.16  pupils enrolled in grades kindergarten through 10 who are 
  2.17  transported by school bus at public expense and attend school 
  2.18  within the district's boundaries with training as required in 
  2.19  paragraph (a).  The school district shall provide the practical 
  2.20  training.  Each nonpublic school shall provide the classroom 
  2.21  instruction. 
  2.22     (c) Student school bus safety training shall commence 
  2.23  during school bus safety week.  All students enrolled in grades 
  2.24  kindergarten through 3 who are transported by school bus and are 
  2.25  enrolled during the first or second week of school 
  2.26  must demonstrate achievement of the receive their initial school 
  2.27  bus safety training competencies by the end of the third week of 
  2.28  school.  All students enrolled in grades 4 through 10 who are 
  2.29  transported by school bus and are enrolled during the first or 
  2.30  second week of school must receive their initial school bus 
  2.31  safety training by the end of the sixth week of school.  
  2.32  Students enrolled in grades kindergarten through 10 who enroll 
  2.33  in a school after the first second week of school and are 
  2.34  transported by school bus shall undergo their initial school bus 
  2.35  safety training and demonstrate achievement of the school bus 
  2.36  safety competencies within three four weeks of the first day of 
  3.1   attendance.  The pupil transportation safety director in each 
  3.2   district must certify to the commissioner of education 
  3.3   annually by October 15 that all students transported by school 
  3.4   bus at public expense within the district have satisfactorily 
  3.5   demonstrated knowledge and understanding of the school bus 
  3.6   safety competencies received training according to this 
  3.7   section or provide an explanation for a student's failure to 
  3.8   demonstrate the competencies.  The principal of each nonpublic 
  3.9   school must certify annually to the public transportation safety 
  3.10  director of the district in which the school is located that all 
  3.11  of the school's students transported by school bus at public 
  3.12  expense have received training.  A school district may deny 
  3.13  transportation to a student who fails to demonstrate the 
  3.14  competencies refuses to participate in school bus safety 
  3.15  training, unless the student is unable to achieve the 
  3.16  competencies participate in training due to a disability, or to 
  3.17  a student who attends a nonpublic school that fails to provide 
  3.18  training as required by this subdivision. 
  3.19     (c) (d) A school district and a nonpublic school must, to 
  3.20  the extent possible, provide kindergarten pupils with bus safety 
  3.21  training before the first day of school. 
  3.22     (d) (e) A school district and a nonpublic school must also 
  3.23  provide student safety education for bicycling and pedestrian 
  3.24  safety. 
  3.25     (f) A school district and a nonpublic school must make 
  3.26  reasonable accommodations for the school bus, bicycle, and 
  3.27  pedestrian safety training of pupils known to speak English as a 
  3.28  second language and pupils with disabilities. 
  3.29     Sec. 2.  Minnesota Statutes 1994, section 123.7991, 
  3.30  subdivision 3, is amended to read: 
  3.31     Subd. 3.  [MODEL TRAINING PROGRAM.] The commissioner of 
  3.32  education shall develop a comprehensive model school bus safety 
  3.33  training program for pupils who ride the bus that includes bus 
  3.34  safety curriculum for both classroom and practical instruction, 
  3.35  methods for assessing attainment of school bus safety 
  3.36  competencies, and age-appropriate instructional materials.  The 
  4.1   program must be adaptable for use by students with disabilities. 
  4.2      Sec. 3.  Minnesota Statutes 1994, section 123.805, 
  4.3   subdivision 1, is amended to read: 
  4.4      Subdivision 1.  [COMPREHENSIVE POLICY.] Each school 
  4.5   district shall develop and implement a comprehensive, written 
  4.6   policy governing pupil transportation safety, including 
  4.7   transportation of nonpublic school students, when applicable.  
  4.8   The policy shall, at minimum, contain: 
  4.9      (1) provisions for appropriate student bus safety training 
  4.10  under section 123.7991; 
  4.11     (2) rules governing student conduct on school buses and in 
  4.12  school bus loading and unloading areas; 
  4.13     (3) a statement of parent or guardian responsibilities 
  4.14  relating to school bus safety; 
  4.15     (4) provisions for notifying students and parents or 
  4.16  guardians of their responsibilities and the rules; 
  4.17     (5) an intradistrict system for reporting school bus 
  4.18  accidents or misconduct, a system for dealing with local law 
  4.19  enforcement officials in cases of criminal conduct on a school 
  4.20  bus, and a system for reporting accidents, crimes, incidents of 
  4.21  misconduct, and bus driver dismissals to the department of 
  4.22  public safety under section 169.452; 
  4.23     (6) a discipline policy to address violations of school bus 
  4.24  safety rules, including procedures for revoking a student's bus 
  4.25  riding privileges in cases of serious or repeated misconduct; 
  4.26     (7) a system for integrating school bus misconduct records 
  4.27  with other discipline records; 
  4.28     (8) a statement of bus driver duties; 
  4.29     (9) planned expenditures for safety activities under 
  4.30  section 123.799 and, where applicable, provisions governing bus 
  4.31  monitor qualifications, training, and duties; 
  4.32     (10) rules governing the use and maintenance of type III 
  4.33  vehicles, drivers of type III vehicles, and the circumstances 
  4.34  under which a student may be transported in a type III vehicle; 
  4.35     (11) operating rules and procedures; 
  4.36     (12) provisions for annual bus driver in-service training 
  5.1   and evaluation; 
  5.2      (13) emergency procedures; and 
  5.3      (14) a system for maintaining and inspecting equipment. 
  5.4      School districts are encouraged to use the model policy 
  5.5   developed by the Minnesota school board association, the 
  5.6   department of public safety, and the department of education, as 
  5.7   well as the current edition of the "National Standards for 
  5.8   School Buses and Operations" published by the National Safety 
  5.9   Council, in developing safety policies.  Each district shall 
  5.10  submit a copy of its policy under this subdivision to the school 
  5.11  bus safety advisory committee no later than August 1, 1994, and 
  5.12  review and make appropriate amendments annually by August 
  5.13  1.  Each district shall review its policy annually and make 
  5.14  appropriate amendments, which must be submitted to the school 
  5.15  bus safety advisory committee within one month of approval by 
  5.16  the local school board. 
  5.17     Sec. 4.  Minnesota Statutes 1994, section 123.805, 
  5.18  subdivision 2, is amended to read: 
  5.19     Subd. 2.  [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each 
  5.20  school board shall designate a school transportation safety 
  5.21  director to oversee and implement pupil transportation safety 
  5.22  policies.  The director shall have day-to-day responsibility for 
  5.23  pupil transportation safety within the district, including 
  5.24  transportation of nonpublic school children when provided by the 
  5.25  district. 
  5.26     Sec. 5.  Minnesota Statutes 1994, section 124.225, 
  5.27  subdivision 7f, is amended to read: 
  5.28     Subd. 7f.  [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A 
  5.29  district shall reserve an amount equal to the greater of $1,000 
  5.30  or one three percent of the sum of the district's regular 
  5.31  transportation revenue according to subdivision 7d, paragraph 
  5.32  (a), and nonregular transportation revenue according to 
  5.33  subdivision 7d, paragraph (b), for that school year to provide 
  5.34  student transportation safety programs under section 123.799. 
  5.35     Sec. 6.  Minnesota Statutes 1994, section 124.225, 
  5.36  subdivision 8m, is amended to read: 
  6.1      Subd. 8m.  [TRANSPORTATION SAFETY AID.] A district's 
  6.2   transportation safety aid equals the district's reserved revenue 
  6.3   for transportation safety under subdivision 7f for that school 
  6.4   year.  Failure of a school district to comply with the reporting 
  6.5   requirements of section 123.7991, 123.805, 169.452, 169.4582, or 
  6.6   171.321, subdivision 5, may result in a withholding of that 
  6.7   district's transportation safety aid for that school year. 
  6.8      Sec. 7.  Minnesota Statutes 1994, section 124.226, is 
  6.9   amended by adding a subdivision to read: 
  6.10     Subd. 10.  [BUS MONITORS.] A school district may levy for 
  6.11  the cost of providing paid adult safety monitors on school buses.
  6.12     Sec. 8.  Minnesota Statutes 1994, section 169.01, 
  6.13  subdivision 6, is amended to read: 
  6.14     Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
  6.15  used to transport pupils to or from a school defined in section 
  6.16  120.101, or to or from school-related activities, by the school 
  6.17  or a school district, or by someone under an agreement with the 
  6.18  school or a school district.  A school bus does not include a 
  6.19  motor vehicle transporting children to or from school for which 
  6.20  parents or guardians receive direct compensation from a school 
  6.21  district, a motor coach operating under charter carrier 
  6.22  authority, or a transit bus providing services as defined in 
  6.23  section 174.22, subdivision 7, or a vehicle otherwise qualifying 
  6.24  as a type III vehicle under paragraph (5), when the vehicle is 
  6.25  properly registered and insured and being driven by an employee 
  6.26  or agent of a school district for nonscheduled emergency 
  6.27  transportation.  A school bus may be type A, type B, type C, or 
  6.28  type D, or type III as follows:  
  6.29     (1) A "type A school bus" is a conversion or body 
  6.30  constructed upon a van-type compact truck or a front-section 
  6.31  vehicle, with a gross vehicle weight rating of 10,000 pounds or 
  6.32  less, designed for carrying more than ten persons. 
  6.33     (2) A "type B school bus" is a conversion or body 
  6.34  constructed and installed upon a van or front-section vehicle 
  6.35  chassis, or stripped chassis, with a gross vehicle weight rating 
  6.36  of more than 10,000 pounds, designed for carrying more than ten 
  7.1   persons.  Part of the engine is beneath or behind the windshield 
  7.2   and beside the driver's seat.  The entrance door is behind the 
  7.3   front wheels. 
  7.4      (3) A "type C school bus" is a body installed upon a flat 
  7.5   back cowl chassis with a gross vehicle weight rating of more 
  7.6   than 10,000 pounds, designated for carrying more than ten 
  7.7   persons.  All of the engine is in front of the windshield and 
  7.8   the entrance door is behind the front wheels. 
  7.9      (4) A "type D school bus" is a body installed upon a 
  7.10  chassis, with the engine mounted in the front, midship or rear, 
  7.11  with a gross vehicle weight rating of more than 10,000 pounds, 
  7.12  designed for carrying more than ten persons.  The engine may be 
  7.13  behind the windshield and beside the driver's seat; it may be at 
  7.14  the rear of the bus, behind the rear wheels, or midship between 
  7.15  the front and rear axles.  The entrance door is ahead of the 
  7.16  front wheels. 
  7.17     (5) Type III school buses and type III Head Start buses are 
  7.18  restricted to passenger cars, station wagons, vans, and buses 
  7.19  having a maximum manufacturer's rated seating capacity of ten 
  7.20  people, including the driver, and a gross vehicle weight rating 
  7.21  of 10,000 pounds or less.  In this subdivision, "gross vehicle 
  7.22  weight rating" means the value specified by the manufacturer as 
  7.23  the loaded weight of a single vehicle.  A "type III school bus" 
  7.24  and "type III Head Start bus" must not be outwardly equipped and 
  7.25  identified as a type A, B, C, or D school bus or type A, B, C, 
  7.26  or D Head Start bus. 
  7.27     Sec. 9.  Minnesota Statutes 1994, section 169.21, 
  7.28  subdivision 2, is amended to read: 
  7.29     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where 
  7.30  traffic-control signals are not in place or in operation the 
  7.31  driver of a vehicle shall yield the right-of-way, slowing down 
  7.32  or stopping if need be to so yield, to a pedestrian crossing the 
  7.33  roadway within a crosswalk but no pedestrian shall suddenly 
  7.34  leave a curb or other place of safety and walk or run into the 
  7.35  path of a vehicle which is so close that it is impossible for 
  7.36  the driver to yield.  This provision shall not apply under the 
  8.1   conditions as otherwise provided in this subdivision. 
  8.2      (b) When any vehicle is stopped at a marked crosswalk or at 
  8.3   any unmarked crosswalk at an intersection to permit a pedestrian 
  8.4   to cross the roadway, the driver of any other vehicle 
  8.5   approaching from the rear shall not overtake and pass the 
  8.6   stopped vehicle. 
  8.7      (c) It is unlawful for any person to drive a motor vehicle 
  8.8   through a column of school children crossing a street or highway 
  8.9   or past a member of a school safety patrol or adult crossing 
  8.10  guard, while the member of the school safety patrol or adult 
  8.11  crossing guard is directing the movement of children across a 
  8.12  street or highway and while the school safety patrol member or 
  8.13  adult crossing guard is holding an official signal in the stop 
  8.14  position.  A person who violates this paragraph is guilty of a 
  8.15  misdemeanor.  A person who violates this paragraph a second or 
  8.16  subsequent time within one year of a previous conviction under 
  8.17  this paragraph is guilty of a gross misdemeanor. 
  8.18     Sec. 10.  Minnesota Statutes 1994, section 169.444, 
  8.19  subdivision 2, is amended to read: 
  8.20     Subd. 2.  [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 
  8.21  who fails to stop a vehicle or to keep it stopped, as required 
  8.22  in subdivision 1, is guilty of a misdemeanor punishable by a 
  8.23  fine of not less than $300. 
  8.24     (b) A person is guilty of a gross misdemeanor if the person 
  8.25  fails to stop a motor vehicle or to keep it stopped, as required 
  8.26  in subdivision 1, and commits either or both of the following 
  8.27  acts: 
  8.28     (1) passes or attempts to pass the school bus in a motor 
  8.29  vehicle on the right-hand, passenger-door side of the bus; or 
  8.30     (2) passes or attempts to pass the school bus in a motor 
  8.31  vehicle when a school child is outside of and on the street or 
  8.32  highway used by the school bus or on the adjacent sidewalk. 
  8.33     Sec. 11.  Minnesota Statutes 1994, section 169.447, 
  8.34  subdivision 6, is amended to read: 
  8.35     Subd. 6.  [OVERHEAD BOOK RACKS.] Types A, B, C, and D 
  8.36  school buses manufactured after January 1, 1995, may not be 
  9.1   equipped with padded, permanent overhead book racks that do not 
  9.2   hang over the center aisle of the bus.  
  9.3      Sec. 12.  Minnesota Statutes 1994, section 169.4503, is 
  9.4   amended by adding a subdivision to read: 
  9.5      Subd. 10a.  [EMERGENCY EQUIPMENT; FIRST AID KITS.] A first 
  9.6   aid kit, a CPR mouthpiece, and a body fluids cleanup kit is 
  9.7   required regardless of the age of the vehicle.  They must be 
  9.8   contained in removable, moisture- and dust-proof containers 
  9.9   mounted in an accessible place within the driver's compartment 
  9.10  of the school bus and must be marked to indicate their identity 
  9.11  and location. 
  9.12     Sec. 13.  Minnesota Statutes 1994, section 169.451, is 
  9.13  amended by adding a subdivision to read: 
  9.14     Subd. 5.  [RANDOM SPOT INSPECTIONS.] In addition to the 
  9.15  annual inspection, the Minnesota state patrol has authority to 
  9.16  conduct random, unannounced spot inspections of any school bus 
  9.17  or Head Start bus being operated within the state at the 
  9.18  location where the bus is kept when not in operation to 
  9.19  ascertain whether its construction, design, equipment, and color 
  9.20  comply with all provisions of law, including the Minnesota 
  9.21  school bus equipment standards in sections 169.4501 to 169.4504. 
  9.22     Sec. 14.  [169.4511] [SCHOOL BUS ACCIDENTS; REINSPECTION.] 
  9.23     Subdivision 1.  [POSTCRASH INSPECTION.] A peace officer 
  9.24  responding to an accident involving a school bus or Head Start 
  9.25  bus must immediately notify the state patrol if the accident 
  9.26  results in death, personal injury, or property damage of an 
  9.27  apparent extent of more than $4,400.  No person shall drive or 
  9.28  knowingly permit or cause to be driven any school bus or Head 
  9.29  Start bus after such an accident unless the vehicle: 
  9.30     (1) has been inspected by the Minnesota state patrol and 
  9.31  the state patrol has determined that the vehicle may safely be 
  9.32  operated; or 
  9.33     (2) a waiver has been granted under subdivision 2. 
  9.34     A violation of this section is a misdemeanor. 
  9.35     Subd. 2.  [WAIVER.] A state trooper or designee of the 
  9.36  Minnesota state patrol called to the scene of an accident by a 
 10.1   responding peace officer under subdivision 1 may waive the 
 10.2   inspection requirement of subdivision 1 if the trooper or state 
 10.3   patrol designee determines that a postcrash inspection is not 
 10.4   needed or cannot be accomplished without unreasonable delay.  
 10.5   The trooper or state patrol designee granting a waiver must 
 10.6   provide to the driver of the school bus for which the waiver is 
 10.7   granted a written statement that the inspection has been 
 10.8   waived.  The written statement must include the incident report 
 10.9   number assigned to the accident by the state patrol. 
 10.10     Sec. 15.  Minnesota Statutes 1994, section 169.452, is 
 10.11  amended to read: 
 10.12     169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 
 10.13     The department of public safety shall develop uniform 
 10.14  definitions of a school bus accident, an incident of serious 
 10.15  misconduct, and an incident that results in personal injury or 
 10.16  death.  The department shall determine what type of information 
 10.17  on school bus accidents and incidents, including criminal 
 10.18  conduct, and bus driver dismissals for cause should be collected 
 10.19  and develop a uniform accident and incident reporting form to 
 10.20  collect those data, including data relating to type III 
 10.21  vehicles, statewide.  School districts shall report the 
 10.22  information required by the department.  Data collected with 
 10.23  this reporting form shall be analyzed to help develop accident, 
 10.24  crime, and misconduct prevention programs.  This section is not 
 10.25  subject to chapter 14. 
 10.26     Sec. 16.  Minnesota Statutes 1994, section 169.454, 
 10.27  subdivision 5, is amended to read: 
 10.28     Subd. 5.  [FIRST AID KIT.] A minimum of a ten-unit first 
 10.29  aid kit, a body fluids cleanup kit, and a CPR mouthpiece is 
 10.30  required.  The bus They must have a be contained in removable, 
 10.31  moisture- and dust-proof first aid kit containers mounted in an 
 10.32  accessible place within the driver's compartment and must be 
 10.33  marked to indicate its their identity and location. 
 10.34     Sec. 17.  Minnesota Statutes 1994, section 169.454, is 
 10.35  amended by adding a subdivision to read: 
 10.36     Subd. 13.  [EXEMPTION.] When a vehicle otherwise qualifying 
 11.1   as a type III vehicle under section 169.01, subdivision 6, 
 11.2   paragraph (5), whether owned and operated by a school district 
 11.3   or privately owned and operated, is used to transport school 
 11.4   children in a nonscheduled emergency situation, it shall be 
 11.5   exempt from the vehicle requirements of this section and the 
 11.6   licensing requirements of section 171.321, if the vehicle is 
 11.7   properly registered and insured and operated by an employee or 
 11.8   agent of a school district with a valid driver's license. 
 11.9      Sec. 18.  Minnesota Statutes 1994, section 171.01, 
 11.10  subdivision 21, is amended to read: 
 11.11     Subd. 21.  [SCHOOL BUS.] "School bus" means a motor vehicle 
 11.12  used to transport pupils to or from a school defined in section 
 11.13  120.101, or to or from school-related activities, by the school 
 11.14  or a school district or by someone under an agreement with the 
 11.15  school or a school district.  A school bus does not include a 
 11.16  motor vehicle transporting children to or from school for which 
 11.17  parents or guardians receive direct compensation from a school 
 11.18  district, a motor coach operating under charter carrier 
 11.19  authority, or a transit bus providing services as defined in 
 11.20  section 174.22, subdivision 7, or a vehicle otherwise qualifying 
 11.21  as a type III vehicle under section 169.01, subdivision 6, 
 11.22  paragraph (5), when the vehicle is properly registered and 
 11.23  insured and being driven by an employee or agent of a school 
 11.24  district for nonscheduled emergency transportation. 
 11.25     Sec. 19.  Minnesota Statutes 1994, section 171.18, 
 11.26  subdivision 1, is amended to read: 
 11.27     Subdivision 1.  [OFFENSES.] The commissioner may suspend 
 11.28  the license of a driver without preliminary hearing upon a 
 11.29  showing by department records or other sufficient evidence that 
 11.30  the licensee: 
 11.31     (1) has committed an offense for which mandatory revocation 
 11.32  of license is required upon conviction; 
 11.33     (2) has been convicted by a court for violating a provision 
 11.34  of chapter 169 or an ordinance regulating traffic and department 
 11.35  records show that the violation contributed in causing an 
 11.36  accident resulting in the death or personal injury of another, 
 12.1   or serious property damage; 
 12.2      (3) is an habitually reckless or negligent driver of a 
 12.3   motor vehicle; 
 12.4      (4) is an habitual violator of the traffic laws; 
 12.5      (5) is incompetent to drive a motor vehicle as determined 
 12.6   in a judicial proceeding; 
 12.7      (6) has permitted an unlawful or fraudulent use of the 
 12.8   license; 
 12.9      (7) has committed an offense in another state that, if 
 12.10  committed in this state, would be grounds for suspension; 
 12.11     (8) has committed a violation of section 169.444, 
 12.12  subdivision 2, paragraph (a), within five years of a prior 
 12.13  conviction under that section; 
 12.14     (9) has committed a violation of section 171.22, except 
 12.15  that the commissioner may not suspend a person's driver's 
 12.16  license based solely on the fact that the person possessed a 
 12.17  fictitious or fraudulently altered Minnesota identification 
 12.18  card; 
 12.19     (10) has failed to appear in court as provided in section 
 12.20  169.92, subdivision 4; or 
 12.21     (11) has failed to report a medical condition that, if 
 12.22  reported, would have resulted in cancellation of driving 
 12.23  privileges. 
 12.24     However, an action taken by the commissioner under clause 
 12.25  (2) or (5) must conform to the recommendation of the court when 
 12.26  made in connection with the prosecution of the licensee. 
 12.27     Sec. 20.  Minnesota Statutes 1994, section 171.321, 
 12.28  subdivision 4, is amended to read: 
 12.29     Subd. 4.  [TRAINING.] No person shall drive a class A, B, 
 12.30  C, or D school bus when transporting school children to or from 
 12.31  school or upon a school-related trip or activity without having 
 12.32  demonstrated sufficient skills and knowledge to transport 
 12.33  students in a safe and legal manner.  A bus driver must have 
 12.34  training or experience that allows the driver to meet at least 
 12.35  the following competencies: 
 12.36     (1) safely operate the type of school bus the driver will 
 13.1   be driving; 
 13.2      (2) understand student behavior, including issues relating 
 13.3   to students with disabilities; 
 13.4      (3) ensure orderly conduct of students on the bus and 
 13.5   handle incidents of misconduct appropriately; 
 13.6      (4) know and understand relevant laws, rules of the road, 
 13.7   and local school bus safety policies; 
 13.8      (5) handle emergency situations; 
 13.9      (6) safely load and unload students; and 
 13.10     (7) within the first three months of starting to drive a 
 13.11  class A, B, C, or D school bus, the driver must demonstrate 
 13.12  proficiency or provide proof of certification in first aid and 
 13.13  cardiopulmonary resuscitation procedures. 
 13.14     The commissioner of public safety, in conjunction with the 
 13.15  commissioner of education, shall develop a comprehensive model 
 13.16  school bus driver training program and model assessments for 
 13.17  school bus driver training competencies, which are not subject 
 13.18  to chapter 14.  A school district may use alternative 
 13.19  assessments for bus driver training competencies with the 
 13.20  approval of the commissioner of public safety. 
 13.21     The commissioner of public safety shall by rule develop a 
 13.22  certification program for trainers of school bus drivers. 
 13.23     Sec. 21.  Minnesota Statutes 1994, section 171.321, 
 13.24  subdivision 5, is amended to read: 
 13.25     Subd. 5.  [ANNUAL EVALUATION.] A school district, nonpublic 
 13.26  school, or private contractor shall evaluate each school bus 
 13.27  driver annually to assure that, at minimum, each driver 
 13.28  continues to meet school bus driver training competencies under 
 13.29  subdivision 4 and can either demonstrate proficiency or provide 
 13.30  proof of certification in first aid and cardiopulmonary 
 13.31  resuscitation procedures.  A school district, nonpublic school, 
 13.32  or private contractor also shall provide at least eight hours of 
 13.33  in-service training annually to each school bus driver.  As part 
 13.34  of the annual evaluation, a district, nonpublic school, or 
 13.35  private contractor shall check the license of each person who 
 13.36  transports students for the district with the National Drivers 
 14.1   Register or the department of public safety.  A school district, 
 14.2   nonpublic school, or private contractor shall certify annually 
 14.3   to the commissioner of public safety that each driver has 
 14.4   received eight hours of in-service training and has met the 
 14.5   training competencies and can demonstrate proficiency or provide 
 14.6   proof of certification in first aid and cardiopulmonary 
 14.7   resuscitation procedures. 
 14.8      A school district, nonpublic school, or private contractor 
 14.9   shall certify annually to the commissioner of public safety that 
 14.10  each type III school bus driver has passed the written portion 
 14.11  of the school bus driver's test or a test administered by the 
 14.12  school district containing the rules and regulations pertaining 
 14.13  to the operation of type III vehicles, and has a currently valid 
 14.14  driver's license.  In addition, they must certify to the 
 14.15  commissioner that a criminal background check has been conducted 
 14.16  on the driver that reveals no convictions for a felony, a 
 14.17  criminal violation of chapter 152, or a violation under section 
 14.18  609.3451, 609.746, subdivision 1, or 617.23, or that the driver 
 14.19  has made a sworn statement verifying that the driver has no 
 14.20  prior convictions for these offenses. 
 14.21     Sec. 22.  Minnesota Statutes 1994, section 171.321, is 
 14.22  amended by adding a subdivision to read: 
 14.23     Subd. 4a.  [TRAINING OF TYPE III DRIVERS.] No person shall 
 14.24  drive a type III school bus when transporting school children to 
 14.25  or from school or upon a school-related trip or activity without 
 14.26  having demonstrated sufficient skills and knowledge to transport 
 14.27  students in a safe and legal manner, and the driver must provide 
 14.28  proof of the following: 
 14.29     (1) knowledge and understanding of all relevant laws, rules 
 14.30  of the road, and local school bus safety policies as 
 14.31  demonstrated by successful completion of the written portion of 
 14.32  the school bus driver's test or a test administered by the 
 14.33  school district that contains rules and regulations pertaining 
 14.34  to the operation of type III vehicles; 
 14.35     (2) a currently valid driver's license; 
 14.36     (3) an up-to-date driving record; and 
 15.1      (4) a sworn statement that the driver has no prior 
 15.2   conviction for a felony offense, a criminal violation of chapter 
 15.3   152, a violation under section 609.3451, 609.746, subdivision 1, 
 15.4   or 617.23, or a criminal background check that reveals no 
 15.5   convictions for these offenses. 
 15.6      Sec. 23.  Minnesota Statutes 1994, section 171.3215, 
 15.7   subdivision 1, is amended to read: 
 15.8      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 15.9   the following terms have the meanings given them. 
 15.10     (b) "School bus driver" means a person possessing a school 
 15.11  bus driver's endorsement on a valid Minnesota driver's license 
 15.12  or a person possessing a valid Minnesota driver's license who 
 15.13  drives a vehicle with a seating capacity of ten or less persons 
 15.14  used as a school bus. 
 15.15     (c) "Disqualifying offense" includes any felony offense, 
 15.16  any misdemeanor, gross misdemeanor, or felony violation of 
 15.17  chapter 152, or any violation under section 609.3451, 609.746, 
 15.18  subdivision 1, or 617.23, or a fourth moving violation within a 
 15.19  three-year period. 
 15.20     (d) "Head Start bus driver" means a person possessing a 
 15.21  valid Minnesota driver's license: 
 15.22     (1) with a passenger endorsement, who drives a Head Start 
 15.23  bus; 
 15.24     (2) with a school bus driver's endorsement, who drives a 
 15.25  Head Start bus; or 
 15.26     (3) who drives a vehicle with a seating capacity of ten or 
 15.27  fewer persons used as a Head Start bus. 
 15.28     Sec. 24.  Minnesota Statutes 1994, section 171.3215, 
 15.29  subdivision 2, is amended to read: 
 15.30     Subd. 2.  [CANCELLATION FOR DISQUALIFYING OFFENSE.] Within 
 15.31  ten days of receiving notice under section 631.40, subdivision 
 15.32  1a, or otherwise receiving notice for a nonresident driver, that 
 15.33  a school bus driver has been convicted of a disqualifying 
 15.34  offense, the commissioner shall permanently cancel the school 
 15.35  bus driver's endorsement on the offender's driver's license and 
 15.36  in the case of a nonresident, the driver's privilege to operate 
 16.1   a school bus in Minnesota.  Within ten days of receiving notice 
 16.2   under section 631.40, subdivision 1a, or otherwise receiving 
 16.3   notice for a nonresident driver, that a school bus driver has 
 16.4   been convicted of a fourth moving violation within a three-year 
 16.5   period, a gross misdemeanor, or a violation of section 
 16.6   169.121 or, 169.129, or a similar statute or ordinance from 
 16.7   another state, and within ten days of revoking a school bus 
 16.8   driver's license under section 169.123, the commissioner shall 
 16.9   cancel the school bus driver's endorsement on the offender's 
 16.10  driver's license or the nonresident's privilege to operate a 
 16.11  school bus in Minnesota for five years.  After five years, a 
 16.12  school bus driver may apply to the commissioner for 
 16.13  reinstatement.  Even after five years, cancellation of a school 
 16.14  bus driver's endorsement or a nonresident's privilege to operate 
 16.15  a school bus in Minnesota for a conviction violation under 
 16.16  section 169.121, 169.123, or 169.129, or a similar statute or 
 16.17  ordinance from another state, shall remain in effect until the 
 16.18  driver provides proof of successful completion of an alcohol or 
 16.19  controlled substance treatment program, if treatment was 
 16.20  required as part of a chemical use assessment.  Upon canceling 
 16.21  the offender's school bus driver's endorsement, the commissioner 
 16.22  shall immediately notify the licensed offender of the 
 16.23  cancellation in writing, by depositing in the United States post 
 16.24  office a notice addressed to the licensed offender at the 
 16.25  licensed offender's last known address, with postage prepaid 
 16.26  thereon. 
 16.27     Sec. 25.  Minnesota Statutes 1994, section 171.3215, 
 16.28  subdivision 3, is amended to read: 
 16.29     Subd. 3.  [BACKGROUND CHECK.] Before issuing or renewing a 
 16.30  driver's license with a school bus driver's endorsement, the 
 16.31  commissioner shall conduct an investigation to determine if the 
 16.32  applicant has been convicted of committing a disqualifying 
 16.33  offense, a fourth moving violation within a three-year period, a 
 16.34  violation of section 169.121 or, 169.129, or a similar statute 
 16.35  or ordinance from another state, a gross misdemeanor, or if the 
 16.36  applicant's driver's license has been revoked under section 
 17.1   169.123.  The commissioner shall not issue a new bus driver's 
 17.2   endorsement and shall not renew an existing bus driver's 
 17.3   endorsement if the applicant has been convicted of committing a 
 17.4   disqualifying offense.  The commissioner shall not issue a new 
 17.5   bus driver's endorsement and shall not renew an existing bus 
 17.6   driver's endorsement if, within the previous five years, the 
 17.7   applicant has been convicted of committing a violation of 
 17.8   section 169.121 or, 169.129, or a similar statute or ordinance 
 17.9   from another state, a gross misdemeanor, a fourth moving 
 17.10  violation within a three-year period, or if the applicant's 
 17.11  driver's license has been revoked under section 169.123.  An 
 17.12  applicant who has been convicted of violating section 
 17.13  169.121 or, 169.129, or a similar statute or ordinance from 
 17.14  another state, or who has had a license revocation under section 
 17.15  169.123 within the previous ten years must show proof of 
 17.16  successful completion of an alcohol or controlled substance 
 17.17  treatment program, if such was required as part of a chemical 
 17.18  use assessment, in order to receive a bus driver's endorsement.  
 17.19  A school district or contractor that employs a nonresident 
 17.20  school bus driver must conduct a background check of the 
 17.21  employee's driving record and criminal history in both Minnesota 
 17.22  and the driver's state of residence.  Convictions for 
 17.23  disqualifying offenses, gross misdemeanors, a fourth moving 
 17.24  violation within a three-year period, or violations of section 
 17.25  169.121, 169.129, or a similar statute or ordinance in another 
 17.26  state, must be reported to the department of public safety. 
 17.27     Sec. 26.  Minnesota Statutes 1994, section 631.40, 
 17.28  subdivision 1a, is amended to read: 
 17.29     Subd. 1a.  [CERTIFIED COPY OF DISQUALIFYING OFFENSE 
 17.30  CONVICTIONS SENT TO PUBLIC SAFETY AND SCHOOL DISTRICTS.] When a 
 17.31  person is convicted of committing a disqualifying offense, as 
 17.32  defined in section 171.3215, subdivision 1, a gross misdemeanor, 
 17.33  a fourth moving violation within a three-year period, or a 
 17.34  violation of section 169.121 or 169.129, the court shall 
 17.35  determine whether the offender is a school bus driver as defined 
 17.36  in section 171.3215, subdivision 1, whether the offender 
 18.1   possesses a school bus driver's endorsement on the offender's 
 18.2   driver's license and in what school districts the offender 
 18.3   drives a school bus.  If the offender is a school bus driver or 
 18.4   possesses a school bus driver's endorsement, the court 
 18.5   administrator shall send a certified copy of the conviction to 
 18.6   the department of public safety and to the school districts in 
 18.7   which the offender drives a school bus within ten days after the 
 18.8   conviction. 
 18.9      Sec 27.  [APPROPRIATION.] 
 18.10     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 18.11  indicated in this section are appropriated from the general fund 
 18.12  to the department of education for the fiscal year designated. 
 18.13     Subd. 2.  [STUDENT TRANSPORTATION SAFETY.] For student 
 18.14  transportation safety aid according to Minnesota Statutes, 
 18.15  section 124.225, subdivision 8m: 
 18.16       $.,...,...     .....     1996 
 18.17       $.,...,...     .....     1997 
 18.18     Subd. 3.  [STUDENT SAFETY VIDEOTAPES.] For developing a 
 18.19  series of bus safety videotapes for student education: 
 18.20       $15,000        .....     1996 
 18.21       $15,000        .....     1997 
 18.22     The department shall develop at least three videotapes, one 
 18.23  each for grades kindergarten through 3, 4 through 6, and 7 
 18.24  through 12.  The department may sell the videotapes for $50 each 
 18.25  but must allow school districts to make copies after purchasing 
 18.26  one copy of a videotape.  Any net proceeds shall be used to 
 18.27  update the series.