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Minnesota Legislature

Office of the Revisor of Statutes

SF 3078

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

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3.1

A bill for an act
relating to student transportation; establishing contract requirements for private
student transportation services; allowing bus drivers to be paid for actual time
worked and the right to refuse operation; amending Minnesota Statutes 2006,
section 123B.88, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 123B.

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

Section 1.

Minnesota Statutes 2006, section 123B.88, subdivision 3, is amended to read:


Subd. 3.

Transportation services contractsnew text begin; requirementsnew text end.

new text begin(a) new text endThe 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) An initiated transportation service contract shall include by contract language,
addendum, or supplementary information terms addressing:
new text end

new text begin (1) a summary of school bus driver training requirements, including the minimum
number of preservice training hours and the minimum number of inservice training hours;
new text end

new text begin (2) a driver recruitment and retention plan, including:
new text end

new text begin (i) an explanation of the actions the contractor has taken or will take to recruit
qualified drivers for the transportation services contract;
new text end

new text begin (ii) an explanation of the process for screening applicants to be certain that they
meet the school bus driver requirements of federal law, state law, and of the transportation
service contract, including federal and state controlled substance and alcohol testing
requirements;
new text end

new text begin (iii) an explanation of the training that drivers receive prior to assignment to
transportation service; and
new text end

new text begin (iv) an explanation of the actions of the employer to retain qualified drivers to meet
requirements of the transportation services contract, including an explanation of wage
rates and employee benefits and policies on compensated absences such as paid vacations,
holidays, and sick leave;
new text end

new text begin (3) the reporting to the local school district of all school bus accidents;
new text end

new text begin (4) the reporting to the local school district of all school bus driver reported traffic
convictions, based upon the requirement of commercial drivers to report traffic convictions
to their employer under Federal Motor Carrier Safety Administration, rule 383.31;
new text end

new text begin (5) the reporting within one week to the local school district the results of any
Minnesota Highway Patrol inspection of school buses being regularly utilized for the
transportation under the transportation contract;
new text end

new text begin (6) the school bus driver employee turnover ratio as defined as the number of school
bus drivers during the most recent school year, divided by the daily average number of
school bus drivers during the same regular school year within bus garage location or
other reasonable basis. The turnover rate may exclude those drivers whose employment
is terminated or who are otherwise removed from service at the direction of the local
school district; and
new text end

new text begin (7) the date of hire of the employer's current employees identified by their job
classification, which may include any relevant prior experience. Summer and other regular
school breaks should not be considered interruptions to employment.
new text end

new text begin (c) Notwithstanding section 123B.52, a school district may award a transportation
contract in the interest of student safety and cost effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

new text begin [123B.915] SCHOOL BUS DRIVERS.
new text end

new text begin Subdivision 1. new text end

new text begin Driver pay. new text end

new text begin School bus driver employees must be paid for the
actual time worked. If a route pay system or hourly estimation is used, school bus driver
employees must be scheduled and paid for actual time for required inspection of buses.
new text end

new text begin Subd. 2. new text end

new text begin Right to refuse. new text end

new text begin School bus drivers who document needed bus repairs
shall have the right to refuse to operate the bus immediately for a safety-related repair,
which meets the out-of-service definition of Minnesota Rules, part 7470.0600. In this
situation, the driver shall be provided an alternate bus, if available, and time to inspect it.
The driver shall not be penalized in any way for fees, fines, or consequences incurred by
the employer for delays or failure to provide the transportation service in a timely manner
in this situation. Nothing in this section may diminish the rights, pay, or benefits of drivers
covered by a collective bargaining agreement with an exclusive representative.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end