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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 603-H.F.No. 2762 
                  An act relating to traffic regulations; regulating use 
                  and operation of Head Start buses; amending Minnesota 
                  Statutes 1992, sections 169.01, subdivision 6, and by 
                  adding a subdivision; 169.28, subdivision 1; 169.441, 
                  subdivision 4, and by adding a subdivision; 169.442, 
                  subdivision 5; 169.443, subdivisions 5 and 6; 169.447; 
                  169.448, subdivisions 1 and 3; 169.451; 169.64, 
                  subdivision 8; 169.781, subdivision 1; 169.87, 
                  subdivision 3; 171.01, by adding a subdivision; 
                  171.3215; 221.011, subdivision 21; and 631.40, by 
                  adding a subdivision; Minnesota Statutes 1993 
                  Supplement, sections 171.321, subdivision 2; 221.025; 
                  and 221.031, subdivision 3b. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 169.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SCHOOL BUS.] "School bus" means a motor vehicle 
        used to transport pupils to or from a school defined in section 
        120.101, or to or from school-related activities, by the school 
        or a school district, or by someone under an agreement with the 
        school or a school district.  A school bus does not include a 
        motor vehicle transporting children to or from school for which 
        parents or guardians receive direct compensation from a school 
        district, a motor coach operating under charter carrier 
        authority, or a transit bus providing services as defined in 
        section 174.22, subdivision 7.  A school bus may be type I A, 
        type B, type C, or type D, type II, or type III as follows:  
           (a) A "type I school bus" means a school bus of more than 
        10,000 pounds gross vehicle weight rating, designed for carrying 
        more than ten persons. 
           (b) A "type II school bus" is a bus with a gross vehicle 
        weight rating of 10,000 pounds or less, designed for carrying 
        more than ten persons.  It must be outwardly equipped and 
        identified as a school bus. 
           (1) a "type A school bus" is a conversion or body 
        constructed upon a van-type compact truck or a front-section 
        vehicle, with a gross vehicle weight rating of 10,000 pounds or 
        less, designed for carrying more than ten persons; 
           (2) a "type B school bus" is a conversion or body 
        constructed and installed upon a van or front-section vehicle 
        chassis, or stripped chassis, with a gross vehicle weight rating 
        of more than 10,000 pounds, designed for carrying more than ten 
        persons.  Part of the engine is beneath or behind the windshield 
        and beside the driver's seat.  The entrance door is behind the 
        front wheels; 
           (3) a "type C school bus" is a body installed upon a flat 
        back cowl chassis with a gross vehicle weight rating of more 
        than 10,000 pounds, designated for carrying more than ten 
        persons.  All of the engine is in front of the windshield and 
        the entrance door is behind the front wheels; 
           (4) a "type D school bus" is a body installed upon a 
        chassis, with the engine mounted in the front, midship or rear, 
        with a gross vehicle weight rating of more than 10,000 pounds, 
        designed for carrying more than ten persons.  The engine may be 
        behind the windshield and beside the driver's seat; it may be at 
        the rear of the bus, behind the rear wheels, or midship between 
        the front and rear axles.  The entrance door is ahead of the 
        front wheels; and 
           (c) (5) type III school buses and type III Head Start buses 
        are restricted to passenger cars, station wagons, vans, and 
        buses having a maximum manufacturer's rated seating capacity of 
        ten people, including the driver, and a gross vehicle weight 
        rating of 10,000 pounds or less.  In this subdivision, "gross 
        vehicle weight rating" means the value specified by the 
        manufacturer as the loaded weight of a single vehicle.  A "type 
        III school bus" and "type III Head Start bus" must not be 
        outwardly equipped and identified as a type A, B, C, or D school 
        bus or type A, B, C, or D Head Start bus. 
           Sec. 2.  Minnesota Statutes 1992, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 80.  [HEAD START BUS.] "Head Start bus" means a motor 
        vehicle used to transport children and parents to or from a Head 
        Start facility, or to or from Head Start-related activities, by 
        the Head Start grantee, or by someone under an agreement with 
        the Head Start grantee.  A Head Start bus does not include a 
        motor vehicle transporting children or parents to or from a Head 
        Start facility for which parents or guardians receive direct 
        compensation from a Head Start grantee, a motor coach operating 
        under charter carrier authority, or a transit bus providing 
        services as defined in section 174.22, subdivision 7.  A Head 
        Start bus may be a type A, B, C, or D bus or type III bus, as 
        described in subdivision 6. 
           A Head Start bus manufactured after December 31, 1994, must 
        meet the same standards as a type A, B, C, or D school bus, 
        except that a Head Start bus is not required to be equipped with 
        the warning signals required for a school bus under section 
        169.442, subdivision 1.  A Head Start bus must be painted colors 
        other than national school bus yellow. 
           Sec. 3.  Minnesota Statutes 1992, section 169.28, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STOP REQUIRED.] The driver of any motor 
        vehicle carrying passengers for hire, or of any school bus 
        whether carrying passengers or not, or of any Head Start bus 
        whether carrying passengers or not, or of any vehicle carrying 
        explosive substances or flammable liquids, or liquid gas under 
        pressure as a cargo or part of a cargo, before crossing at grade 
        any track or tracks of a railroad, shall stop the vehicle not 
        less than ten feet from the nearest rail of the railroad and 
        while so stopped shall listen and look in both directions along 
        the track for any approaching train, and for signals indicating 
        the approach of a train, except as hereinafter provided, and 
        shall not proceed until safe to do so. 
           A school bus or Head Start bus shall not be flagged across 
        railroad grade crossings except at those railroad grade 
        crossings that the local school administrative officer may 
        designate.  
           Sec. 4.  Minnesota Statutes 1992, section 169.441, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [HEAD START BUSES; COLOR; IDENTIFICATION.] (a) A 
        Head Start bus is exempt from the color requirements of this 
        chapter. 
           (b) A type A, B, C, or D Head Start bus must bear on its 
        front and rear a plainly visible sign containing the words "Head 
        Start bus" in letters at least eight inches in height. 
           Sec. 5.  Minnesota Statutes 1992, section 169.441, 
        subdivision 4, is amended to read: 
           Subd. 4.  ["MN" DESIGNATION IN BUS BODY SERIAL NUMBER.] 
        School bus bodies manufactured after December 31, 1991, and Head 
        Start bus bodies manufactured after December 31, 1994, and used 
        on streets and highways in Minnesota must bear the designation 
        "MN" within the bus body identification number.  The "MN" 
        designation may be made only by the manufacturer and must not be 
        located on either end of the bus body identification number.  
        The manufacturer of the school bus body certifies by the "MN" 
        designation that the bus body has been manufactured to meet the 
        minimum standards required of school bus bodies and Head Start 
        bus bodies by law.  A school bus body manufactured before 
        January 1, 1992, that does not bear a current inspection sticker 
        on July 1, 1992, may not be used on streets and highways in 
        Minnesota after July 1, 1992, unless its manufacturer 
        recertifies that the school bus body meets minimum standards 
        required of school bus bodies by law. 
           Sec. 6.  Minnesota Statutes 1992, section 169.442, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WHITE STROBE LAMPS ON SCHOOL BUSES.] 
        Notwithstanding sections 169.55, subdivision 1; 169.57, 
        subdivision 3, paragraph (b), or other law to the contrary, a 
        school bus that is subject to and complies with the color and 
        equipment requirements of subdivision 1 and section 169.441, 
        subdivision 1, or a Head Start bus that is not a type III bus 
        defined in section 169.01, subdivision 6, may be equipped with a 
        360-degree, flashing strobe lamp that emits a white light with a 
        flash rate of 60 to 120 flashes a minute.  The lamp may be used 
        only as provided in this subdivision.  
           The strobe lamp must be of a double flash type certified to 
        the commissioner of public safety by the manufacturer as being 
        weatherproof and having a minimum effective light output of 200 
        candelas as measured by the Blondel-Rey formula.  The lamp must 
        be permanently mounted on the longitudinal center line of the 
        bus roof not less than two feet nor more than seven feet forward 
        of the rear roof edge.  It must operate from a separate switch 
        containing an indicator lamp to show when the strobe lamp is in 
        use.  
           The strobe lamp may be lighted only when atmospheric 
        conditions or terrain restrict the visibility of school bus 
        lamps and signals or Head Start bus lamps and signals so as to 
        require use of the bright strobe lamp to alert motorists to the 
        presence of the school bus or Head Start bus.  A strobe lamp may 
        not be lighted unless the school bus or Head Start bus is 
        actually being used as a school bus or Head Start bus. 
           Sec. 7.  Minnesota Statutes 1992, section 169.443, 
        subdivision 5, is amended to read: 
           Subd. 5.  [MOVING BUS AFTER CHILDREN UNLOADED.] When 
        children are getting off a school bus or Head Start bus, the 
        driver shall visually determine that they are a safe distance 
        from the bus before moving the bus. 
           Sec. 8.  Minnesota Statutes 1992, section 169.443, 
        subdivision 6, is amended to read: 
           Subd. 6.  [OTHER BUSES.] The driver of a type III school 
        bus or type III Head Start bus shall load or unload school 
        children or Head Start passengers only from the right-hand side 
        of the vehicle, provided that on a one-way street the driver 
        shall load or unload school children or Head Start passengers 
        only from the curb side of the vehicle.  When loading or 
        unloading school children or Head Start passengers, the driver 
        shall activate the vehicle's four-way hazard lights described in 
        section 169.59, subdivision 4. 
           Sec. 9.  Minnesota Statutes 1992, section 169.447, is 
        amended to read: 
           169.447 [SCHOOL BUS AND HEAD START BUS SAFETY.] 
           Subdivision 1.  [PASSENGER SEATING.] (a) The number of 
        pupils or other authorized passengers transported in a school 
        bus or Head Start bus must not be more than the number of pupils 
        or passengers that can be fully seated.  Seating capacity must 
        be adjusted according to each passenger's individual physical 
        size, but not more than the manufacturers' rated seating 
        capacity. 
           (b) No person shall stand in the school bus or Head Start 
        bus when the bus is in motion.  
           Subd. 2.  [DRIVER SEAT BELTS.] New school buses and Head 
        Start buses manufactured after December 31, 1994, must be 
        equipped with driver seat belts and seat belt assemblies of the 
        type described in section 169.685, subdivision 3.  School bus 
        drivers and Head Start bus drivers must use these seat belts. 
           Subd. 3.  [RECAPPED TIRES.] Recapped tires must not be used 
        on the front wheels of a school bus. 
           Subd. 4.  [AISLE AND EXIT.] The driver of a school bus or 
        Head Start bus shall keep the aisle and emergency exit of a 
        school bus or Head Start bus unobstructed at all times when 
        children are being transported.  
           Subd. 5.  [TRAILER BEHIND SCHOOL BUS.] A school bus may 
        pull a trailer, as defined by section 169.01, subdivision 10, 
        only when traveling to or from cocurricular or extracurricular 
        activities, as defined in section 123.38. 
           Subd. 6.  [OVERHEAD BOOK RACKS.] Types I A, B, C, and II D 
        school buses may be equipped with padded, permanent overhead 
        book racks that do not hang over the center aisle of the bus.  
           Sec. 10.  Minnesota Statutes 1992, section 169.448, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RESTRICTIONS ON APPEARANCE; PENALTY.] A 
        bus that is not used as a school bus may not be operated on a 
        street or highway unless it is painted a color significantly 
        different than national school bus glossy yellow or Minnesota 
        school bus golden orange.  
           A bus that is not used as a school bus or Head Start bus 
        may not be operated if it is equipped with school bus or Head 
        Start bus-related equipment and printing. 
           A violation of this subdivision is a misdemeanor.  
           This subdivision does not apply to a school bus owned by or 
        under contract to a school district operated as a charter or 
        leased bus.  
           Sec. 11.  Minnesota Statutes 1992, section 169.448, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HEAD START VEHICLES.] Notwithstanding 
        subdivision 1, a vehicle used to transport students passengers 
        under Public Law Number 99-425, the Head Start Act, may be 
        equipped as a school bus or Head Start bus. 
           Sec. 12.  Minnesota Statutes 1992, section 169.451, is 
        amended to read: 
           169.451 [SCHOOL BUS INSPECTION; RULES; PENALTY.] 
           Subdivision 1.  [ANNUAL REQUIREMENT.] The Minnesota state 
        patrol shall inspect every school bus and every Head Start bus 
        annually to ascertain whether its construction, design, 
        equipment, and color comply with all provisions of law. 
           Subd. 2.  [INSPECTION CERTIFICATE.] No person shall drive, 
        or no owner shall knowingly permit or cause to be driven, any 
        school bus or Head Start bus unless there is displayed thereon a 
        certificate issued by the commissioner of public safety stating 
        that on a certain date, which shall be within 13 months of the 
        date of operation, a member of the Minnesota state patrol 
        inspected the bus and found that on the date of inspection the 
        bus complied with the applicable provisions of state law 
        relating to construction, design, equipment, and color.  
           Subd. 3.  [RULES OF COMMISSIONER.] (a) The commissioner of 
        public safety shall provide by rule for the issuance and display 
        of distinctive inspection certificates. 
           (b) The commissioner of public safety shall provide by rule 
        a point system for evaluating the effect on safety operation of 
        any variance from law detected during school bus inspections 
        conducted pursuant to subdivision 1. 
           Subd. 4.  [VIOLATIONS; PENALTY.] The state patrol shall 
        enforce subdivision 2.  A violation of subdivision 2 is a 
        misdemeanor. 
           Sec. 13.  Minnesota Statutes 1992, section 169.64, 
        subdivision 8, is amended to read: 
           Subd. 8.  [WHITE STROBE LAMPS.] Notwithstanding sections 
        169.55, subdivision 1, 169.57, subdivision 3, clause (b), or any 
        other law to the contrary, a vehicle may be equipped with a 
        360-degree flashing strobe lamp that emits a white light with a 
        flash rate of 60 to 120 flashes a minute, and the lamp may be 
        used as provided in this subdivision, if the vehicle is: 
           (1) a school bus that is subject to and complies with the 
        color and equipment requirements of sections 169.441, 
        subdivisions subdivision 1 and 2, and 169.442, subdivision 1, or 
        a Head Start bus that is not a type III bus as defined in 
        section 169.01, subdivision 6.  The lamp shall be permanently 
        mounted on the longitudinal center line of the bus roof not less 
        than five two feet nor more than seven feet forward of the rear 
        roof edge.  It shall operate from a separate switch containing 
        an indicator lamp to show when the strobe lamp is in use.  The 
        strobe lamp may be lighted only when atmospheric conditions or 
        terrain restrict the visibility of school bus lamps and 
        signals or Head Start bus lamps and signals so as to require use 
        of the bright strobe lamp to alert motorists to the presence of 
        the school bus or Head Start bus.  A strobe lamp may not be 
        lighted unless the school bus or Head Start bus is actually 
        being used as a school bus or Head Start bus; or 
           (2) a road maintenance vehicle owned or under contract to 
        the department of transportation or a road authority of a 
        county, home rule or statutory city, or town, but the strobe 
        lamp may only be operated while the vehicle is actually engaged 
        in snow removal during daylight hours.  
           The strobe lamp shall be of a double flash type certified 
        to the commissioner of public safety by the manufacturer as 
        being weatherproof and having a minimum effective light output 
        of 200 candelas as measured by the Blondel-Rey formula. 
           Sec. 14.  Minnesota Statutes 1992, section 169.781, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        169.781 to 169.783: 
           (a) "Commercial motor vehicle" means: 
           (1) a commercial motor vehicle as defined in section 
        169.01, subdivision 75, paragraph (a); and 
           (2) each vehicle in a combination of more than 26,000 
        pounds. 
           "Commercial motor vehicle" does not include (1) a school 
        bus or Head Start bus displaying a certificate under section 
        169.451, (2) a bus operated by the metropolitan transit 
        commission created in section 473.404 or by a local transit 
        commission created in chapter 458A, or (3) a motor vehicle with 
        a gross weight of not more than 26,000 pounds, carrying in bulk 
        tanks a total of not more than 200 gallons of petroleum products 
        or liquid fertilizer or pesticide. 
           (b) "Commissioner" means the commissioner of public safety. 
           (c) "Owner" means a person who owns, or has control, under 
        a lease of more than 30 days' duration, of one or more 
        commercial motor vehicles. 
           (d) "Storage semitrailer" means a semitrailer that (1) is 
        used exclusively to store property at a location not on a street 
        or highway, (2) does not contain any load when moved on a street 
        or highway, (3) is operated only during daylight hours, and (4) 
        is marked on each side of the semitrailer "storage only" in 
        letters at least six inches high. 
           (e) "Building mover vehicle" means a vehicle owned or 
        leased by a building mover as defined in section 221.81, 
        subdivision 1, paragraph (a), and used exclusively for moving 
        buildings. 
           Sec. 15.  Minnesota Statutes 1992, section 169.87, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SCHOOL BUSES AND HEAD START BUSES.] Weight 
        restrictions imposed pursuant to subdivisions 1 and 2 do not 
        apply to a school bus or Head Start bus transporting students, 
        Head Start children, or Head Start parents when the gross weight 
        on a single axle of the school bus or Head Start bus does not 
        exceed 14,000 pounds; provided that, road authorities may 
        restrict any highway under their jurisdiction to a lesser school 
        bus axle weight by written order to school boards and Head Start 
        grantees 24 hours in advance of required compliance with such 
        reduced axle weight.  
           Sec. 16.  Minnesota Statutes 1992, section 171.01, is 
        amended by adding a subdivision to read: 
           Subd. 27.  [HEAD START BUS.] "Head Start bus" means a motor 
        vehicle used to transport children or parents to or from a Head 
        Start facility, or to or from Head Start-related activities, by 
        the Head Start grantee, or by someone under an agreement with 
        the Head Start grantee.  A Head Start bus does not include a 
        motor vehicle transporting children or parents to or from a Head 
        Start facility for which parents or guardians receive direct 
        compensation from a Head Start grantee, a motor coach operating 
        under charter carrier authority, or a transit bus providing 
        services as defined in section 174.22, subdivision 7. 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        171.321, subdivision 2, is amended to read: 
           Subd. 2.  [RULES; QUALIFICATIONS AND TRAINING.] (a) The 
        commissioner of public safety shall prescribe rules governing 
        the qualifications of individuals to drive school buses physical 
        qualifications of school bus drivers and tests required to 
        obtain a school bus endorsement.  The rules must provide that an 
        applicant for a school bus endorsement or renewal is exempt from 
        the physical qualifications and medical examination required to 
        operate a school bus upon providing evidence of being medically 
        examined and certified within the preceding 24 months as 
        physically qualified to operate a commercial motor vehicle, 
        pursuant to Code of Federal Regulations, title 49, part 391, 
        subpart E, or rules of the commissioner of transportation 
        incorporating those federal regulations.  
           (b) The commissioner of public safety, in conjunction with 
        the commissioner of education, shall adopt a training program 
        for school bus drivers.  Adoption of the program is not subject 
        to chapter 14.  The program must provide for initial classroom 
        and behind-the-wheel training, and annual in-service training.  
        The program must provide training in defensive driving, human 
        relations, emergency and accident procedures, vehicle 
        maintenance, traffic laws, and use of safety equipment.  The 
        program must provide that the training will be conducted by the 
        contract operator for a school district, the school district, 
        the commissioner of education, a licensed driver training 
        school, or by another person or entity approved by both 
        commissioners.  
           The commissioner of public safety, in conjunction with the 
        commissioner of jobs and training, shall adopt a training 
        program for Head Start bus drivers.  Adoption of this program is 
        not subject to chapter 14.  The program must provide for initial 
        classroom and behind-the-wheel training, and annual in-service 
        training.  The program must provide training in defensive 
        driving, human relations, emergency and accident procedures, 
        vehicle maintenance, traffic laws, and use of safety equipment.  
        The program must provide that the training will be conducted by 
        the contract operator for a Head Start agency, the Head Start 
        grantee, a licensed driver training school, or by another person 
        or entity approved by both commissioners. 
           Sec. 18.  Minnesota Statutes 1992, section 171.3215, is 
        amended to read: 
           171.3215 [CANCELING BUS DRIVER'S ENDORSEMENT ENDORSEMENTS 
        FOR CRIME AGAINST MINOR CERTAIN OFFENSES.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them. 
           (1) (b) "School bus driver" means a person possessing a 
        school bus driver's endorsement on a valid Minnesota driver's 
        license or a person possessing a valid Minnesota driver's 
        license who drives a vehicle with a seating capacity of ten or 
        less persons used as a school bus. 
           (2) "Crime against a minor" means an act committed against 
        a minor victim that constitutes a violation of section 609.185, 
        609.19, 609.195, 609.20, 609.205, 609.21, subdivision 1, 
        609.221, 609.222, 609.223, 609.342, 609.343, 609.344, 609.345, 
        609.352, or a felony violation of section 609.322, 609.323, 
        609.324, or 609.377. 
           (c) "Disqualifying offense" includes any felony offense, 
        any criminal violation of chapter 152, any violation under 
        section 609.3451, 609.746, subdivision 1, or 617.23, or a fourth 
        moving violation within a three-year period. 
           (d) "Head Start bus driver" means a person possessing a 
        valid Minnesota driver's license: 
           (1) with a passenger endorsement, who drives a Head Start 
        bus; 
           (2) with a school bus driver's endorsement, who drives a 
        Head Start bus; or 
           (3) who drives a vehicle with a seating capacity of ten or 
        fewer persons used as a Head Start bus. 
           Subd. 2.  [CANCELLATION FOR DISQUALIFYING OFFENSE.] The 
        commissioner Within 10 ten days of receiving notice under 
        section 631.40, subdivision 1a, that a school bus driver 
        has committed a crime against a minor been convicted of a 
        disqualifying offense, the commissioner shall permanently cancel 
        the school bus driver's endorsement on the offender's driver's 
        license.  Within ten days of receiving notice under section 
        631.40, subdivision 1a, that a school bus driver has been 
        convicted of a gross misdemeanor or a violation of section 
        169.121 or 169.129, and within ten days of revoking a school bus 
        driver's license under section 169.123, the commissioner shall 
        cancel the school bus driver's endorsement on the offender's 
        driver's license for five years.  After five years, cancellation 
        of a school bus driver's endorsement for a conviction under 
        section 169.121 or 169.129 shall remain in effect until the 
        driver provides proof of successful completion of an alcohol or 
        controlled substance treatment program.  Upon canceling the 
        offender's school bus driver's endorsement, the department 
        commissioner shall immediately notify the licensed offender of 
        the cancellation in writing, by depositing in the United States 
        post office a notice addressed to the licensed offender at the 
        licensed offender's last known address, with postage prepaid 
        thereon. 
           Subd. 2a.  [CANCELLATION FOR CRIME AGAINST MINOR.] Within 
        ten days of receiving notice that a Head Start bus driver has 
        committed a crime against a minor, the commissioner shall 
        permanently cancel the passenger endorsement on the offender's 
        driver's license.  Upon canceling the offender's passenger 
        endorsement, the commissioner shall immediately notify the 
        licensed offender of the cancellation in writing, by depositing 
        in the United States post office a notice addressed to the 
        licensed offender at the licensed offender's last known address, 
        with postage prepaid thereon.  For purposes of this subdivision, 
        "crime against a minor" means an act committed against a minor 
        victim that constitutes a violation of section 609.185, 609.19, 
        609.195, 609.20, 609.205, 609.21, subdivision 1, 609.221, 
        609.222, 609.223, 609.342, 609.343, 609.344, 609.345, 609.352, 
        or a felony violation of section 609.322, 609.323, 609.324, or 
        609.377. 
           Subd. 3.  [BACKGROUND CHECK.] Before issuing or renewing a 
        driver's license with a school bus driver's endorsement, the 
        department shall conduct an investigation to determine whether 
        the applicant has been convicted of committing a crime against a 
        minor.  The department shall not issue a new bus driver's 
        endorsement and shall not renew an existing bus driver's 
        endorsement if the applicant has been convicted of committing a 
        crime against a minor. 
           Sec. 19.  Minnesota Statutes 1992, section 221.011, 
        subdivision 21, is amended to read: 
           Subd. 21.  [CHARTER CARRIER.] "Charter carrier" means a 
        person who engages in the business of transporting the public by 
        motor vehicle under charter.  The term "charter carrier" does 
        not include regular route common carriers of passengers, school 
        buses or Head Start buses described in section 221.025, clause 
        (a), or persons providing limousine service described in section 
        221.84. 
           Sec. 20.  Minnesota Statutes 1993 Supplement, section 
        221.025, is amended to read: 
           221.025 [EXEMPTIONS.] 
           The provisions of this chapter requiring a certificate or 
        permit to operate as a motor carrier do not apply to the 
        intrastate transportation described below:  
           (a) the transportation of students to or from school or 
        school activities in a school bus inspected and certified under 
        section 169.451 and the transportation of children or parents to 
        or from a Head Start facility or Head Start activity in a Head 
        Start bus inspected and certified under section 169.451; 
           (b) the transportation of solid waste, as defined in 
        section 116.06, subdivision 22, including recyclable materials 
        and waste tires, except that the term "hazardous waste" has the 
        meaning given it in section 221.011, subdivision 31; 
           (c) a commuter van as defined in section 221.011, 
        subdivision 27; 
           (d) authorized emergency vehicles as defined in section 
        169.01, subdivision 5, including ambulances; and tow trucks 
        equipped with proper and legal warning devices when picking up 
        and transporting (1) disabled or wrecked motor vehicles or (2) 
        vehicles towed or transported under a towing order issued by a 
        public employee authorized to issue a towing order; 
           (e) the transportation of grain samples under conditions 
        prescribed by the board; 
           (f) the delivery of agricultural lime; 
           (g) the transportation of dirt and sod within an area 
        having a 50-mile radius from the home post office of the person 
        performing the transportation; 
           (h) the transportation of sand, gravel, bituminous asphalt 
        mix, concrete ready mix, concrete blocks or tile and the mortar 
        mix to be used with the concrete blocks or tile, or crushed rock 
        to or from the point of loading or a place of gathering within 
        an area having a 50-mile radius from that person's home post 
        office or a 50-mile radius from the site of construction or 
        maintenance of public roads and streets; 
           (i) the transportation of pulpwood, cordwood, mining 
        timber, poles, posts, decorator evergreens, wood chips, sawdust, 
        shavings, and bark from the place where the products are 
        produced to the point where they are to be used or shipped; 
           (j) the transportation of fresh vegetables from farms to 
        canneries or viner stations, from viner stations to canneries, 
        or from canneries to canneries during the harvesting, canning, 
        or packing season, or transporting potatoes, sugar beets, wild 
        rice, or rutabagas from the field of production to the first 
        place of delivery or unloading, including a processing plant, 
        warehouse, or railroad siding; 
           (k) the transportation of property or freight, other than 
        household goods and petroleum products in bulk, entirely within 
        the corporate limits of a city or between contiguous cities 
        except as provided in section 221.296; 
           (l) the transportation of unprocessed dairy products in 
        bulk within an area having a 100-mile radius from the home post 
        office of the person providing the transportation; 
           (m) the transportation of agricultural, horticultural, 
        dairy, livestock, or other farm products within an area having a 
        25-mile radius from the person's home post office and the 
        carrier may transport other commodities within the 25-mile 
        radius if the destination of each haul is a farm; 
           (n) passenger transportation service that is not charter 
        service and that is under contract to and with operating 
        assistance from the department or the regional transit board; 
        and 
           (o) the transportation of newspapers, as defined in section 
        331A.01, subdivision 5, telephone books, handbills, circulars, 
        or pamphlets in a vehicle with a gross vehicle weight of 10,000 
        pounds or less. 
           The exemptions provided in this section apply to a person 
        only while the person is exclusively engaged in exempt 
        transportation. 
           Sec. 21.  Minnesota Statutes 1993 Supplement, section 
        221.031, subdivision 3b, is amended to read: 
           Subd. 3b.  [PASSENGER TRANSPORTATION; EXEMPTIONS.] (a) A 
        person who transports passengers for hire in intrastate 
        commerce, who is not made subject to the rules adopted in 
        section 221.0314 by any other provision of this section, must 
        comply with the rules for hours of service of drivers while 
        transporting employees of an employer who is directly or 
        indirectly paying the cost of the transportation. 
           (b) This subdivision does not apply to: 
           (1) a local transit commission; 
           (2) a transit authority created by law; or 
           (3) persons providing transportation: 
           (i) in a school bus as defined in section 169.01, 
        subdivision 6; 
           (ii) in a Head Start bus as defined in section 169.01, 
        subdivision 80; 
           (iii) in a commuter van; 
           (iii) (iv) in an authorized emergency vehicle as defined in 
        section 169.01, subdivision 5; 
           (iv) (v) in special transportation service certified by the 
        commissioner under section 174.30; 
           (v) (vi) that is special transportation service as defined 
        in section 174.29, subdivision 1, when provided by a volunteer 
        driver operating a private passenger vehicle as defined in 
        section 169.01, subdivision 3a; 
           (vi) (vii) in a limousine the service of which is licensed 
        by the commissioner under section 221.84; or 
           (vii) (viii) in a taxicab, if the fare for the 
        transportation is determined by a meter inside the taxicab that 
        measures the distance traveled and displays the fare accumulated.
           Sec. 22.  Minnesota Statutes 1992, section 631.40, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [CRIME AGAINST MINOR.] When a person is 
        convicted of committing a crime against a minor as defined in 
        section 171.3215, subdivision 2a, the court shall order that the 
        presentence investigation include information about whether the 
        offender is a Head Start bus driver as defined in section 
        171.3215, subdivision 1, whether the offender possesses a 
        passenger endorsement on the offender's driver's license, and 
        for what Head Start agency the offender drives a Head Start 
        bus.  If the offender is a Head Start bus driver or possesses a 
        Head Start bus driver's passenger endorsement, the court 
        administrator shall send a certified copy of the conviction to 
        the department of public safety and to the Head Start agency for 
        which the offender drives a Head Start bus. 
           Presented to the governor May 5, 1994 
           Signed by the governor May 9, 1994, 4:52 p.m.