Minnesota Session Laws - 2008, Regular Session

CHAPTER 271--S.F.No. 2988

An act

relating to pupil transportation; establishing qualifications for type III school bus drivers; providing criminal penalties;

amending Minnesota Statutes 2006, sections 169A.03, subdivision 23; 171.02, by adding a subdivision; Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is amended to read:

Subd. 9.

Personal cellular phone call prohibition.

new text begin (a) As used in this subdivision, "school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term includes type III school buses as described in section 169.01, subdivision 6, clause (5), when driven by employees or agents of school districts. new text end

new text begin (b) new text end A school bus driver may not operate a school bus while communicating over, or otherwise operating, a cellular phone for personal reasons, whether hand-held or hands free, when the vehicle is in motion.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes committed on or after that date. new text end

Sec. 2.

Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:

Subd. 23.

School bus.

"School bus" has the meaning given in section 169.01, subdivision 6. new text begin In addition, the term includes type III school buses as described in section 169.01, subdivision 6, clause (5), when driven by employees or agents of school districts. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes committed on or after that date. new text end

Sec. 3.

Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision to read:

new text begin Subd. 2b. new text end

new text begin Exception for type III school bus drivers. new text end

new text begin (a) Notwithstanding subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement, may operate a type III school bus described in section 169.01, subdivision 6, clause (5), under the conditions in paragraphs (b) through (n). new text end

new text begin (b) The operator is an employee of the entity that owns, leases, or contracts for the school bus. new text end

new text begin (c) The operator's employer has adopted and implemented a policy that provides for annual training and certification of the operator in: new text end

new text begin (1) safe operation of a type III school bus; new text end

new text begin (2) understanding student behavior, including issues relating to students with disabilities; new text end

new text begin (3) encouraging orderly conduct of students on the bus and handling incidents of misconduct appropriately; new text end

new text begin (4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies; new text end

new text begin (5) handling emergency situations; new text end

new text begin (6) proper use of seat belts and child safety restraints; new text end

new text begin (7) performance of pretrip vehicle inspections; and new text end

new text begin (8) safe loading and unloading of students, including, but not limited to: new text end

new text begin (i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other areas to enable the student to avoid hazardous conditions; new text end

new text begin (ii) refraining from loading and unloading students in a vehicular traffic lane, on the shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane; new text end

new text begin (iii) avoiding a loading or unloading location that would require a pupil to cross a road, or ensuring that the driver or an aide personally escort the pupil across the road if it is not reasonably feasible to avoid such a location; and new text end

new text begin (iv) placing the type III school bus in "park" during loading and unloading. new text end

new text begin (d) A background check or background investigation of the operator has been conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school district employees; section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision 3, for all other persons operating a type A or type III school bus under this subdivision. new text end

new text begin (e) Operators shall submit to a physical examination as required by section 171.321, subdivision 2. new text end

new text begin (f) The operator's employer has adopted and implemented a policy that provides for mandatory drug and alcohol testing of applicants for operator positions and current operators, in accordance with section 181.951, subdivisions 2, 4, and 5. new text end

new text begin (g) The operator's driver's license is verified annually by the entity that owns, leases, or contracts for the school bus. new text end

new text begin (h) A person who sustains a conviction, as defined under section 609.02, of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or has their driver's license revoked under a similar statute or ordinance of another state, is precluded from operating a type III school bus for five years from the date of conviction. new text end

new text begin (i) A person who has ever been convicted of a disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus under this subdivision. new text end

new text begin (j) A person who sustains a conviction, as defined under section 609.02, of a moving offense in violation of chapter 169 within three years of the first of three other moving offenses is precluded from operating a type III school bus for one year from the date of the last conviction. new text end

new text begin (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while employed by the entity that owns, leases, or contracts for the school bus, shall report the conviction to the employer within ten days of the date of the conviction. new text end

new text begin (l) Students riding the type III school bus must have training required under section 123B.90, subdivision 2. new text end

new text begin (m) Documentation of meeting the requirements listed in this subdivision must be maintained under separate file at the business location for each type III school bus operator. The business manager, school board, governing body of a nonpublic school, or any other entity that owns, leases, or contracts for the type III school bus operating under this subdivision is responsible for maintaining these files for inspection. new text end

new text begin (n) The type III school bus must bear a current certificate of inspection issued under section 169.451. new text end

new text begin (o) An operator employed by a school or school district, whose normal duties do not include operating a type III school bus, who holds a class D driver's license without a school bus endorsement, may operate a type III school bus and is exempt from paragraphs (d), (e), (f), (g), and (k). new text end

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor May 2, 2008

Signed by the governor May 4, 2008, 3:37 p.m.