Bill Text: MN HF1670 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Pupil transportation; federal substance testing allowed to fulfill testing requirements for type III vehicle drivers.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-02 - House rule 1.21, placed on Calendar for the Day [HF1670 Detail]
Download: Minnesota-2011-HF1670-Engrossed.html
1.2relating to pupil transportation; allowing federal substance testing to fulfill
1.3testing requirements for type III vehicle drivers;amending Minnesota Statutes
1.42010, section 171.02, subdivision 2b.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 171.02, subdivision 2b, is amended to read:
1.7 Subd. 2b. Exception for type III vehicle drivers. (a) Notwithstanding subdivision
1.82, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
1.9may operate a type III vehicle described in section169.011, subdivision 71 , paragraph (h),
1.10under the conditions in paragraphs (b) through (o).
1.11 (b) The operator is an employee of the entity that owns, leases, or contracts for
1.12the school bus.
1.13 (c) The operator's employer has adopted and implemented a policy that provides for
1.14annual training and certification of the operator in:
1.15 (1) safe operation of a type III vehicle;
1.16 (2) understanding student behavior, including issues relating to students with
1.17disabilities;
1.18 (3) encouraging orderly conduct of students on the bus and handling incidents of
1.19misconduct appropriately;
1.20 (4) knowing and understanding relevant laws, rules of the road, and local school
1.21bus safety policies;
1.22 (5) handling emergency situations;
1.23 (6) proper use of seat belts and child safety restraints;
1.24 (7) performance of pretrip vehicle inspections;
2.1 (8) safe loading and unloading of students, including, but not limited to:
2.2 (i) utilizing a safe location for loading and unloading students at the curb, on the
2.3nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
2.4areas to enable the student to avoid hazardous conditions;
2.5 (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
2.6shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
2.7 (iii) avoiding a loading or unloading location that would require a pupil to cross a
2.8road, or ensuring that the driver or an aide personally escort the pupil across the road if it
2.9is not reasonably feasible to avoid such a location;
2.10 (iv) placing the type III vehicle in "park" during loading and unloading; and
2.11 (v) escorting a pupil across the road under item (iii) only after the motor is stopped,
2.12the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered
2.13immobile; and
2.14 (9) compliance with paragraph (k), concerning reporting certain convictions to the
2.15employer within ten days of the date of conviction.
2.16 (d) A background check or background investigation of the operator has been
2.17conducted that meets the requirements under section122A.18, subdivision 8 , or
123B.03
2.18for school district employees; section
144.057 or chapter 245C for day care employees; or
2.19section171.321, subdivision 3 , for all other persons operating a type III vehicle under
2.20this subdivision.
2.21 (e) Operators shall submit to a physical examination as required by section171.321,
2.22subdivision 2 .
2.23 (f) The operator's employer requires preemployment drug testing of applicants for
2.24operator positions. Current operators must comply with the employer's policy under
2.25section181.951, subdivisions 2 , 4, and 5. Notwithstanding any law to the contrary, the
2.26operator's employer may use a Breathalyzer or similar device to fulfill random alcohol
2.27testing requirements.
2.28 (g) The operator's driver's license is verified annually by the entity that owns, leases,
2.29or contracts for the type III vehicle as required under section171.321 , subdivision 5.
2.30 (h) A person who sustains a conviction, as defined under section609.02 , of violating
2.31section169A.25 ,
169A.26 ,
169A.27 , or
169A.31 , or whose driver's license is revoked
2.32under sections169A.50 to
169A.53 of the implied consent law, or who is convicted of
2.33violating or whose driver's license is revoked under a similar statute or ordinance of
2.34another state, is precluded from operating a type III vehicle for five years from the date
2.35of conviction.
3.1 (i) A person who has ever been convicted of a disqualifying offense as defined in
3.2section171.3215, subdivision 1 , paragraph (c), may not operate a type III vehicle under
3.3this subdivision.
3.4 (j) A person who sustains a conviction, as defined under section609.02 , of a moving
3.5offense in violation of chapter 169 within three years of the first of three other moving
3.6offenses is precluded from operating a type III vehicle for one year from the date of
3.7the last conviction.
3.8 (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
3.9while employed by the entity that owns, leases, or contracts for the school bus, shall report
3.10the conviction to the employer within ten days of the date of the conviction.
3.11 (l) Students riding the type III vehicle must have training required under section
3.12123B.90, subdivision 2
.
3.13 (m) Documentation of meeting the requirements listed in this subdivision must be
3.14maintained under separate file at the business location for each type III vehicle operator.
3.15The business manager, school board, governing body of a nonpublic school, or any
3.16other entity that owns, leases, or contracts for the type III vehicle operating under this
3.17subdivision is responsible for maintaining these files for inspection.
3.18 (n) The type III vehicle must bear a current certificate of inspection issued under
3.19section169.451 .
3.20 (o) An employee of a school or of a school district, who is not employed for the sole
3.21purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).
3.22(p) Notwithstanding any law to the contrary, if the testing under paragraph (f)
3.23follows the testing procedures set forth for transportation workplace drug and alcohol
3.24testing programs in Code of Federal Regulations, title 49, part 40, any person who is
3.25also required to comply with the alcohol and controlled substances testing requirements
3.26of Code of Federal Regulations, title 49, part 219, 382, or 655, is exempt from sections
3.27181.950 to 181.957.
1.3testing requirements for type III vehicle drivers;amending Minnesota Statutes
1.42010, section 171.02, subdivision 2b.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 171.02, subdivision 2b, is amended to read:
1.7 Subd. 2b. Exception for type III vehicle drivers. (a) Notwithstanding subdivision
1.82, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
1.9may operate a type III vehicle described in section
1.10under the conditions in paragraphs (b) through (o).
1.11 (b) The operator is an employee of the entity that owns, leases, or contracts for
1.12the school bus.
1.13 (c) The operator's employer has adopted and implemented a policy that provides for
1.14annual training and certification of the operator in:
1.15 (1) safe operation of a type III vehicle;
1.16 (2) understanding student behavior, including issues relating to students with
1.17disabilities;
1.18 (3) encouraging orderly conduct of students on the bus and handling incidents of
1.19misconduct appropriately;
1.20 (4) knowing and understanding relevant laws, rules of the road, and local school
1.21bus safety policies;
1.22 (5) handling emergency situations;
1.23 (6) proper use of seat belts and child safety restraints;
1.24 (7) performance of pretrip vehicle inspections;
2.1 (8) safe loading and unloading of students, including, but not limited to:
2.2 (i) utilizing a safe location for loading and unloading students at the curb, on the
2.3nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
2.4areas to enable the student to avoid hazardous conditions;
2.5 (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
2.6shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
2.7 (iii) avoiding a loading or unloading location that would require a pupil to cross a
2.8road, or ensuring that the driver or an aide personally escort the pupil across the road if it
2.9is not reasonably feasible to avoid such a location;
2.10 (iv) placing the type III vehicle in "park" during loading and unloading; and
2.11 (v) escorting a pupil across the road under item (iii) only after the motor is stopped,
2.12the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered
2.13immobile; and
2.14 (9) compliance with paragraph (k), concerning reporting certain convictions to the
2.15employer within ten days of the date of conviction.
2.16 (d) A background check or background investigation of the operator has been
2.17conducted that meets the requirements under section
2.19section
2.20this subdivision.
2.21 (e) Operators shall submit to a physical examination as required by section
2.22subdivision 2
2.23 (f) The operator's employer requires preemployment drug testing of applicants for
2.24operator positions. Current operators must comply with the employer's policy under
2.25section
2.26operator's employer may use a Breathalyzer or similar device to fulfill random alcohol
2.27testing requirements.
2.28 (g) The operator's driver's license is verified annually by the entity that owns, leases,
2.29or contracts for the type III vehicle as required under section
2.30 (h) A person who sustains a conviction, as defined under section
2.31section
2.32under sections
2.33violating or whose driver's license is revoked under a similar statute or ordinance of
2.34another state, is precluded from operating a type III vehicle for five years from the date
2.35of conviction.
3.1 (i) A person who has ever been convicted of a disqualifying offense as defined in
3.2section
3.3this subdivision.
3.4 (j) A person who sustains a conviction, as defined under section
3.5offense in violation of chapter 169 within three years of the first of three other moving
3.6offenses is precluded from operating a type III vehicle for one year from the date of
3.7the last conviction.
3.8 (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
3.9while employed by the entity that owns, leases, or contracts for the school bus, shall report
3.10the conviction to the employer within ten days of the date of the conviction.
3.11 (l) Students riding the type III vehicle must have training required under section
3.13 (m) Documentation of meeting the requirements listed in this subdivision must be
3.14maintained under separate file at the business location for each type III vehicle operator.
3.15The business manager, school board, governing body of a nonpublic school, or any
3.16other entity that owns, leases, or contracts for the type III vehicle operating under this
3.17subdivision is responsible for maintaining these files for inspection.
3.18 (n) The type III vehicle must bear a current certificate of inspection issued under
3.19section
3.20 (o) An employee of a school or of a school district, who is not employed for the sole
3.21purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).
3.22(p) Notwithstanding any law to the contrary, if the testing under paragraph (f)
3.23follows the testing procedures set forth for transportation workplace drug and alcohol
3.24testing programs in Code of Federal Regulations, title 49, part 40, any person who is
3.25also required to comply with the alcohol and controlled substances testing requirements
3.26of Code of Federal Regulations, title 49, part 219, 382, or 655, is exempt from sections
3.27181.950 to 181.957.