Bill Text: MN HF2481 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Pupil transportation; seat belt cutters required in type III vehicles, school bus drivers required to conduct post-trip inspections, bus endorsement reporting and cancellation requirements modified, and penalties provided.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2014-03-28 - Second reading [HF2481 Detail]

Download: Minnesota-2013-HF2481-Engrossed.html

1.1A bill for an act
1.2relating to public safety; pupil transportation; requiring seat belt cutters in type III
1.3vehicles; requiring school bus drivers to conduct post-trip inspections; modifying
1.4reporting and cancellation requirements for bus endorsements; providing
1.5penalties;amending Minnesota Statutes 2012, sections 169.443, subdivision
1.67, by adding a subdivision; 169.451, subdivision 4, by adding a subdivision;
1.7169.454, by adding a subdivision; 169.4582, by adding a subdivision; 171.02,
1.8subdivision 2b; 171.3215, subdivisions 1, 2; 631.40, subdivision 1a.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 169.443, subdivision 7, is amended to read:
1.11    Subd. 7. Misdemeanor. Except as provided in subdivision 10, a person who
1.12violates this section is guilty of a misdemeanor.

1.13    Sec. 2. Minnesota Statutes 2012, section 169.443, is amended by adding a subdivision
1.14to read:
1.15    Subd. 10. Post-trip inspection. (a) As used in this subdivision, "immediate vicinity"
1.16means within 50 feet of the school bus and within a direct, unobstructed line of sight.
1.17(b) Within ten minutes following completion of each trip and before leaving the
1.18immediate vicinity, each driver shall complete an interior post-trip inspection of the bus
1.19to ensure no student or students are left unattended. A violation of this section is a petty
1.20misdemeanor.
1.21(c) If the court determines that a violation of paragraph (b) resulted in a child being
1.22left unattended in a school bus, the court shall ensure that section 631.40, subdivision
1.231a is complied with.

1.24    Sec. 3. Minnesota Statutes 2012, section 169.451, subdivision 4, is amended to read:
2.1    Subd. 4. Violation; penalty. The State Patrol shall enforce subdivision subdivisions
2.2 2 and 6. A violation of subdivision 2 is a misdemeanor, and a violation of subdivision 6
2.3is a gross misdemeanor.

2.4    Sec. 4. Minnesota Statutes 2012, section 169.451, is amended by adding a subdivision
2.5to read:
2.6    Subd. 6. Operation of out of service school buses prohibited. No carrier, district,
2.7or operator shall require or allow any person to operate, for the purposes of passenger
2.8transportation, a school bus that has been clearly marked "out of service" until all of the
2.9violations causing the "out of service" status have been satisfactorily remedied.

2.10    Sec. 5. Minnesota Statutes 2012, section 169.454, is amended by adding a subdivision
2.11to read:
2.12    Subd. 10a. Webbing cutter. Each vehicle shall be equipped with a durable webbing
2.13cutter having a full width handgrip and a protected, replaceable, or noncorrodible blade.
2.14The webbing cutter shall be mounted in a location accessible to the seated driver, and
2.15must be easily detachable for use.

2.16    Sec. 6. Minnesota Statutes 2012, section 169.4582, is amended by adding a subdivision
2.17to read:
2.18    Subd. 3. Failure to conduct post-trip inspection; reporting. Any carrier or district
2.19must report any known violation of section 169.443, subdivision 10, paragraph (b), to
2.20the director of pupil transportation with 72 hours. Section 169.89, subdivision 1, does
2.21not apply to a violation of this subdivision.

2.22    Sec. 7. Minnesota Statutes 2012, section 171.02, subdivision 2b, is amended to read:
2.23    Subd. 2b. Exception for type III vehicle drivers. (a) Notwithstanding subdivision
2.242, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
2.25may operate a type III vehicle described in section 169.011, subdivision 71, paragraph
2.26(h), under the conditions in paragraphs (b) through (o) (p).
2.27    (b) The operator is an employee of the entity that owns, leases, or contracts for
2.28the school bus.
2.29    (c) The operator's employer has adopted and implemented a policy that provides for
2.30annual training and certification of the operator in:
2.31    (1) safe operation of a type III vehicle;
3.1    (2) understanding student behavior, including issues relating to students with
3.2disabilities;
3.3    (3) encouraging orderly conduct of students on the bus and handling incidents of
3.4misconduct appropriately;
3.5    (4) knowing and understanding relevant laws, rules of the road, and local school
3.6bus safety policies;
3.7    (5) handling emergency situations;
3.8    (6) proper use of seat belts and child safety restraints;
3.9    (7) performance of pretrip vehicle inspections;
3.10    (8) safe loading and unloading of students, including, but not limited to:
3.11    (i) utilizing a safe location for loading and unloading students at the curb, on the
3.12nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
3.13areas to enable the student to avoid hazardous conditions;
3.14    (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
3.15shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
3.16    (iii) avoiding a loading or unloading location that would require a pupil to cross a
3.17road, or ensuring that the driver or an aide personally escort the pupil across the road if it
3.18is not reasonably feasible to avoid such a location;
3.19    (iv) placing the type III vehicle in "park" during loading and unloading; and
3.20    (v) escorting a pupil across the road under item (iii) only after the motor is stopped,
3.21the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered
3.22immobile; and
3.23    (9) compliance with paragraph (k), concerning reporting certain convictions to the
3.24employer within ten days of the date of conviction.
3.25    (d) A background check or background investigation of the operator has been
3.26conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
3.27for school district employees; section 144.057 or chapter 245C for day care employees; or
3.28section 171.321, subdivision 3, for all other persons operating a type III vehicle under
3.29this subdivision.
3.30    (e) Operators shall submit to a physical examination as required by section 171.321,
3.31subdivision 2
.
3.32    (f) The operator's employer requires preemployment drug testing of applicants for
3.33operator positions. Current operators must comply with the employer's policy under
3.34section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the
3.35operator's employer may use a Breathalyzer or similar device to fulfill random alcohol
3.36testing requirements.
4.1    (g) The operator's driver's license is verified annually by the entity that owns, leases,
4.2or contracts for the type III vehicle as required under section 171.321, subdivision 5.
4.3    (h) A person who sustains a conviction, as defined under section 609.02, of violating
4.4section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
4.5sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of violating
4.6or whose driver's license is revoked under a similar statute or ordinance of another state, is
4.7precluded from operating a type III vehicle for five years from the date of conviction.
4.8    (i) A person who has ever been convicted of a disqualifying offense as defined in
4.9section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under
4.10this subdivision.
4.11    (j) A person who sustains a conviction, as defined under section 609.02, of a moving
4.12offense in violation of chapter 169 within three years of the first of three other moving
4.13offenses is precluded from operating a type III vehicle for one year from the date of
4.14the last conviction.
4.15    (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
4.16while employed by the entity that owns, leases, or contracts for the school bus, shall report
4.17the conviction to the employer within ten days of the date of the conviction.
4.18    (l) An operator of a type III vehicle or Head Start vehicle whose license is
4.19suspended, revoked, or canceled by this state or another state or jurisdiction must notify
4.20the operator's employer of the suspension, revocation, cancellation, lost privilege, or other
4.21disqualification. The operator must notify the employer before the end of the business day
4.22following the day the operator received notice of the suspension, revocation, cancellation,
4.23lost privilege, or disqualification.
4.24    (l) (m) Students riding the type III vehicle must have training required under section
4.25123B.90, subdivision 2 .
4.26    (m) (n) Documentation of meeting the requirements listed in this subdivision must
4.27be maintained under separate file at the business location for each type III vehicle
4.28operator. The business manager, school board, governing body of a nonpublic school, or
4.29any other entity that owns, leases, or contracts for the type III vehicle operating under this
4.30subdivision is responsible for maintaining these files for inspection.
4.31    (n) (o) The type III vehicle must bear a current certificate of inspection issued under
4.32section 169.451.
4.33    (o) (p) An employee of a school or of a school district, who is not employed for the
4.34sole purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

4.35    Sec. 8. Minnesota Statutes 2012, section 171.3215, subdivision 1, is amended to read:
5.1    Subdivision 1. Definitions. (a) As used in this section, the following terms have
5.2the meanings given them.
5.3(b) "School bus driver" means a person possessing a school bus driver's endorsement
5.4on a valid Minnesota driver's license or a person possessing a valid Minnesota driver's
5.5license who drives a vehicle with a seating capacity of ten or less persons used as a
5.6school bus.
5.7(c) "Disqualifying offense" includes (1) any felony offense, (2) any misdemeanor,
5.8gross misdemeanor, or felony violation of chapter 152, (3) any violation under section
5.9609.3451 , 609.746, subdivision 1, 617.23, 617.246, 617.247, or 617.293, or (4) while
5.10driving, operating, or being in physical control of a school bus or a Head Start bus, a
5.11violation of section 169A.20 or a similar statute or ordinance from another state, or
5.12violation of section 169.443, subdivision 10, if, as a result, a child is left unattended
5.13in the school bus.
5.14(d) "Head Start bus driver" means a person possessing a valid Minnesota driver's
5.15license:
5.16(1) with a passenger endorsement, who drives a Head Start bus;
5.17(2) with a school bus driver's endorsement, who drives a Head Start bus; or
5.18(3) who drives a vehicle with a seating capacity of ten or fewer persons used as a
5.19Head Start bus.

5.20    Sec. 9. Minnesota Statutes 2012, section 171.3215, subdivision 2, is amended to read:
5.21    Subd. 2. Cancellation for disqualifying and other offenses. Except as otherwise
5.22provided in this section, within ten days of receiving notice under section 631.40,
5.23subdivision 1a
, or otherwise receiving notice for a nonresident driver, that a school bus
5.24driver has been convicted of a disqualifying offense, the commissioner shall permanently
5.25cancel the school bus driver's endorsement on the offender's driver's license and in the
5.26case of a nonresident, the driver's privilege to operate a school bus in Minnesota. A school
5.27bus driver whose endorsement or privilege to operate a school bus in Minnesota has been
5.28permanently canceled may not apply for reinstatement. Within ten days of receiving notice
5.29under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
5.30driver, that a school bus driver has been convicted of a violation of section 169A.20, or a
5.31similar statute or ordinance from another state, and within ten days of revoking a school
5.32bus driver's license under section 169A.52, the commissioner shall cancel the school
5.33bus driver's endorsement on the offender's driver's license or the nonresident's privilege
5.34to operate a school bus in Minnesota for five years. After five years, a school bus driver
5.35may apply to the commissioner for reinstatement. Even after five years, cancellation of a
6.1school bus driver's endorsement or a nonresident's privilege to operate a school bus in
6.2Minnesota for a violation under section 169A.20, sections 169A.50 to 169A.53, or a
6.3similar statute or ordinance from another state, shall remain in effect until the driver
6.4provides proof of successful completion of an alcohol or controlled substance treatment
6.5program. For a first offense, proof of completion is required only if treatment was ordered
6.6as part of a chemical use assessment. Within ten days of receiving notice under section
6.7631.40, subdivision 1a , or otherwise receiving notice for a nonresident driver, that a school
6.8bus driver has been convicted of a fourth moving violation in the last three years, the
6.9commissioner shall cancel the school bus driver's endorsement on the offender's driver's
6.10license or the nonresident's privilege to operate a school bus in Minnesota until one year
6.11has elapsed since the last conviction. A school bus driver who has no new convictions
6.12after one year may apply for reinstatement. Upon conviction for a violation of section
6.13169.443, subdivision 10, that results in a child being left unattended in the school bus the
6.14commissioner shall cancel the school bus driver's endorsement on the offender's driver's
6.15license for one year. Upon canceling the offender's school bus driver's endorsement, the
6.16commissioner shall immediately notify the licensed offender of the cancellation in writing,
6.17by depositing in the United States post office a notice addressed to the licensed offender at
6.18the licensed offender's last known address, with postage prepaid thereon.

6.19    Sec. 10. Minnesota Statutes 2012, section 631.40, subdivision 1a, is amended to read:
6.20    Subd. 1a. Certified copy of disqualifying offense convictions sent to public safety
6.21and school districts. When a person is convicted of committing a disqualifying offense, as
6.22defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation
6.23within the previous three years, a violation of section 169.443, subdivision 10, that results
6.24in a child being left unattended in a school bus, or a violation of section 169A.20, or a
6.25similar statute or ordinance from another state, the court shall determine whether the
6.26offender is a school bus driver as defined in section 171.3215, subdivision 1, whether the
6.27offender possesses a school bus driver's endorsement on the offender's driver's license and
6.28in what school districts the offender drives a school bus. If the offender is a school bus
6.29driver or possesses a school bus driver's endorsement, the court administrator shall send
6.30a certified copy of the conviction to the Department of Public Safety and to the school
6.31districts in which the offender drives a school bus within ten days after the conviction.
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