1.1 	A bill for an act
1.2 	relating to transportation; amending requirements for type III vehicle drivers; 
1.3 	providing a rulemaking exception;amending Minnesota Statutes 2008, section 
1.4 	171.321, subdivision 2; Minnesota Statutes 2009 Supplement, section 171.02, 
1.5 	subdivision 2b.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2009 Supplement, section 171.02, subdivision 2b, 
1.8 	is amended to read:
1.9 		Subd. 2b.Exception for type III vehicle drivers. (a) Notwithstanding subdivision 
1.10 	2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement, 
1.11 	may operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h), 
1.12 	under the conditions in paragraphs (b) through (o).
1.13 	(b) The operator is an employee of the entity that owns, leases, or contracts for 
1.14 	the school bus.
1.15 	(c) The operator's employer has adopted and implemented a policy that provides for 
1.16 	annual training and certification of the operator in:
1.17 	(1) safe operation of a type III vehicle;
1.18 	(2) understanding student behavior, including issues relating to students with 
1.19 	disabilities;
1.20 	(3) encouraging orderly conduct of students on the bus and handling incidents of 
1.21 	misconduct appropriately;
1.22 	(4) knowing and understanding relevant laws, rules of the road, and local school 
1.23 	bus safety policies;
1.24 	(5) handling emergency situations;
1.25 	(6) proper use of seat belts and child safety restraints;
2.1 	(7) performance of pretrip vehicle inspections; 
2.2 	(8) safe loading and unloading of students, including, but not limited to:
2.3 	(i) utilizing a safe location for loading and unloading students at the curb, on the 
2.4 	nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other 
2.5 	areas to enable the student to avoid hazardous conditions;
2.6 	(ii) refraining from loading and unloading students in a vehicular traffic lane, on the 
2.7 	shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
2.8 	(iii) avoiding a loading or unloading location that would require a pupil to cross a 
2.9 	road, or ensuring that the driver or an aide personally escort the pupil across the road if 
2.10 	it is not reasonably feasible to avoid such a location; and
2.11 	(iv) placing the type III vehicle in "park" during loading and unloading; and
2.12 	(v) escorting a pupil across the road under clause (iii) only after the motor is 
2.13 	stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise 
2.14 	rendered immobile; and
2.15 	(9) compliance with paragraph (k), concerning reporting certain convictions to the 
2.16 	employer within ten days of the date of conviction.
2.17 	(d) A background check or background investigation of the operator has been 
2.18 	conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03 
2.19 	for school district employees; section 144.057 or chapter 245C for day care employees; 
2.20 	or section 171.321, subdivision 3, for all other persons operating a type A or type III 
2.21 	vehicle under this subdivision.
2.22 	(e) Operators shall submit to a physical examination as required by section 171.321, 
2.23 	subdivision 2.
2.24 	(f) The operator's employer requires preemployment drug and alcohol testing of 
2.25 	applicants for operator positions. Current operators must comply with the employer's 
2.26 	policy under section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the 
2.27 	contrary, the operator's employer may use a breathalyzer or similar device to fulfill 
2.28 	random alcohol testing requirements.
2.29 	(g) The operator's driver's license is verified annually by the entity that owns, 
2.30 	leases, or contracts for the school bus type III vehicle as required under section 171.321, 
2.31 	subdivision 5.
2.32 	(h) A person who sustains a conviction, as defined under section 609.02, of violating 
2.33 	section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked 
2.34 	under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of 
2.35 	violating or whose driver's license is revoked under a similar statute or ordinance of 
3.1 	another state, is precluded from operating a type III vehicle for five years from the date 
3.2 	of conviction.
3.3 	(i) A person who has ever been convicted of a disqualifying offense as defined in 
3.4 	section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under 
3.5 	this subdivision.
3.6 	(j) A person who sustains a conviction, as defined under section 609.02, of a moving 
3.7 	offense in violation of chapter 169 within three years of the first of three other moving 
3.8 	offenses is precluded from operating a type III vehicle for one year from the date of 
3.9 	the last conviction.
3.10 	(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) 
3.11 	while employed by the entity that owns, leases, or contracts for the school bus, shall report 
3.12 	the conviction to the employer within ten days of the date of the conviction.
3.13 	(l) Students riding the type III vehicle must have training required under section 
3.14 	123B.90, subdivision 2.
3.15 	(m) Documentation of meeting the requirements listed in this subdivision must be 
3.16 	maintained under separate file at the business location for each type III vehicle operator. 
3.17 	The business manager, school board, governing body of a nonpublic school, or any 
3.18 	other entity that owns, leases, or contracts for the type III vehicle operating under this 
3.19 	subdivision is responsible for maintaining these files for inspection.
3.20 	(n) The type III vehicle must bear a current certificate of inspection issued under 
3.21 	section 169.451.
3.22 	(o) An employee of a school or of a school district, who is not employed for the sole 
3.23 	purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

3.24 	EFFECTIVE DATE. This section is effective July 1, 2010.

3.25 	Sec. 2. Minnesota Statutes 2008, section 171.321, subdivision 2, is amended to read:
3.26 		Subd. 2.Rules. (a) The commissioner of public safety shall prescribe rules 
3.27 	governing (1) the physical qualifications of school bus drivers and tests required to obtain 
3.28 	a school bus endorsement, and (2) the physical qualifications of type III vehicle drivers. 
3.29 	(b) The rules under paragraph (a) must provide that an applicant for a school 
3.30 	bus endorsement or renewal is exempt from the physical qualifications and medical 
3.31 	examination required to operate a school bus upon providing evidence of being medically 
3.32 	examined and certified within the preceding 24 months as physically qualified to operate a 
3.33 	commercial motor vehicle, pursuant to Code of Federal Regulations, title 49, part 391, 
3.34 	subpart E, or rules of the commissioner of transportation incorporating those federal 
3.35 	regulations. The commissioner shall accept physical examinations for school bus drivers 
4.1 	conducted by medical examiners authorized as provided by Code of Federal Regulations, 
4.2 	title 49, chapter 3, part 391, subpart E.
4.3 	(b) (c) The commissioner of public safety, in conjunction with the commissioner 
4.4 	of education, shall adopt rules prescribing a training program for Head Start bus drivers. 
4.5 	The program must provide for initial classroom and behind-the-wheel training, and annual 
4.6 	in-service training. The program must provide training in defensive driving, human 
4.7 	relations, emergency and accident procedures, vehicle maintenance, traffic laws, and use 
4.8 	of safety equipment. The program must provide that the training will be conducted by the 
4.9 	contract operator for a Head Start agency, the Head Start grantee, a licensed driver training 
4.10 	school, or by another person or entity approved by both commissioners.
4.11 	(d) The commissioner may exempt a type III vehicle driver from the physical 
4.12 	qualifications required to operate a type III vehicle upon receiving evidence of the 
4.13 	driver having been medically examined and certified within the preceding 24 months as 
4.14 	physically qualified to operate a commercial motor vehicle as provided for applicants for a 
4.15 	school bus endorsement under paragraph (b).

4.16 	Sec. 3. RULEMAKING EXCEPTION.
 4.17 	The actions of the commissioner of public safety in establishing physical 
4.18 	qualifications for type III vehicle drivers are not rulemaking for purposes of Minnesota 
4.19 	Statutes, chapter 14, are not subject to the Administrative Procedure Act contained in 
4.20 	Minnesota Statutes, chapter 14, and are not subject to Minnesota Statutes, section 14.386.