1.1    .................... moves to amend H. F. No. 3575, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9,
1.4is amended to read:
1.5    Subd. 9. Personal cellular phone call prohibition. (a) As used in this subdivision,
1.6"school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term
1.7includes type III school buses as described in section 169.01, subdivision 6, clause (5),
1.8when driven by employees or agents of school districts for transportation.
1.9    (b) A school bus driver may not operate a school bus while communicating over, or
1.10otherwise operating, a cellular phone for personal reasons, whether hand-held or hands
1.11free, when the vehicle is in motion.
1.12EFFECTIVE DATE.This section is effective August 1, 2008, and applies to crimes
1.13committed on or after that date.

1.14    Sec. 2. Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:
1.15    Subd. 23. School bus. "School bus" has the meaning given in section 169.01,
1.16subdivision 6 . In addition, the term includes type III school buses as described in section
1.17169.01, subdivision 6, clause (5), when driven by employees or agents of school districts
1.18for transportation.
1.19EFFECTIVE DATE.This section is effective August 1, 2008, and applies to crimes
1.20committed on or after that date.

1.21    Sec. 3. Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
1.22to read:
1.23    Subd. 2b. Exception for type III school bus drivers. (a) Notwithstanding
1.24subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus
2.1endorsement, may operate a type III school bus described in section 169.01, subdivision 6,
2.2clause (5), under the conditions in paragraphs (b) through (n).
2.3    (b) The operator is an employee of the entity that owns, leases, or contracts for
2.4the school bus.
2.5    (c) The operator's employer has adopted and implemented a policy that provides for
2.6annual training and certification of the operator in:
2.7    (1) safe operation of a type III school bus;
2.8    (2) understanding student behavior, including issues relating to students with
2.9disabilities;
2.10    (3) encouraging orderly conduct of students on the bus and handling incidents of
2.11misconduct appropriately;
2.12    (4) knowing and understanding relevant laws, rules of the road, and local school
2.13bus safety policies;
2.14    (5) handling emergency situations;
2.15    (6) proper use of seat belts and child safety restraints;
2.16    (7) performance of pretrip vehicle inspections; and
2.17    (8) safe loading and unloading of students, including, but not limited to:
2.18    (i) utilizing a safe location for loading and unloading students at the curb, on the
2.19nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
2.20areas to enable the student to avoid hazardous conditions;
2.21    (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
2.22shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
2.23    (iii) avoiding a loading or unloading location that would require a pupil to cross a
2.24road, or ensuring that the driver or an aide personally escort the pupil across the road if
2.25it is not reasonably feasible to avoid such a location; and
2.26    (iv) placing the type III school bus in "park" during loading and unloading.
2.27    (d) A background check or background investigation of the operator has been
2.28conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
2.29for school district employees; section 144.057 or chapter 245C for day care employees;
2.30or section 171.321, subdivision 3, for all other persons operating a type A or type III
2.31school bus under this subdivision.
2.32    (e) Operators shall submit to a physical examination as required by section 171.321,
2.33subdivision 2 .
2.34    (f) The operator's employer has adopted and implemented a policy that provides
2.35for mandatory drug and alcohol testing of applicants for operator positions and current
2.36operators, in accordance with section 181.951, subdivisions 2, 4, and 5.
3.1    (g) The operator's driver's license is verified annually by the entity that owns, leases,
3.2or contracts for the school bus.
3.3    (h) A person who sustains a conviction, as defined under section 609.02, of violating
3.4section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
3.5under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or
3.6has their driver's license revoked under a similar statute or ordinance of another state, is
3.7precluded from operating a type III school bus for five years from the date of conviction.
3.8    (i) A person who has ever been convicted of a disqualifying offense as defined in
3.9section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus
3.10under this subdivision.
3.11    (j) A person who sustains a conviction, as defined under section 609.02, of a moving
3.12offense in violation of chapter 169 within three years of the first of three other moving
3.13offenses is precluded from operating a type III school bus for one year from the date of
3.14the last conviction.
3.15    (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
3.16while employed by the entity that owns, leases, or contracts for the school bus, shall report
3.17the conviction to the employer within ten days of the date of the conviction.
3.18    (l) Students riding the type III school bus must have training required under section
3.19123B.90, subdivision 2.
3.20    (m) Documentation of meeting the requirements listed in this subdivision must
3.21be maintained under separate file at the business location for each type III school bus
3.22operator. The business manager, school board, governing body of a nonpublic school, or
3.23any other entity that owns, leases, or contracts for the type III school bus operating under
3.24this subdivision is responsible for maintaining these files for inspection.
3.25    (n) The type III school bus must bear a current certificate of inspection issued under
3.26section 169.451.
3.27    (o) An operator employed by a school or school district, whose normal duties do
3.28not include operating a type III school bus, who holds a class D driver's license without a
3.29school bus endorsement, may operate a type III school bus and is exempt from paragraphs
3.30(d), (e), (f), (g), and (k).
3.31EFFECTIVE DATE.This section is effective September 1, 2008.

3.32    Sec. 4. Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
3.33to read:
3.34    Subd. 2c. Rulemaking. The commissioner may adopt rules regarding the
3.35qualifications and requirements for drivers of type III school buses.
4.1EFFECTIVE DATE.This section is effective August 1, 2008."
4.2Delete the title and insert:
4.4relating to pupil transportation; establishing qualifications for type III school
4.5bus drivers; providing criminal penalties; authorizing rulemaking;amending
4.6Minnesota Statutes 2006, sections 169A.03, subdivision 23; 171.02, by adding
4.7subdivisions; Minnesota Statutes 2007 Supplement, section 169.443, subdivision
4.89."