msboa june 2015

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Volume 45 Issue 6 • June 2015 2015 Joe Beaton Scholarship Recipient Essays on Page 8 & 10!!!!! Operator The Summer’s Here! Please plan to join us for the 2015 MSBOA Summer Conference June 14-16, 2015 at Ruttger’s Sugar Lake Lodge in Cohasset, Minnesota! Registration is available online at www.msboa.com. Just a reminder, if you are registering a group, do not use the online button “Group” - instead, use “Individual” and add the persons attending with you as guests. Golf can be selected as a session. Why should you plan to attend? Starting on Sunday, June 14th we will have our annual MSBOA Golf Tournament mixer, sponsored and run this year by Telin Transportation Group. In the evening, we will be having “Like Totally Awesome 80’s Night”! We will have a vendor social, MSBOA Fundraising activities, an outdoor bus display, and dinner. We will finish the evening with an 80’s band “Sell Out Stereo” - don’t forget to dress in your favorite 80’s fashion! Please bring a bottle of wine to donate for our wine raffle!!! On Monday morning, we welcome Joe Schmit, Sports Anchor from KSTP-TV doing a presentation entitled “Silent Impact”. This presentation is being sponspored by SFMu- tual Insurance. Following Joe Schmit, we will be having a question and answer peri- od with the State Patrol. “Ask a Trooper”, is designed for you to ask the State Patrol whatever you are questioning regarding school bus regulations. The MSBOA membership is blessed to have great, supportive vendor members. This year we will hold a “speed-dating” session for you to have a quick 5 minute presenta- tion on their latest and greatest product and service offerings. Those attending will have opportunities for prizes. We are also working on a new Public Relations Program to unveil to our members on Monday. The media landscape has really changed in recent years. Businesses now are able to go straight to decision makers. Learn how to promote your busi- ness and utilize those strategies to recruit drivers, present to the school board and parent groups. On Monday evening, join us for a special evening starting with the MSBOA Social Hour sponsored by Dave Bakken, Wells Fargo Insurance Services. We will then enjoy the Presiden’t Banquet, and the Transportation Specialist Awards Ceremony and the MSBOA Safety Raffle. On Tuesday morning we will begin our day with the General Business Session and Board Elections, followed with a Hot Top- ics presentation by Tom Revnew. Tom Keliher will then be providing a program entitled “Legislative 101”. Have you ever been interested in how a bill becomes a law, or how things work at the State Capitol? This program will walk you through the basics! We will close our conference with the final presentation of the day with the State Patrol and Driver and Vehicle Services Updates and lunch. Keynote Speaker, Joe Schmit

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Summer Joe Beaton Scholarship

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Page 1: Msboa june 2015

Volume 45 Issue 6 • June 2015

2015 Joe Beaton Scholarship Recipient Essays on Page 8 & 10!!!!!

OperatorThe

Summer’s Here!Please plan to join us for the 2015 MSBOA Summer Conference June 14-16, 2015 at Ruttger’sSugar Lake Lodge in Cohasset, Minnesota! Registration is available online at www.msboa.com.Just a reminder, if you are registering a group, do not use the online button “Group” - instead,use “Individual” and add the persons attending with you as guests. Golf can be selected as asession.

Why should you plan to attend?

Starting on Sunday, June 14th we will have our annual MSBOA Golf Tournament

mixer, sponsored and run this year by Telin Transportation Group. In the evening, we

will be having “Like Totally Awesome 80’s Night”! We will have a vendor social,

MSBOA Fundraising activities, an outdoor bus display, and dinner. We will finish the

evening with an 80’s band “Sell Out Stereo” - don’t forget to dress in your favorite 80’s

fashion! Please bring a bottle of wine to donate for our wine raffle!!!

On Monday morning, we welcome Joe Schmit, Sports Anchor from KSTP-TV doing a

presentation entitled “Silent Impact”. This presentation is being sponspored by SFMu-

tual Insurance. Following Joe Schmit, we will be having a question and answer peri-

od with the State Patrol. “Ask a Trooper”, is designed for you to ask the State Patrol

whatever you are questioning regarding school bus regulations.

The MSBOA membership is blessed to have great, supportive vendor members. This

year we will hold a “speed-dating” session for you to have a quick 5 minute presenta-

tion on their latest and greatest product and service offerings. Those attending will

have opportunities for prizes.

We are also working on a new Public Relations Program to unveil to our members on Monday. The media landscape has

really changed in recent years. Businesses now are able to go straight to decision makers. Learn how to promote your busi-

ness and utilize those strategies to recruit drivers, present to the school board and parent groups.

On Monday evening, join us for a special evening starting with the MSBOA Social Hour sponsored by Dave Bakken, Wells

Fargo Insurance Services. We will then enjoy the Presiden’t Banquet, and the Transportation Specialist Awards Ceremony

and the MSBOA Safety Raffle.

On Tuesday morning we will begin our day with the General Business Session and Board Elections, followed with a Hot Top-

ics presentation by Tom Revnew. Tom Keliher will then be providing a program entitled “Legislative 101”. Have you ever

been interested in how a bill becomes a law, or how things work at the State Capitol? This program will walk you through

the basics!

We will close our conference with the final presentation of the day with the State Patrol and Driver and Vehicle Services

Updates and lunch.

Keynote Speaker, Joe Schmit

Page 2: Msboa june 2015

Summer Thoughts 2015

So another year has come and gone. Our industry still isstrong and focused on safety, efficiency, and getting a mostimportant job done the very best way we can. Not too manyindustries can say the same. Take a look at how this has allaffected us. In the big picture we are all thankful, grateful,

and happy that the year has ended on a safe note.

At the upcoming summer conference at Sugar Lake Lodge just outside of GrandRapids we will be celebrating our achievements from the last year and also joining ourfellow contractors and Transportation Specialists as we look to the future. And ofcourse try to learn a bit more about how to do it better and also smarter. Sunday after-noon is the famous 9 hole Golf Mixer with vendor activities at each hole. Show yourgolfing skills and win fabulous prizes! On Monday morning enjoy presentations by ourlong time vendors as they show their wares. “Ask a Trooper” question and answer peri-od should be well attended. See presentations on how to deal with PR Topics alongwith our MSBOA general business session on Tuesday morning. Hear Legislativeupdates and finally an update from the DVS & Highway Patrol Tuesday morning also.There is always something to learn.

And of course on Monday night June 15th, 2015 is the Presidents Banquet. A greatsocial hour followed by a wonderful meal is then followed by the “Transportation Spe-cialist Awards” along with the “Lifetime Achievement Award” and also the “Jim DeveauAward” for 2015. And after all that there is the MSBOA Safety Raffle. Support yourassociation by getting a raffle ticket(s) and take a chance. This is a major fund raiserfor the MSBOA and we all need to help out every way we can.

We all need to be thankful for a safe year. Make sure you have your reservations in forthe MSBOA Summer Convention on June 14-16, 2015. We are looking forward to see-ing you all there!

Stay Safe and Be Kind!Sincerely,Rudy Lundahl, President of the MSBOA

2

BBOardOard OFOFddirecTOrsirecTOrs

RAYME BERNICK, DELANO

7763.972.3991/CELL 612.702.8954

[email protected]

ROBBIE ELLIOT, MOORHEAD

218.233.3404/CELL 701.730.4954

[email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/CELL 507.254.3828

[email protected]

DOUG GRISIM, LAKE CITY

651.345.4112/CELL 651.380.9063

[email protected]

TOM HEY, MARSHALL

507.532.4043 /CELL 507.829.7365

[email protected]

KEN INSELMANN, WILLMAR

320.235.2110/CELL 320.212.8543

[email protected]

SHELLY JONAS, ANNANDALE

320.274.8313 / CELL 612.599.0431

[email protected]

BRIAN KOCH, WACONIA

952.442.3370/CELL 612.599.1100

[email protected]

JIM KOONST, BELLE PLAINE

952.873.2362 / CELL 952.292.2762

[email protected]

STEVE LATOUR, ST. PAUL

651.251.8080 / CELL 651.587.6292

[email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / CELL 218.343.6846

[email protected]

MICHAEL PUTzKE, PAYNESVILLE

320.243.4455 / FAX 243.4450

[email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ CELL 651.470.7948

[email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / CELL 612.245.6579

[email protected]

BETHANY SCHUBERT, SAINT STEPHEN

320.251.1202 / CELL 218.851.2061

[email protected]

PAUL WINTERFELDT, PERHAM

218.346.4599 / CELL 218-298-1825

[email protected]

The OperatorMISSION STAT E ME NT:

THE PURPOSE OF THE OPERATOR

IS TO PROVIDE THE MEMBERSHIP

OF THE MINNESOTA SCHOOL BUS

OPERATORS ASSOCIATION WITH

INFORMATION REGARDING

CURRENT INDUSTRY ISSUES.

THE OPERATOR IS PUBLISHED 11

TIMES A YEAR BY THE MSBOA,

10606 HEMLOCK ST. NW •

ANNANDALE, MN 55302.

FOR MORE INFORMATION CALL

320-274-8313.

E-Mail [email protected] or

FAX: 320-274-8027.

Website: www.msboa.com

SUBSCRIPTIONS ARE FREE

WITH MEMBERSHIP. AdditionAl

subscriptions Are $24.00 A

yeAr. COPYRIGHT 2015

MEMBERS MAY MAKE PHOTO-

COPIES OR USE ARTICLES AS

NECESSARY PROVIDING THE

SOURCE IS CITED.

CO-EDITORS:

SHARI DANzEISEN & SHELLY

JONAS

LAYOUT & DESIGN: SHARI DANzEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSARILY REPRESENT THEOPINIONS OF THE ENTIRE MEM-BERSHIP OR ITS BOARD OF DIRECTORS.

PRESIDENT

RUDy LUNDAHL

FIRST VICE PRESIDENT

JOSH SCHIFFLER

SECOND VICE PRESIDENT

BRIAN KOCH

TREASURER

TOM HEy

From the PresidentRudy LundahlVoyageur Bus Company, Duluth, MN

Page 3: Msboa june 2015

Most events and outcomes at the State Capitolhave some level of certainty before they begin.This Session began with some predictability,given a new State House Republican Majority,a DFL Senate up for reelection next year, anda 2nd term Governor who said he is not run-ning for elective office again and is not “behold-ing” to anyone. Early in the year the three“teams” mostly kept to themselves and pushedtheir own agenda. As the Legislative Sessionbegan to finalize a two year budget a threesided football game began. The Governor, theState House and the State Senate, two ofwhich are controlled by Democrats, eachestablished what was important to their team.

The beginning of the 2015 Minnesota StateLegislative Session (the first year of the twoyear 89th Session) had optimism and pes-simism running neck and neck towards a finishline. At the end, Monday, May 18th the goals,philosophy, ideology, and political allegiance ofState government leadership all collided to pro-duce only one half of the State’s major fundingbills. Left on the sidelines: a Taxreduction/rebate Bill, a transportation Bill thatwould have authorized at least a 16 cent pergallon wholesale sales tax on motor fuels, anda Pre-K education proposal of the Governor’sto provide free universal Pre-K providedthrough School Districts.

As has happened when divided political controlof State Government exists, the Governorvetoed three major spending bills; Education,Jobs and Energy, and Agriculture/Environment.Together, the three vetoed spending Bills rep-resent more than 50% of the State’s annualbudget. The Governor vetoed the EducationFinance Bill, and stated as such before he hadthe paperwork to perform the “veto.” The 2015Session did not complete a new two-year StateBudget and now requires a Special Session toenact the 2016-2017 State Budget. SpecialSessions are called for by a Governor, but aGovernor cannot dictate the agenda without apre-agreement with the Majority Leader of theSenate and the Speaker of the State House.

The unique feature of this impending “FirstSpecial Session” of 2015 will be that the StateCapitol is closed for renovation. And when Isay closed, I mean closed. Workers were tak-ing every stick of office furniture, pen and pen-cil, computers etc. out of the State Capitol min-

utes after Mid-night when Session un-ceremo-nially adjourned. When the “Special Session”does convene, constitutionally required to be inSt. Paul, it will be nothing short of a “circus.” Asall the functions of a “State Capitol” will need tobe created out of thin air and the technologymay revert back to pre-electricity law making.

Throughout the 2015 Session, MSBOA hasbeen advocating for a solution to weeks andsometimes multiple month long delays inlicensing and certification for school bus dri-vers. The Minnesota State House was until theend very supportive of our 3rd Party Testing,background check alternatives, and temporarylicense option. As stated before, the Depart-ment continued to defend the current systemas appropriate and timely. MSBOA held to ourviews of the Department’s systems as bureau-cratic and untimely in the processing of basicpaperwork and testing. MSBOA will continueto communicate with the Legislature, callinginto question the Department of Public Safety’sDivision of Driver and Vehicle Services currentAdministrative Rules on testing and licensing.

Our contention is that current practices at Dri-ver and Vehicle Services are not adequate forthe needs of an industry with workforce short-ages partly due to licensing and certificationbureaucracies. MSBOA’s proposals for Com-mercial Drivers licensing reforms will continuethrough the next Session, with the goal of caus-ing the Department to have paperworkprocessed more expediently, and to allow for amore open and extensive 3rd Party testing pro-grams.

At the conclusion of the Regular 2015 Session,the State House and the State Senate had sentthe fewest Legislative Chapters to a Governorsince Statehood, 80 in total. Legislators in theHouse and Senate introduced roughly 2400Legislative proposals, not a surprisingly largenumber. But, in a year with new GOP StateHouse leadership, a DFL Senate up for re-elec-tion in 2016, and a for all intents and purposesa “lame duck” Governor, expectations werehigh but the outcomes became few.

During any Legislative Session, issues arisethat are unforeseen and/or un-known prior toBill introductions. This Session had threeschool bus transportation related issues thatdid not become law, but were discussed in

commit-tee hear-i n g s .The firstwas aproposalto limit adriver of a TYPE III vehicle from receiving morethan one seat belt violation ticket for the actionsof passengers under 15 years of age not wear-ing seat belts in a TYPE III vehicle equippedwith seat belts. This proposal did not becomelaw.

A second TYPE III vehicle proposal would haveamended the passenger and weight limits forwhat would qualify as a TYPE III vehicle. TheBill would have raised the passenger limit from10 to 15, and increased the vehicle weight limitfrom 10,000 pounds to 26,000 pounds. Thisproposal was an attempt to utilize vehicles in acommunity for both school transportation andother community events. This proposal did notbecome law, and was likely contrary to FederalLaw.

Continued on Page 8.

3

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Page 4: Msboa june 2015

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5

Peggy Burns is nationally recognized attorney who specializes in school transportation. After two decades of serving as a

vital resource on legal issues for the pupil transportation industry, Peggy Burns will retire at the end of 2015. Burns has spo-

ken at MSBOA Conferences on several occasions.

In an interview with School Bus Fleet, Burns stated that she always appreciated working with people who had a “real hunger”

to do things better. She said that this desire displayed by school transportation professionals made it rewarding to help an

often unsupported part of the education system. As her gift back to the industry she served, she is removing copyright restric-

tions on her quarterly newsletter “Legal Routes” so that the information can be shared.

The May Issue addresses the issue of Foreseeability. This is a legal term that is often used to address what a reasonable

person might foresee as a result of an action. For example, if you do not use a coaster, a reasonable person would foresee

that you would leave a ring mark and perhaps damage a wood surface.

In Special Transportation, the issue of foreseeability can be the “kiss of death” according to Peggy Burns. If your special

needs drivers are aware of certain disabilities their riders have, that can render the likelihood of harm as foreseeable.

For example, if an autistic student gets very upset when their routine changes and the driver lets the student off at a differ-

ent stop, the courts could argue that the driver should have foreseen that this could cause harm to the student. Burns ref-

erences a case where an autistic student fell asleep on the bus. The student awoke and was found by a stranger. The par-

ents sought damages in federal court that the incident caused severe anxiety. The courts agreed and allowed the plaintiff’s

charge proceed on the charge that the district lacked policies, procedures and training needed to protect students rendered

vulnerable because of autism.

This topic seems particularly relevant in Minnesota because of change in state statute which now requires paraprofessionals

to have student specific knowledge about the unique needs of the student’s disability and how it affects the student’s edu-

cation and behavior. There seems to be some question as to whether or not bus aides qualify as a paraprofessional in each

district. The bigger picture is that more education is better when dealing with special needs. Drivers and bus attendants need

to be trained on specific disabilities and the specific needs of their passengers. Following the minimum requirements could

be placing the driver in a precarious position with respect to the foreseeability issue.

Foreseeability By Shelly Jonas

Best Values:

Legal Hotline for MSBOA members

Employee Handbook & Employment Materials Package $1,075 (includes 2 hours

of attorney time – hourly rates thereafter)

Drug & Alcohol Testing Package $525 (includes 1 hour of attorney time – hourly

rates thereafter)

Ask for MSBOA discounts on Handbook ($100) and on D/A TestingPackage ($50)

Contact Tom Revnew

7300 Metro Blvd, Suite 500 | Minneapolis, MN 55439

Tel 952.921.4622 | Fax 952.896.1704 www.seatonlaw.com

Page 6: Msboa june 2015

6

Save Big on New GM Vehicles through

MSBoA Benefit with GM Fleet & Commercial!!!!There is a new form for 2015! • See www.msboa.com for more information!

The MSBOA is offering a new benefit through GM Fleet & Commercial. Many of the vehicles you buy

including pick-ups, vans, and SUV’s are available at a discount for MSBOA Members. Go to www.

msboa.com for all of the information. Included is a list of all the vehicles eligible for the discount and how

much the discount is. There is also a form online on our website for you to print out and bring to your deal-

er that gives your dealer the proper fleet pricing code for our organization.

If you are planning to purchase new vehicles soon - be sure check it out and take advantage of these sav-

ings!

As a valued member of Minnesota School Bus Operator's Association, you areentitled to using Thomas Revnew of Seaton, Peters & Revnew Legal Hotline freeof charge. During each six month period, you will be entitled to two free fifteen-minute telephone calls to the Hotline. MSBOA encourages you to use this free

service. When using the hotline, please follow the following procedure:

1. Call Tom Revnew's direct dial, which is (952) 921-4622.

2. Identify yourself, your company name and that you are a client of MSBOA.

3. If Tom Revnew is not available, please leave a voicemail with the information described above and Tom will return the call as soon as possible.

4. If Tom Revnew is not available and your call is an emergency, please dial "0" when you receive Tom's voicemail and you will be transferred to the receptionist.

Need legal Help? It’s Just a Phone Call Away!

check OUT www.msboa.com

Looking for new training ideas for your current drivers? Looking to update some

of your old training materials for new drivers?

Look NO FURTHER!!! In 2008, MSBOA partnered with MAPT to create “Inspect-

ing your School Bus” DVD in HD.

Copies are available for immediate shipment. Please go to www.msboa.com for

ordering information.

Pre-Trip Inspection dVd

Page 7: Msboa june 2015

“Summer break is here. It must be nice to have the summer off.” How many of you have heard that from community members, friends and even some

relatives?

Summer maintenance, office work, cleaning, organizing, etc, etc. Now that the school year has ended we take a quick breath and start working on the

long list of things to do over the summer. Then add in our association’s conference in June and Train the Trainer in July and any other conferences and

training you may have scheduled and poof, the summer is half over.

Speaking of Train the Trainer, it is sure to be a great one this year. It is the 25th anniversary of the MAPT’s all-encompassing training seminar. The five

day conference covers material for driver trainers, technicians, managers, dispatchers and special education staff. This year they will have a mock crash

which will reenact the Cottonwood school bus crash. For more information check out their website www.mnapt.org.

Every few years we get a couple extra days of summer break because of how Labor Day falls. Even with that being the case there never seems to be

enough time, and school registration and open house are here before we know it. Some contractors stay busy with summer school and other activities,

some have fewer buses on the road. No matter what the case, none of us have “the summer off.” If anything, we can cut back to what would be con-

sidered normal business hours, and that to us is a break. Have a great summer everyone!

Michael Putzke, Paynesville Motor & Transfer, Paynesville, MN

7

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Page 8: Msboa june 2015

8

How School Transportation Has Affected My LifeBy Brittany Szybczynski

2015 Recipient of the MSBOA Joe Beaton Memorial Scholarship, Duluth, MN

Every school day, approximately 500,000 buses transport more than 25 million of America’s children. In Minnesota, at least

10,000 school bus trips are made every day to help take children to and from school. School transportation is vital. Without

it, many children would not have a stable way to and from school.

Recently, my mom showed me a home film of my first day of school. The movie should me walking out of our front door to

find that my school bus had just passed my street. I shouted, “THE BUS!”. Little did I know that the driver actually didn’t miss

my stop, but was just following his route maps. The bus driver I had for that school year was very nice, and allowed every

preschool student to get a chance to open the bus door for their stop. I remember that pretty well since it hurt my thumb push-

ing the lever.

Riding the bus has been a great experience for me. I’ve rode the bus since preschool, but since I’m a senior this year, I only

ride occasionally since I drive. My mom would always contact the local bus company a few days ahead of time to let the dis-

patchers know to tell my bus drivers that I needed to sit in the front seat of the bus. No, this wasn’t because I misbehaved.

If I sit towards the back of any moving vehicle, I get very bad motion sickness.  My drivers were always very good about keep-

ing at least one front seat open for me.

Since I sat in the front of the bus, I developed some great friendships with my drivers. These drivers and I are still friends

today, and I don’t think we would be if it weren’t for my mom being a bus driver herself. She drivers for Voyageur Bus Com-

pany in Duluth, MN and she says it’s the best job she’s ever had.

The bus company my mom works for also has given me the title of “unofficial staff photographer” for when they transport peo-

ple at different community events. Also, this is something that would’ve never happened if my mom weren’t a school bus dri-

ver. I am always beyond thrilled to take photos for them, even if I have to wake up very early. Almost every driver recognizes

me because of this, so I’ve made even more friends through my mom’s job.

Needless to say, school transportation has opened many opportunities to create friendships with people other than my class-

mates. It has also given me countless ways to be creative with my photography, since buses are a different subject for pho-

tos.

I would like to thank the scholarship committee for taking the time to read my essay and for considering me for this wonder-

ful scholarship. It would be an honor to be a recipient for the Joe Beaton Memorial Scholarship. Again, thank you for your

time!

Another proposal that did not become law would have more tightly defined trespassing on a school bus. This proposal had successful hearings in theState House and State Senate, passing 58-0 off the Senate Floor in early May. The Bill would have defined a person who boards a school bus whenthe bus is on its route or otherwise is in operation and refuses to leave the bus on demand of the bus operator to be guilty of a misdemeanor. This billwas sponsored by MAPT and unfortunately was caught up in the last few weeks of a very contentious Legislative Session, and did not receive a vote onthe House Floor in the last days.

As much of the State Budget is still left in-complete, and a Special Session waiting to convene, Minnesota is still in very good financial status. The Stateis basically flush with cash, and even after negotiations complete a 2016-2017 State Budget (in June,) Minnesota will have more than one Billion dollarsin the State’s reserve/cash flow accounts. For now, the Governor is pushing for some level of funding for universal pre-kindergarten and some non-edu-cation policy and funding issues. The transportation/transit proposal to create a wholesale motor fuels sales tax and a metro-wide sales tax increase willcontinue to be an issue throughout next year and likely will be a 2016 election issue as the tax increase is likely to not become law in this current Leg-islature.

As always, if members have any questions or comments please call at 612-723-5168 or email at [email protected]

legislative Update Continued from Page 3.

Page 9: Msboa june 2015

As I have previously noted, the world of labor and employment law is constantly changing. The following is a summa-ry of some of the more notable changes under federal and state laws.

FeDerAL LAW uPDATeNew SBC Template: In the December 2014 notice of proposed rulemaking, the Department of Labor, Health, andHuman Services, and the Treasury proposed changes to the Summary of Benefits Coverage (SBC) well as a new SBCtemplate and associated documents. The Department of Labor is looking to reduce the size of the SBC format that employers and insurers use to noti-fy employees on the basics of health plan information. Due to employers’ and insurers’ concerns of likely compliance failure violations, the DOLannounced that the template will be finalized by January 2016 and will apply to coverage that would renew or begin on the first of the first plan year thatbegins on or after January 1, 2017.

OSHA Revised Poster: The Occupational Safety and Health Administration unveiled a new version of its “Job Safety and Health – It’s The Law!” poster.The latest edition has many text changes, including new and deleted language. OSHA says on its website, “Employers do not need to replace previousversions of the poster.”

EEOC Must Not Be Quick To Sue: In Mach Mining v. EEOC, the U.S. Supreme Court unanimously ruled that the Equal Employment Opportunity Com-mission must at least try to resolve complaints before filing lawsuits at companies it accuses of discrimination. In this case, the EEOC issued just twoletters to the employer and then filed a lawsuit in federal court.

EEOC’s Wellness Incentive: In April 2015, EEOC issued a proposed regulation on wellness incentive as they relate to the Americans with DisabilitiesAct (ADA). The basics of the proposal include the following:• Wellness Programs that include disability-related inquires or medical examinations, “voluntary” means that:• Employees are not required to participate,• Employees are not denied coverage for failure to participate, and • Employees are not subjected to any adverse employment action, retaliation, intimidation, or coercion for failure to participate. • Wellness Programs that includes disability-related inquiries or medical examinations and is part of a group health plan, the employer must provide a

notice that clearly explains:• What medical information will be obtained,• Who will receive the medical information,• How the medical information will be used,• The restriction on its disclosure, and• The methods that will be used to prevent improper disclosure of the medical information. • Programs must be reasonably designed to promote health or prevent disease.• Reasonable accommodations must be provided for all wellness programs.• Maximum allowable incentive for participation in a wellness program or for achieving certain health outcomes is 30% of the total cost of employee-only coverage. (only applies to wellness programs that require disability-related inquiries or medical examination in order to earn an incentive)• HIPPA permits a 50% incentive limit for wellness programs that prevent or reduce tobacco use. However, if disability-related inquiries or medical exam-inations are used for the wellness program then the 30% limitation applies.• Employers may only receive medical information obtained by wellness programs in aggregate form except as needed to administer the health plan.

Easier to Correct Mistakes for Elective Deferrals in 401(k)s: The IRS announced changes that make it significantly easier to correct employee deferralmistakes, known as elective deferrals. A employer is not required to make a correction for the missed elective deferrals if the 401(k) has automatic enroll-ment and it either (1) does not automatically enroll employees in accordance with the terms of the plan or (2) does not implement an employee’s affir-mative election so long as the employee is enrolled in the plan within 9-1/2 months following the end of the plan year of the failure. The employer muststill make a correction equal to the matching contribution on the missed elective deferrals. For plans that do not have automatic enrollment, the employ-er does not have to make a contribution for the missed elective deferral if the elective deferral failure occurs for less than three months.

MINNESOTA AND ELSEWHERE:“Responsible Contractor” Law: On May 17, 2015, the Minnesota Legislature passed HR 1257. The bill will be presented to Governor Dayton for his sig-nature. The bill amended the term “contractor” to include the term “motor carriers”, which is also defined in the bill. Thus, motor carriers are subject tothe same minimum criteria in subdivision 3 as contractors. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any oneof the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a constructioncontract with the State of Minnesota.

Michigan Bill to Repeal Prevailing Wage Law: On May 14, 2015, the Michigan Senate approved a bill to repeal the state’s prevailing wage law. Michi-gan law currently requires contractors to provide union wages and benefits on government-funded construction projects, such as schools. The threebills, which passed 22-15, seek to repeal this requirement. Despite Gov. Rick Snyder’s strong opposition to the bill, it is unclear whether he will veto itonce it reaches him.

Legal Notes 9

hoTline Phone: (952) 921-4622

By Thomas Revnew, esq., of seaTon, PeTeRs & Revnew

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10

How School Transportation Has Affected My LifeBy Rachel Clark

2015 MSBOA Joe Beaton Memorial Scholarship Recipient, Montevideo, MN

School transportation has affected my life in many ways. It has taught me a multitude of valuable life lessons as well as forc-

ing me to reach out to new people. School transportation has made a vast impact on my life including the skills of patience,

respect, hard work and perseverance.

First, school transportation has taught me how to be social. I had been riding the bus for ten years and made many friends

from it. One of my best friends, who I have known for thirteen years, is due to riding the bus. Next, school transportation

forced me to learn time management. I had to figure what time I needed to wake up and get ready in order to make it to the

bus on time. Many times, I would accomplish my homework on the bus ride back home since I was one of the last ones to

get off. I learned patience from school transportation as well. Having a multitude of screaming kids riding the bus taught me

that I just had to settle with the disruptions and it would only get better the more stops we made after school. Experiencing

these many years of riding the bus, I was taught to be courteous to the bus driver. They put up with more distractions and

headaches than people care to realize.

Having my father and grandfather own our bus company, Clark Transportation, opened my eyes also to how thankful we

should be to our drivers. I have had the opportunity to converse with our many drivers. They have told me the stresses they

face every day. I have great respect for bus drivers seeing how they are faced with multiple challenges a day but they still

come back. Finally, the biggest impact school transportation had made in my life is hard work and perseverance. Working

for Clark Transportation introduced me to what the word “work” actually means. I went in many times and did the job even

if I did not want to. It taught me the job always needs to be finished.

Learning the valuable life skills of patience, respect, hard work, and perseverance, School Transportation has made a per-

manent imprint on my life. It has taught me how to make lifelong friends and maintain time management as well. For these

many virtues I now possess, I only have school transportation to thank.

How School Transportation Has Affected My LifeBy Emily Donnay

2015 MSBOA Joe Beaton Memorial Scholarship Recipient, Kimball, MN

Ever since I fist started going to school, I rode the bus. As a young child I didn’t mind riding the school bus. I had a great

bus driver and for our family, it was a short ride. Somehow we got lucky enought to be the last ones picked up and the first

ones dropped off. School transportation has affected my life in ways that I have simply taken for granted. Through it, I have

been taught life lessons that can be implied every day.

I’ll always remember the mornings I spent walking up our long driveway with my siblings to catch the bus; loaded down with

our back packs on our backs. We all dreaded being late and having to run, so we always tried to leave the house early.

Unfortunately, we didn’t always make it on time but our bus driver would never leave us behind. We also hated standing on

top of the driveway in the freezing cold during the winter months, so we had to find a happy medium between being too early

and being late. Having to ride the bus from early on has taught me that being on time in life is important.

When I started fourth grade we got switched to riding a different bus in the mornings. I wasn’t very excited about this because

I really liked the bus driver we had. She was caring and I felt welcomed on her bus. When I found out who our new bus dri-

vers was going to be I was devastated. We got put on her husband’s morning bus route. I was a shy, little fourth grader at

the time and didn’t really know what to expect. When the first day of school rolled around, I dreaded getting on that bus but

I had to get on anyway. In the end, it turned out to be better than I imagined. This experience of riding the bus taught me

that change isn’t always bad in life. Although, in some cases, it’s not always good, you have to learn to make the best out

of every situation you’re thrown into.

All in all, school transportation has had a positive effect on my life. I’ve realized that having the opportunity to ride the bus

should never be taken for granted. For the most part it was a great learning experience. I not only was taught valuable life

lessons but also go the chance to meet some pretty nice, kind hearted people.

Page 11: Msboa june 2015

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MSBoA drug Testing ProgramThe MSBOA has teamed up with Clinical Research Labs for

your drug testing needs as required for DOT testing. The pro-

gram was designed to support the MSBOA and to help control

costs for its members. For more information or to join the pro-

gram contact: William Coens

800-445-6917x5428

[email protected]

or [email protected]

eMPloyMeNT PrACTICeS lIABIlITy INSUrANCeChubb Insurance, one of the largest EPL carriers in the coun-

try, has partnered with the MSBOA and Ahmann-Martin to pro-

vide a cost effective EPLI policy option containing all the typical

protections often found within EPL policies along with a few

other additional protections. Claims such as “wrongful dis-

charge” claims, wage and hour and immigration claims are cov-

ered under this policy. Additionally, Chubb and Ahmann-Martin

have agreed to share a portion of their profits with the MSBOA

arising out of the sale of this product to the membership. Fur-

thermore the policy will allow members to choose Seaton,

Peters and Revnew as their legal counsel, if they wish, to

defend against any employment-related lawsuit rather than

being appointed to the insurance company’s counsel who may

not have experience in the transportation industry.

Jake Omann, Ahmann-Martin Risk and Benefits Consulting

7555 Market Place Drive, Eden Prairie, MN 55344

D: 952-947-9747| C: 612-207-3728

[email protected]

Trusted employees has put together a special offer for

MSBOA Members. We will be posting the information on our

website. Make sure to log in the Members Benefit section for

more details.

International onCommand Account Hoglund Bus Company has provided access to anyone who is

a member of the MSBOA to International’s OnCommand IC

Bus Service Portal. you can look up warranty information and

diagnostic support.

Contact Linda Rein at Hoglund’s: 763-271-2950.

other BenefitsAdditionally, through our partnership with Business Advantage

we are able to offer savings at Grainger, Office Max and Office

Depot, HP as well as fuel at Holiday. All of these offers are on

our website.

AC delco/Factory Motor PartsThe MSBOA has partnered with AC/Delco Factory Motor Parts

to enable cost savings for you on your OEM parts.

Representatives from AC/Delco Factory Motor Parts will be in

contact with your operation to see if they can help you save

money on parts.

MsBOa Member special OffersAs part of an on-going effort to supply you with added value to your MSBOA membership, we offer the following programs:

According to the State Patrol, random inspections have not been going well. They have been having issues with waivers.

Drivers should carry their license and waiver at all times. Make sure that drivers have licenses with the proper endorse-

ments. you can check for free at mndriveinfo.org under the DL Status icon.

Pre-trip inspections are also a very important piece of the puzzle when it comes to school bus safety. Make sure drivers are

reporting issues and that mechanics are following through. Dispatchers should watch to make sure that the drivers are com-

pleting the inspection. Or have staff walk through the buses later in the day to double check pretrips. The State Patrol

encourages carriers to play the role of a trooper to see what issues they can find.

Trp. Kelly Johnson (2800) was promoted to Technical Sergeant as a school bus inspector in the Commercial Vehicle Sec-

tion. Johnson will replace Sgt Jim Senenfelder who retired May 1.

Trooper Johnson started his law enforcement career as a Deputy with the St. Louis County Sheriff’s office before coming to

the State Patrol in 2005. He has an extensive military career that started in 1993 and is currently a Major in the Army

Reserves. Trooper Johnson has a Bachelor of Science degree in Criminal Justice from Bemidji State University.

Johnson will start on June 10th and will be at the MSBOA Summer Conference. Make sure to attend so you can meet John-

son.

State Patrol News

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02MsBOa Planner

Save these dates!

minnesota School Bus Safety Committee

meets 3rd Weds. of every month

Locations Vary

Contact: John Thomas 952-556-6161

Transportation Issues Study Committee

meets 4th Weds. of every month

Contact: Keith Paulson 763-506-1132

Office of Pupil Transportation Stakeholders

Quarterly meetings Held, Dates Vary

Contact: Lt. Brian reu 651-405-6047

mSBOA Summer Conference

June 14-16, 2015

ruttger’s Sugar Lake Lodge

Cohasset, mn

Northern RegionInformation Coming Soon!

Metro RegionSergeant Paul Davis

Metro / Central Regional Trooper

Phone (612) 685-4820

E-mail: [email protected]

Southern RegionSergeant Chad Dauffenbach

Southern Regional Trooper

Phone (507) 430-0791

E-mail: [email protected]

MN State Patrol

ContactsListed to the right is contact infor-mation for the state troopers incharge of school bus transporta-tion.

Use this contact information!They are ready to help with anyquestions or concerns you mayhave!

MsBOa LeGaL hOTLiNe(952) 921-4622 • Tom Revnew at Seaton, Peters & Revnew

MSBOA Office: www.msboa.comDriver/Vehicle Services (DVS): www.dps.mn.gov/divisions/dvsDVS (To Check Driver’s License Status): www.mndriveinfo.org

Department of Public Safety: www.dps.mn.govMN Statutes Search: www.revisor.mn.gov/search

DOT Drug and Alcohol Regulations: www.dot.gov/odapc

Quicklinks: Most Wanted Websites