HF 1310

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:48am

A bill for an act
relating to pupil transportation; requiring crossing arms on school buses;
amending Minnesota Statutes 2008, sections 123B.57, subdivision 6; 169.447,
by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 123B.57, subdivision 6, is amended to read:

Subd. 6.

Uses of health and safety revenue.

(a) Health and safety revenue may
be used only for approved expenditures necessary to correct fire and life safety hazards,
or for the removal or encapsulation of asbestos from school buildings or property
owned or being acquired by the district, asbestos-related repairs, cleanup and disposal
of polychlorinated biphenyls found in school buildings or property owned or being
acquired by the district, or the cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel,
as defined in section 296A.01, Minnesota occupational safety and health administration
regulated facility and equipment hazards, indoor air quality mold abatement, upgrades
or replacement of mechanical ventilation systems to meet American Society of Heating,
Refrigerating and Air Conditioning Engineers standards and State Mechanical Code,
Department of Health Food Code and swimming pool hazards excluding depth correction,
and health, safety, and environmental management. Testing and calibration activities are
permitted for existing mechanical ventilation systems at intervals no less than every five
years. Health and safety revenue must not be used to finance a lease purchase agreement,
installment purchase agreement, or other deferred payments agreement. Health and safety
revenue must not be used for the construction of new facilities or the purchase of portable
classrooms, for interest or other financing expenses, or for energy efficiency projects
under section 123B.65. The revenue may not be used for a building or property or part
of a building or property used for postsecondary instruction or administration or for a
purpose unrelated to elementary and secondary education.

(b) Notwithstanding paragraph (a), health and safety revenue must not be used for
replacement of building materials or facilities including roof, walls, windows, internal
fixtures and flooring, nonhealth and safety costs associated with demolition of facilities,
structural repair or replacement of facilities due to unsafe conditions, violence prevention
and facility security, ergonomics, building and heating, ventilating and air conditioning
supplies, maintenance, and cleaning activities. All assessments, investigations,
inventories, and support equipment not leading to the engineering or construction of a
project shall be included in the health, safety, and environmental management costs in
subdivision 8, paragraph (a).

new text begin (c) For purposes of this section, the costs associated with retrofitting a school bus
with a crossing arm are considered a life safety code repair and may be included in the
contents of a district's fire and life safety plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for health and safety revenue for
fiscal year 2011.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169.447, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Crossing arms. new text end

new text begin In addition to the requirements in section 169.4501, a
school bus must be equipped with a crossing arm mounted on the front bumper.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end