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HF 84

as introduced - 90th Legislature (2017 - 2018) Posted on 05/01/2017 02:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to pupil transportation; requiring seat belts on newly purchased school
buses; amending Minnesota Statutes 2016, sections 169.447, subdivision 2a;
169.685, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 169.447, subdivision 2a, is amended to read:


Subd. 2a.

Passenger lap and shoulder belts.

(a) In addition to the requirements in
section 169.4501, subdivision 1deleted text begin ,deleted text end new text begin :
new text end

new text begin (1)new text end a school bus may be equipped with an approved lap belt or an approved lap and
shoulder belt installed for each passenger seating position on the busnew text begin ; and
new text end

new text begin (2) a school bus purchased after December 31, 2017, must be equipped with an approved
lap and shoulder belt installed for each passenger seating position on the bus
new text end .

new text begin (b)new text end The design and installation of lap belts and lap and shoulder belts required under
deleted text begin thisdeleted text end paragraphnew text begin (a)new text end must meet the standards of the commissioner established undernew text begin thisnew text end
paragraph deleted text begin (b)deleted text end . deleted text begin (b)deleted text end The commissioner shall consider all concerns necessary to properly
integrate lap belts or lap and shoulder belts into the current compartmentalization safety
system and prescribe standards for the design and installation of lap and shoulder belts
required under paragraph (a). The standards are not subject to chapter 14 and are specifically
not subject to section 14.386.

(c) This subdivision does not apply to specially equipped school buses under section
169.4504.

(d) A passenger on a school bus equipped with lap belts or lap and shoulder belts must
use these lap belts or lap and shoulder belts unless the passenger, or if the passenger is a
minor, the passenger's parent or guardian, has notified the school district in writing that the
passenger does not intend to wear the lap belt or lap and shoulder belt.

(e) In an action for personal injury or wrongful death against a school district, a school
bus operator under contract with a school district, or any agent or employee of a school
district or operator, or against a volunteer, no such person or entity shall be held liable solely
because the injured party was not wearing a safety belt; provided, however, that nothing
contained herein shall be construed to grant immunity from liability for failure to:

(1) maintain in operating order any equipment required by statute, rule, or school district
policy; or

(2) comply with an applicable statute, rule, or school district policy.

(f) In an action for personal injury or wrongful death, a school district, a school bus
contract operator, any agent or employee of a school district or operator, or a volunteer is
not liable for failing to assist any child with the adjustment, fastening, unfastening, or other
use of the lap belt or lap and shoulder belt.

Sec. 2.

Minnesota Statutes 2016, section 169.685, subdivision 1, is amended to read:


Subdivision 1.

Requirement; exemptions.

After January 1, 1964, all new motor vehicles,
not exempt from Minnesota license fees, other than a bus, deleted text begin school bus,deleted text end motorcycle, motorized
bicycle, farm tractor, road tractor, and truck, sold or offered for sale or registered in
Minnesota shall be equipped to permit the installation of seat belts in the front seat thereof.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 31, 2017.
new text end