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HF 392

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/23/2012 01:28pm

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

Current Version - 2nd Engrossment

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A bill for an act
relating to education; modifying provisions relating to school bus safety and
standards; amending Minnesota Statutes 2010, sections 169.4501, subdivisions 1,
2; 169.4503, subdivisions 5, 20, by adding subdivisions; 169.4582, subdivision
2; repealing Minnesota Statutes 2010, sections 169.441, subdivision 5; 169.445,
subdivision 2; 169.454, subdivision 10.

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

Section 1.

Minnesota Statutes 2010, section 169.4501, subdivision 1, is amended to
read:


Subdivision 1.

National standards adopted.

Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A, B, C,
D school buses and multifunction school activity buses used for the transportation of
school children shall meet the requirements of the deleted text begin"bus chassis standards" anddeleted text end "bus body
deleted text begin standardsdeleted text endnew text begin and chassis specificationsnew text end" in the deleted text begin2005deleted text endnew text begin 2010new text end edition of the "National School
Transportation Specifications and Procedures" adopted by the National Congress on
School Transportation. Except as provided in section 169.4504, the construction, design,
and equipment of types A, B, C, D school buses and multifunction school activity buses
used for the transportation of students with disabilities also shall meet the requirements of
the "specially equipped school bus deleted text beginstandardsdeleted text endnew text begin specificationsnew text end" in the deleted text begin2005deleted text endnew text begin 2010new text end National
School Transportation Specifications and Procedures. The deleted text begin"bus chassis standards,"deleted text end "bus
body deleted text beginstandards,deleted text endnew text begin and chassis specificationsnew text end" and "specially equipped school bus deleted text beginstandardsdeleted text endnew text begin
specifications
new text end" sections of the deleted text begin2005deleted text endnew text begin 2010new text end edition of the "National School Transportation
Specifications and Proceduresnew text begin,new text end" new text beginadopted by the Fifteenth National Congress on School
Transportation,
new text endare incorporated by reference in this chapter.

Sec. 2.

Minnesota Statutes 2010, section 169.4501, subdivision 2, is amended to read:


Subd. 2.

Applicability.

(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.

(b) The standards apply to school buses manufactured after December 31, deleted text begin2007deleted text endnew text begin
2012
new text end. Buses complying with the standards when manufactured need not comply with
standards established later except as specifically provided for by law.

(c) A school bus manufactured on or before December 31, deleted text begin2007deleted text endnew text begin 2012new text end, must conform
to the Minnesota standards in effect on the date the vehicle was manufactured except as
specifically provided for in law.

(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.

Sec. 3.

Minnesota Statutes 2010, section 169.4503, subdivision 5, is amended to read:


Subd. 5.

Colors.

Fenderettes may be black. The beltline may be painted yellow
over black or black over yellow. The rub rails shall be black.new text begin The area around the lenses
of alternately flashing signal lamps extending outward from the edge of the lamp three
inches, plus or minus one-quarter inch, to the sides and top and at least one inch to the
bottom, shall be black. Visors or hoods, black in color, with a minimum of four inches
may be provided.
new text end

Sec. 4.

Minnesota Statutes 2010, section 169.4503, subdivision 20, is amended to read:


Subd. 20.

Seat and crash barriers.

deleted text begin(a)deleted text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.

deleted text begin (b) All seats must have a minimum cushion depth of 15 inches and a seat back
height of at least 20 inches above the seating reference point, and beginning October 21,
2009, must also conform to the Federal Motor Vehicle Safety Standard in Code of Federal
Regulations, title 49, section 571.222.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 169.4503, is amended by adding a subdivision
to read:


new text begin Subd. 28. new text end

new text begin Crossing control arm. new text end

new text begin All buses manufactured for use in Minnesota after
January 1, 2013, shall be equipped with a crossing control arm mounted at the right front
corner of the front bumper. The crossing control arm shall be automatically activated
whenever the bus is stopped with the flashing red signals in use.
new text end

Sec. 6.

Minnesota Statutes 2010, section 169.4503, is amended by adding a subdivision
to read:


new text begin Subd. 29. new text end

new text begin Auxiliary fans. new text end

new text begin Additional auxiliary fans are required for school buses
manufactured on or after December 31, 2012, and shall meet the following requirements:
new text end

new text begin (a) Fans for the left and right sides of the windshield shall be placed in a location
where they can be adjusted for maximum effectiveness and where they do not obstruct
vision to any mirror. Type A buses may be equipped with one fan.
new text end

new text begin (b) Fans shall be a minimum of six inches in diameter.
new text end

new text begin (c) Fan blades shall be covered with a protective cage. Each fan shall be controlled
by a separate switch.
new text end

Sec. 7.

Minnesota Statutes 2010, section 169.4503, is amended by adding a subdivision
to read:


new text begin Subd. 30. new text end

new text begin Video/mobile surveillance systems. new text end

new text begin Camera heads for video/mobile
surveillance may be mounted in the driver compartment area, mid-bus, or on a rear interior
bulkhead in the student passenger area. For buses manufactured or retrofitted with a
surveillance system after December 31, 2012, cameras mounted mid-bus must be parallel
to a seat back, must not have any sharp edges, must not extend outward more than three
inches, and must be located within 24 inches of the top of the side window of the bus.
new text end

Sec. 8.

Minnesota Statutes 2010, section 169.4582, subdivision 2, is amended to read:


Subd. 2.

Duty to report; school official.

Consistent with the school bus safety
policy under section 123B.91, subdivision 1, the school principal, the school transportation
safety director, or other designated school official shall immediately report to the local
law enforcement agency having jurisdiction where the misbehavior occurred and to the
school superintendent if the reporting school official knows or has reason to believe that
a student has committed a reportable offense on a school bus or in a bus loading or
unloading area. The reporting school official shall issue a report to the commissioner of
public safety concerning the incident deleted text beginon a form developed by the commissioner for that
purpose
deleted text endnew text begin upon request of the commissionernew text end.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 169.441, subdivision 5; 169.445, subdivision 2;
and 169.454, subdivision 10,
new text end new text begin are repealed.
new text end