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Minnesota Legislature

Office of the Revisor of Statutes

SF 1851

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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A bill for an act
relating to transportation; requiring lap or lap and shoulder belts for all school
buses; amending Minnesota Statutes 2006, section 169.447, subdivision 2a.

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

Section 1.

Minnesota Statutes 2006, 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 1, a school bus deleted text beginmaydeleted text endnew text begin mustnew text end be equipped with an approved
lap belt or an approved lap and shoulder belt installed for each passenger-seating position
on the bus. new text beginNew school buses manufactured on and after January 1, 2008, must be
equipped with lap belts or lap and shoulder belts. Owners and operators of school buses
manufactured before January 1, 2008, must retrofit all of the school buses with lap belts or
lap and shoulder belts by January 1, 2012, with at least one-fourth of the fleet retrofitted
each year.
new text endThe design and installation of lap belts and lap and shoulder belts required
under this paragraph must meet the standards of the commissioner established under
paragraph (b).

(b) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end