Bill Text: MN SF1379 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Health and safety revenue use for facility modifications to improve physical safety of students and staff
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-14 - Referred to Finance [SF1379 Detail]
Download: Minnesota-2013-SF1379-Introduced.html
1.2relating to education finance; expanding health and safety revenue to include
1.3facility modifications necessary to make school facilities more secure for students
1.4and staff;amending Minnesota Statutes 2012, section 123B.57, subdivisions 6,
1.56a, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:
1.8 Subd. 6. Uses of health and safety revenue. Health and safety revenue may be
1.9used only for approved expenditures necessary for the correction of fire and life safety
1.10hazards; remodeling of education facilities directly related to improving the physical
1.11safety of students and staff; design, purchase, installation, maintenance, and inspection of
1.12fire protection and alarm equipment; purchase or construction of appropriate facilities for
1.13the storage of combustible and flammable materials; inventories and facility modifications
1.14not related to a remodeling project to comply with lab safety requirements under
1.15section121A.31 ; inspection, testing, repair, removal or encapsulation, and disposal of
1.16asbestos-containing building materials; cleanup and disposal of polychlorinated biphenyls;
1.17cleanup and disposal of hazardous and infectious wastes; cleanup, removal, disposal, and
1.18repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel
1.19oil, and special fuel, as defined in section296A.01 ; correction of occupational safety and
1.20health administration regulated hazards; indoor air quality inspections, investigations, and
1.21testing; mold abatement; upgrades or replacement of mechanical ventilation systems
1.22to meet American Society of Heating, Refrigerating and Air Conditioning Engineers
1.23standards and State Mechanical Code; design, materials, and installation of local exhaust
1.24ventilation systems, including required make-up air for controlling regulated hazardous
1.25substances; correction of Department of Health Food Code violations; correction of
2.1swimming pool hazards excluding depth correction; playground safety inspections,
2.2repair of unsafe outdoor playground equipment, and the installation of impact surfacing
2.3materials; bleacher repair or rebuilding to comply with the order of a building code
2.4inspector under section326B.112 ; testing and mitigation of elevated radon hazards; lead
2.5testing; copper in water testing; cleanup after major weather-related disasters or flooding;
2.6reduction of excessive organic and inorganic levels in wells and capping of abandoned
2.7wells; installation and testing of boiler backflow valves to prevent contamination of
2.8potable water; vaccinations, titers, and preventative supplies for bloodborne pathogen
2.9compliance; costs to comply with the Janet B. Johnson Parents' Right to Know Act;
2.10automated external defibrillators and other emergency plan equipment and supplies
2.11specific to the district's emergency action plan; and health, safety, and environmental
2.12management costs associated with implementing the district's health and safety program
2.13including costs to establish and operate safety committees, in school buildings or property
2.14owned or being acquired by the district. Testing and calibration activities are permitted for
2.15existing mechanical ventilation systems at intervals no less than every five years.
2.16EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
2.17and later.
2.18 Sec. 2. Minnesota Statutes 2012, section 123B.57, subdivision 6a, is amended to read:
2.19 Subd. 6a. Restrictions on health and safety revenue. Notwithstanding subdivision
2.206, health and safety revenue must not be used:
2.21(1) to finance a lease purchase agreement, installment purchase agreement, or other
2.22deferred payments agreement;
2.23(2) for the construction of new facilities, remodeling of existing facilities except
2.24for remodeling projects designed to enhance the physical safety for students and staff as
2.25provided under subdivision 6d, or the purchase of portable classrooms;
2.26(3) for interest or other financing expenses;
2.27(4) for energy-efficiency projects under section123B.65 , for a building or property
2.28or part of a building or property used for postsecondary instruction or administration or for
2.29a purpose unrelated to elementary and secondary education;
2.30(5) for replacement of building materials or facilities including roof, walls, windows,
2.31internal fixtures and flooring, nonhealth and safety costs associated with demolition of
2.32facilities, structural repair or replacement of facilities due to unsafe conditions, violence
2.33prevention and facility security, ergonomics, or public announcement systems and
2.34emergency communication devices; or
3.1(6) for building and heating, ventilating and air conditioning supplies, maintenance,
3.2and cleaning activities. All assessments, investigations, inventories, and support
3.3equipment not leading to the engineering or construction of a project shall be included in
3.4the health, safety, and environmental management costs in subdivision 8, paragraph (a).
3.5EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.6and later.
3.7 Sec. 3. Minnesota Statutes 2012, section 123B.57, is amended by adding a subdivision
3.8to read:
3.9 Subd. 6d. Remodeling projects to enhance student and staff safety. A school
3.10board may include remodeling projects designed to strengthen the physical safety of
3.11students and staff in its health and safety revenue program under this section if the
3.12remodeling projects have been approved by the commissioner of education. The student
3.13and staff safety remodeling plan must be provided to the commissioner in the form and
3.14manner specified by the commissioner, describe the intended facility improvements, and
3.15demonstrate that the proposed facility modifications are the most cost-effective way to
3.16increase the physical safety of students and staff.
3.17EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.18and later.
1.3facility modifications necessary to make school facilities more secure for students
1.4and staff;amending Minnesota Statutes 2012, section 123B.57, subdivisions 6,
1.56a, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:
1.8 Subd. 6. Uses of health and safety revenue. Health and safety revenue may be
1.9used only for approved expenditures necessary for the correction of fire and life safety
1.10hazards; remodeling of education facilities directly related to improving the physical
1.11safety of students and staff; design, purchase, installation, maintenance, and inspection of
1.12fire protection and alarm equipment; purchase or construction of appropriate facilities for
1.13the storage of combustible and flammable materials; inventories and facility modifications
1.14not related to a remodeling project to comply with lab safety requirements under
1.15section
1.16asbestos-containing building materials; cleanup and disposal of polychlorinated biphenyls;
1.17cleanup and disposal of hazardous and infectious wastes; cleanup, removal, disposal, and
1.18repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel
1.19oil, and special fuel, as defined in section
1.20health administration regulated hazards; indoor air quality inspections, investigations, and
1.21testing; mold abatement; upgrades or replacement of mechanical ventilation systems
1.22to meet American Society of Heating, Refrigerating and Air Conditioning Engineers
1.23standards and State Mechanical Code; design, materials, and installation of local exhaust
1.24ventilation systems, including required make-up air for controlling regulated hazardous
1.25substances; correction of Department of Health Food Code violations; correction of
2.1swimming pool hazards excluding depth correction; playground safety inspections,
2.2repair of unsafe outdoor playground equipment, and the installation of impact surfacing
2.3materials; bleacher repair or rebuilding to comply with the order of a building code
2.4inspector under section
2.5testing; copper in water testing; cleanup after major weather-related disasters or flooding;
2.6reduction of excessive organic and inorganic levels in wells and capping of abandoned
2.7wells; installation and testing of boiler backflow valves to prevent contamination of
2.8potable water; vaccinations, titers, and preventative supplies for bloodborne pathogen
2.9compliance; costs to comply with the Janet B. Johnson Parents' Right to Know Act;
2.10automated external defibrillators and other emergency plan equipment and supplies
2.11specific to the district's emergency action plan; and health, safety, and environmental
2.12management costs associated with implementing the district's health and safety program
2.13including costs to establish and operate safety committees, in school buildings or property
2.14owned or being acquired by the district. Testing and calibration activities are permitted for
2.15existing mechanical ventilation systems at intervals no less than every five years.
2.16EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
2.17and later.
2.18 Sec. 2. Minnesota Statutes 2012, section 123B.57, subdivision 6a, is amended to read:
2.19 Subd. 6a. Restrictions on health and safety revenue. Notwithstanding subdivision
2.206, health and safety revenue must not be used:
2.21(1) to finance a lease purchase agreement, installment purchase agreement, or other
2.22deferred payments agreement;
2.23(2) for the construction of new facilities, remodeling of existing facilities except
2.24for remodeling projects designed to enhance the physical safety for students and staff as
2.25provided under subdivision 6d, or the purchase of portable classrooms;
2.26(3) for interest or other financing expenses;
2.27(4) for energy-efficiency projects under section
2.28or part of a building or property used for postsecondary instruction or administration or for
2.29a purpose unrelated to elementary and secondary education;
2.30(5) for replacement of building materials or facilities including roof, walls, windows,
2.31internal fixtures and flooring, nonhealth and safety costs associated with demolition of
2.32facilities, structural repair or replacement of facilities due to unsafe conditions, violence
2.33prevention and facility security, ergonomics, or public announcement systems and
2.34emergency communication devices; or
3.1(6) for building and heating, ventilating and air conditioning supplies, maintenance,
3.2and cleaning activities. All assessments, investigations, inventories, and support
3.3equipment not leading to the engineering or construction of a project shall be included in
3.4the health, safety, and environmental management costs in subdivision 8, paragraph (a).
3.5EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.6and later.
3.7 Sec. 3. Minnesota Statutes 2012, section 123B.57, is amended by adding a subdivision
3.8to read:
3.9 Subd. 6d. Remodeling projects to enhance student and staff safety. A school
3.10board may include remodeling projects designed to strengthen the physical safety of
3.11students and staff in its health and safety revenue program under this section if the
3.12remodeling projects have been approved by the commissioner of education. The student
3.13and staff safety remodeling plan must be provided to the commissioner in the form and
3.14manner specified by the commissioner, describe the intended facility improvements, and
3.15demonstrate that the proposed facility modifications are the most cost-effective way to
3.16increase the physical safety of students and staff.
3.17EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.18and later.
