SF 42

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to traffic regulations; making seat belt violation a primary offense in all
seating positions regardless of age; making technical changes; providing for
surcharge; amending Minnesota Statutes 2008, sections 169.686, subdivisions
1, 2, by adding a subdivision; 171.05, subdivision 2b; 171.055, subdivision
2; 357.021, subdivisions 6, 7.

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

Section 1.

Minnesota Statutes 2008, section 169.686, subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) new text begin Except as provided in section 169.685, new text end a
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn by deleted text begin :
deleted text end

deleted text begin (1) deleted text end the driver new text begin and passengers new text end of a passenger vehicle deleted text begin or deleted text end new text begin , new text end commercial motor vehicle new text begin ,
commuter van, as defined in section 168.126, a type III school bus, a type III Head
Start bus, and a vehicle with a gross vehicle weight rating less than 10,000 pounds that
is a pickup truck or van new text end deleted text begin ;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age deleted text end .

(b) new text begin Except as provided in section 169.685, new text end a person who is 15 years of age or older
and who violates paragraph (a) deleted text begin , clause (1) or (2), deleted text end is subject to a fine of $25. The driver
of the deleted text begin passenger vehicle or commercial motor deleted text end vehicle in which the violation occurred is
subject to a $25 fine for deleted text begin a deleted text end new text begin each new text end violation of paragraph (a) deleted text begin , clause (2) or (3), deleted text end by new text begin the driver or
by new text end a deleted text begin child of the driver deleted text end new text begin passenger new text end under the age of 15 deleted text begin or any child under the age of 11.
A peace officer may not issue a citation for a violation of this section unless the officer
lawfully stopped or detained the driver of the motor vehicle for a moving violation other
than a violation involving motor vehicle equipment deleted text end new text begin , but the court may not impose more
than one surcharge under section 357.021, subdivision 6, on the driver new text end . The Department of
Public Safety shall not record a violation of this subdivision on a person's driving record.

Sec. 2.

Minnesota Statutes 2008, section 169.686, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (a) "Pickup truck" means any truck regardless of manufacturer's nominal rated
carrying capacity and commonly known as a pickup truck.
new text end

new text begin (b) "Van" means any vehicle of a box-like design with no barrier or separation
between the operator's area and the remainder of the cargo-carrying area, or designed
to carry 15 or fewer passengers, including the driver, regardless of the manufacturer's
nominal rated carrying capacity.
new text end

Sec. 3.

Minnesota Statutes 2008, section 169.686, subdivision 2, is amended to read:

Subd. 2.

Seat belt exemptions.

This section shall not apply to:

(1) a person driving a passenger vehicle in reverse;

(2) a person riding in a deleted text begin seat deleted text end new text begin vehicle new text end in which all the seating positions equipped with
safety belts are occupied by other persons new text begin in safety belts new text end ;

(3) a person who is in possession of a written certificate from a licensed physician
verifying that because of medical unfitness or physical disability the person is unable
to wear a seat belt;

(4) a person who is actually engaged in work that requires the person to alight from
and reenter a motor vehicle at frequent intervals and who, while engaged in that work,
does not drive or travel in that vehicle at a speed exceeding 25 miles per hour;

(5) a rural mail carrier of the United States Postal Service new text begin or a newspaper delivery
person new text end while in the performance of duties;

(6) a person driving or riding in a passenger vehicle manufactured before January 1,
1965; and

(7) a person driving or riding in a pickup truck, as defined in section 168.002,
subdivision 26, while engaged in normal farming work or activity.

Sec. 4.

Minnesota Statutes 2008, section 171.05, subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

(c) deleted text begin The permit holder may operate a motor vehicle only when every occupant under
the age of 18 has a seat belt or child passenger restraint system properly fastened. A
person who violates this paragraph is subject to a fine of $25. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on
a person's driving record.
deleted text end

deleted text begin (d) deleted text end The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.

deleted text begin (e) deleted text end new text begin (d) new text end The permit holder must maintain a driving record free of convictions for
moving violations, as defined in section 171.04, subdivision 1, and free of convictions
for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If
the permit holder drives a motor vehicle in violation of the law, the commissioner shall
suspend, cancel, or revoke the permit in accordance with the statutory section violated.

Sec. 5.

Minnesota Statutes 2008, section 171.055, subdivision 2, is amended to read:

Subd. 2.

Use of provisional license.

(a) deleted text begin A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
deleted text end

deleted text begin (b) deleted text end A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.

deleted text begin (c) deleted text end new text begin (b) new text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.

deleted text begin (d) deleted text end new text begin (c) new text end For the first six months of provisional licensure, a provisional license holder
may not operate a motor vehicle carrying more than one passenger under the age of 20
years who is not a member of the holder's immediate family. For the second six months,
the holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family. This paragraph does not apply if the provisional license holder is
accompanied by a parent or guardian.

deleted text begin (e) deleted text end new text begin (d) new text end For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when
the license holder is:

(1) driving between the license holder's home and place of employment;

(2) driving between the license holder's home and a school event for which the
school has not provided transportation;

(3) driving for employment purposes; or

(4) accompanied by a licensed driver at least 25 years of age.

Sec. 6.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge new text begin , and other than a violation of section
169.686, for which there shall be a $25 surcharge new text end . In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.

Sec. 7.

Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of finance.

(a) Except
as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner
of finance shall credit $47 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the $4 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of
the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

new text begin (e) Notwithstanding paragraphs (b) and (c), the commissioner of finance shall
disburse the entire surcharge received under subdivision 6 for violations of section
169.686 as provided in paragraph (a).
new text end

Sec. 8. new text begin CITATION.
new text end

new text begin This act may be cited as the "Kathryn Swanson Seat Belt Safety Act."
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective June 9, 2009, and applies to acts committed on or after that date.
new text end