1.1                          A bill for an act 
  1.2             relating to traffic regulations; making seat belt 
  1.3             violations a primary offense; increasing penalty for 
  1.4             seat belt violations; amending Minnesota Statutes 
  1.5             2002, sections 169.686, subdivision 1; 171.05, 
  1.6             subdivision 2b; 171.055, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 169.686, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  1.11  adjusted and fastened seat belt, including both the shoulder and 
  1.12  lap belt when the vehicle is so equipped, shall be worn by: 
  1.13     (1) the driver of a passenger vehicle or commercial motor 
  1.14  vehicle; 
  1.15     (2) a passenger riding in the front seat of a passenger 
  1.16  vehicle or commercial motor vehicle; and 
  1.17     (3) a passenger riding in any seat of a passenger vehicle 
  1.18  who is older than three but younger than 11 years of age. 
  1.19     (b) A person who is 15 years of age or older and who 
  1.20  violates paragraph (a), clause (1) or (2), is subject to a fine 
  1.21  of ~~$25~~ $50.  The driver of the passenger vehicle or commercial 
  1.22  motor vehicle in which the violation occurred is subject to 
  1.23  a ~~$25~~ $50 fine for a violation of paragraph (a), clause (2) or 
  1.24  (3), by a child of the driver under the age of 15 or any child 
  1.25  under the age of 11.  ~~A peace officer may not issue a citation~~ 
  1.26  ~~for a violation of this section unless the officer lawfully~~ 
  2.1   ~~stopped or detained the driver of the motor vehicle for a moving~~ 
  2.2   ~~violation other than a violation involving motor vehicle~~ 
  2.3   ~~equipment.~~  The Department of Public Safety shall not record a 
  2.4   violation of this subdivision on a person's driving record. 
  2.5      Sec. 2.  Minnesota Statutes 2002, section 171.05, 
  2.6   subdivision 2b, is amended to read: 
  2.7      Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
  2.8   (a) This subdivision applies to persons who have applied for and 
  2.9   received an instruction permit under subdivision 2. 
  2.10     (b) The permit holder may, with the permit in possession, 
  2.11  operate a motor vehicle, but must be accompanied by and be under 
  2.12  the supervision of a certified driver education instructor, the 
  2.13  permit holder's parent or guardian, or another licensed driver 
  2.14  age 21 or older.  The supervisor must occupy the seat beside the 
  2.15  permit holder. 
  2.16     (c) The permit holder may operate a motor vehicle only when 
  2.17  every occupant under the age of 18 has a seat belt or child 
  2.18  passenger restraint system properly fastened.  A person who 
  2.19  violates this paragraph is subject to a fine of ~~$25~~ $50.  ~~A~~ 
  2.20  ~~peace officer may not issue a citation for a violation of this~~ 
  2.21  ~~paragraph unless the officer lawfully stopped or detained the~~ 
  2.22  ~~driver of the motor vehicle for a moving violation as defined in~~ 
  2.23  ~~section 171.04, subdivision 1.~~  The commissioner shall not 
  2.24  record a violation of this paragraph on a person's driving 
  2.25  record. 
  2.26     (d) The permit holder must maintain a driving record free 
  2.27  of convictions for moving violations, as defined in section 
  2.28  171.04, subdivision 1, and free of convictions for violation of 
  2.29  section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
  2.30  169A.53.  If the permit holder drives a motor vehicle in 
  2.31  violation of the law, the commissioner shall suspend, cancel, or 
  2.32  revoke the permit in accordance with the statutory section 
  2.33  violated. 
  2.34     Sec. 3.  Minnesota Statutes 2002, section 171.055, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
  3.1   license holder may operate a motor vehicle only when every 
  3.2   occupant under the age of 18 has a seat belt or child passenger 
  3.3   restraint system properly fastened.  A person who violates this 
  3.4   paragraph is subject to a fine of ~~$25~~ $50.  ~~A peace officer may~~ 
  3.5   ~~not issue a citation for a violation of this paragraph unless~~ 
  3.6   ~~the officer lawfully stopped or detained the driver of the motor~~ 
  3.7   ~~vehicle for a moving violation as defined in section 171.04.~~  
  3.8   The commissioner shall not record a violation of this paragraph 
  3.9   on a person's driving record. 
  3.10     (b) If the holder of a provisional license during the 
  3.11  period of provisional licensing incurs (1) a conviction for a 
  3.12  violation of section 169A.20, 169A.33, 169A.35, or sections 
  3.13  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
  3.14  violation, or (3) more than one conviction for a moving 
  3.15  violation that is not crash related, the person may not be 
  3.16  issued a driver's license until 12 consecutive months have 
  3.17  expired since the date of the conviction or until the person 
  3.18  reaches the age of 18 years, whichever occurs first.  
  3.19     Sec. 4.  [CITATION.] 
  3.20     This act may be cited as the "Herb Brooks Memorial Highway 
  3.21  Safety Act." 
  3.22     Sec. 5.  [EFFECTIVE DATE.] 
  3.23     Sections 1 to 3 are effective August 1, 2004, and apply to 
  3.24  violations committed on and after that date.