1.1 	A bill for an act
1.2 	relating to traffic regulations; prohibiting leaving a
1.3 	child under the age of nine unattended in a passenger
1.4 	vehicle; imposing a penalty; making clarifying
1.5 	changes; amending Minnesota Statutes 2004, section
1.6 	171.13, subdivision 1, by adding a subdivision;
1.7 	proposing coding for new law in Minnesota Statutes,
1.8 	chapter 169.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [169.355] LEAVING UNATTENDED CHILD IN MOTOR
1.11 	VEHICLE.
1.12 		Subdivision 1.Requirement of supervision of young
1.13 	child. A parent, legal guardian, or other person responsible
1.14 	for a child who is under the age of nine may not leave the child
1.15 	inside a motor vehicle if the child is not subject to the
1.16 	supervision of a person 14 years old or older, when:
1.17 	(1) conditions present a significant risk to the child's
1.18 	health or safety; or 
1.19 	(2) the vehicle's engine is running or the vehicle's keys
1.20 	are in the ignition, or both.
1.21 		Subd. 2.Violation. A violation of subdivision 1 is
1.22 	punishable by a fine of not less than $150 for a first offense
1.23 	and not less than $300 for a subsequent offense.  The court may
1.24 	reduce or waive the fine if the violator is economically
1.25 	disadvantaged and attends a community education program that
1.26 	includes education on the dangers of leaving young children
1.27 	unattended in motor vehicles, and certifies completion of the
2.1 	program.  The violator shall submit the certification to the
2.2 	court.  The court may require any violator described in this
2.3 	section to attend an education program on the dangers of leaving
2.4 	young children unattended in motor vehicles.  Nothing in this
2.5 	section shall preclude prosecution under both this section or
2.6 	any other provision of law.
2.7 		Subd. 3.Allocation of fines. (a) Notwithstanding any
2.8 	other provision of law, the fines collected for a violation of
2.9 	this section must be paid by the person collecting the fines to
2.10 	the treasurer of the county where the violation occurred and
2.11 	allocated by the county treasurer, as follows:
2.12 	(1) 70 percent to the health department of the county or
2.13 	city where the violation occurred, to be used by the health
2.14 	department or by a person or organization under contract with
2.15 	the health department to develop and implement community
2.16 	education programs on the dangers of leaving young children
2.17 	unattended in motor vehicles, and for the activities listed in
2.18 	paragraph (b);
2.19 	(2) 15 percent to the county or city to administer the
2.20 	program and for the county's costs to account for and disburse
2.21 	fine revenues; and 
2.22 	(3) 15 percent to the city to be deposited in its general
2.23 	fund, except that if the violation occurred in an unincorporated
2.24 	area, this amount must be deposited in the county's general fund.
2.25 	(b) Each county and city health department shall prepare
2.26 	and annually update a list of community education programs that
2.27 	provide information on the dangers of leaving young children
2.28 	unattended in motor vehicles and ways to avoid that danger.  The
2.29 	county or city health department shall forward the list to the
2.30 	courts and shall make the list available to the public.

2.31 	Sec. 2. Minnesota Statutes 2004, section 171.13,
2.32 	subdivision 1, is amended to read:
2.33 		Subdivision 1.Subjects tested. (a) Except as otherwise
2.34 	provided in this section, the commissioner shall examine each
2.35 	applicant for a driver's license by such agency as the
2.36 	commissioner directs.  This examination must include:
3.1 	(1) a test of applicant's eyesight; ability to read and
3.2 	understand highway signs regulating, warning, and directing
3.3 	traffic; knowledge of traffic laws; knowledge of the effects of
3.4 	alcohol and drugs on a driver's ability to operate a motor
3.5 	vehicle safely and legally, and of the legal penalties and
3.6 	financial consequences resulting from violations of laws
3.7 	prohibiting the operation of a motor vehicle while under the
3.8 	influence of alcohol or drugs; knowledge of railroad grade
3.9 	crossing safety; knowledge of slow-moving vehicle safety;
3.10 	knowledge of traffic laws related to bicycles; and knowledge of
3.11 	the dangers of, and penalties for, leaving children unattended
3.12 	in motor vehicles;
3.13 	(2) an actual demonstration of ability to exercise ordinary
3.14 	and reasonable control in the operation of a motor vehicle; and
3.15 	(3) other physical and mental examinations as the
3.16 	commissioner finds necessary to determine the applicant's
3.17 	fitness to operate a motor vehicle safely upon the highways,
3.18 	provided, further .
3.19 	(b) However, no driver's license shall be denied an
3.20 	applicant on the exclusive grounds that the applicant's eyesight
3.21 	is deficient in color perception. Provided, however, that war
3.22 	veterans In addition, the commissioner shall grant a driver's
3.23 	license to each war veteran operating a motor vehicles vehicle 
3.24 	especially equipped for a handicapped persons, shall,person if
3.25 	the veteran is otherwise entitled to a license, be granted such
3.26 	license.
3.27 	(c) The commissioner shall make provision for giving these
3.28 	examinations either in the county where the applicant resides or
3.29 	at a place adjacent thereto reasonably convenient to the
3.30 	applicant.

3.31 	Sec. 3. Minnesota Statutes 2004, section 171.13, is
3.32 	amended by adding a subdivision to read:
3.33 		Subd. 1i.Driver's manual; unattended children. The
3.34 	commissioner shall include in each edition of the driver's
3.35 	manual published after August 1, 2005, information concerning
3.36 	the dangers of, and penalties for, leaving children unattended
4.1 	in motor vehicles, including the effect of solar heat on vehicle
4.2 	interior temperature.