HF 2323

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 02:03pm

A bill for an act
relating to public safety; modifying provisions relating to child passenger
restraint systems to qualify for federal money; authorizing commissioner of
public safety to accept federal money; amending Minnesota Statutes 2010,
sections 169.685, subdivision 6; 299A.01, subdivision 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

(a) This section does not apply to:

(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available;

(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituted;

(3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; new text begin and
new text end

(4) a person while operating a school bus deleted text begin ; and deleted text end new text begin as defined in section 169.011,
subdivision 71, that has a gross vehicle weight rating of greater than 10,000 pounds.
new text end

deleted text begin (5) a person while operating a type III vehicle described in section 169.011,
subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
title 49, part 571.
deleted text end

(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.

(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.

Sec. 2.

Minnesota Statutes 2010, section 299A.01, subdivision 2, is amended to read:

Subd. 2.

Duties of commissioner.

The duties of the commissioner shall include
the following:

(1) the coordination, development and maintenance of services contracts with
existing state departments and agencies assuring the efficient and economic use of
advanced business machinery including computers;

(2) the execution of contracts and agreements with existing state departments for
the maintenance and servicing of vehicles and communications equipment, and the use
of related buildings and grounds;

(3) the development of integrated fiscal services for all divisions, and the preparation
of an integrated budget for the department;

(4) the publication and award of grant contracts with state agencies, local units of
government, and other entities for programs that will benefit the safety of the public; deleted text begin and
deleted text end

(5) new text begin the acceptance of federal money for and on behalf of the state of Minnesota to
carry out programs under the authority of the commissioner; and
new text end

new text begin (6) new text end the establishment of a planning bureau within the department.

Sec. 3.

Minnesota Statutes 2010, section 299A.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Federal aid; appropriation. new text end

new text begin All federal money received by the
commissioner is appropriated to the commissioner to be used for the purposes for which
the funds are made available to be expended in accordance with subdivision 2, clause
(5), and with federal laws and regulations.
new text end