1.1 	A bill for an act
1.2 	relating to traffic regulations; making seat belt violation a primary offense in all 
1.3 	seating positions regardless of age; making technical changes; providing for 
1.4 	surcharge;amending Minnesota Statutes 2006, sections 169.686, subdivision 1; 
1.5 	171.05, subdivision 2b; 171.055, subdivision 2; 357.021, subdivision 6.
1.6 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 169.686, subdivision 1, is amended to read:
1.8 		Subdivision 1.Seat belt requirement. (a) A properly adjusted and fastened seat 
1.9 	belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be 
1.10 	worn by:
1.11 	(1) the driver and passengers of a passenger vehicle or commercial motor vehicle;
1.12 	(2) a passenger riding in the front seat of a passenger vehicle or commercial motor 
1.13 	vehicle; and
1.14 	(3) a passenger riding in any seat of a passenger vehicle who is older than three 
1.15 	but younger than 11 years of age.
1.16 	(b) A person who is 15 years of age or older and who violates paragraph (a), clause 
1.17 	(1) or (2), is subject to a fine of $25. The driver of the passenger vehicle or commercial 
1.18 	motor vehicle in which the violation occurred is subject to a $25 fine for a each  violation 
1.19 	of paragraph (a), clause (2) or (3), by the driver or by a child of the driver passenger  under 
1.20 	the age of 15 or any child under the age of 11. A peace officer may not issue a citation 
1.21 	for a violation of this section unless the officer lawfully stopped or detained the driver of 
1.22 	the motor vehicle for a moving violation other than a violation involving motor vehicle 
1.23 	equipment, but the court may not impose more than one surcharge under section 357.021, 
1.24 	subdivision 6, on the driver. The Department of Public Safety shall not record a violation 
1.25 	of this subdivision on a person's driving record.

2.1 	Sec. 2. Minnesota Statutes 2006, section 171.05, subdivision 2b, is amended to read:
2.2 		Subd. 2b.Instruction permit use by person under age 18. (a) This subdivision 
2.3 	applies to persons who have applied for and received an instruction permit under 
2.4 	subdivision 2.
2.5 	(b) The permit holder may, with the permit in possession, operate a motor vehicle, 
2.6 	but must be accompanied by and be under the supervision of a certified driver education 
2.7 	instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 
2.8 	older. The supervisor must occupy the seat beside the permit holder.
2.9 	(c) The permit holder may operate a motor vehicle only when every occupant under 
2.10 	the age of 18 has a seat belt or child passenger restraint system properly fastened. A 
2.11 	person who violates this paragraph is subject to a fine of $25. A peace officer may 
2.12 	not issue a citation for a violation of this paragraph unless the officer lawfully stopped 
2.13 	or detained the driver of the motor vehicle for a moving violation as defined in section 
2.14 	171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 
2.15 	a person's driving record.
2.16 	(d) The permit holder may not operate a vehicle while communicating over, or 
2.17 	otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 
2.18 	when the vehicle is in motion. The permit holder may assert as an affirmative defense that 
2.19 	the violation was made for the sole purpose of obtaining emergency assistance to prevent 
2.20 	a crime about to be committed, or in the reasonable belief that a person's life or safety 
2.21 	was in danger. Violation of this paragraph is a petty misdemeanor subject to section 
2.22 	169.89, subdivision 2.
2.23 	(e) (d)  The permit holder must maintain a driving record free of convictions for 
2.24 	moving violations, as defined in section 171.04, subdivision 1, and free of convictions 
2.25 	for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If 
2.26 	the permit holder drives a motor vehicle in violation of the law, the commissioner shall 
2.27 	suspend, cancel, or revoke the permit in accordance with the statutory section violated.

2.28 	Sec. 3. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:
2.29 		Subd. 2.Use of provisional license. (a) A provisional license holder may operate a 
2.30 	motor vehicle only when every occupant under the age of 18 has a seat belt or child 
2.31 	passenger restraint system properly fastened. A person who violates this paragraph is 
2.32 	subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
2.33 	paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
2.34 	for a moving violation as defined in section 171.04. The commissioner shall not record a 
2.35 	violation of this paragraph on a person's driving record.
3.1 	(b) A provisional license holder may not operate a vehicle while communicating 
3.2 	over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
3.3 	hands free, when the vehicle is in motion. The provisional license holder may assert 
3.4 	as an affirmative defense that the violation was made for the sole purpose of obtaining 
3.5 	emergency assistance to prevent a crime about to be committed, or in the reasonable 
3.6 	belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
3.7 	misdemeanor subject to section 169.89, subdivision 2.
3.8 	(c) (b)  If the holder of a provisional license during the period of provisional licensing 
3.9 	incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
3.10 	169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
3.11 	than one conviction for a moving violation that is not crash related, the person may not be 
3.12 	issued a driver's license until 12 consecutive months have expired since the date of the 
3.13 	conviction or until the person reaches the age of 18 years, whichever occurs first.

3.14 	Sec. 4. Minnesota Statutes 2006, section 357.021, subdivision 6, is amended to read:
3.15 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided 
3.16 	in this paragraph, the court shall impose and the court administrator shall collect a $72 
3.17 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
3.18 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
3.19 	parking, for which there shall be a $4 surcharge and other than a violation of section 
3.20 	169.686, for which there shall be a $20 surcharge. In the Second Judicial District, the 
3.21 	court shall impose, and the court administrator shall collect, an additional $1 surcharge 
3.22 	on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty 
3.23 	misdemeanor offense, including a violation of a law or ordinance relating to vehicle 
3.24 	parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The 
3.25 	surcharge shall be imposed whether or not the person is sentenced to imprisonment or the 
3.26 	sentence is stayed. The surcharge shall not be imposed when a person is convicted of a 
3.27 	petty misdemeanor for which no fine is imposed.
3.28 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
3.29 	administrator shall show the imposition of the surcharge, collect the surcharge, and 
3.30 	correct the record.
3.31 	(c) The court may not waive payment of the surcharge required under this 
3.32 	subdivision. Upon a showing of indigency or undue hardship upon the convicted person 
3.33 	or the convicted person's immediate family, the sentencing court may authorize payment 
3.34 	of the surcharge in installments.
4.1 	(d) The court administrator or other entity collecting a surcharge shall forward it 
4.2 	to the commissioner of finance.
4.3 	(e) If the convicted person is sentenced to imprisonment and has not paid the 
4.4 	surcharge before the term of imprisonment begins, the chief executive officer of the 
4.5 	correctional facility in which the convicted person is incarcerated shall collect the 
4.6 	surcharge from any earnings the inmate accrues from work performed in the facility 
4.7 	or while on conditional release. The chief executive officer shall forward the amount 
4.8 	collected to the commissioner of finance.