1.1A bill for an act1.2relating to traffic regulations; requiring restraint of child under age eight and 1.3shorter than four feet nine inches while passenger in motor vehicle and modifying 1.4seat belt requirements accordingly;amending Minnesota Statutes 2008, sections 1.5169.685, subdivision 5; 169.686, subdivision 1.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7    Section 1. Minnesota Statutes 2008, section 169.685, subdivision 5, is amended to read:1.8    Subd. 5. Violation; petty misdemeanor. (a) Every motor vehicle operator, when 1.9transporting a child who is both under the age of four eight and shorter than four feet 1.10nine inches on the streets and highways of this state in a motor vehicle equipped with 1.11factory-installed seat belts, shall equip and install for use in the motor vehicle, according 1.12to the manufacturer's instructions, a child passenger restraint system meeting federal 1.13motor vehicle safety standards.1.14(b) No motor vehicle operator who is operating a motor vehicle on the streets and 1.15highways of this state may transport a child who is both under the age of four eight 1.16and shorter than four feet nine inches in a seat of a motor vehicle equipped with a 1.17factory-installed seat belt, unless the child is properly fastened in the child passenger 1.18restraint system. Any motor vehicle operator who violates this subdivision is guilty of 1.19a petty misdemeanor and may be sentenced to pay a fine of not more than $50. The 1.20fine maymust  be waived or the amount reduced if the motor vehicle operator produces 1.21evidence that within 14 days after the date of the violation a child passenger restraint 1.22system meeting federal motor vehicle safety standards was purchased or obtained for 1.23the exclusive use of the operator.2.1(c) For the purposes of this section, "child passenger restraint system" means any 2.2device that meets the standards of the United States Department of Transportation; is 2.3designed to restrain, seat, or position children; and includes a booster seat.2.4(c) (d) Of the fines collected for violations of this subdivision:2.5(1) the first $4,000 must be deposited in the state treasury and credited to the 2.6emergency medical services relief account; and2.7(2) the remainder must be deposited in the state treasury and credited to a special 2.8account to be known as the Minnesota child passenger restraint and education account.2.9EFFECTIVE DATE.This section is effective July 1, 2009, for offenses committed 2.10on or after that date.2.11    Sec. 2. Minnesota Statutes 2008, section 169.686, subdivision 1, is amended to read:2.12    Subdivision 1. Seat belt requirement. (a) A properly adjusted and fastened seat 2.13belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be 2.14worn by:2.15(1) the driver of a passenger vehicle or commercial motor vehicle;2.16(2) a passenger riding in the front seat of a passenger vehicle or commercial motor 2.17vehicle; and2.18(3) a passenger riding in any seat of a passenger vehicle who (i) is not required to be 2.19transported in a child passenger restraint system under section 169.685, subdivision 5, and 2.20(ii) is older than three but younger than 11 years of age.2.21(b) A person who is 15 years of age or older and who violates paragraph (a), clause 2.22(1) or (2), is subject to a fine of $25. The driver of the passenger vehicle or commercial 2.23motor vehicle in which the violation occurred is subject to a $25 fine for a violation of 2.24paragraph (a), clause (2) or (3), by a child of the driver under the age of 15 or any child 2.25under the age of 11. A peace officer may not issue a citation for a violation of this section 2.26unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving 2.27violation other than a violation involving motor vehicle equipment. The Department of 2.28Public Safety shall not record a violation of this subdivision on a person's driving record.2.29EFFECTIVE DATE.This section is effective July 1, 2009, and applies to offenses 2.30committed on or after that date.