Minnesota Legislature
HF 3072
1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/05/2020 03:40pm
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A bill for an act
relating to motor vehicles; prohibiting smoking in passenger vehicles and public
transportation vehicles used for personal use with persons under age 18 present;
establishing a fine for violations; amending Minnesota Statutes 2018, sections
144.414, subdivision 4, by adding a subdivision; 144.4167, subdivision 3; 171.16,
subdivision 3; 357.021, subdivision 6; proposing coding for new law in Minnesota
Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 144.414, subdivision 4, is amended to read:
Subd. 4.
Public transportation vehicles.
new text begin (a) new text end Smoking is prohibited in public
transportation vehicles deleted text begin except thatdeleted text end new text begin .
new text end
new text begin (b) Notwithstanding paragraph (a),new text end the driver of a public transportation vehicle may
smoke when the vehicle is being used for personal usenew text begin , except that the driver of a public
transportation vehicle using the vehicle for personal use shall not smoke if a person under
age 18 is present in the vehiclenew text end . For purposes of this subdivision, "personal use" means that
the public transportation vehicle is being used by the driver for private purposes and no
for-hire passengers are present. If a driver smokes under this subdivision, the driver must
post a conspicuous sign inside the vehicle to inform passengers.
Sec. 2.
Minnesota Statutes 2018, section 144.414, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Smoking in a passenger vehicle with a person under age 18 present. new text end
new text begin
Smoking
in a passenger vehicle when a person under age 18 is present in the vehicle is governed by
section 169.477.
new text end
Sec. 3.
Minnesota Statutes 2018, section 144.4167, subdivision 3, is amended to read:
Subd. 3.
Private places.
Except as provided in section 144.414, subdivision 2, nothing
in sections 144.411 to 144.417 prohibits smoking in:
(1) private homesdeleted text begin ,deleted text end new text begin ornew text end private residencesdeleted text begin , or private automobiles whendeleted text end new text begin during the period
of time in whichnew text end they are not in use as a place of employment, as defined in section 144.413,
subdivision 1b; deleted text begin or
deleted text end
new text begin
(2) private automobiles during the period of time in which they are not in use as a place
of employment and no person under age 18 is present in the vehicle; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end a hotel or motel sleeping room rented to one or more guests.
Sec. 4.
new text begin
[169.477] SMOKING WITH A PERSON UNDER AGE 18 PRESENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision apply to this section.
new text end
new text begin
(b) "Passenger vehicle" has the meaning given in section 169.686, subdivision 1a.
new text end
new text begin
(c) "Smoke" means to inhale, exhale, burn, or carry any lighted or heated cigar, cigarette,
pipe, or any other lighted or heated product containing, made, or derived from nicotine,
tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.
Smoke includes to carry or use an activated electronic delivery device, as defined in section
609.685.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition on smoking. new text end
new text begin
(a) No person may smoke in a passenger vehicle if
a person under age 18 is present in the vehicle. This prohibition applies regardless of whether
the vehicle's windows are open or closed.
new text end
new text begin
(b) The first time a person violates paragraph (a), the person shall not pay a fine but
shall receive a safety warning. A person who violates paragraph (a) a second or subsequent
time shall pay a fine of $50. The Department of Public Safety shall not record a violation
of this subdivision on a person's driving record.
new text end
new text begin Subd. 3. new text end
new text begin Peace officer authority to stop or search. new text end
new text begin
A peace officer may not issue a
citation for a violation of this section unless the officer lawfully stopped or detained the
driver of the passenger vehicle for a moving violation other than a violation involving
passenger vehicle equipment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2020, and applies to violations
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2018, section 171.16, subdivision 3, is amended to read:
Subd. 3.
Suspension for failure to pay fine.
When any court reports to the commissioner
that a person: (1) has been convicted of violating a law of this state or an ordinance of a
political subdivision which regulates the operation or parking of motor vehicles, (2) has
been sentenced to the payment of a fine or had a surcharge levied against that person, or
sentenced to a fine upon which a surcharge was levied, and (3) has refused or failed to
comply with that sentence or to pay the surcharge, notwithstanding the fact that the court
has determined that the person has the ability to pay the fine or surcharge, the commissioner
shall suspend the driver's license of such person for 30 days for a refusal or failure to pay
or until notified by the court that the fine or surcharge, or both if a fine and surcharge were
not paid, has been paid.new text begin This subdivision does not apply to a fine levied for a violation of
section 169.477.
new text end
Sec. 6.
Minnesota Statutes 2018, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided in this
paragraph, the court shall impose and the court administrator shall collect a $75 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, other than a violation ofnew text begin : (1)new text end a law or ordinance relating to vehicle
parking, for which there shall be a $12 surchargenew text begin ; and (2) section 169.477, subdivision 2,
for which no surcharge shall be imposednew text end . When a defendant is convicted of more than one
offense in a case, the surcharge shall be imposed only once in that case. In the Second
Judicial District, the court shall impose, and the court administrator shall collect, an additional
$1 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
or petty misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
(c) The court may not waive payment of the surcharge required under this subdivision.
Upon a showing of indigency or undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize payment of the surcharge
in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it to the
commissioner of management and budget.
(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.
(f) A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.
(g) The surcharge does not apply to administrative citations issued pursuant to section
169.999.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2020, and applies to violations
committed on or after that date.
new text end