Minnesota Legislature
HF 541
as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2011 09:52am
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A bill for an act
relating to health; prohibiting smoking in motor vehicles with children;
appropriating money; amending Minnesota Statutes 2010, section 357.021,
subdivisions 6, 7; proposing coding for new law in Minnesota Statutes, chapter
169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[169.381] SMOKING RESTRICTION.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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As used in this section:
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(1) "moving violation" has the meaning given in section 171.04, subdivision 1; and
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(2) "smoke" means to inhale or exhale smoke from any lighted cigar, cigarette, pipe,
or any other lighted tobacco or plant product. Smoke also includes carrying a lighted
cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation.
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new text begin Subd. 2. new text end
new text begin Prohibited conduct. new text end
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(a) No person may smoke in a motor vehicle that
is transporting a child who is under the age of 16 years.
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(b) The driver of the vehicle is guilty of a petty misdemeanor if the driver or a
passenger violates this section. A passenger who violates this section is also guilty of
a petty misdemeanor. A person convicted of a petty misdemeanor under this section
is subject to a $25 fine.
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(c) The Department of Public Safety may not record a violation of this section on a
person's driving record.
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(d) 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 vehicle for a moving violation as
defined in section 171.04, subdivision 1.
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new text begin Subd. 3. new text end
new text begin Fine, surcharge; appropriation. new text end
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(a) Fines collected under this section
must be deposited into the special revenue account.
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(b) Money from fines described in paragraph (a) and from surcharges collected
under section 357.021, subdivisions 6 and 7, paragraph (e), for violations of this section,
are appropriated to the commissioner of health for tobacco prevention grants under section
144.396, subdivision 5.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2011, and applies to acts
committed on or after that date.
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Sec. 2.
Minnesota Statutes 2010, 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 of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surchargenew text begin , and other than a violation of section
169.381, for which there shall be a $25 surchargenew 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 successfully completes a diversion or similar program for a
violation of chapter 169 must pay the surcharge described in this subdivision.
(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, 2011, and applies to acts
committed on or after that date.
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Sec. 3.
Minnesota Statutes 2010, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of management and
budget.
(a) Except as provided in paragraphs (b), (c), deleted text begin anddeleted text end (d),new text begin and (e),new text end the commissioner
of management and budget shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of the
additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
in the Second Judicial District shall transmit the surcharge to the commissioner of
management and budget. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
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(e) The commissioner of finance shall deposit the entire surcharge collected under
subdivision 6 for violations of section 169.381 in the special revenue account.
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011, and applies to acts
committed on or after that date.
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