SF 1038

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; prohibiting leaving a
child under the age of nine unattended in a passenger
vehicle; imposing a penalty; making clarifying
changes; amending Minnesota Statutes 2004, section
171.13, subdivision 1, by adding a subdivision;
proposing coding for new law in Minnesota Statutes,
chapter 169.

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

Section 1.

new text begin [169.355] LEAVING UNATTENDED CHILD IN MOTOR
VEHICLE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement of supervision of young
child. new text end

new text begin A parent, legal guardian, or other person responsible
for a child who is under the age of nine may not leave the child
inside a motor vehicle if the child is not subject to the
supervision of a person 14 years old or older, when:
new text end

new text begin (1) conditions present a significant risk to the child's
health or safety; or
new text end

new text begin (2) the vehicle's engine is running or the vehicle's keys
are in the ignition, or both.
new text end

new text begin Subd. 2. new text end

new text begin Violation. new text end

new text begin A violation of subdivision 1 is
punishable by a fine of not less than $150 for a first offense
and not less than $300 for a subsequent offense. The court may
reduce or waive the fine if the violator is economically
disadvantaged and attends a community education program that
includes education on the dangers of leaving young children
unattended in motor vehicles, and certifies completion of the
program. The violator shall submit the certification to the
court. The court may require any violator described in this
section to attend an education program on the dangers of leaving
young children unattended in motor vehicles. Nothing in this
section shall preclude prosecution under both this section or
any other provision of law.
new text end

new text begin Subd. 3. new text end

new text begin Allocation of fines. new text end

new text begin (a) Notwithstanding any
other provision of law, the fines collected for a violation of
this section must be paid by the person collecting the fines to
the treasurer of the county where the violation occurred and
allocated by the county treasurer, as follows:
new text end

new text begin (1) 70 percent to the health department of the county or
city where the violation occurred, to be used by the health
department or by a person or organization under contract with
the health department to develop and implement community
education programs on the dangers of leaving young children
unattended in motor vehicles, and for the activities listed in
paragraph (b);
new text end

new text begin (2) 15 percent to the county or city to administer the
program and for the county's costs to account for and disburse
fine revenues; and
new text end

new text begin (3) 15 percent to the city to be deposited in its general
fund, except that if the violation occurred in an unincorporated
area, this amount must be deposited in the county's general fund.
new text end

new text begin (b) Each county and city health department shall prepare
and annually update a list of community education programs that
provide information on the dangers of leaving young children
unattended in motor vehicles and ways to avoid that danger. The
county or city health department shall forward the list to the
courts and shall make the list available to the public.
new text end

Sec. 2.

Minnesota Statutes 2004, section 171.13,
subdivision 1, is amended to read:

Subdivision 1.

Subjects tested.

new text begin (a) new text end Except as otherwise
provided in this section, the commissioner shall examine each
applicant for a driver's license by such agency as the
commissioner directs. This examination must include new text begin :
new text end

new text begin (1) new text end a test of applicant's eyesight; ability to read and
understand highway signs regulating, warning, and directing
traffic; knowledge of traffic laws; knowledge of the effects of
alcohol and drugs on a driver's ability to operate a motor
vehicle safely and legally, and of the legal penalties and
financial consequences resulting from violations of laws
prohibiting the operation of a motor vehicle while under the
influence of alcohol or drugs; knowledge of railroad grade
crossing safety; knowledge of slow-moving vehicle safety;
knowledge of traffic laws related to bicycles; new text begin and knowledge of
the dangers of, and penalties for, leaving children unattended
in motor vehicles;
new text end

new text begin (2) new text end an actual demonstration of ability to exercise ordinary
and reasonable control in the operation of a motor vehicle; and

new text begin (3) new text end other physical and mental examinations as the
commissioner finds necessary to determine the applicant's
fitness to operate a motor vehicle safely upon the highways deleted text begin ,
provided, further deleted text end new text begin .
new text end

new text begin (b) new text end However, no driver's license shall be denied an
applicant on the exclusive grounds that the applicant's eyesight
is deficient in color perception. deleted text begin Provided, however, that war
veterans deleted text end new text begin In addition, the commissioner shall grant a driver's
license to each war veteran new text end operating new text begin a new text end motor deleted text begin vehicles deleted text end new text begin vehicle
new text end especially equipped for new text begin a new text end handicapped deleted text begin persons, shall, deleted text end new text begin person new text end if
new text begin the veteran is new text end otherwise entitled to a license deleted text begin , be granted such
license deleted text end .

new text begin (c) new text end The commissioner shall make provision for giving these
examinations either in the county where the applicant resides or
at a place adjacent thereto reasonably convenient to the
applicant.

Sec. 3.

Minnesota Statutes 2004, section 171.13, is
amended by adding a subdivision to read:

new text begin Subd. 1i. new text end

new text begin Driver's manual; unattended children. new text end

new text begin The
commissioner shall include in each edition of the driver's
manual published after August 1, 2005, information concerning
the dangers of, and penalties for, leaving children unattended
in motor vehicles, including the effect of solar heat on vehicle
interior temperature.
new text end