SF 1447

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring motor vehicle 
  1.3             dealers to disclose limitations of safety equipment; 
  1.4             making seat belt violation a primary offense; allowing 
  1.5             licensed drivers to voluntarily submit to driver's 
  1.6             license examination; requiring annual report 
  1.7             concerning highway safety projects; increasing 
  1.8             gasoline excise tax rate; establishing state trunk 
  1.9             highway safety program; amending Minnesota Statutes 
  1.10            1994, sections 169.686, subdivision 1; 171.13, by 
  1.11            adding a subdivision; 174.03, subdivision 4; and 
  1.12            296.02, subdivision 1b, and by adding a subdivision; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapters 161; and 169. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [169.4695] [SAFETY EQUIPMENT DISCLOSURE.] 
  1.17     Each motor vehicle dealer shall provide to a purchaser of a 
  1.18  motor vehicle, at or before the time of sale, a statement that 
  1.19  includes a description of each safety feature pertaining to the 
  1.20  motor vehicle as purchased, and a disclosure of the limits of 
  1.21  effective performance of each safety feature. 
  1.22     Sec. 2.  Minnesota Statutes 1994, section 169.686, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [SEAT BELT REQUIREMENT.] A properly 
  1.25  adjusted and fastened seat belt, including both the shoulder and 
  1.26  lap belt when the vehicle is so equipped, shall be worn by: 
  1.27     (1) the driver of a passenger vehicle or commercial motor 
  1.28  vehicle; 
  1.29     (2) a passenger riding in the front seat of a passenger 
  1.30  vehicle or commercial motor vehicle; and 
  2.1      (3) a passenger riding in any seat of a passenger vehicle 
  2.2   who is older than three but younger than 11 years of age. 
  2.3      A person who is 15 years of age or older and who violates 
  2.4   clause (1) or (2) is subject to a fine of $25.  The driver of 
  2.5   the passenger vehicle or commercial motor vehicle in which the 
  2.6   violation occurred is subject to a $25 fine for a violation of 
  2.7   clause (2) or (3) by a child of the driver under the age of 15 
  2.8   or any child under the age of 11.  A peace officer may not issue 
  2.9   a citation for a violation of this section unless the officer 
  2.10  lawfully stopped or detained the driver of the motor vehicle for 
  2.11  a moving violation other than a violation involving motor 
  2.12  vehicle equipment.  The department of public safety shall not 
  2.13  record a violation of this subdivision on a person's driving 
  2.14  record. 
  2.15     Sec. 3.  Minnesota Statutes 1994, section 171.13, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 2a.  [VOLUNTARY SUBMISSION TO EXAMINATION.] The 
  2.18  commissioner shall administer the examination required in 
  2.19  subdivision 1 to any licensed driver who voluntarily submits to 
  2.20  the examination and pays a required examination fee.  Failure to 
  2.21  pass the examination, after having submitted to it voluntarily, 
  2.22  shall not result in cancellation of the driver's license. 
  2.23     Sec. 4.  Minnesota Statutes 1994, section 174.03, 
  2.24  subdivision 4, is amended to read: 
  2.25     Subd. 4.  [OTHER DUTIES.] The commissioner shall: 
  2.26     (a) Construct and maintain transportation facilities as 
  2.27  authorized by law; 
  2.28     (b) Cooperate with, and may provide technical and 
  2.29  financial assistance to, the metropolitan council and regional 
  2.30  development commissions in the regional transportation planning 
  2.31  process, in accordance with mutually acceptable terms and 
  2.32  conditions; 
  2.33     (c) Cooperate with and may provide planning and technical 
  2.34  assistance upon the request of any political subdivision or 
  2.35  other governmental agency in accordance with mutually accepted 
  2.36  terms and conditions, except as otherwise restricted by law; and 
  3.1      (d) Develop, revise and monitor a statewide rail 
  3.2   transportation plan as part of the statewide transportation 
  3.3   planning process, including a study and evaluation of 
  3.4   alternative methods for insuring adequate and economical 
  3.5   transportation of agricultural commodities, supplies and other 
  3.6   goods to and from rural areas of the state.  The plan shall 
  3.7   include an analysis of rail lines in the state for the purpose 
  3.8   of determining:  (1) eligibility of rail lines for assistance 
  3.9   under federal and state rail assistance programs; (2) 
  3.10  eligibility of rail lines for inclusion in the state rail bank; 
  3.11  and (3) the actions required by the state to insure the 
  3.12  continuation of rail service that meets essential state needs 
  3.13  and objectives. 
  3.14     (e) Prepare and present to the transportation policy 
  3.15  committees of the legislature by January 15 of each year, a 
  3.16  report on highway safety projects funded by the state in the 
  3.17  previous fiscal year. 
  3.18     Sec. 5.  Minnesota Statutes 1994, section 296.02, 
  3.19  subdivision 1b, is amended to read: 
  3.20     Subd. 1b.  [RATES IMPOSED.] The gasoline excise tax is 
  3.21  imposed at the following rate:  
  3.22     For the period on and after May July 1, 1988 1995, to March 
  3.23  31, 1996, gasoline is taxed at the rate of 20 25 cents per 
  3.24  gallon.  After March 31, 1996, gasoline is taxed at a rate 
  3.25  determined annually under subdivision 1c. 
  3.26     Sec. 6.  Minnesota Statutes 1994, section 296.02, is 
  3.27  amended by adding a subdivision to read: 
  3.28     Subd. 1c.  [ANNUAL GASOLINE TAX RATE ADJUSTMENT.] (a) 
  3.29  Beginning in 1996 and annually thereafter, before April 1 of 
  3.30  each year the commissioner of revenue shall adjust the rate of 
  3.31  the gasoline excise tax.  The new rate per gallon must be 
  3.32  calculated by multiplying the rate in effect at the time of the 
  3.33  calculation by an amount obtained under paragraph (b).  The new 
  3.34  rate must be rounded to the nearest 0.1 cent and is effective on 
  3.35  April 1 of each year. 
  3.36     (b) Divide the annual average United States Consumer Price 
  4.1   Index for all urban consumers, United States city average, as 
  4.2   determined by the United States Department of Labor for the 
  4.3   previous year by that annual average for the year before the 
  4.4   previous year. 
  4.5      Sec. 7.  [161.54] [STATE TRUNK HIGHWAY SAFETY PROGRAM.] 
  4.6      Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
  4.7   transportation shall establish the state trunk highway safety 
  4.8   program for the purpose of improving safety on the trunk highway 
  4.9   system.  The commissioner shall identify, on an annual basis, 
  4.10  the locations and nature of the most serious safety problems on 
  4.11  the trunk highway system.  
  4.12     Subd. 2.  [FUNDING; ALLOCATION OF FUNDS.] For the purpose 
  4.13  of resolving identified safety problems, the commissioner shall 
  4.14  utilize an amount from the trunk highway fund equal to ten 
  4.15  percent of surface transportation program funds received by the 
  4.16  state from the federal government.  State trunk highway safety 
  4.17  program funds must be allocated between locations within the 
  4.18  metropolitan area, as defined in section 473.121, and locations 
  4.19  outside the metropolitan area, according to the proportion of 
  4.20  highway fatalities that occurred in the previous calendar year 
  4.21  within and outside the metropolitan area. 
  4.22     Sec. 8.  [EFFECTIVE DATE.] 
  4.23     Section 5 is effective July 1, 1995, and applies to all 
  4.24  gasoline in distributor storage on and after that date.  Section 
  4.25  7 is effective only when the gasoline excise tax, under 
  4.26  Minnesota Statutes, section 296.02, subdivision 1b, is imposed 
  4.27  at a rate in excess of 20 cents per gallon.