SF 1729

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; prohibiting leaving a 
  1.3             child under the age of eight unattended in a passenger 
  1.4             vehicle; imposing a penalty; amending Minnesota 
  1.5             Statutes 2002, section 171.13, subdivision 1, by 
  1.6             adding a subdivision; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 169. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [169.355] [LEAVING UNATTENDED CHILD IN MOTOR 
  1.10  VEHICLE.] 
  1.11     Subdivision 1.  [REQUIREMENT OF SUPERVISION OF YOUNG 
  1.12  CHILD.] A parent, legal guardian, or other person responsible 
  1.13  for a child who is eight years old or younger may not leave the 
  1.14  child inside a motor vehicle if the child is not subject to the 
  1.15  supervision of a person 14 years old or older, when: 
  1.16     (1) conditions present a significant risk to the child's 
  1.17  health or safety; or 
  1.18     (2) the vehicle's engine is running or the vehicle's keys 
  1.19  are in the ignition, or both. 
  1.20     Subd. 2.  [VIOLATION.] A violation of subdivision 1 is 
  1.21  punishable by a fine of not less than $150 for a first offense 
  1.22  and not less than $300 for a subsequent offense.  The court may 
  1.23  reduce or waive the fine if the violator is economically 
  1.24  disadvantaged and attends a community education program that 
  1.25  includes education on the dangers of leaving young children 
  1.26  unattended in motor vehicles, and certifies completion of the 
  2.1   program.  The violator shall submit the certification to the 
  2.2   court.  The court may require any violator described in this 
  2.3   section to attend an education program on the dangers of leaving 
  2.4   young children unattended in motor vehicles.  Nothing in this 
  2.5   section shall preclude prosecution under both this section or 
  2.6   any other provision of law. 
  2.7      Subd. 3.  [ALLOCATION OF FINES.] Notwithstanding any other 
  2.8   provision of law, the fines collected for a violation of this 
  2.9   section shall be paid by the person collecting the fines to the 
  2.10  treasurer of the county where the violation occurred and 
  2.11  allocated by the county treasurer, as follows: 
  2.12     (1) 70 percent to the county or city health department 
  2.13  where the violation occurred, to be used by the health 
  2.14  department or by a person or organization under contract with 
  2.15  the health department for the development and implementation of 
  2.16  community education programs on the dangers of leaving young 
  2.17  children unattended in motor vehicles.  Each county and city 
  2.18  health department shall prepare and annually update a list of 
  2.19  community education programs that provide information on the 
  2.20  dangers of leaving young children unattended in motor vehicles 
  2.21  and ways to avoid that danger.  The county or city health 
  2.22  department shall forward the list to the courts and shall make 
  2.23  the list available to the public; 
  2.24     (2) 15 percent to the county or city for the administration 
  2.25  of the program and for the county's costs to account for and 
  2.26  disburse fine revenues; and 
  2.27     (3) 15 percent to the city to be deposited in its general 
  2.28  fund, except that if the violation occurred in an unincorporated 
  2.29  area, this amount shall be deposited in the county's general 
  2.30  fund. 
  2.31     Sec. 2.  Minnesota Statutes 2002, section 171.13, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [SUBJECTS TESTED.] Except as otherwise 
  2.34  provided in this section, the commissioner shall examine each 
  2.35  applicant for a driver's license by such agency as the 
  2.36  commissioner directs.  This examination must include a test of 
  3.1   applicant's eyesight; ability to read and understand highway 
  3.2   signs regulating, warning, and directing traffic; knowledge of 
  3.3   traffic laws; knowledge of the effects of alcohol and drugs on a 
  3.4   driver's ability to operate a motor vehicle safely and legally, 
  3.5   and of the legal penalties and financial consequences resulting 
  3.6   from violations of laws prohibiting the operation of a motor 
  3.7   vehicle while under the influence of alcohol or drugs; knowledge 
  3.8   of railroad grade crossing safety; knowledge of slow-moving 
  3.9   vehicle safety; knowledge of traffic laws related to bicycles; 
  3.10  knowledge of dangers of, and penalties for, leaving children 
  3.11  unattended in motor vehicles; an actual demonstration of ability 
  3.12  to exercise ordinary and reasonable control in the operation of 
  3.13  a motor vehicle; and other physical and mental examinations as 
  3.14  the commissioner finds necessary to determine the applicant's 
  3.15  fitness to operate a motor vehicle safely upon the highways, 
  3.16  provided, further however, no driver's license shall be denied 
  3.17  an applicant on the exclusive grounds that the applicant's 
  3.18  eyesight is deficient in color perception.  Provided, however, 
  3.19  that war veterans operating motor vehicles especially equipped 
  3.20  for handicapped persons, shall, if otherwise entitled to a 
  3.21  license, be granted such license.  The commissioner shall make 
  3.22  provision for giving these examinations either in the county 
  3.23  where the applicant resides or at a place adjacent thereto 
  3.24  reasonably convenient to the applicant. 
  3.25     Sec. 3.  Minnesota Statutes 2002, section 171.13, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 1i.  [DRIVER'S MANUAL; UNATTENDED CHILDREN.] The 
  3.28  commissioner shall include in each edition of the driver's 
  3.29  manual published after August 1, 2004, information concerning 
  3.30  the dangers of, and penalties for, leaving children unattended 
  3.31  in motor vehicles, including the effect of solar heat on vehicle 
  3.32  interior temperature.