SF 1995

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; prohibiting leaving child under age of nine unattended
in passenger vehicle; imposing a penalty; amending Minnesota Statutes 2006,
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 less than nine years of age 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 precludes prosecution
under both this section or any other law.
new text end

new text begin Subd. 3. new text end

new text begin Allocation of fines. new text end

new text begin Notwithstanding any other 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 (a) Seventy percent must be allocated to the county or city health department where
the violation occurred, to be used by the health department or by a person or organization
under contract with the health department for the development and implementation of
community education programs on the dangers of leaving young children unattended
in motor vehicles. 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

new text begin (b) Fifteen percent must be allocated to the county or city for the administration of
the program and for the county's costs to account for and disburse fine revenues.
new text end

new text begin (c) Fifteen percent must be allocated 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

Sec. 2.

Minnesota Statutes 2006, section 171.13, subdivision 1, is amended to read:

Subdivision 1.

Examination subjects and locations; provisions for color
blindness, disabled veterans.

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 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 knowledge of dangers of, and penalties for, leaving children
unattended in motor vehicles; new text end an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of a motor vehicle; and 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, provided, further however, no
driver's license shall be denied an applicant on the exclusive grounds that the applicant's
eyesight is deficient in color perception. Provided, however, that war veterans operating
motor vehicles especially equipped for disabled persons, shall, if otherwise entitled to a
license, be granted such license. 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 2006, 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, 2007, 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