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SF 2378

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

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; changing the speed 
  1.3             limits; authorizing peace officers to issue traffic 
  1.4             citations for failure to wear a seat belt or child 
  1.5             passenger restraint system; repealing Dimler 
  1.6             amendment; requiring legislative reports; making 
  1.7             technical corrections; appropriating money; amending 
  1.8             Minnesota Statutes 1994, sections 169.14, subdivision 
  1.9             2; 169.685, subdivision 5; 169.686, subdivision 1; and 
  1.10            169.983; Minnesota Statutes 1995 Supplement, section 
  1.11            169.14, subdivision 5d; repealing Minnesota Statutes 
  1.12            1994, sections 169.141; 169.99, subdivision 1b; and 
  1.13            171.12, subdivision 6. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 169.14, 
  1.16  subdivision 2, is amended to read: 
  1.17     Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
  1.18  exists the following speeds shall be lawful, but any speeds in 
  1.19  excess of such limits shall be prima facie evidence that the 
  1.20  speed is not reasonable or prudent and that it is unlawful; 
  1.21  except that the speed limit within any municipality shall be a 
  1.22  maximum limit and any speed in excess thereof shall be unlawful: 
  1.23     (1) 30 miles per hour in an urban district; 
  1.24     (2) 65 70 miles per hour in other locations during the 
  1.25  daytime on rural interstate freeways outside of urban districts, 
  1.26  as determined by the commissioner; 
  1.27     (3) 65 miles per hour on other freeways and expressways; 
  1.28     (4) 55 miles per hour in such other locations during the 
  1.29  nighttime other than those specified in this section; 
  2.1      (4) (5) ten miles per hour in alleys alleyways; and 
  2.2      (5) (6) 25 miles per hour in residential roadways if 
  2.3   adopted by the road authority having jurisdiction over the 
  2.4   residential roadway.  
  2.5      (b) A speed limit adopted under paragraph (a), clause (5), 
  2.6   is not effective unless the road authority has erected signs 
  2.7   designating the speed limit and indicating the beginning and end 
  2.8   of the residential roadway on which the speed limit applies.  
  2.9      (c) "Daytime" means from a half hour before sunrise to a 
  2.10  half hour after sunset, except at any time when due to weather 
  2.11  or other conditions there is not sufficient light to render 
  2.12  clearly discernible persons and vehicles at a distance of 500 
  2.13  feet.  "Nighttime" means at any other hour or at any time when 
  2.14  due to weather or other conditions there is not sufficient light 
  2.15  to render clearly discernible persons and vehicles at a distance 
  2.16  of 500 feet. 
  2.17     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.18  169.14, subdivision 5d, is amended to read: 
  2.19     Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
  2.20  commissioner, on trunk highways and temporary trunk highways, 
  2.21  and local authorities, on streets and highways under their 
  2.22  jurisdiction, may authorize the use of reduced maximum speed 
  2.23  limits in highway work zones.  The commissioner or local 
  2.24  authority is not required to conduct an engineering and traffic 
  2.25  investigation before authorizing a reduced speed limit in a 
  2.26  highway work zone. 
  2.27     (b) The minimum highway work zone speed limit is 20 miles 
  2.28  per hour.  The work zone speed limit must not reduce the 
  2.29  established speed limit on the affected street or highway by 
  2.30  more than 15 miles per hour, except that the highway work zone 
  2.31  speed limit shall not exceed 40 miles per hour.  Highway work 
  2.32  zone speed limits are effective on erection of appropriate 
  2.33  regulatory speed limit signs.  The signs must be removed or 
  2.34  covered when they are not required.  A speed greater than the 
  2.35  posted highway work zone speed limit is unlawful.  
  2.36     (c) For purposes of this subdivision, "highway work zone" 
  3.1   means a segment of highway or street where a road authority or 
  3.2   its agent is constructing, reconstructing, or maintaining the 
  3.3   physical structure of the roadway, its shoulders, or features 
  3.4   adjacent to the roadway, including underground and overhead 
  3.5   utilities and highway appurtenances. 
  3.6      (d) Notwithstanding section 609.0331 or 609.101 or other 
  3.7   law to the contrary, a person who violates a speed limit 
  3.8   established under paragraph (b), or who violates any other 
  3.9   provision of this section or section 169.141 while in a highway 
  3.10  work zone, is assessed an additional surcharge equal to the 
  3.11  amount of the fine imposed for the speed violation, but not less 
  3.12  than $25.  
  3.13     Sec. 3.  Minnesota Statutes 1994, section 169.685, 
  3.14  subdivision 5, is amended to read: 
  3.15     Subd. 5.  [VIOLATION; PENALTY.] (a) Every motor vehicle 
  3.16  operator, when transporting a child under the age of four on the 
  3.17  streets and highways of this state in a motor vehicle equipped 
  3.18  with factory-installed seat belts, shall equip and install for 
  3.19  use in the motor vehicle, according to the manufacturer's 
  3.20  instructions, a child passenger restraint system meeting federal 
  3.21  motor vehicle safety standards.  
  3.22     (b) No motor vehicle operator who is operating a motor 
  3.23  vehicle on the streets and highways of this state may transport 
  3.24  a child under the age of four in a seat of a motor vehicle 
  3.25  equipped with a factory-installed seat belt, unless the child is 
  3.26  properly fastened in the child passenger restraint system.  A 
  3.27  peace officer shall stop a motor vehicle operator in violation 
  3.28  of this paragraph and issue a citation to the violator.  Any 
  3.29  motor vehicle operator who violates this subdivision is guilty 
  3.30  of a petty misdemeanor and may be sentenced to pay a fine of not 
  3.31  more than $50.  The fine may be waived or the amount reduced if 
  3.32  the motor vehicle operator produces evidence that within 14 days 
  3.33  after the date of the violation a child passenger restraint 
  3.34  system meeting federal motor vehicle safety standards was 
  3.35  purchased or obtained for the exclusive use of the operator.  
  3.36     (c) The fines collected for violations of this subdivision 
  4.1   must be deposited in the state treasury and credited to a 
  4.2   special account to be known as the Minnesota child passenger 
  4.3   restraint and education account. 
  4.4      Sec. 4.  Minnesota Statutes 1994, section 169.686, 
  4.5   subdivision 1, is amended to read: 
  4.6      Subdivision 1.  [SEAT BELT REQUIREMENT.] A properly 
  4.7   adjusted and fastened seat belt, including both the shoulder and 
  4.8   lap belt when the vehicle is so equipped, shall be worn by: 
  4.9      (1) the driver of a passenger vehicle or commercial motor 
  4.10  vehicle; and 
  4.11     (2) a passenger riding in the front seat of a passenger 
  4.12  vehicle or commercial motor vehicle; and 
  4.13     (3) a passenger riding in any seat of a passenger vehicle 
  4.14  who is older than three but younger than 11 years of age. 
  4.15     A person who is 15 years of age or older and who violates 
  4.16  clause (1) or (2) is subject to a fine of $25.  The driver of 
  4.17  the passenger vehicle or commercial motor vehicle in which the 
  4.18  violation occurred is subject to a $25 fine for a violation of 
  4.19  clause (2) or (3) by a child of the driver under the age of 15 
  4.20  or any child under the age of 11.  A peace officer may not issue 
  4.21  a citation for a violation of this section unless the officer 
  4.22  lawfully stopped or detained the driver of the motor vehicle for 
  4.23  a moving violation other than a violation involving motor 
  4.24  vehicle equipment.  The department of public safety shall not 
  4.25  record a violation of this subdivision on a person's driving 
  4.26  record. 
  4.27     Sec. 5.  Minnesota Statutes 1994, section 169.983, is 
  4.28  amended to read: 
  4.29     169.983 [SPEEDING VIOLATIONS; CREDIT CARD PAYMENT OF 
  4.30  FINES.] 
  4.31     The officer who issues a citation for a violation by a 
  4.32  person who does not reside in Minnesota of section 169.14 or 
  4.33  169.141 shall give the defendant the option to plead guilty to 
  4.34  the violation upon issuance of the citation and to pay the fine 
  4.35  to the issuing officer with a credit card. 
  4.36     The commissioner of public safety shall adopt rules to 
  5.1   implement this section, including specifying the types of credit 
  5.2   cards that may be used. 
  5.3      Sec. 6.  [REPORTS BY DEPARTMENTS OF TRANSPORTATION AND 
  5.4   PUBLIC SAFETY.] 
  5.5      The commissioners of transportation and public safety shall 
  5.6   file joint reports with the legislature's transportation 
  5.7   committees: 
  5.8      (1) on the impacts of the speed limit changes, by February 
  5.9   1, 1998; and 
  5.10     (2) on the efforts to enhance and promote traffic safety 
  5.11  education, by February 1, 1997. 
  5.12     Sec. 7.  [REPORT BY DEPARTMENT OF PUBLIC SAFETY.] 
  5.13     The commissioner of public safety shall file a report with 
  5.14  the legislature's transportation committees, along with a 
  5.15  proposal for implementation if appropriate, on graduated 
  5.16  drivers' licensing, by February 1, 1997. 
  5.17     Sec. 8.  [PUBLIC SAFETY APPROPRIATIONS; INCREASED PATROL 
  5.18  COMPLEMENT.] 
  5.19     (a) $467,000 is appropriated to the commissioner of public 
  5.20  safety from the general fund for the fiscal year ending June 30, 
  5.21  1997, for purposes of enhanced patrol and security services.  
  5.22  The complement of the state patrol is increased by six positions.
  5.23     (b) $3,385,000 is appropriated to the commissioner of 
  5.24  public safety from the trunk highway fund for the fiscal year 
  5.25  ending June 30, 1997, for purposes of enhanced patrol and 
  5.26  security services.  The complement of the state patrol is 
  5.27  increased by 40 positions. 
  5.28     Sec. 9.  [REPEALER.] 
  5.29     Minnesota Statutes 1994, sections 169.141; 169.99, 
  5.30  subdivision 1b; and 171.12, subdivision 6, are repealed. 
  5.31     Sec. 10.  [EFFECTIVE DATES.] 
  5.32     Sections 1, 2, 5, and 9 are effective the day following 
  5.33  final enactment, except that specific changes in speed limits 
  5.34  for a particular highway or freeway are not effective until the 
  5.35  specific highway or freeway is properly posted.  Sections 3 and 
  5.36  4 are effective August 1, 1996, for violations committed on and 
  6.1   after that date.  Sections 6 to 8 are effective July 1, 1996.