SF 359

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to health; prohibiting smoking in motor vehicles with children;
appropriating money; amending Minnesota Statutes 2008, section 357.021,
subdivisions 6, 7; 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 [169.472] SMOKING RESTRICTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section: (1) "moving violation" has the
meaning given in section 171.04, subdivision 1; and (2) "smoke" means to inhale or
exhale smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant
product. Smoke also includes carrying a lighted cigar, cigarette, pipe, or any other lighted
tobacco or plant product intended for inhalation.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) No person may smoke in a motor vehicle that
is transporting a child who is under the age of 16 years.
new text end

new text begin (b) The driver of the vehicle is guilty of a petty misdemeanor if the driver or a
passenger violates this section. A passenger who violates this section is also guilty of
a petty misdemeanor. A person convicted of a petty misdemeanor under this section
is subject to a $25 fine.
new text end

new text begin (c) The Department of Public Safety may not record a violation of this section on a
person's driving record.
new text end

new text begin (d) A peace officer may not issue a citation for a violation of this section unless the
officer lawfully stopped or detained the driver of the vehicle for a moving violation.
new text end

new text begin Subd. 3. new text end

new text begin Fine, surcharge; appropriation. new text end

new text begin (a) Fines collected under this section
must be deposited into the special revenue account.
new text end

new text begin (b) Money from fines described in paragraph (a) and from surcharges collected
under section 357.021, subdivisions 6 and 7, paragraph (e), for violations of this section,
are appropriated to the commissioner of health for tobacco prevention grants under section
144.396, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge new text begin , and other than a violation of section
169.472, for which there shall be a $25 surcharge new text end . In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of finance.

(a) Except as
provided in paragraphs (b), (c), deleted text begin and deleted text end (d), new text begin and (e), new text end the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner
of finance shall credit $47 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the $4 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of
the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

new text begin (e) The commissioner of finance shall deposit the entire surcharge collected under
subdivision 6 for violations of section 169.472 in the special revenue account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to acts
committed on or after that date.
new text end