Bill Text: MN HF2323 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Child passenger restraint systems provisions modified to qualify for federal money, and commissioner of public safety authorized to accept federal money.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-15 - Introduction and first reading, referred to Transportation Policy and Finance [HF2323 Detail]
Download: Minnesota-2011-HF2323-Introduced.html
1.2relating to public safety; modifying provisions relating to child passenger
1.3restraint systems to qualify for federal money; authorizing commissioner of
1.4public safety to accept federal money; amending Minnesota Statutes 2010,
1.5sections 169.685, subdivision 6; 299A.01, subdivision 2, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
1.8 Subd. 6. Exceptions. (a) This section does not apply to:
1.9(1) a person transporting a child in an emergency medical vehicle while in the
1.10performance of official duties and when the physical or medical needs of the child make
1.11the use of a child passenger restraint system unreasonable or when a child passenger
1.12restraint system is not available;
1.13(2) a peace officer transporting a child while in the performance of official duties
1.14and when a child passenger restraint system is not available, provided that a seat belt
1.15must be substituted;
1.16(3) a person while operating a motor vehicle for hire, including a taxi, airport
1.17limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; and
1.18(4) a person while operating a school bus; and as defined in section 169.011,
1.19subdivision 71, that has a gross vehicle weight rating of greater than 10,000 pounds.
1.20(5) a person while operating a type III vehicle described in section
169.011,
1.21subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
1.22requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
1.23title 49, part 571.
1.24(b) A child passenger restraint system is not required for a child who cannot, in the
1.25judgment of a licensed physician, be safely transported in a child passenger restraint
2.1system because of a medical condition, body size, or physical disability. A motor vehicle
2.2operator claiming exemption for a child under this paragraph must possess a typewritten
2.3statement from the physician stating that the child cannot be safely transported in a child
2.4passenger restraint system. The statement must give the name and birth date of the child,
2.5be dated within the previous six months, and be made on the physician's letterhead or
2.6contain the physician's name, address, and telephone number. A person charged with
2.7violating subdivision 5 may not be convicted if the person produces the physician's
2.8statement in court or in the office of the arresting officer.
2.9(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
2.10restraint device to a customer renting or leasing the motor vehicle who requests the device.
2.11A reasonable rent or fee may be charged for use of the child passenger restraint device.
2.12 Sec. 2. Minnesota Statutes 2010, section 299A.01, subdivision 2, is amended to read:
2.13 Subd. 2. Duties of commissioner. The duties of the commissioner shall include
2.14the following:
2.15(1) the coordination, development and maintenance of services contracts with
2.16existing state departments and agencies assuring the efficient and economic use of
2.17advanced business machinery including computers;
2.18(2) the execution of contracts and agreements with existing state departments for
2.19the maintenance and servicing of vehicles and communications equipment, and the use
2.20of related buildings and grounds;
2.21(3) the development of integrated fiscal services for all divisions, and the preparation
2.22of an integrated budget for the department;
2.23(4) the publication and award of grant contracts with state agencies, local units of
2.24government, and other entities for programs that will benefit the safety of the public;and
2.25(5) the acceptance of federal money for and on behalf of the state of Minnesota to
2.26carry out programs under the authority of the commissioner; and
2.27(6) the establishment of a planning bureau within the department.
2.28 Sec. 3. Minnesota Statutes 2010, section 299A.01, is amended by adding a subdivision
2.29to read:
2.30 Subd. 2a. Federal aid; appropriation. All federal money received by the
2.31commissioner is appropriated to the commissioner to be used for the purposes for which
2.32the funds are made available to be expended in accordance with subdivision 2, clause
2.33(5), and with federal laws and regulations.
1.3restraint systems to qualify for federal money; authorizing commissioner of
1.4public safety to accept federal money; amending Minnesota Statutes 2010,
1.5sections 169.685, subdivision 6; 299A.01, subdivision 2, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
1.8 Subd. 6. Exceptions. (a) This section does not apply to:
1.9(1) a person transporting a child in an emergency medical vehicle while in the
1.10performance of official duties and when the physical or medical needs of the child make
1.11the use of a child passenger restraint system unreasonable or when a child passenger
1.12restraint system is not available;
1.13(2) a peace officer transporting a child while in the performance of official duties
1.14and when a child passenger restraint system is not available, provided that a seat belt
1.15must be substituted;
1.16(3) a person while operating a motor vehicle for hire, including a taxi, airport
1.17limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; and
1.18(4) a person while operating a school bus
1.19subdivision 71, that has a gross vehicle weight rating of greater than 10,000 pounds.
1.20
1.21
1.22
1.23
1.24(b) A child passenger restraint system is not required for a child who cannot, in the
1.25judgment of a licensed physician, be safely transported in a child passenger restraint
2.1system because of a medical condition, body size, or physical disability. A motor vehicle
2.2operator claiming exemption for a child under this paragraph must possess a typewritten
2.3statement from the physician stating that the child cannot be safely transported in a child
2.4passenger restraint system. The statement must give the name and birth date of the child,
2.5be dated within the previous six months, and be made on the physician's letterhead or
2.6contain the physician's name, address, and telephone number. A person charged with
2.7violating subdivision 5 may not be convicted if the person produces the physician's
2.8statement in court or in the office of the arresting officer.
2.9(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
2.10restraint device to a customer renting or leasing the motor vehicle who requests the device.
2.11A reasonable rent or fee may be charged for use of the child passenger restraint device.
2.12 Sec. 2. Minnesota Statutes 2010, section 299A.01, subdivision 2, is amended to read:
2.13 Subd. 2. Duties of commissioner. The duties of the commissioner shall include
2.14the following:
2.15(1) the coordination, development and maintenance of services contracts with
2.16existing state departments and agencies assuring the efficient and economic use of
2.17advanced business machinery including computers;
2.18(2) the execution of contracts and agreements with existing state departments for
2.19the maintenance and servicing of vehicles and communications equipment, and the use
2.20of related buildings and grounds;
2.21(3) the development of integrated fiscal services for all divisions, and the preparation
2.22of an integrated budget for the department;
2.23(4) the publication and award of grant contracts with state agencies, local units of
2.24government, and other entities for programs that will benefit the safety of the public;
2.25(5) the acceptance of federal money for and on behalf of the state of Minnesota to
2.26carry out programs under the authority of the commissioner; and
2.27(6) the establishment of a planning bureau within the department.
2.28 Sec. 3. Minnesota Statutes 2010, section 299A.01, is amended by adding a subdivision
2.29to read:
2.30 Subd. 2a. Federal aid; appropriation. All federal money received by the
2.31commissioner is appropriated to the commissioner to be used for the purposes for which
2.32the funds are made available to be expended in accordance with subdivision 2, clause
2.33(5), and with federal laws and regulations.
