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HF 1306

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 04:32pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to metropolitan government; public transit; authorizing the Metropolitan
Council to issue administrative citations for transit fare evasion and impose civil
fines; making a technical and clarifying change; requiring a report; amending
Minnesota Statutes 2020, section 609.855, subdivisions 1, 7, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [473.4075] TRANSIT SAFETY REPORTING.
new text end

new text begin (a) By February 15 annually, the council must submit a report on transit safety and
administrative citations to the members and staff of the legislative committees with
jurisdiction over transportation policy and finance.
new text end

new text begin (b) At a minimum, the report must:
new text end

new text begin (1) provide an overview of transit safety issues and actions taken by the council to
improve safety;
new text end

new text begin (2) provide an overview of administrative citations under section 609.855, subdivision
8, including a summary of implementation and analysis of impacts of the program on fare
compliance and customer experience for riders;
new text end

new text begin (3) for each of the previous three calendar years, provide data and statistics on:
new text end

new text begin (i) crime rates occurring on public transit vehicles and at transit stops and stations;
new text end

new text begin (ii) the number of warnings and criminal citations issued by the Metropolitan Transit
Police, with a breakout by categorized reasons for a warning or citation; and
new text end

new text begin (iii) the number of administrative citations issued, with a breakout by issuance by peace
officers, community service officers, and other authorized nonsworn personnel;
new text end

new text begin (4) for each of the previous three calendar years, state the number of peace officers
employed by the Metropolitan Transit Police Department;
new text end

new text begin (5) state the average number of peace officers employed by the Metropolitan Transit
Police Department for the previous three calendar years; and
new text end

new text begin (6) make recommendations on how to improve safety on public transit and transit stops
and stations, and for legislative changes, if any.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.855, subdivision 1, is amended to read:


Subdivision 1.

Unlawfully obtaining services; misdemeanor.

new text begin (a) new text end A person is guilty
of a misdemeanor who intentionally obtains or attempts to obtain service for himself, herself,
or another person from a provider of public transit or from a public conveyance by doing
any of the following:

(1) occupies or rides in any public transit vehicle without paying the applicable fare or
otherwise obtaining the consent of the transit provider including:

(i) the use of a reduced fare when a person is not eligible for the fare; or

(ii) the use of a fare medium issued solely for the use of a particular individual by another
individual;

(2) presents a falsified, counterfeit, photocopied, or other deceptively manipulated fare
medium as fare payment or proof of fare payment;

(3) sells, provides, copies, reproduces, or creates any version of any fare medium without
the consent of the transit provider; or

(4) puts or attempts to put any of the following into any fare box, pass reader, ticket
vending machine, or other fare collection equipment of a transit provider:

(i) papers, articles, instruments, or items other than fare media or currency; or

(ii) a fare medium that is not valid for the place or time at, or the manner in, which it is
used.

new text begin (b) new text end Where self-service barrier-free fare collection is utilized by a public transit provider,
it is a violation of this subdivision to intentionally fail to exhibit proof of fare payment upon
the request of an authorized transit representative when entering, riding upon, or leaving a
transit vehicle or when present in a designated paid fare zone located in a transit facility.

Sec. 3.

Minnesota Statutes 2020, section 609.855, subdivision 7, is amended to read:


Subd. 7.

Definitions.

(a) The definitions in this subdivision apply in this section.

(b) "Public transit" or "transit" has the meaning given in section 174.22, subdivision 7.

(c) "Public transit vehicle" or "transit vehicle" means any vehicle used for the purpose
of providing public transit, whether or not the vehicle is owned or operated by a public
entity.

(d) "Public transit facilities" or "transit facilities" means any vehicles, equipment,
property, structures, stations, improvements, plants, parking or other facilities, or rights that
are owned, leased, held, or used for the purpose of providing public transit, whether or not
the facility is owned or operated by a public entity.

(e) "Fare medium" means a ticket, smart card, pass, coupon, token, transfer, or other
medium sold or distributed by a public transit provider, or its authorized agents, for use in
gaining entry to or use of the public transit facilities or vehicles of the provider.

(f) "Proof of fare payment" means a fare medium valid for the place or time at, or the
manner in, which it is used. If using a reduced-fare medium, proof of fare payment also
includes proper identification demonstrating a person's eligibility for the reduced fare. If
using a fare medium issued solely for the use of a particular individual, proof of fare payment
also includes an identification document bearing a photographic likeness of the individual
and demonstrating that the individual is the person to whom the fare medium is issued.

(g) "Authorized transit representative" means the person authorized by the transit provider
to operate the transit vehicle, a peace officer, or any other person designated by the transit
provider as an authorized transit deleted text begin providerdeleted text end new text begin representativenew text end under this section.

Sec. 4.

Minnesota Statutes 2020, section 609.855, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Administrative citations. new text end

new text begin (a) Subject to requirements established by the
Metropolitan Council, the council may issue an administrative citation to a person who
commits a violation under subdivision 1, paragraph (a), clause (1), if the violation occurs
in a council transit vehicle or transit facility in the metropolitan area, as defined in section
473.121, subdivision 2, or, in the case of commuter rail service, the violation occurs in a
council commuter vehicle or commuter facility in any corridor that is located in whole or
in part in the metropolitan area.
new text end

new text begin (b) Transit fare compliance may be enforced and administrative citations may be issued
by peace officers of the council's Metropolitan Transit Police, and by community service
officers or other nonsworn personnel as authorized by the council.
new text end

new text begin (c) Issuance of an administrative citation prevents imposition of a misdemeanor citation
under subdivision 1, paragraph (a), clause (1).
new text end

new text begin (d) A person who is issued an administrative citation under this subdivision must, within
90 days of issuance, pay a fine as determined by the council. The council must set the amount
of the fine at no less than $35. The council may establish an escalating fine structure for
persons who fail to pay administrative fines or repeatedly violate subdivision 1, paragraph
(a), clause (1).
new text end

new text begin (e) The council may adopt an alternative resolution procedure under which a person
may resolve an administrative citation in lieu of paying a fine by complying with terms
established by the council for community service, prepayment of future transit fares, or
both. The alternative resolution procedure must be available only to a person who has
committed a violation under subdivision 1, paragraph (a), clause (1), for the first time, unless
the person demonstrates financial hardship under criteria established by the council.
new text end

new text begin (f) A person who fails to either pay the fine or contest the citation within the specified
period is considered to have waived the contested citation process and is subject to
collections, including collection costs.
new text end

new text begin (g) The council must provide a civil process that allows a person to contest an
administrative citation before a neutral third party. The council may employ a person not
associated with its transit operations, or enter into an agreement with another unit of
government, to hear and rule on challenges to administrative citations.
new text end

new text begin (h) The council must collect and maintain fines under this subdivision in a separate
account that is only used to cover costs under this section.
new text end

new text begin (i) An administrative citation must include notification that the person has the right to
contest the citation, basic procedures for contesting the citation, and information on the
timeline and consequences related to the citation.
new text end

new text begin (j) The council must not mandate or suggest a quota for the issuance of administrative
citations under this section.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to violations committed on or after that date. This act applies
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Sherburne, and
Washington.
new text end