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HF 1343

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2021 03:36pm

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

Current Version - as introduced

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A bill for an act
relating to metropolitan government; public transit; prohibiting unauthorized use
of bus rapid transit fixed guideways; clarifying Metropolitan Transit Police
jurisdiction over bus rapid transit guideways; imposing penalties; making a technical
change; amending Minnesota Statutes 2020, sections 473.4057, subdivision 7;
473.407, subdivision 1; 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 [169.307] UNAUTHORIZED USE OF FIXED GUIDEWAYS FOR BUS
RAPID TRANSIT.
new text end

new text begin Subdivision 1. new text end

new text begin Unauthorized use of fixed guideways for bus rapid transit. new text end

new text begin (a) A fixed
guideway for bus rapid transit located in the metropolitan area, as defined in section 473.121,
subdivision 2, may only be used by:
new text end

new text begin (1) the Metropolitan Council and its agents, employees, contractors, and utilities when
carrying out duties imposed by law or contract; and
new text end

new text begin (2) an authorized emergency vehicle, as defined in section 169.011, subdivision 3, when
operated by an individual engaged in the lawful performance of official duties.
new text end

new text begin All other uses, including pedestrian and bicycle use, are prohibited.
new text end

new text begin (b) For purposes of this section, "fixed guideway for bus rapid transit" means a separate
fixed guideway reserved exclusively for bus rapid transit.
new text end

new text begin Subd. 2. new text end

new text begin Petty misdemeanor. new text end

new text begin Any person who violates this section is guilty of a petty
misdemeanor and subject to the provisions of sections 169.89, subdivisions 1, 2, and 4; and
169.891; and any other provision of chapter 169 applicable to the commission of a petty
misdemeanor traffic offense.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin Every sheriff, police officer, or other peace officer shall have
authority to enforce the provisions of this section and shall have authority to arrest and
prosecute offenders for violations of this section. A peace officer may issue a citation in
lieu of arrest to an individual if the peace officer has probable cause to believe that the
individual violated this section.
new text end

Sec. 2.

Minnesota Statutes 2020, section 473.4057, subdivision 7, is amended to read:


Subd. 7.

Expenditure of funds and exercise of powers.

In carrying out its
responsibilities under this section and notwithstanding any other law to the contrary, the
council may expend funds and exercise, both inside and outside the metropolitan area, those
powers in this chapter that are necessary or convenient for those purposes. The jurisdiction
of the Metropolitan Transit Police under section deleted text begin 473.405deleted text end new text begin 473.407new text end extends to offenses relating
to the operation, property, facilities, equipment, employees, and passengers of any commuter
rail facilities and services that are subject to this section.

Sec. 3.

Minnesota Statutes 2020, section 473.407, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

The council may appoint peace officers, as defined in
section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (f), known as the Metropolitan Transit
Police, to police its transit property and routes, to carry out investigations, and to make
arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement agency
is limited to offenses relating to council transit property, equipment, employees, and
passengers. The jurisdiction of the Metropolitan Transit Police shall include traffic lanes
designed for bus or transit use, freeway or expressway shoulders in the seven-county
metropolitan area used by authorized transit buses and Metro Mobility buses under section
169.306, deleted text begin anddeleted text end high-occupancy vehicle lanes used by transit busesnew text begin , and fixed guideways for
bus rapid transit
new text end . Upon request from, or under an agreement with, any law enforcement
agency and subject to the availability of its personnel and other resources, the Metropolitan
Transit Police may exercise general law enforcement agency authority to assist any law
enforcement agency in implementing or carrying out law enforcement activities, programs,
or initiatives. If the commissioner of transportation contracts with the Metropolitan Council
for operation of commuter rail facilities under section 174.90, the jurisdiction of the
Metropolitan Transit Police extends to offenses relating to the operation, property, facilities,
equipment, employees, and passengers of the commuter rail facilities located in and outside
of the metropolitan area.

Sec. 4. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington.
new text end