HF 3740

as introduced - 91st Legislature (2019 - 2020) Posted on 02/26/2020 09:23pm

A bill for an act
relating to transportation; governing transit safety, fare payment compliance, and
administrative citations; requiring grants and allocation of funds; establishing
penalties; requiring a report; amending Minnesota Statutes 2018, sections 473.4051,
by adding a subdivision; 473.407, by adding a subdivision; 609.855, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Section 1.

Minnesota Statutes 2018, section 473.4051, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Operating costs; transit safety. new text end

new text begin (a) Annually by March 31, each county in
which light rail transit service is operated must remit an amount to the council such that the
total provided under this subdivision equals:
new text end

new text begin (1) the total expenditures of the council in the previous calendar year for public safety
monitoring and reporting under section 473.4065, subdivisions 3 and 4, and fare payment
inspection and enforcement activities under section 473.4085; less
new text end

new text begin (2) the total administrative fine revenue collected under section 473.4085 in the previous
calendar year.
new text end

new text begin (b) The amount remitted by each county must be in proportion to that county's share of
total light rail transit ridership in the previous calendar year, as determined by the council.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. This section applies in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end

Sec. 2.

new text begin [473.4065] TRANSIT SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Code of conduct. new text end

new text begin The council must adopt a rider code of conduct for
transit passengers. The council must post a copy of the code of conduct in a prominent
location at each light rail transit station and each park-and-ride station.
new text end

new text begin Subd. 2. new text end

new text begin Paid fare zones. new text end

new text begin The council must establish and clearly designate paid fare
zones at each station or stop where the council utilizes self-service barrier-free fare collection.
new text end

new text begin Subd. 3. new text end

new text begin Light rail transit facility monitoring. new text end

new text begin (a) The council must implement public
safety monitoring and response activities at light rail transit facilities, which must include:
new text end

new text begin (1) placement of security cameras and sufficient associated lighting that provide live
coverage for (i) the entire area at each light rail transit station, and (ii) each light rail transit
vehicle;
new text end

new text begin (2) installation of a public address system at each light rail transit station that is capable
of providing information and warnings to passengers; and
new text end

new text begin (3) real-time active monitoring of passenger activity and potential violations throughout
the light rail transit system.
new text end

new text begin (b) The monitoring activities must include timely maintenance or replacement of
malfunctioning cameras or public address systems.
new text end

new text begin Subd. 4. new text end

new text begin Legislative report. new text end

new text begin By November 15 annually, the council must submit a report
on transit safety and fare compliance to the members and staff of the legislative committees
with jurisdiction over transportation policy and finance and to the members of the Legislative
Commission on Metropolitan Government. 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;
new text end

new text begin (2) describe public safety monitoring and response activities as required under subdivision
3;
new text end

new text begin (3) review the policies and procedures related to fare payment inspection and enforcement
as required under section 473.4085; and
new text end

new text begin (4) provide data and analysis of violations and citations, including but not limited to
information on fare compliance, criminal activity, administrative citations, and incident
reports submitted by council employees.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective June 1, 2020. This
section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end

Sec. 3.

Minnesota Statutes 2018, section 473.407, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Staffing complement. new text end

new text begin The council must not reduce the staff complement of
peace officers under this section to below the average staffing level for 2017 to 2019.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. This section applies in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end

Sec. 4.

new text begin [473.4085] TRANSIT FARES; ADMINISTRATIVE CITATIONS;
PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Fare medium" has the meaning given in section 609.855, subdivision 7.
new text end

new text begin (c) "Proof of fare payment" has the meaning given in section 609.855, subdivision 7.
new text end

new text begin (d) "Transit enforcement official" means a person authorized by the council to perform
fare inspection and enforcement under this section.
new text end

new text begin (e) "Transit service" includes but is not limited to (1) entering or riding upon a transit
vehicle, and (2) presence in a paid fare zone designated by the council.
new text end

new text begin Subd. 2. new text end

new text begin Fare payment requirements. new text end

new text begin (a) No person may intentionally obtain or facilitate
transit service from the council, whether for oneself or another, through any of the following:
new text end

new text begin (1) occupying a transit vehicle without paying the applicable fare or otherwise obtaining
the consent of the council; or
new text end

new text begin (2) using or attempting to use a fare medium for fare payment or proof of fare payment
that is invalid under the prevailing conditions, including but not limited to presenting:
new text end

new text begin (i) a falsified, counterfeit, or otherwise deceptively manipulated fare medium; or
new text end

new text begin (ii) a document that is not a fare medium.
new text end

new text begin (b) In any location where the council utilizes self-service barrier-free fare collection, it
is a violation of this subdivision to intentionally fail to exhibit proof of fare payment upon
the request of a peace officer or transit enforcement official when entering, riding upon, or
leaving a transit vehicle, or when present in a paid fare zone designated by the council.
new text end

new text begin Subd. 3. new text end

new text begin Transit enforcement officials; duties. new text end

new text begin Duties of a transit enforcement official
include:
new text end

new text begin (1) performing fare payment compliance inspections;
new text end

new text begin (2) issuing administrative citations for a fare violation under subdivision 2; and
new text end

new text begin (3) obtaining assistance from peace officers upon identifying passenger activity that
threatens public safety or violates the code of conduct.
new text end

new text begin Subd. 4. new text end

new text begin Transit enforcement officials; staffing. new text end

new text begin (a) The council must maintain a
minimum staff complement of transit enforcement officials that equals at least one full-time
equivalent per light rail transit station.
new text end

new text begin (b) In determining the schedules and patrol patterns for transit enforcement officials,
the council must give consideration to transit facilities with concentrations of criminal
activity and violations of the code of conduct.
new text end

new text begin Subd. 5. new text end

new text begin Administrative citations; implementation; administration. new text end

new text begin (a) By June 1,
2020, the council must implement enhanced transit safety measures that include fare payment
inspection and enforcement as provided in this section.
new text end

new text begin (b) As part of implementation, the council must establish policies and procedures that
address (1) designation and training of transit enforcement officials, and (2) issuance of
administrative citations.
new text end

new text begin (c) The council may contract with credit bureaus, public and private collection agencies,
the Department of Revenue, and other public or private entities providing collection services
as necessary for the collection of fine debts under this section. As determined by the council,
collection costs are added to the debts referred to a public or private collection entity for
collection. Collection costs include the fees of the collection entity and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, and fees assessed
by any public entity for obtaining information necessary for debt collection. If the collection
entity collects an amount less than the total due, the payment is applied proportionally to
collection costs and the underlying debt.
new text end

new text begin Subd. 6. new text end

new text begin Administrative citations; authority; issuance. new text end

new text begin (a) A peace officer and a transit
enforcement official have the exclusive authority to issue an administrative citation to a
person who commits a violation under subdivision 2.
new text end

new text begin (b) A peace officer or transit enforcement official who issues an administrative citation
to a person must provide the person with notice of the penalties under subdivision 7.
new text end

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

new text begin (d) Issuance of an administrative citation prevents imposition of a citation under section
609.855, subdivision 1, or any criminal citation arising from the same conduct.
new text end

new text begin Subd. 7. new text end

new text begin Administrative citations; penalties. new text end

new text begin (a) A person who is issued an
administrative citation under this section must pay a fine of:
new text end

new text begin (1) $50 for a first offense;
new text end

new text begin (2) $75 for a second offense; or
new text end

new text begin (3) $100 for a third or subsequent offense.
new text end

new text begin (b) A person who is issued an administrative citation under this section is prohibited
from accessing transit service provided by the council as follows:
new text end

new text begin (1) for 30 days from the date of issuance of the administrative citation; or
new text end

new text begin (2) for a second or subsequent offense under this section within one year, for 60 days
from the date of issuance.
new text end

new text begin (c) The council may adopt an alternative resolution procedure under which a person
may resolve an administrative citation in lieu of a fine or prohibition on accessing transit
service by complying with terms established by the council for community service.
new text end

new text begin Subd. 8. new text end

new text begin Use of funds. new text end

new text begin Fines collected under this section must be maintained in a separate
account that is only used to cover the costs of (1) fare inspection and enforcement activities
under this section, and (2) facility monitoring under section 473.4065, subdivision 3. The
council must separately identify revenue and expenditures from the account in its budget
and financial statements.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment, except that subdivision 2 is effective June 1, 2020. This section applies in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.855, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Mandatory ban. new text end

new text begin (a) A person who is convicted of a misdemeanor violation
under this section is prohibited from accessing Metropolitan Council transit service for 30
days from the date of conviction.
new text end

new text begin (b) A person who is convicted of a gross misdemeanor violation committed in a transit
vehicle or facility operated by the Metropolitan Council is prohibited from accessing
Metropolitan Council transit service for six months from the date of conviction.
new text end

new text begin (c) A person who is convicted of a felony violation committed in a transit vehicle or
facility operated by the Metropolitan Council is prohibited from accessing Metropolitan
Council transit service for one year from the date of conviction.
new text end

new text begin (d) For purposes of this subdivision, Metropolitan Council transit service includes but
is not limited to (1) entering or riding upon a transit vehicle, and (2) presence in a paid fare
zone designated by the council.
new text end

new text begin (e) A person who intentionally violates the requirements under this subdivision is guilty
of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.855, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Notice on citation or arrest. new text end

new text begin A peace officer who performs an arrest or issues
a citation to a person for a violation under this section must provide the person with notice
of the prohibitions under subdivision 6a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 7. new text begin TRANSIT PUBLIC SAFETY GRANTS.
new text end

new text begin The Metropolitan Council must make grants from its transportation budget reserves
totaling at least $2,000,000 to the Minneapolis Police Department, the St. Paul Police
Department, the Hennepin County Sheriff's Office, and the Ramsey County Sheriff's Office.
The grants are to provide enhanced public safety and enforcement activities in 2020 at light
rail transit facilities. The council must make grant payments in full by June 30, 2020.
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 in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end