HF 4518

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 10:39am

A bill for an act
relating to transportation; establishing a work zone safety pilot program; providing
for civil penalties; appropriating money.

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

Section 1. new text begin WORK ZONE SAFETY PILOT PROGRAM.
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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.
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new text begin (b) "Commissioners" means the commissioner of transportation as the lead in coordination
with the commissioner of public safety.
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new text begin (c) "Pilot program" means the work zone safety pilot program established in this section.
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new text begin (d) "Speed safety camera system" means an electronic system of one or more cameras
or other sensors that is capable of automatically producing recorded images of a motor
vehicle operated in violation of the speed limit, including related information technology
for recorded image storage, retrieval, and transmission.
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new text begin (e) "Speed safety camera system data" means government data, as defined in Minnesota
Statutes, section 13.02, subdivision 7, derived from a speed safety camera system under
this section.
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new text begin (f) "Work zone" has the meaning given in Minnesota Statutes, section 169.011,
subdivision 95.
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new text begin Subd. 2. new text end

new text begin Pilot program established. new text end

new text begin The commissioner of transportation, in coordination
with the commissioner of public safety, must implement a work zone safety pilot program
that provides for: (1) enforcement of speeding violations in a work zone through the use of
speed safety camera systems and issuance of administrative citations; and (2) public education
on the work zone safety pilot program, including before deployment, during deployment,
and after deployment.
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new text begin Subd. 3. new text end

new text begin General requirements. new text end

new text begin (a) The commissioners must begin pilot program field
operations no later than the 2023 construction season and run through the end of the 2024
construction season.
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new text begin (b) The pilot program must include establishment of a speed safety camera system in at
least two work zones on the trunk highway system, including in greater Minnesota. The
work zone speed limit at each location must be at least 45 miles per hour.
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new text begin (c) The pilot program must include:
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new text begin (1) training and qualification of licensed peace officers to inspect and calibrate a speed
safety camera system;
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new text begin (2) initial calibration of the speed safety camera system prior to deployment;
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new text begin (3) supervision by a licensed peace officer when the speed safety camera system is
deployed;
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new text begin (4) inspection and any necessary calibration of the speed safety camera system on a
daily basis by a qualified licensed peace officer that ensures, at a minimum:
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new text begin (i) accuracy of speed measurement; and
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new text begin (ii) reliability in only identifying applicable speed violations;
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new text begin (5) placement of conspicuous signage in conformance with Minnesota Statutes, section
169.06, to notify drivers that a speed safety camera system is in place to detect speeding
violations;
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new text begin (6) information on a website that, at a minimum, summarizes the pilot program and
identifies the geographic locations and dates of enforcement using speed safety camera
systems; and
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new text begin (7) a limitation that the speed safety camera system must only record the rear license
plate of a vehicle operated in violation of a speed limit and an area surrounding the vehicle
to the extent necessary to calculate vehicle speed.
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new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) A licensed peace officer may issue a warning or an
administrative citation to the owner or lessee of a motor vehicle that a speed safety camera
system detects is operated in violation of a speed limit in a work zone.
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new text begin (b) Use of a speed safety camera system under the pilot program is limited only to
enforcement within a work zone.
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new text begin (c) A licensed peace officer must only issue a warning for a violation under this section
that occurs within the first 30 days of use of a speed safety camera system at each pilot
program location.
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new text begin (d) Prior to issuing a warning or administrative citation under this section, a licensed
peace officer must:
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new text begin (1) inspect and certify the recorded images produced by a speed safety camera system;
and
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new text begin (2) confirm that at least two recorded images identify (i) the motor vehicle at different
locations, and (ii) the same fixed object in each of the images.
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new text begin Subd. 5. new text end

new text begin Administrative citations; requirements. new text end

new text begin (a) 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 for failure to
contest the citation or pay the fine.
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new text begin (b) An administrative citation may be issued through the United States mail if postmarked
within: (1) 14 days of the violation for a vehicle registered in Minnesota; or (2) 30 days of
the violation for a vehicle registered outside of Minnesota.
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new text begin Subd. 6. new text end

new text begin Administrative citations; disposition. new text end

new text begin (a) A person who is issued an
administrative citation under this section must pay the fine as specified in subdivision 7 or
contest the citation prior to the due date specified for fine payment. 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.
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new text begin (b) The commissioners must provide a civil process for a person to contest the
administrative citation before a neutral third party. The commissioners may appoint an
employee to hear and rule on challenges to administrative citations or may contract with
another unit of government or a private entity to provide the service.
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new text begin (c) The commissioners 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 commissioners, 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.
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new text begin Subd. 7. new text end

new text begin Administrative citations; penalty; application. new text end

new text begin (a) A person who is issued
an administrative citation under this section must pay a fine of $50.
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new text begin (b) Paragraph (a) does not apply if:
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new text begin (1) the vehicle was stolen at the time of the violation;
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new text begin (2) a transfer of interest in the vehicle, in compliance with Minnesota Statutes, section
168A.10, was made before the time of the violation;
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new text begin (3) the vehicle owner is a lessor of the motor vehicle and the lessor identifies the name
and address of the lessee;
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new text begin (4) the vehicle is an authorized emergency vehicle being operated in the performance
of official duties; or
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new text begin (5) another person is convicted, within the meaning under Minnesota Statutes, section
171.01, subdivision 29, for the same violation.
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new text begin Subd. 8. new text end

new text begin Administrative citations; limitations. new text end

new text begin (a) The owner or lessee of a motor
vehicle operated in violation of a speed limit is not subject to an administrative citation if
the driver of the motor vehicle is issued an administrative citation for the same violation.
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new text begin (b) Issuance of an administrative citation under this section prevents imposition of a
citation under Minnesota Statutes, section 169.14 or 169.999, for the same conduct.
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new text begin (c) A violation under this section does not constitute grounds for revocation or suspension
of the owner's or lessee's driver's license.
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new text begin Subd. 9. new text end

new text begin Agreements. new text end

new text begin The commissioner of transportation may enter into agreements
with the commissioner of public safety and with a private entity. Payment under a contract
to a private entity must not be based on the number of citations issued.
new text end

new text begin Subd. 10. new text end

new text begin Consultation. new text end

new text begin In design, implementation, data collection, and evaluation of
the pilot program, the commissioners must consult with representatives from the State Patrol,
the Minnesota Safety Council, the highway construction industry, organized labor,
transportation researchers, and other interested stakeholders.
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new text begin Subd. 11. new text end

new text begin Data practices. new text end

new text begin (a) Speed safety camera system data are private data on
individuals as defined in Minnesota Statutes, section 13.02, subdivision 12, or nonpublic
data as defined in Minnesota Statutes, section 13.02, subdivision 9.
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new text begin (b) Speed safety camera system data may only be used for speed enforcement and crash
investigations in work zones.
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new text begin (c) Notwithstanding Minnesota Statutes, section 138.17, speed safety camera system
data must be destroyed within 24 hours of collection of the data unless, as a result of
collection of the data, a citation is issued for violation of a speed limit or the data are active
investigative data.
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new text begin (d) A contract with a private entity under subdivision 9 must comply with Minnesota
Statutes, section 13.05, subdivision 11. The private entity may use the data gathered only
for purposes of the pilot program.
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new text begin Subd. 12. new text end

new text begin Allocation of funds. new text end

new text begin Fines collected under this section must be maintained
in a separate special revenue account.
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new text begin Subd. 13. new text end

new text begin Evaluation. new text end

new text begin (a) The commissioners must arrange an independent evaluation
of the pilot program. The evaluation must be performed by a nonprofit transportation research
entity from outside the transportation and public safety departments. At a minimum, the
evaluation must provide an analysis of the effectiveness of speed safety camera systems in
supporting construction worker safety and reducing traffic crashes, injuries, and fatalities.
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new text begin (b) By February 1, 2025, the commissioners must submit a copy of the evaluation to the
members and staff of the legislative committees with jurisdiction over transportation policy
and finance.
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new text begin Subd. 14. new text end

new text begin Expiration. new text end

new text begin The pilot program under this section expires on February 1, 2025.
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Sec. 2. new text begin WORK ZONE SAFETY; APPROPRIATION.
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new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
transportation for the work zone safety pilot program under section 1. This appropriation
may be used for interagency agreements, contracts with private entities, public education,
safe driving classes for offenders in lieu of fine payment, and the pilot program evaluation.
This is a onetime appropriation and is available until June 30, 2025.
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