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HF 40

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/12/2020 04:16pm

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

Bill Text Versions

Engrossments
Introduction Posted on 06/12/2020

Current Version - as introduced

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A bill for an act
relating to transportation; authorizing administrative citations for certain violations
related to transit; amending Minnesota Statutes 2018, section 609.855, subdivisions
1, 7, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 609.855, subdivision 1, is amended to read:


Subdivision 1.

Unlawfully obtaining services; misdemeanor.

new text begin(a) new text endA 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 endWhere 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. 2.

Minnesota Statutes 2018, 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,new text begin a transit agent,new text end or any other person designated
by the transit provider as an authorized transit deleted text beginproviderdeleted text endnew text begin representativenew text end under this section.

new text begin (h) "Transit agent" means a peace officer, a community service officer, or a person who
is authorized by the transit provider to issue administrative citations as provided in this
section.
new text end

Sec. 3.

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 Administrative citations. new text end

new text begin (a) Subject to requirements established by the transit
provider, a transit agent may issue an administrative citation to a person who commits a
violation under subdivision 1, paragraph (a), clause (1), or paragraph (b), or under subdivision
3, if:
new text end

new text begin (1) the violation occurs in a transit vehicle or transit facility;
new text end

new text begin (2) the transit vehicle or transit facility utilizes self-service barrier-free fare collection;
and
new text end

new text begin (3) the public transit service is operated, whether in whole or in part, in the metropolitan
area, as defined in section 473.121, subdivision 2.
new text end

new text begin (b) A transit agent has the exclusive authority to issue an administrative citation under
this subdivision.
new text end

new text begin (c) Issuance of an administrative citation prevents imposition of a citation under
subdivision 1, paragraph (a), clause (1), or paragraph (b), or under subdivision 3, as
appropriate, and any criminal citation arising from the same conduct.
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 of $35 or contest the citation. 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 (e) The transit provider must provide a civil process that allows a person to contest an
administrative citation before a neutral third party. The transit provider 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 (f) Fines under this subdivision must be collected by the transit provider and maintained
in a separate account that is only used to cover the costs of enforcement activities under
this section.
new text end

new text begin (g) 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 EFFECTIVE DATE. new text end

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