HF 3085

as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:22pm

A bill for an act
relating to transportation; establishing a program for transit ambassadors and
administrative citations; amending certain penalties related to unlawfully obtaining
transit services; requiring a report; amending Minnesota Statutes 2018, sections
357.021, subdivision 6; 609.855, subdivision 1; Minnesota Statutes 2019
Supplement, section 357.021, subdivision 7; 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 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in this
paragraph, the court shall impose and the court administrator shall collect a $75 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, other than a violation of new text begin : (1) new text end a law or ordinance relating to vehicle
parking, for which there deleted text begin shall be deleted text end new text begin is new text end a $12 surcharge new text begin ; and (2) section 609.855, subdivision
1, for which there is a $25 surcharge new text end . When a defendant is convicted of more than one
offense in a case, the surcharge shall be imposed only once in that case. In the Second
Judicial District, the court shall impose, and the court administrator shall collect, an additional
$1 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
or petty misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.

(c) The court may not waive payment of the surcharge required under this subdivision.
Upon a showing of indigency or undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize payment of the surcharge
in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it to the
commissioner of management and budget.

(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.

(f) A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.

(g) The surcharge does not apply to administrative citations issued pursuant to section
169.999.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2019 Supplement, section 357.021, subdivision 7, is amended
to read:

Subd. 7.

Disbursement of surcharges by commissioner of management and
budget.

(a) Except as provided in paragraphs (b) to (d), the commissioner of management
and budget shall disburse surcharges received under subdivision 6 and section 97A.065,
subdivision 2, as follows:

(1) one percent shall be credited to the peace officer training account in the game and
fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer
authority for the purpose of enforcing game and fish laws; and

(2) 99 percent shall be credited to the general fund.

(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit new text begin the following to the general fund: new text end $47 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2 deleted text begin , and deleted text end new text begin ; new text end the $12 parking
surcharge deleted text begin , to the general fund deleted text end new text begin ; and the $25 surcharge for a violation of section 609.855,
subdivision 1 new text end .

(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional
$1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall transmit the surcharge to the commissioner of management
and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account
in the special revenue fund and amounts in the account are appropriated to the trial courts
for the administration of the petty misdemeanor diversion program operated by the Second
Judicial District Ramsey County Violations Bureau.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [473.4075] TRANSIT RIDER EXPERIENCE PROGRAM.
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 and the
terms defined in section 609.855, subdivision 7, have the meanings given them.
new text end

new text begin (b) "Program" means the transit rider experience program established in this section.
new text end

new text begin (c) "Transit agent" means a transit ambassador under this section or a peace officer, as
defined in section 626.84, subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin (a) By January 1, 2022, the council must implement a
transit rider experience program for transit ambassadors, fare payment inspection, and
administrative citations as provided in this section.
new text end

new text begin (b) In implementing the program, the council must:
new text end

new text begin (1) adopt a resolution that establishes the program and establishes fine amounts in
accordance with subdivision 5;
new text end

new text begin (2) establish policies and procedures that govern: (i) transit ambassadors; (ii) issuing an
administrative citation; and (iii) contesting an administration citation;
new text end

new text begin (3) consult with interested stakeholders on the design of the program; and
new text end

new text begin (4) develop a transit ambassador recruitment plan that includes informing and supporting
potential applicants who are: (i) representative of transit users; and (ii) from cultural, ethnic,
and racial communities that are historically underrepresented in state or local public service.
new text end

new text begin Subd. 3. new text end

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

new text begin (a) A transit agent has the
exclusive authority to issue an administrative citation to a person who commits a violation
under section 609.855, subdivision 1.
new text end

new text begin (b) 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.
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 Subd. 4. new text end

new text begin Administrative citations; disposition. new text end

new text begin (a) A person who commits a violation
under section 609.855, subdivision 1, and is issued an administrative citation under this
section must, within 90 days of issuance, pay the fine as specified 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.
new text end

new text begin (b) The council must provide a civil process for a person to contest the administrative
citation before a neutral third party. The council may employ a council employee not
associated with its transit operations 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.
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. 5. new text end

new text begin Administrative citations; penalties. new text end

new text begin (a) The amount of a fine under this section
must be set at no less than $35 and no more than $100.
new text end

new text begin (b) Subject to paragraph (a), the council may adopt a graduated structure that increases
the fine amount for second and subsequent violations.
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 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 section 609.855, subdivision 1, for the first time, unless the
person demonstrates financial hardship under criteria established by the council.
new text end

new text begin (d) Fines collected under this section must be maintained in a separate account that is
only used to cover the costs of the program.
new text end

new text begin (e) 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. 6. new text end

new text begin Fare inspection goal. new text end

new text begin The council must establish a goal that, beginning January
1, 2024, the council annually inspects fare compliance for at least ten percent of riders on
transit routes that use self-service barrier-free fare collection.
new text end

new text begin Subd. 7. new text end

new text begin Legislative report. new text end

new text begin By January 15, 2023, and by January 15 of each
odd-numbered year thereafter, the council must submit a report on the program to the
members and staff of the legislative committees with jurisdiction over transportation policy
and finance. At a minimum, the report must:
new text end

new text begin (1) provide an overview of program structure and implementation;
new text end

new text begin (2) review the activities of transit ambassadors;
new text end

new text begin (3) analyze impacts of the program on fare compliance and customer experience for
riders, including rates of fare violations;
new text end

new text begin (4) identify council performance compared to the fare inspection goal under subdivision
6; and
new text end

new text begin (5) make recommendations for legislative changes, if any.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

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

Sec. 4.

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

Subdivision 1.

Unlawfully obtaining services; new text begin petty new text end misdemeanor.

new text begin (a) new text end A person is
guilty of a new text begin petty new text end 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.

new text begin (c) A person who violates this subdivision must pay a fine of no more than $10.
new text end

new text begin EFFECTIVE DATE. new text end

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