SF 1513

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 11:59am

A bill for an act
relating to metropolitan government; public transit; authorizing the Metropolitan
Council to issue administrative citations for transit fare evasion and impose civil
fines; authorizing transit agents; requiring the Metropolitan Council to implement
transit safety measures; imposing a transit ban on persons convicted of certain
crimes; requiring a report; making a technical and clarifying change; amending
Minnesota Statutes 2020, sections 473.4051, by adding a subdivision; 473.407,
by adding a subdivision; 609.855, by adding a subdivision; 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 2020, 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, subdivision 3, and for the transit
enforcement and administrative citation program under section 473.4075; less
new text end

new text begin (2) the total administrative fine revenue collected under section 473.4075 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 August 1, 2021. 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 light rail transit station 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 that 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 EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2021. This
section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end

Sec. 3.

Minnesota Statutes 2020, 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 the most recent three
calendar years.
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 [473.4075] TRANSIT ENFORCEMENT AND ADMINISTRATIVE
CITATION 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.
new text end

new text begin (b) "Program" means the transit enforcement and administrative citation program
established in this section.
new text end

new text begin (c) "Transit agent" means a uniformed transit safety official under this section, a
community service officer, or a peace officer, as defined in section 626.84, subdivision 1.
For purposes of section 609.855, a transit agent is an authorized transit representative.
new text end

new text begin (d) "Uniformed transit safety official" means authorized transit representatives who are
not peace officers or community service officers.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin (a) The council must implement the transit enforcement
and administrative citation program as provided in this section. The council must consult
with interested stakeholders on the design of the program. The council must establish policies
and procedures to implement the provisions of this section. The policies and procedures
must govern:
new text end

new text begin (1) uniformed transit safety officials;
new text end

new text begin (2) the process of issuing an administrative citation;
new text end

new text begin (3) the process for contesting an administrative citation; and
new text end

new text begin (4) the uniform to be worn by all uniformed transit safety officials. The uniform must
be designed so that the individual wearing the uniform is readily identifiable as a uniformed
transit safety official.
new text end

new text begin (b) The council may provide training for uniformed transit safety officials on the
following topics:
new text end

new text begin (1) early warning techniques, crisis intervention, conflict de-escalation, and conflict
resolution;
new text end

new text begin (2) identification of persons likely in need of social services;
new text end

new text begin (3) locally available social service providers, including services for homelessness, mental
health, and addiction; and
new text end

new text begin (4) policies and procedures for administrative citations.
new text end

new text begin Subd. 3. new text end

new text begin Uniformed transit safety official duties. new text end

new text begin (a) The duties of a uniformed transit
safety official are prescribed by this section. The council must not assign any additional
duties to uniformed transit safety officials. A uniformed transit safety official:
new text end

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

new text begin (2) must issue administrative citations for fare violations;
new text end

new text begin (3) must monitor and respond to passenger activity, including:
new text end

new text begin (i) educating passengers and explaining expectations related to the council's rider code
of conduct; and
new text end

new text begin (ii) assisting passengers in obtaining social services, such as through information and
referrals;
new text end

new text begin (4) must provide information and assistance to passengers in navigating the transit
system;
new text end

new text begin (5) must obtain assistance from peace officers upon identifying passenger activity that
threatens public safety; and
new text end

new text begin (6) may obtain assistance from peace officers, community service officers, or other
appropriate resources upon identifying passenger activity that violates the code of conduct.
new text end

new text begin (b) A uniformed transit safety official must wear the uniform established by the council
at all times when on duty.
new text end

new text begin Subd. 4. new text end

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

new text begin (a) Upon implementation of
the program, 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, clause (1). Transit
fare compliance must be enforced by a transit agent. A uniformed transit safety official
must issue a citation or written warning for a violation of section 609.855, subdivision 1,
clause (1), as deemed appropriate by the official. A written warning issued by a uniformed
transit safety official must be reported and recorded in the same manner as a citation. A
community service officer must issue a citation or a verbal or written warning for a violation
of section 609.855, subdivision 1, clause (1), as deemed appropriate by the officer. A peace
officer must issue an administrative citation pursuant to this section, a criminal citation, or
a verbal or written warning for a violation of section 609.855, subdivision 1, clause (1), as
deemed appropriate by the officer.
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 (d) Issuance of an administrative citation prevents imposition of a citation under section
609.855, subdivision 1, clause (1), or any criminal citation arising from the same conduct.
new text end

new text begin Subd. 5. 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, clause (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 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 608.855, subdivision 1, clause (1), for the first time,
unless the person demonstrates financial hardship under criteria established by the council.
new text end

new text begin (c) 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.
new text end

new text begin (d) The council must attempt to collect fine debts imposed under this section. If the
council is unable to collect the debt, the council must contract with credit bureaus, public
and private collection agencies, the Department of Revenue, or other public or private
entities providing collection services as necessary for 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; penalties. new text end

new text begin (a) A person who is issued an
administrative citation under this section must pay a fine of no less than $35. The council
may establish an escalating fine structure for persons who fail to pay administrative fines
or repeatedly violate section 609.855, subdivision 1, clause (1).
new text end

new text begin (b) A person who is issued an administrative citation or written warning under this
section for a third or subsequent offense within 12 months of a previous administrative
citation or written warning is prohibited from accessing transit service provided by the
council for 60 days from the date of issuance.
new text end

new text begin Subd. 7. 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) the program established by 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 August 1, 2021. This
section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end

Sec. 5.

new text begin [473.4077] LEGISLATIVE REPORT; TRANSIT SAFETY; TRANSIT
ENFORCEMENT AND ADMINISTRATIVE CITATION PROGRAM.
new text end

new text begin (a) By February 15 annually, the council must submit a report on transit safety measures
required by section 473.4065 and the transit enforcement and administrative citation program
established in section 473.4075 to the chairs and ranking minority members 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 transit safety issues and actions taken by the council to
improve safety, including improvements made to equipment and infrastructure;
new text end

new text begin (2) provide an overview of the transit enforcement and administrative citation program
established in section 473.4075 and the program's structure and implementation;
new text end

new text begin (3) provide an overview of the activities of transit safety agents, including specifically
describing the activities of uniformed transit service officials;
new text end

new text begin (4) provide a description of all policies adopted pursuant to section 473.4075, the need
for the policy, and a copy of each policy;
new text end

new text begin (5) if the council adopted an alternative resolution procedure pursuant to section 473.4075,
subdivision 5, provide a description of that procedure, the criteria used to determine financial
hardship, and for each of the three past calendar years, how frequently the procedure was
used, the number of community service hours performed, and the total amount paid as
prepayment of transit fares;
new text end

new text begin (6) for each of the past three calendar years, identify the number of fare compliance
inspections that were done, including the total number and the number as a percentage of
total riders;
new text end

new text begin (7) for each of the past three calendar years, state the number of warnings and citations
issued by the Metropolitan Transit police and transit agents and a breakdown of which type
of officer or official issued the citation; the statutory authority for issuing the warning or
citation; and the numbers for the reasons the warning or citation was issued;
new text end

new text begin (8) for each of the past three calendar years, state the number of administrative citations
that were appealed pursuant to section 473.4075, the number of those citations that were
dismissed on appeal, and a breakdown of the reasons for dismissal;
new text end

new text begin (9) for each of the past three calendar years, include data and statistics on crime rates
occurring on public transit vehicles and surrounding transit stops and stations;
new text end

new text begin (10) analyze impacts of the administrative citation program on fare compliance and
customer experience for riders, including rates of fare violations;
new text end

new text begin (11) for each of the past three calendar years, state the number of peace officers employed
by the Metropolitan Transit police department;
new text end

new text begin (12) state the average number of peace officers employed by the Metropolitan Transit
police department for the previous three calendar years;
new text end

new text begin (13) for each of past three years, state the number of community service officers who
served as transit agents;
new text end

new text begin (14) for each of the past three years, state the number of uniformed transit safety officials
who served as transit agents; and
new text end

new text begin (15) make recommendations on the following:
new text end

new text begin (i) changes to the administrative citation program; and
new text end

new text begin (ii) how to improve safety on public transit and transit stops and stations.
new text end

new text begin (b) The definitions in section 473.4075 apply to this section.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2021, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 6.

Minnesota Statutes 2020, 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 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 (b) 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 (c) 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 (d) 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, 2021, and applies to crimes
committed on or after that date.
new text end