SF 1518

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/10/2023 08:46am

A bill for an act
relating to public safety; authorizing the use of automated traffic enforcement
systems for certain speed violations; imposing a petty misdemeanor penalty;
proposing coding for new law in Minnesota Statutes, chapter 169.

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

Section 1.

new text begin [169.142] AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS;
CERTAIN SPEED VIOLATIONS.
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) "Automated traffic enforcement system" or "system" means an electronic system
consisting of one or more cameras and one or more motor vehicle sensors which is used to
enforce specified traffic laws.
new text end

new text begin (c) "Local government" means a county, city, or town.
new text end

new text begin (d) "Owner" means the registered owner of a vehicle except, for a leased vehicle, owner
means the lessee of the vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Speeds of 20 miles per hour or more in excess of speed limit. new text end

new text begin (a) The owner
of a vehicle is guilty of a petty misdemeanor when the owner's vehicle is operated at a speed
of 20 miles per hour or more in excess of a speed limit established in section 169.06.
new text end

new text begin (b) A peace officer must not issue a citation to the owner if the owner or another person
is convicted of or cited for a violation of chapter 169 or 609 arising out of the incident
captured by the automated traffic enforcement system.
new text end

new text begin (c) Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle operator
for a violation of section 169.06.
new text end

new text begin (d) A violation under paragraph (a) does not constitute grounds for revocation or
suspension of the owner's or lessee's driver's license.
new text end

new text begin (e) This section does not apply to emergency or law enforcement vehicles.
new text end

new text begin (f) When a local government has adopted the use of automated traffic enforcement
systems, peace officers for that jurisdiction may enforce this section using an automated
traffic enforcement system as described in this section.
new text end

new text begin Subd. 3. new text end

new text begin Automated traffic enforcement system requirements. new text end

new text begin (a) Any automated
traffic enforcement system used by a government must:
new text end

new text begin (1) detect and record the speed of the vehicle;
new text end

new text begin (2) produce a recording, either by a series of photographs or video recording, of the
motor vehicle; and
new text end

new text begin (3) record the license plate of the vehicle.
new text end

new text begin (b) A local government may authorize the use of automated traffic enforcement systems
within the local government's jurisdiction as provided in subdivision 4.
new text end

new text begin (c) In a local government that implements the use of automated traffic enforcement
systems, peace officers must review the recordings captured by the system. If a peace officer
determines there was a violation and a citation should be issued to the owner of the vehicle,
the peace officer must use the license plate of the vehicle to determine the registered owner
and issue the citation to that person. If a peace officer issues a citation, the officer must
issue the citation within ten calendar days of the violation. When a citation is issued, the
peace officer must also provide to the owner a copy of the recording or photographs of the
violation. A peace officer may issue a citation to an owner through the United States Postal
Service. If a citation is mailed, the peace officer must mail the citation to the address on the
vehicle registration and it must be postmarked within ten calendar days of the violation.
new text end

new text begin Subd. 4. new text end

new text begin Implementation. new text end

new text begin (a) Prior to implementing the use of automated traffic
enforcement systems, the government must hold a public hearing on the subject and must
allow for members of the public to comment. For the first 30 days after implementing the
use of automated traffic enforcement systems, peace officers must not issue citations for
violations of this section, but may issue warnings.
new text end

new text begin (b) A local government that implements the use of automated traffic enforcement systems
must adopt an ordinance to govern the use of the automated traffic enforcement systems.
At a minimum, the ordinance must include:
new text end

new text begin (1) the process of collecting the data recorded by the system and how the data will be
reviewed by peace officers;
new text end

new text begin (2) the process for issuing citations;
new text end

new text begin (3) procedures for handling system malfunctions or other unforeseen issues;
new text end

new text begin (4) procedures for testing and maintaining the system to ensure the system's accuracy;
and
new text end

new text begin (5) establish a process for promptly answering questions about the use of the systems
and citations issued pursuant to this section.
new text end

new text begin (c) A local government must place appropriate signs in areas where automated traffic
enforcement systems are in use to notify drivers of their use.
new text end

new text begin (d) A local government may use automated traffic enforcement systems in school zones,
construction zones, or any other area determined by the local government to be necessary.
Before installing an automated traffic enforcement system in an area other than a school
zone or construction zone, the local government must first:
new text end

new text begin (1) determine that high speed is frequently a safety concern in the area;
new text end

new text begin (2) determine that an automated enforcement system is an appropriate enforcement
mechanism for the area;
new text end

new text begin (3) evaluate locations where systems are used to ensure they are used in a consistent and
fair manner throughout the local government's jurisdiction; and
new text end

new text begin (4) ensure that systems are placed and used in a manner that is not racially biased or
discriminatory and does not result in discriminatory enforcement practices.
new text end

new text begin (e) The local government must publicize the use of automated traffic enforcement systems
and details of their use, including where a person may ask questions about the use of the
systems. If the local government has a website, the local government must publish the
information on that website.
new text end

new text begin Subd. 5. new text end

new text begin Data. new text end

new text begin Data collected through the use of an automated traffic enforcement system
are private data on individuals, as defined in section 13.02, subdivision 12, subject to the
following:
new text end

new text begin (1) if the individual requests a copy of the recording, data on other individuals who do
not consent to the data's release must be redacted from the copy;
new text end

new text begin (2) data that are the subject of a violation under this section may be disclosed to a law
enforcement agency;
new text end

new text begin (3) data that are criminal investigative data are governed by section 13.82, subdivision
7; and
new text end

new text begin (4) section 13.04, subdivision 2, does not apply to collection of the data.
new text end

Sec. 2. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end

new text begin The legislature finds and declares that the increase in the number and severity of violations
of state traffic laws, especially the instances of drivers driving at very high speeds, is a
serious threat to the public. The legislature acknowledges that high-speed police chases also
present dangers to the public and are not always successful in detaining the driver. The use
of automated traffic enforcement cameras is one way to assist law enforcement in combating
very high-speed driving without the necessity of high-speed chases.
new text end