SF 2579

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 09:08am

A bill for an act
relating to public safety; traffic regulations; authorizing local authorities to
regulate traffic at intersections using traffic safety cameras; requiring signage;
establishing criminal penalties and fines; amending Minnesota Statutes 2012,
sections 169.011, by adding a subdivision; 169.04; proposing coding for new
law in Minnesota Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2012, section 169.011, is amended by adding a
subdivision to read:

new text begin Subd. 85a. new text end

new text begin Traffic safety camera. new text end

new text begin "Traffic safety camera" means a remotely
operated recording device capable of recording clear images of both vehicle movement at
an intersection and the driver of the vehicle.
new text end

Sec. 2.

Minnesota Statutes 2012, section 169.04, is amended to read:

169.04 LOCAL AUTHORITY.

(a) The provisions of this chapter shall not be deemed to prevent local authorities,
with respect to streets and highways under their jurisdiction, and with the consent of
the commissioner, with respect to state trunk highways, within the corporate limits of a
municipality, or within the limits of a town in a county in this state now having or which
may hereafter have, a population of 500,000 or more, and a land area of not more than 600
square miles, and within the reasonable exercise of the police power from:

(1) regulating the standing or parking of vehicles;

(2) regulating traffic by means of police officers deleted text begin or deleted text end new text begin , new text end traffic-control signals new text begin , or traffic
safety cameras new text end ;

(3) regulating or prohibiting processions or assemblages on the highways;

(4) designating particular highways as one-way roadways and requiring that all
vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one
specific direction;

(5) designating any highway as a through highway and requiring that all vehicles stop
before entering or crossing the same, or designating any intersection as a stop intersection,
and requiring all vehicles to stop at one or more entrances to such intersections;

(6) restricting the use of highways as authorized in sections 169.80 to 169.88.

(b) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6),
shall be effective until signs giving notice of such local traffic regulations are posted
upon and kept posted upon or at the entrance to the highway or part thereof affected as
may be most appropriate.

(c) No ordinance or regulation enacted under paragraph (a), clause (3), or any other
provision of law shall prohibit:

(1) the use of motorcycles or vehicles utilizing flashing red lights for the purpose of
escorting funeral processions, oversize buildings, heavy equipment, parades or similar
processions or assemblages on the highways; or

(2) the use of motorcycles or vehicles that are owned by the funeral home and that
utilize flashing red lights for the purpose of escorting funeral processions.

Sec. 3.

new text begin [169.061] VIOLATION DETECTED BY TRAFFIC SAFETY CAMERA.
new text end

new text begin Subdivision 1. new text end

new text begin Violation detected by traffic safety camera. new text end

new text begin (a) Any fine or penalty
imposed for operating a motor vehicle in violation of an ordinance or other local law
enacted to enforce the provisions of section 169.06, subdivision 5, and detected through
the use of a traffic safety camera is a petty misdemeanor.
new text end

new text begin (b) Citations issued for operating a motor vehicle in violation of an ordinance or other
local law enacted to enforce the provisions of section 169.06, subdivision 5, and detected
through the use of a traffic safety camera may be issued through the United States mail.
new text end

new text begin Subd. 2. new text end

new text begin Signage requirement. new text end

new text begin Any government entity that regulates traffic by
means of traffic safety cameras must post signage notifying drivers that traffic safety
cameras are in place. The signs must be placed within 500 feet of each intersection where
traffic safety cameras are in place. Signs need only be placed at approaches to intersections
regulated by a traffic safety camera. All signage required by this subdivision must be placed
and maintained in conformity with the requirements of section 169.06, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Data. new text end

new text begin (a) All data collected through the operation of traffic safety cameras
is private data on individuals under section 13.02, with the exception of summary data
under section 13.02, subdivision 19.
new text end

new text begin (b) All private data on individuals collected through the operation of traffic safety
cameras may be retained by a government entity utilizing traffic safety cameras to regulate
traffic for a maximum of 30 days after the final adjudication of the underlying alleged
violation and all appeals.
new text end

new text begin (c) A contract with a private entity to operate traffic safety cameras must comply
with section 13.05, subdivision 11.
new text end

new text begin (d) A contract with a private entity to operate traffic safety cameras shall state the
private entity may retain private data on individuals collected through the operation
of traffic safety cameras for a maximum of 30 days after being notified of the final
adjudication of the underlying alleged violation and all appeals by the government entity
utilizing the traffic safety cameras to regulate traffic, or for 180 days from the date the
underlying alleged violation occurred, whichever is shorter.
new text end

new text begin Subd. 4. new text end

new text begin Fines. new text end

new text begin Any fine or penalty imposed by a local authority for operating a motor
vehicle in violation of an ordinance or other local law enacted to enforce the provisions of
section 169.06, subdivision 5, and detected through the use of a traffic safety camera shall
be credited to the general revenue fund of the local authority where the violation occurred.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end