SF 4367

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:25pm

A bill for an act
relating to transportation; establishing a work zone safety pilot program;
establishing a penalty; appropriating money.

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

Section 1. new text begin WORK ZONE SAFETY PILOT PROGRAM.
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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.
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new text begin (b) "Automated enforcement system" means an electronic system of cameras or other
sensors that is designed to automatically produce recorded images of a motor vehicle operated
in violation of the speed limit.
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new text begin (c) "Automated speed enforcement data" means government data, as defined in Minnesota
Statutes, section 13.02, subdivision 7, derived from an automated enforcement system under
this section.
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new text begin (d) "Commissioner" means the commissioner of transportation.
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new text begin (e) "Work zone" has the meaning given in Minnesota Statutes, section 169.011,
subdivision 95.
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new text begin Subd. 2. new text end

new text begin Pilot program established. new text end

new text begin The commissioner of transportation, in coordination
with the commissioner of public safety, must implement a work zone safety pilot program
that provides for education and enforcement of speeding violations in a work zone through
the use of automated enforcement systems and issuance of administrative citations.
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new text begin Subd. 3. new text end

new text begin General requirements. new text end

new text begin (a) The commissioner must begin pilot program field
operations during the construction seasons from May 2021 through October 2022.
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new text begin (b) The pilot program must include establishment of an automated enforcement system
in eight work zones. Each work zone must be on a trunk highway located in the Department
of Transportation Metro District where workers are present. The work zone speed limit at
each location must be at least 45 miles per hour.
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new text begin (c) The pilot program must include:
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new text begin (1) training and qualification of individuals to inspect and calibrate an automated
enforcement system;
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new text begin (2) initial calibration of the automated enforcement system prior to deployment;
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new text begin (3) inspection and any necessary calibration of the automated enforcement system on a
daily basis by a qualified individual that ensures, at a minimum:
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new text begin (i) accuracy of speed measurement; and
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new text begin (ii) reliability in only identifying applicable speed violations;
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new text begin (4) placement of conspicuous signage in conformance with Minnesota Statutes, section
169.06, to notify drivers that an automated enforcement system is in place to detect speeding
violations; and
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new text begin (5) information on a website that, at a minimum, summarizes the pilot program and
identifies the geographic locations and dates of automated enforcement.
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new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) A peace officer may issue a warning or an administrative
citation to the owner or lessee of a motor vehicle that an automated enforcement system
detects is operated in violation of a speed limit in a work zone.
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new text begin (b) Use of an automated enforcement system under the pilot program is limited only to
enforcement within a work zone for vehicle speed that is at least five miles per hour above
the speed limit.
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new text begin (c) A peace officer must only issue a warning for a violation under this section that:
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new text begin (1) occurs within the first 30 days of use of an automated enforcement system at each
pilot program location; or
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new text begin (2) is for a speed of less than ten miles per hour in excess of the speed limit.
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new text begin (d) Prior to issuing a warning or administrative citation under this section, a peace officer
must:
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new text begin (1) inspect and certify the recorded images produced by an automated enforcement
system; and
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new text begin (2) confirm that at least two recorded images identify (i) the motor vehicle at different
locations, and (ii) the same fixed object in each of the images.
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new text begin Subd. 5. new text end

new text begin Administrative citations; requirements. new text end

new text begin (a) 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.
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new text begin (b) An administrative citation may be issued through the United States mail if postmarked
within: (1) 14 days of the violation, for a vehicle registered in Minnesota; or (2) 30 days of
the violation, for a vehicle registered outside of Minnesota.
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new text begin Subd. 6. new text end

new text begin Administrative citations; disposition. new text end

new text begin (a) A person who is issued an
administrative citation under this section must pay the fine as specified in subdivision 7 or
contest the citation prior to the due date specified for fine payment. 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.
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new text begin (b) The commissioner must provide a civil process for a person to contest the
administrative citation before a neutral third party. The commissioner may appoint an
employee 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.
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new text begin (c) The commissioner 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 commissioner, 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.
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new text begin Subd. 7. new text end

new text begin Administrative citations; penalty; application. new text end

new text begin (a) A person who is issued
an administrative citation under this section must pay a fine of:
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new text begin (1) $50 for a first offense; or
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new text begin (2) $300 for a second or subsequent offense.
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new text begin (b) Paragraph (a) does not apply to:
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new text begin (1) an owner who provides to the applicable law enforcement agency a police report
documenting that the identified motor vehicle was stolen;
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new text begin (2) a lessor of the identified motor vehicle who provides to the applicable law enforcement
agency a written lease agreement documenting the name and address of the lessee;
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new text begin (3) an owner who provides to the applicable law enforcement agency documentation of
a transfer of interest in the identified motor vehicle, if the transfer occurred before the
violation and complies with Minnesota Statutes, section 168A.10; or
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new text begin (4) a person who is operating an authorized emergency vehicle, as defined in Minnesota
Statutes, section 169.011, subdivision 3.
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new text begin Subd. 8. new text end

new text begin Administrative citations; limitations. new text end

new text begin (a) The owner or lessee of a motor
vehicle operated in violation of a speed limit is not subject to an administrative citation if
the driver of the motor vehicle is issued an administrative citation for the same violation.
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new text begin (b) Issuance of an administrative citation under this section prevents imposition of a
citation under Minnesota Statutes, section 169.14 or 169.999, for the same conduct.
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new text begin (c) A violation under this section does not constitute grounds for revocation or suspension
of the owner's or lessee's driver's license and may not be recorded by the Department of
Public Safety on the individual's driving record.
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new text begin Subd. 9. new text end

new text begin Agreements. new text end

new text begin The commissioner may enter into agreements with the
commissioner of public safety and with a private entity for administration or operation of
the pilot program. Payment under a contract to a private entity must not be based on the
number of citations issued.
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new text begin Subd. 10. new text end

new text begin Consultation. new text end

new text begin In design, implementation, data collection, and evaluation of
the pilot program, the commissioner must consult with representatives from the State Patrol,
the Minnesota Safety Council, the highway construction industry, organized labor,
transportation researchers, and other interested stakeholders.
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new text begin Subd. 11. new text end

new text begin Data practices. new text end

new text begin (a) Automated speed enforcement data are private data on
individuals as defined in Minnesota Statutes, section 13.02, subdivision 12, or nonpublic
data as defined in Minnesota Statutes, section 13.02, subdivision 9.
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new text begin (b) Notwithstanding Minnesota Statutes, section 138.17, automated speed enforcement
data must be destroyed within 24 hours of collection of the data, unless as a result of
collection of the data a citation is issued for violation of a speed limit or the data are active
investigative data.
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new text begin (c) A contract with a private entity under subdivision 9 must comply with Minnesota
Statutes, section 13.05, subdivision 11. The private entity may use the data gathered only
for purposes of the pilot program.
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new text begin Subd. 12. 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 special revenue account. Funds in the account are appropriated to the commissioner
for the pilot program as follows:
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new text begin (1) costs of the Department of Transportation, including for interagency agreements,
contracts with private entities, and administrative costs; and
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new text begin (2) if funds are available following the expenditures under clause (1), work zone safety
improvements and public education activities.
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new text begin Subd. 13. new text end

new text begin Evaluation. new text end

new text begin (a) The commissioner must arrange an independent evaluation
of the pilot program. The evaluation must be performed by a nonprofit transportation research
entity from outside the transportation and public safety departments. At a minimum, the
evaluation must provide an analysis of the effectiveness of automated enforcement systems
in supporting construction worker safety and reducing traffic crashes, injuries, and fatalities.
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new text begin (b) By December 31, 2022, the commissioner must submit a copy of the evaluation to
the members and staff of the legislative committees with jurisdiction over transportation
policy and finance.
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new text begin Subd. 14. new text end

new text begin Expiration. new text end

new text begin The pilot program under this section expires on December 31,
2022.
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Sec. 2. new text begin WORK ZONE SAFETY; APPROPRIATION.
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new text begin $....... in fiscal year 2021 is appropriated from the general fund to the commissioner of
transportation for the work zone safety pilot program under section 1. This is a onetime
appropriation and is available until June 30, 2023.
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