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SF 67

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/21/2020 07:56am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; providing for certain enhancements to local public safety;
authorizing grants for community safety and security programs; establishing a
grant to the city of Minneapolis to build a community house; governing transit
safety, fare payment compliance, administrative citations, and reporting;
establishing a multijurisdictional entity dedicated to addressing crime in and around
the public transit system in the metropolitan area; establishing penalties; transferring
and appropriating money; amending Minnesota Statutes 2018, sections 299A.642,
subdivision 4; 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:

ARTICLE 1

THE COMMUNITY SAFETY AND SECURITY ACT

Section 1. new text beginTITLE.
new text end

new text begin This act may be cited as the "Community Safety and Security Act."
new text end

ARTICLE 2

COMMUNITY SAFETY AND ECONOMIC PROSPERITY GRANTS

Section 1. new text beginCOMMUNITY SAFETY AND SECURITY PROGRAM GRANTS.
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) "Commissioner" means the commissioner of employment and economic development.
new text end

new text begin (c) "Community safety and security program" means a set of assistance and awareness
activities implemented by a qualified public or private entity, or both in partnership, that
are targeted to a specified eligible zone and are designed to support and enhance the safety,
livability, environment, and commercial and civic activity of the area.
new text end

new text begin Subd. 2. new text end

new text begin Grant administration. new text end

new text begin (a) Subject to available funds, the commissioner must
make grants to eligible entities to establish or expand community safety and security
programs.
new text end

new text begin (b) The commissioner must establish recipient qualifications and grant requirements
that minimize applicant burdens. The grantmaking process must include procedures for
solicitation, application, review, and grant awards.
new text end

new text begin (c) The commissioner must utilize existing resources for program administration.
new text end

new text begin Subd. 3. new text end

new text begin Recipient eligibility. new text end

new text begin A qualified local unit of government, nonprofit
organization, or for-profit business, or a partnership of any of the foregoing entities, is
eligible to receive a grant under this section.
new text end

new text begin Subd. 4. new text end

new text begin Program activities and services. new text end

new text begin A community safety and security program
must include a majority of the following:
new text end

new text begin (1) helping citizens find destinations;
new text end

new text begin (2) assisting in keeping sidewalks, streets, and other public areas clean;
new text end

new text begin (3) obtaining appropriate assistance in an emergency; and
new text end

new text begin (4) maintaining a presence in the area that enhances community awareness and lawfulness.
new text end

new text begin Subd. 5. new text end

new text begin Eligible zones. new text end

new text begin Grants under this section may only be used for community
safety and security program activities within any of the following eligible zones:
new text end

new text begin (1) in Minneapolis:
new text end

new text begin (i) Lake Street between Hennepin Avenue and West River Parkway, and any area within
two city blocks of that portion of Lake Street in any direction; and
new text end

new text begin (ii) West Broadway Avenue, and any area within two city blocks of West Broadway
Avenue in any direction; and
new text end

new text begin (2) in Saint Paul: University Avenue between Rice Street and Highway 280, and any
area within two city blocks of that portion of University Avenue in any direction.
new text end

new text begin Subd. 6. new text end

new text begin Fiscal requirements. new text end

new text begin The commissioner may only make a grant to a recipient
who demonstrates that an amount at least equal to the grant award is being provided from
nonstate and nonfederal sources for the community safety and security program.
new text end

Sec. 2. new text beginCOMMUNITY SAFETY AND SECURITY PROGRAM GRANTS;
TRANSFER AND APPROPRIATION.
new text end

new text begin (a) By October 1, 2020, the Metropolitan Council must remit $2,000,000 from its
transportation budget reserves to the commissioner of management and budget for deposit
in the general fund.
new text end

new text begin (b) $2,000,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of employment and economic development for community safety and security
program grants under section 1. Of this amount, $1,000,000 is for the Lake Street zone
specified in section 1, subdivision 5, clause (1), item (i); $500,000 is for the West Broadway
Avenue zone specified in section 1, subdivision 5, clause (1), item (ii); and $500,000 is for
the University Avenue zone in section 1, subdivision 5, clause (2). This is a onetime
appropriation and is available until June 30, 2022.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. Paragraph (a) applies in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end

Sec. 3. new text beginCOMMUNITY HOUSE GRANT; APPROPRIATION.
new text end

new text begin (a) $500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for a grant to the city of Minneapolis to build a community house within a
two and a half mile radius of 38th Street and Chicago Avenue in the city of Minneapolis.
The facility shall provide space for law enforcement, social services, and community outreach
organizations to address the root causes of the crimes committed in the neighborhood by
building relationships with, and providing services to, neighborhood residents. The city of
Minneapolis must raise any amounts above $500,000 needed to build and operate the facility.
Beginning in 2021, the city of Minneapolis must report annually by December 15 to the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety policy and finance on the outcomes achieved by the community house.
new text end

new text begin (b) If the city accepts the grant established in paragraph (a), the aid payable in calendar
year 2021 to the city of Minneapolis under Minnesota Statutes, sections 477A.011 to
477A.03, is reduced by $500,000.
new text end

ARTICLE 3

TRANSIT SAFETY

Section 1.

Minnesota Statutes 2018, section 299A.642, subdivision 4, is amended to read:


Subd. 4.

Duties and authority of commissioner.

(a) The commissioner of public safety
shall certify multijurisdictional entities, and their designated fiscal agents, that are established
pursuant to this section to combat gang and drug crimenew text begin, address crime within the metropolitan
area that takes place in and around the public transit system, as defined in section 473.121,
subdivision 20,
new text end and receive grant funding under subdivision 9.new text begin A multijurisdictional entity
dedicated to addressing crime within the metropolitan area that takes place in and around
the public transit system shall include members of the Hennepin County Sheriff's Office,
Ramsey County Sheriff's Office, St. Paul Police Department, Minneapolis Police Department,
and Metropolitan Transit Police Department. The Hennepin County Sheriff's Office shall
serve as the fiscal agent for the multijurisdictional entity.
new text end To certify an entity and its
designated fiscal agent, the commissioner shall require that a multijurisdictional entity:

(1) be subject to the operational command and supervision of one of the participating
agencies;

(2) be subject to a biennial operational and financial audit contracted out to an external
organization not associated with the multijurisdictional entity and designed to ensure that
the entity and its designated fiscal agent are in compliance with applicable legal requirements,
proper law enforcement standards and practices, and effective financial controls;

(3) have adequate staffing and funding to support law enforcement, prosecutorial, and
financial operations, including bookkeeping, evidence handling, and inventory recording;
and

(4) be subject to any other conditions the commissioner deems necessary to carry out
the purposes of this section.

The commissioner may use grant funds authorized under subdivision 9 to pay for costs
incurred in conducting audits under clause (2).

(b) A multijurisdictional entity, and its designated fiscal agent, must be certified annually
by the commissioner and may not operate under this section unless it is certified. If the
commissioner revokes an entity's or fiscal agent's certification, the commissioner may order,
for purposes relating to this section, any or all of the following:

(1) dissolution of the entity, its governing boards, or both;

(2) transfer of duties of the entity, its governing boards, or both, to the Department of
Public Safety; and

(3) any other action deemed necessary by the commissioner.

Notwithstanding any action taken by the commissioner, any outstanding obligations or
liabilities of the entity remain with the entity and the parties of the agreement and do not
transfer.

(c) An agreement entered into pursuant to section 471.59 and this section shall provide
that the parties to the agreement are subject to the provisions in this subdivision and shall
provide for the disposition of property and allocation of obligations upon voluntary or
mandated dissolution of the entity or upon termination of the agreement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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) If the council implements the transit
enforcement and administrative citations program in section 473.4075, 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 Subd. 4. new text end

new text begin Legislative report. new text end

new text begin By February 15 annually, the council must submit a report
on transit safety 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 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) for each of the past three calendar years, state the number of warnings and citations
issued by the Metropolitan Transit Police and a breakdown of the numbers by the reason
the warning or citation was issued;
new text end

new text begin (3) 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 (4) 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 (5) state the average number of peace officers employed by the Metropolitan Transit
Police Department for the previous three calendar years; and
new text end

new text begin (6) make recommendations on how to improve safety on public transit and transit stops
and stations.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

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

Sec. 3.

Minnesota Statutes 2018, 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 and 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
CITATIONS 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 citations program
established in this section.
new text end

new text begin (c) "Transit agent" means a person authorized by the council to issue administrative
citations as provided in this section. For purposes of section 609.855, a transit agent is an
authorized transit representative.
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 may implement the transit enforcement
and administrative citations program as provided in this section.
new text end

new text begin (b) If the council implements the program, the council must:
new text end

new text begin (1) adopt a resolution that establishes the program; and
new text end

new text begin (2) establish policies and procedures that govern:
new text end

new text begin (i) transit agents;
new text end

new text begin (ii) issuing an administrative citation; and
new text end

new text begin (iii) contesting an administration citation.
new text end

new text begin Subd. 3. new text end

new text begin Transit agent duties. new text end

new text begin Duties of a transit agent include:
new text end

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

new text begin (2) issuing administrative citations for a fare violation; and
new text end

new text begin (3) obtaining assistance from peace officers upon identifying passenger activity that
threatens public safety or violates the code of conduct.
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 and a peace officer, as defined in section 626.84, subdivision
1, have 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 may
be enforced, and administrative citations may be issued, by a transit agent or peace officer
as deemed appropriate and available by the council.
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 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 (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 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:
new text end

new text begin (1) $35 for a first offense;
new text end

new text begin (2) $50 for a second offense; or
new text end

new text begin (3) $100 for a third or subsequent offense.
new text end

new text begin (b) A person who is issued an administrative citation under this section for a second or
subsequent offense within 12 months of a previous administrative citation is prohibited
from accessing transit service provided by the council for 60 days from the date of issuance.
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, clause (1), for the first time,
unless the person demonstrates financial hardship under criteria established by the council.
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) fare inspection and enforcement activities
under 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 Subd. 8. new text end

new text begin Fare inspection goal. new text end

new text begin If the council implements the program, the council must
establish a goal that, beginning January 1, 2023, the council annually inspects fare compliance
for at least ten percent of rides on transit routes that use self-service barrier-free fare
collection.
new text end

new text begin Subd. 9. new text end

new text begin Legislative report. new text end

new text begin If the council implements the program, by January 15 of
each even-numbered year 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 agents;
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
8; 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 August 1, 2020, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2018, 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 October 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 6. new text beginTRANSIT SAFETY VIOLENT CRIME ENFORCEMENT TEAM;
APPROPRIATION.
new text end

new text begin (a) By August 1 of each year, the Metropolitan Council must remit $2,000,000 from its
transportation budget reserves to the commissioner of management and budget for deposit
in the general fund.
new text end

new text begin (b) $2,000,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of public safety for a grant pursuant to Minnesota Statutes, section 299A.642,
subdivision 9, to a violent crime enforcement team organized to address crime within the
metropolitan area that takes place in and around the public transit system, as defined in
Minnesota Statutes, section 473.121, subdivision 20. Of this amount, $200,000 must be
used for community outreach services.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. Paragraph (a) applies in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end