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Minnesota Legislature

Office of the Revisor of Statutes

SF 2213

as introduced - 91st Legislature (2019 - 2020) Posted on 03/08/2019 09:12am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public transit in the metropolitan area; authorizing the Metropolitan
Council to issue administrative citations for transit fare evasion and impose civil
fines; amending Minnesota Statutes 2018, section 473.405, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 473.405, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Administrative citations for fare evasion. new text end

new text begin (a) The council may issue
administrative citations for unlawfully obtaining services under section 609.855, subdivision
1, if the governing body of the council passes a resolution that authorizes peace officers
employed by the Metropolitan Transit Police established under section 473.407 and other
designated council personnel to issue administrative citations in lieu of a criminal citation.
new text end

new text begin (b) The authority to issue an administrative citation under this subdivision is reserved
exclusively to licensed Metropolitan Transit Police peace officers and other designated
personnel authorized by the council. Neither the council nor its Metropolitan Transit Police
may order, mandate, require, or suggest to peace officers or other authorized personnel a
quota for the issuance of administrative citations under this subdivision on a daily, weekly,
quarterly, or yearly basis.
new text end

new text begin (c) An administrative citation must include notification that the person has the right to
contest the citation and the consequences for failure to timely contest or pay the civil fine.
new text end

new text begin (d) 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
or it may contract with another unit of government or a private entity or person to provide
the service.
new text end

new text begin (e) The council must establish policies and procedures for contesting an administrative
citation, including a reasonable time period within which to contest a citation or pay the
civil fine. The council may adopt policies and procedures under which failure to timely
contest or pay the civil fine may result in the person being charged with a misdemeanor
under section 609.855, subdivision 1.
new text end

new text begin (f) Except as provided in paragraphs (c) and (e), a person who is issued an administrative
citation under this subdivision is not guilty of a misdemeanor under section 609.855,
subdivision 1, but must pay a civil fine established by the council. The amount of a civil
fine shall not exceed the fine imposed for a petty misdemeanor. The council may adopt a
graduated fine structure for subsequent violations and a procedure under which a cited
person may, in lieu of paying a fine, resolve the citation by complying with other alternative
forms of resolution agreed to by the cited person and the council. Fines collected under this
subdivision must be used to cover the costs of the administrative citation program. If the
fines collected exceed the costs of the program, the balance must be used to support transit
services provided by the council under sections 473.371 to 473.449.
new text end

Sec. 2. new text beginAPPLICATION.
new text end

new text begin Section 1 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington.
new text end