Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 245-H.F.No. 2078 
                  An act relating to public transit; clarifying railroad 
                  grade crossing requirements; authorizing regulation of 
                  light rail transit warning signals; clarifying crimes 
                  involving public transit; providing penalties; 
                  amending Minnesota Statutes 2002, section 609.855, 
                  subdivision 1, by adding a subdivision; Minnesota 
                  Statutes 2003 Supplement, section 169.28, subdivision 
                  1; proposing coding for new law in Minnesota Statutes, 
                  chapter 473. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2003 Supplement, section 
        169.28, subdivision 1, is amended to read: 
           Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
        motor vehicle carrying passengers for hire, or of any school bus 
        whether carrying passengers or not, or of any Head Start bus 
        whether carrying passengers or not, or of any vehicle that is 
        required to stop at railroad grade crossings under Code of 
        Federal Regulations, title 49, section 392.10, before crossing 
        at grade any track or tracks of a railroad, shall stop the 
        vehicle not less than 15 feet nor more than 50 feet from the 
        nearest rail of the railroad and while so stopped shall listen 
        and look in both directions along the track for any approaching 
        train, and for signals indicating the approach of a train, 
        except as hereinafter provided, and shall not proceed until safe 
        to do so.  The driver must not shift gears while crossing the 
        railroad tracks.  
           (b) A school bus or Head Start bus shall not be flagged 
        across railroad grade crossings except at those railroad grade 
        crossings that the local school administrative officer may 
        designate. 
           (c) A type III school bus, as defined in section 169.01, is 
        exempt from the requirement of school buses to stop at railroad 
        grade crossings. 
           (d) The requirements of this subdivision do not apply to 
        the crossing of light rail vehicle track or tracks that are 
        located in a public street when: 
           (1) the crossing occurs within the intersection of two or 
        more public streets; 
           (2) the intersection is controlled by a traffic control 
        signal; and 
           (3) the intersection is marked with signs indicating to 
        drivers that the requirements of this subdivision do not apply. 
        Notwithstanding any other provision of law, the owner or 
        operator of the track or tracks is authorized to place, 
        maintain, and display the signs upon and in the view of the 
        public street or streets. 
           Sec. 2.  [473.4055] [REGULATION OF LIGHT RAIL TRANSIT 
        WARNING SIGNALS.] 
           A statutory or home rule charter city or town may by 
        ordinance regulate within its jurisdiction the sounding of 
        horns, whistles, or other audible warnings by light rail transit 
        vehicles.  All regulations and ordinances adopted under this 
        section must conform to federal law. 
           Sec. 3.  Minnesota Statutes 2002, section 609.855, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES; 
        MISDEMEANOR.] A person is guilty of a misdemeanor who 
        intentionally obtains or attempts to obtain service for himself, 
        herself, or another person from a provider of public 
        transit service or from a public conveyance, by doing any of the 
        following: 
           (1) occupies or rides in any public transit vehicle without 
        paying the required applicable fare or otherwise obtaining the 
        consent of an authorized the transit representative. provider 
        including: 
           (i) the use of a reduced fare when a person is not eligible 
        for the fare; or 
           (ii) the use of a fare medium issued solely for the use of 
        a particular individual by another individual; 
           (2) presents a falsified, counterfeit, photocopied, or 
        other deceptively manipulated fare medium as fare payment or 
        proof of fare payment; 
           (3) sells, provides, copies, reproduces, or creates any 
        version of any fare medium without the consent of the transit 
        provider; or 
           (4) puts or attempts to put any of the following into any 
        fare box, pass reader, ticket vending machine, or other fare 
        collection equipment of a transit provider: 
           (i) papers, articles, instruments, or items other than fare 
        media or currency; or 
           (ii) a fare medium that is not valid for the place or time 
        at, or the manner in, which it is used. 
           Where self-service barrier-free fare collection is utilized 
        by a public transit provider, it is a violation of this 
        subdivision to intentionally fail to exhibit proof of fare 
        payment upon the request of an authorized transit representative 
        when entering, riding upon, or leaving a transit vehicle or when 
        present in a designated paid fare zone located in a transit 
        facility. 
           Sec. 4.  Minnesota Statutes 2002, section 609.855, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply in this section.  
           (b) "Public transit" or "transit" has the meaning given in 
        section 174.22, subdivision 7. 
           (c) "Public transit vehicle" or "transit vehicle" means any 
        vehicle used for the purpose of providing public transit, 
        whether or not the vehicle is owned or operated by a public 
        entity. 
           (d) "Public transit facilities" or "transit facilities" 
        means any vehicles, equipment, property, structures, stations, 
        improvements, plants, parking or other facilities, or rights 
        that are owned, leased, held, or used for the purpose of 
        providing public transit, whether or not the facility is owned 
        or operated by a public entity. 
           (e) "Fare medium" means a ticket, smart card, pass, coupon, 
        token, transfer, or other medium sold or distributed by a public 
        transit provider, or its authorized agents, for use in gaining 
        entry to or use of the public transit facilities or vehicles of 
        the provider. 
           (f) "Proof of fare payment" means a fare medium valid for 
        the place or time at, or the manner in, which it is used.  If 
        using a reduced-fare medium, proof of fare payment also includes 
        proper identification demonstrating a person's eligibility for 
        the reduced fare.  If using a fare medium issued solely for the 
        use of a particular individual, proof of fare payment also 
        includes an identification document bearing a photographic 
        likeness of the individual and demonstrating that the individual 
        is the person to whom the fare medium is issued. 
           (g) "Authorized transit representative" means the person 
        authorized by the transit provider to operate the transit 
        vehicle, a peace officer, or any other person designated by the 
        transit provider as an authorized transit provider under this 
        section. 
           Sec. 5.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 26, 2004, 9:50 p.m.