Transit and bicycle related parking enforcement through use of transit obstruction camera systems authorized, penalty established, data practices provided, and money appropriated.

A bill for an act

relating to transportation; authorizing certain transit and bicycle related parking

enforcement through use of transit obstruction camera systems; establishing a

penalty; providing for data practices; appropriating money; amending Minnesota

Statutes 2024, sections 13.6905, by adding a subdivision; 13.824, subdivisions 1,

2a; 169.011, by adding a subdivision; 169.04; 169.99, subdivision 1; 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 2024, section 13.6905, is amended by adding a subdivision

to read:

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Subd. 39.

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Transit obstruction camera data.

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Data related to transit obstruction cameras

are governed by section 169.355, subdivisions 11 to 13.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

Minnesota Statutes 2024, section 13.824, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have

the meanings given.

(b) "Automated license plate reader" means an electronic device mounted on a law

enforcement vehicle or positioned in a stationary location that is capable of recording data

on, or taking a photograph of, a vehicle or its license plate and comparing the collected data

and photographs to existing law enforcement databases for investigative purposes. Automated

license plate reader includes a device that is owned or operated by a person who is not a

government entity to the extent that data collected by the reader are shared with a law

enforcement agency. Automated license plate reader does not include a
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transit obstruction

camera system or a
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traffic safety camera system.

(c) "Traffic safety camera system" has the meaning given in section
169.011, subdivision

85a.

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(d) "Transit obstruction camera system" has the meaning given in section 169.011,

subdivision 87a.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 3.

Minnesota Statutes 2024, section 13.824, subdivision 2a, is amended to read:

Subd. 2a.

Limitations; certain camera systems.

A person must not use a
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transit

obstruction camera system or a
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traffic safety camera system for purposes of this section.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 4.

Minnesota Statutes 2024, section 169.011, is amended by adding a subdivision to

read:

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Subd. 87a.

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Transit obstruction camera system.

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"Transit obstruction camera system"

means an electronic system of one or more cameras or other motor vehicle sensors that is

specifically designed to automatically produce recorded images of a motor vehicle stopped

or parked in violation of a law or conforming ordinance that regulates motor vehicle stopping

or parking, including related information technology for recorded image storage, retrieval,

and transmission.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 5.

Minnesota Statutes 2024, 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
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, including through the use of a transit

obstruction camera system implemented under section 169.355
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;

(2) regulating traffic by means of police officers or traffic-control signals;

(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
;

(7) regulating speed limits through the use of a speed safety camera system implemented

under section
169.147
; and

(8) regulating traffic control through the use of a red light camera system implemented

under section
169.147
.

(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.

(d) Ordinances or regulations enacted under paragraph (a), clauses (7) and (8), are

effective after August 1, 2025, and before August 1, 2029.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 6.

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[169.355] TRANSIT OBSTRUCTION CAMERA SYSTEM.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Public transportation" has the meaning given in section 174.22, subdivision 7.

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(c) "Transit operator" means any entity that is engaged in public transportation, including

but not limited to the Metropolitan Council, a replacement service provider under section

473.388, and an entity that is eligible for assistance under the public transportation

participation program under section 174.24.

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(d) "Transit vehicle" means a motor vehicle used in public transportation.

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Subd. 2.

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Authority; implementation.

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(a) A transit operator may equip a transit vehicle

with a transit obstruction camera system as provided in this section.

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(b) To implement use of a transit obstruction camera system, a transit operator must:

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(1) coordinate with the appropriate local units of government on implementation and

enforcement, including but not limited to procedures for a transit operator to report a potential

violation under subdivision 6 and disseminate data from a transit obstruction camera system;

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(2) notify the commissioners of transportation and public safety; and

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(3) ensure compliance with the requirements under this section, including but not limited

to the standards under subdivision 3.

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Subd. 3.

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Transit obstruction camera system requirements.

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(a) A transit obstruction

camera system may be used to perform automated detection and record video or images to

identify a potential violation under subdivision 6 for review.

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(b) By December 15, 2026, the commissioner, in coordination with the commissioner

of public safety, must establish transit obstruction camera system standards that include:

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(1) a requirement that each camera must be mounted facing forward in a manner that is

primarily designed to identify a potential violation under subdivision 6; and

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(2) recording and data requirements as specified in subdivision 12.

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Subd. 4.

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Public information and notice.

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(a) The commissioner and a transit operator

under this section must maintain information on their respective websites that, at a minimum:

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(1) summarizes implementation of transit obstruction camera systems;

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(2) identifies transit routes on which transit obstruction camera systems are used; and

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(3) provides information and procedures for a person to contest a citation issued under

this section.

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(b) A transit operator must implement a general public engagement and information

campaign before using transit obstruction camera systems under this section.

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Subd. 5.

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Parking enforcement agents.

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(a) A local unit of government that coordinates

with a transit provider to implement camera-based parking enforcement under this section

must designate at least one parking enforcement agent.

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(b) A parking enforcement agent who is not a licensed peace officer has the authority

to issue citations under this section only while engaged in job duties and otherwise has none

of the other powers and privileges reserved for peace officers.

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Subd. 6.

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Violations; penalty.

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Subject to subdivision 7, the owner or lessee of a motor

vehicle is guilty of a petty misdemeanor if:

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(1) the motor vehicle is stopped, standing, or parked in violation of a law or conforming

ordinance that regulates motor vehicle stopping or parking;

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(2) the violation is in:

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(i) a bus stop zone as indicated by a traffic-control device;

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(ii) a vehicle lane during a period in which motor vehicle operation is reserved for transit

buses, regardless of whether the lane is available for use by other vehicles in specified

circumstances; or

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(iii) a bicycle lane;

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(3) the violation under clause (2), item (i) or (ii), is committed during scheduled operating

hours of transit service at or along that location; and

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(4) the violation is identified through the use of a transit obstruction camera system

implemented under this section.

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Subd. 7.

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Violations; limitations.

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(a) An owner or lessee of a motor vehicle is not subject

to a fine or conviction under subdivision 6 if:

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(1) any of the conditions under section 169.14, subdivision 14, paragraph (a), clauses

(1) to (5), are met;

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(2) the vehicle is stopped or parked as provided in section 169.342; or

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(3) the vehicle owner provides a sworn statement to the court or prosecuting authority

that the violation occurred during the circumstances of a medical emergency for either the

driver or a passenger in the vehicle.

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(b) The owner or lessee of a motor vehicle may not be issued citations under both

subdivision 6 and another section or ordinance for the same conduct.

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(c) A fine or conviction under subdivision 6 does not constitute grounds for revocation

or suspension of a person's driver's license.

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(d) A vehicle owner asserting a defense under paragraph (a), clause (3), must provide

an accompanying sworn statement from the physician responsible for treatment of the

underlying condition or emergency that necessitated medical attention.

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Subd. 8.

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Citations; warnings.

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(a) A parking enforcement agent has the exclusive

authority to issue a citation to the owner or lessee of a motor vehicle for a violation under

subdivision 6.

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(b) A parking enforcement agent may only issue a citation if:

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(1) the violation is committed at least 60 days after the relevant transit operator has

started using transit obstruction camera systems; and

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(2) the agent has inspected and verified recorded images provided by the transit

obstruction camera system.

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(c) A parking enforcement agent must provide a warning for a violation under subdivision

6 committed before the date when citations are authorized under paragraph (b), clause (1).

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(d) A citation may be issued through the United States mail if postmarked within: (1)

30 days of the violation for a vehicle registered in Minnesota; or (2) 60 days of the violation

for a vehicle registered outside of Minnesota. Section 168.346, subdivision 2, applies to a

private entity that provides citation mailing services under this section.

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Subd. 9.

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Uniform citation.

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(a) There must be a uniform transit obstruction camera

citation issued throughout the state for a violation as provided under this section. The uniform

transit obstruction camera citation is in the form and has the effect of a summons and

complaint.

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(b) The commissioner of public safety must prescribe the detailed form of the uniform

transit obstruction camera citation. As appropriate, the citation design must conform with

the requirements for a uniform traffic ticket under section 169.99, subdivisions 1 and 1d.

The citation design must include:

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(1) a brief overview of transit obstruction camera systems and implementation under

this section;

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(2) a summary of the circumstances of the citation that includes identification of the

motor vehicle involved, the date and time of the violation, and the location where the

violation occurred;

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(3) a copy of the recorded image or primary images used to identify a violation;

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(4) a notification that the recorded images under clause (3) are evidence of a violation

under subdivision 6;

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(5) a statement signed by the parking enforcement agent who issued the citation stating

that the agent has inspected the recorded images and determined that the violation occurred

with the specified motor vehicle;

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(6) a summary of the limitations under subdivision 7;

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(7) the total amount of the fine imposed;

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(8) a notification that the person has the right to contest the citation;

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(9) information on the process and procedures for a person to contest the citation; and

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(10) a statement that payment of the fine constitutes a plea of guilty and failure to appear

in court is considered a plea of guilty as provided under section 169.91.

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Subd. 10.

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Third-party agreements.

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(a) A transit operator or local unit of government

may enter into agreements with a private entity for operations, services, or equipment under

this section. Payment under a contract with a private entity must not be based on the number

of violations, citations issued, or other similar means.

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(b) A transit operator or local unit of government that enters into a third-party agreement

under this subdivision must perform a data practices audit of the private entity to confirm

compliance with the requirements under subdivisions 11 to 13 and chapter 13. An audit

must be undertaken at least every other year.

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Subd. 11.

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Data practices; general requirements.

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(a) All data collected by a transit

obstruction camera system are private data on individuals as defined in section 13.02,

subdivision 12, or nonpublic data as defined in section 13.02, subdivision 9, unless the data

are public under section 13.82, subdivision 2, 3, or 6, or are criminal investigative data

under section 13.82, subdivision 7.

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(b) An agreement with a private entity pursuant to subdivision 10 is subject to section

13.05, subdivisions 6 and 11.

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(c) A private entity must use the data gathered under this section only for purposes of

camera-based parking enforcement and must not share or disseminate the data with an entity

other than the appropriate transit provider or local unit of government, except pursuant to

a court order. Nothing in this subdivision prevents a private entity from sharing or

disseminating summary data, as defined in section 13.02, subdivision 19.

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(d) Transit obstruction camera system data are not subject to subpoena, discovery, or

admission into evidence in any prosecution, civil action, or administrative process that is

not taken pursuant to this section.

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Subd. 12.

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Data practices; transit obstruction camera system.

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A transit obstruction

camera system:

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(1) is limited to collection of the following data:

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(i) recorded video or images of the license plate of a motor vehicle;

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(ii) recorded video or images of motor vehicles and areas surrounding the vehicles to

the extent necessary to identify a violation under subdivision 6;

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(iii) system and infrastructure monitoring data:

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(A) collected for purposes of transit system operations analysis, general transit research,

or monitoring the condition of transit or bicycle facilities, including but not limited to bus

stops and shelters; and

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(B) from which an individual or unique vehicle is not identified or ascertainable; and

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(iv) date, time, and vehicle location that correlates to the data collected under items (i)

to (iii);

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(2) must not use biometric identification techniques, including but not limited to facial

recognition technology;

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(3) must not retain data in a manner that makes any individual personally identifiable,

including but not limited to the motor vehicle operator or occupants; and

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(4) may only retain the data specified in clause (1), items (i) and (ii), if the transit

obstruction camera system identifies a potential violation under subdivision 6 for review.

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Subd. 13.

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Data practices; destruction of data.

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(a) Notwithstanding section 138.17,

and except as otherwise provided in this subdivision, data collected by a transit obstruction

camera system must be destroyed within 30 days of the date of collection unless the data

are criminal investigative data under section 13.82, subdivision 7, related to a parking

violation.

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(b) Upon written request to a local unit of government from an individual who is the

subject of a pending criminal charge or complaint, along with the case or complaint number

and a statement that the data may be used as exculpatory evidence, data otherwise subject

to destruction under paragraph (a) must be preserved by the local unit of government until

the charge or complaint is resolved or dismissed.

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(c) Upon written request from a program participant under chapter 5B, data collected

by a transit obstruction camera system related to the program participant must be destroyed

at the time of collection or upon receipt of the request, whichever occurs later, unless the

data are active criminal investigative data. The existence of a request submitted under this

paragraph is private data on individuals as defined in section 13.02, subdivision 12.

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(d) Notwithstanding section 138.17, data collected by a transit obstruction camera system

must be destroyed within three years of the resolution of a citation issued pursuant to this

section.

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(e) The destruction requirements under this subdivision do not apply to:

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(1) system and infrastructure monitoring data as provided under subdivision 12, clause

(1), item (iii);

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(2) summary data, as defined in section 13.02, subdivision 19; and

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(3) data that identifies the number of warnings or citations issued to an individual under

this section.

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EFFECTIVE DATE.

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This section is effective the day following final enactment, except

that subdivisions 6 and 7 are effective January 1, 2027. Subdivisions 6 and 7 apply to

violations committed on or after January 1, 2027.

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Sec. 7.

Minnesota Statutes 2024, section 169.99, subdivision 1, is amended to read:

Subdivision 1.

Form.

(a) Except as provided in subdivision 3; section
169.147
,

subdivision 8;
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section 169.355, subdivision 9;
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and section
169.999
, subdivision 3, there

shall be a uniform ticket issued throughout the state by the police and peace officers or by

any other person for violations of this chapter and ordinances in conformity thereto. Such

uniform traffic ticket shall be in the form and have the effect of a summons and complaint.

Except as provided in paragraph (b), the uniform ticket shall state that if the defendant fails

to appear in court in response to the ticket, an arrest warrant may be issued. The uniform

traffic ticket shall consist of four parts, on paper sensitized so that copies may be made

without the use of carbon paper, as follows:

(1) the complaint, with reverse side for officer's notes for testifying in court, driver's

past record, and court's action, printed on white paper;

(2) the abstract of court record for the Department of Public Safety, which shall be a

copy of the complaint with the certificate of conviction on the reverse side, printed on yellow

paper;

(3) the police record, which shall be a copy of the complaint and of the reverse side of

copy (1), printed on pink paper; and

(4) the summons, with, on the reverse side, such information as the court may wish to

give concerning the Traffic Violations Bureau, and a plea of guilty and waiver, printed on

off-white tag stock.

(b) If the offense is a petty misdemeanor, the uniform ticket must state that a failure to

appear will be considered a plea of guilty and waiver of the right to trial, unless the failure

to appear is due to circumstances beyond the person's control.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 8.
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APPROPRIATION; TRANSIT OBSTRUCTION CAMERA SYSTEMS.
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$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of

transportation to implement the transit obstruction camera system requirements under

Minnesota Statutes, section 169.355. This is a onetime appropriation.

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