Minnesota Legislature
HF 677
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 04:36pm
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A bill for an act
relating to transportation; governing various finance and policy provisions related
to active transportation; appropriating money; amending Minnesota Statutes 2022,
sections 123B.90, subdivision 2; 160.262, subdivision 3; 160.266, subdivisions
1b, as amended, 6, by adding a subdivision; 169.14, subdivision 5a, by adding a
subdivision; 169.18, subdivision 3; 169.222, subdivision 4, by adding a subdivision;
174.38, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters
123B; 174.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
BILL DOOLEY BICYCLE SAFETY ACT
Section 1. new text begin TITLE.
new text end
new text begin
This act may be cited as the "Bill Dooley Bicycle Safety Act."
new text end
ARTICLE 2
SCHOOL-RELATED ACTIVE TRANSPORTATION
Section 1.
Minnesota Statutes 2022, section 123B.90, subdivision 2, is amended to read:
Subd. 2.
Student training.
(a) Each district must provide public school pupils enrolled
in kindergarten through grade 10 with age-appropriate school bus safety training, as described
in this section, of the following concepts:
(1) transportation by school bus is a privilege and not a right;
(2) district policies for student conduct and school bus safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation.
(b) Each nonpublic school located within the district must provide all nonpublic school
pupils enrolled in kindergarten through grade 10 who are transported by school bus at public
expense and attend school within the district's boundaries with training as required in
paragraph (a).
(c) Students enrolled in kindergarten through grade 6 who are transported by school bus
and are enrolled during the first or second week of school must receive the school bus safety
training competencies by the end of the third week of school. Students enrolled in grades
7 through 10 who are transported by school bus and are enrolled during the first or second
week of school and have not previously received school bus safety training must receive
the training or receive bus safety instructional materials by the end of the sixth week of
school. Students taking driver's training instructional classes must receive training in the
laws and proper procedures when operating a motor vehicle in the vicinity of a school bus
as required by section 169.446, subdivisions 2 and 3. Students enrolled in kindergarten
through grade 10 who enroll in a school after the second week of school and are transported
by school bus and have not received training in their previous school district shall undergo
school bus safety training or receive bus safety instructional materials within four weeks
of the first day of attendance. Upon request of the superintendent of schools, the school
transportation safety director in each district must certify to the superintendent that all
students transported by school bus within the district have received the school bus safety
training according to this section. Upon request of the superintendent of the school district
where the nonpublic school is located, the principal or other chief administrator of each
nonpublic school must certify to the school transportation safety director of the district in
which the school is located that the school's students transported by school bus at public
expense have received training according to this section.
(d) A district and a nonpublic school with students transported by school bus at public
expense may provide kindergarten pupils with bus safety training before the first day of
school.
deleted text begin
(e) A district and a nonpublic school with students transported by school bus at public
expense may also provide student safety education for bicycling and pedestrian safety, for
students enrolled in kindergarten through grade 5.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end A district and a nonpublic school with students transported by school bus at public
expense must make reasonable accommodations for the school bus safety training of pupils
known to speak English as a second language and pupils with disabilities.
deleted text begin (g)deleted text end new text begin (f)new text end The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.
deleted text begin (h)deleted text end new text begin (g)new text end A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
new text begin
[123B.935] ACTIVE TRANSPORTATION SAFETY TRAINING.
new text end
new text begin Subdivision 1. new text end
new text begin Training required. new text end
new text begin
(a) Each district must provide public school pupils
enrolled in kindergarten through grade 3 with age-appropriate active transportation safety
training. At a minimum, the training must include pedestrian safety, including crossing
roads.
new text end
new text begin
(b) Each district must provide public school pupils enrolled in grades 4 through 8 with
age-appropriate active transportation safety training. At a minimum, the training must
include:
new text end
new text begin
(1) pedestrian safety, including crossing roads safely using the searching left, right, left
for vehicles in traffic technique; and
new text end
new text begin
(2) bicycle safety, including relevant traffic laws, use and proper fit of protective
headgear, bicycle parts and safety features, and safe biking techniques.
new text end
new text begin
(c) A nonpublic school may provide nonpublic school pupils enrolled in kindergarten
through grade 8 with training as specified in paragraphs (a) and (b).
new text end
new text begin Subd. 2. new text end
new text begin Deadlines. new text end
new text begin
(a) Students under subdivision 1, paragraph (a), who are enrolled
during the first or second week of school and have not previously received active
transportation safety training specified in that paragraph must receive the safety training by
the end of the third week of school.
new text end
new text begin
(b) Students under subdivision 1, paragraph (b), who are enrolled during the first or
second week of school and have not previously received active transportation safety training
specified in that paragraph must receive the safety training by the end of the sixth week of
school.
new text end
new text begin
(c) Students under subdivision 1, paragraph (a) or (b), who enroll in a school after the
second week of school and have not received the appropriate active transportation safety
training in their previous school district must undergo the training or receive active
transportation safety instructional materials within four weeks of the first day of attendance.
new text end
new text begin
(d) A district and a nonpublic school may provide kindergarten pupils with active
transportation safety training before the first day of school.
new text end
new text begin Subd. 3. new text end
new text begin Instruction. new text end
new text begin
(a) A district may provide active transportation safety training
through distance learning.
new text end
new text begin
(b) A district and a nonpublic school must make reasonable accommodations for the
active transportation safety training of pupils known to speak English as a second language
and pupils with disabilities.
new text end
new text begin Subd. 4. new text end
new text begin Model program. new text end
new text begin
The commissioner of transportation must maintain a
comprehensive collection of active transportation safety training materials that meets the
requirements under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 169.14, subdivision 5a, is amended to read:
Subd. 5a.
Speed zoning in school zone; surcharge.
(a)new text begin Each of thenew text end local authoritiesnew text begin
having jurisdiction over a street or highway within a school zone of a public or nonpublic
schoolnew text end may establish a school speed limitnew text begin on any street or highwaynew text end within deleted text begin adeleted text end new text begin thatnew text end school zone
deleted text begin of a public or nonpublic schooldeleted text end new text begin , regardless of jurisdiction over the road. The school speed
zone must be establishednew text end upon the basis of an engineering and traffic investigation as
prescribed by the commissioner of transportation. deleted text begin The establishment of a school speed limit
on any trunk highway shall be with the consent of the commissioner of transportation. Suchdeleted text end new text begin
Thenew text end school speed limits deleted text begin shall bedeleted text end new text begin arenew text end in effect when children are present, going to or leaving
school during opening or closing hours or during school recess periods. The school speed
limit deleted text begin shalldeleted text end new text begin mustnew text end not be lower than 15 miles per hour and deleted text begin shalldeleted text end new text begin mustnew text end not be more than 30
miles per hour below the established speed limit on an affected street or highway.
(b) The school speed limit deleted text begin shall bedeleted text end new text begin isnew text end effective upon the erection of appropriate signs
designating the speed and indicating the beginning and end of the reduced speed zone. Any
speed in excess of such posted school speed limit is unlawful. deleted text begin All suchdeleted text end new text begin Thenew text end signs deleted text begin shalldeleted text end new text begin mustnew text end
be erected by the local authorities on those streets and highways under their respective
jurisdictions and by the commissioner of transportation on trunk highways.
(c) For the purpose of this subdivision, "school zone" means that section of a street or
highway which abuts the grounds of a school where children have access to the street or
highway from the school property or where an established school crossing is located provided
the school advance sign prescribed by the Manual on Uniform Traffic Control Devices
adopted by the commissioner of transportation pursuant to section 169.06 is in place. All
signs erected by local authorities to designate speed limits in school zones deleted text begin shalldeleted text end new text begin mustnew text end conform
to the Manual on Uniform Traffic Control Devices.
(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person
who violates a speed limit established under this subdivision is assessed an additional
surcharge equal to the amount of the fine imposed for the violation, but not less than $25.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 169.14, is amended by adding a subdivision to
read:
new text begin Subd. 5i. new text end
new text begin School-related speed limits. new text end
new text begin
(a) A statutory or home rule charter city may
establish speed limits other than the limits provided in subdivision 2 for any street or highway
established within the city, regardless of jurisdiction over the road, on a street or highway
segment that is:
new text end
new text begin
(1) within two miles of a school speed zone; or
new text end
new text begin
(2) designated by the city as part of a safe routes to school corridor.
new text end
new text begin
(b) The school-related speed limit must not be lower than 20 miles per hour.
new text end
new text begin
(c) A city that establishes a speed limit pursuant to this subdivision must implement
speed limit changes in a consistent and understandable manner. The city must erect
appropriate signs to display the speed limit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
ARTICLE 3
ACTIVE TRANSPORTATION POLICY
Section 1.
Minnesota Statutes 2022, section 160.262, subdivision 3, is amended to read:
Subd. 3.
Cooperation among agencies and governments.
new text begin
(a) The departments and
agencies on the active transportation advisory committee identified in section 174.375 must
provide information and advice for the bikeway design guidelines maintained by the
commissioner.
new text end
new text begin
(b) The commissioner must provide technical assistance to local units of government
in:
new text end
new text begin
(1) local planning and development of bikeways;
new text end
new text begin
(2) establishing connections to state bicycle routes; and
new text end
new text begin
(3) implementing statewide bicycle plans maintained by the commissioner.
new text end
new text begin (c)new text end The commissioner may cooperate with and enter into agreements with the United
States government, any department of the state of Minnesota, any unit of local government,
any tribal government, or any public or private corporation in order to effect the purposes
of this section.
Sec. 2.
Minnesota Statutes 2022, section 160.266, subdivision 1b, is amended to read:
Subd. 1b.
State bicycle routes.
The commissioner of transportation must identify state
bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must
be identified in cooperation with road and trail authorities, including the commissioner of
natural resourcesnew text begin and with the advice of the active transportation advisory committee under
section 174.375new text end . In a metropolitan area, state bicycle routes must be identified in coordination
with the plans and priorities established by metropolitan planning organizations, as defined
in United States Code, title 23, section 134.
Sec. 3.
Minnesota Statutes 2022, section 160.266, subdivision 6, is amended to read:
Subd. 6.
Mississippi River Trail.
The Mississippi River Trail bikewaynew text begin is designated as
a state bicycle route. Itnew text end must originate at Itasca State Park in Clearwater, Beltrami, and
Hubbard Counties, then generally parallel the Mississippi River through the cities of Bemidji
in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little
Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County,
Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County,
Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County,
and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminate.
Where opportunities exist, the bikeway may be designated on both sides of the Mississippi
River.
Sec. 4.
Minnesota Statutes 2022, section 160.266, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Jim Oberstar Bikeway. new text end
new text begin
The Jim Oberstar Bikeway is designated as a state
bicycle route. It must originate in the city of St. Paul in Ramsey County, then proceed north
and east to Duluth in St. Louis County, then proceed north and east along the shore of Lake
Superior through Grand Marais in Cook County to Minnesota's boundary with Canada, and
there terminate.
new text end
Sec. 5.
Minnesota Statutes 2022, section 169.18, subdivision 3, is amended to read:
Subd. 3.
Passing.
deleted text begin
The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations, exceptions, and special rules
hereinafter stated:
deleted text end
deleted text begin (1)deleted text end new text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text end new text begin mustnew text end pass to the left deleted text begin thereofdeleted text end new text begin of the other vehiclenew text end at a safe distance and deleted text begin shall not again
drivedeleted text end new text begin is prohibited from returningnew text end to the right side of the roadway until safely clear of the
overtaken vehicledeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text begin shalldeleted text end new text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text begin on
audible warning,deleted text end and deleted text begin shalldeleted text end new text begin mustnew text end not increase deleted text begin thedeleted text end speed deleted text begin of the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3)deleted text end new text begin (c)new text end The operator of a motor vehicle overtaking a bicycle or individual proceeding in
the same direction on the roadway deleted text begin shall leavedeleted text end new text begin or shoulder must:
new text end
new text begin
(1) either:
new text end
new text begin (i) maintainnew text end a safenew text begin clearancenew text end distancenew text begin while passingnew text end , deleted text begin but in no case less thandeleted text end new text begin which must
be at least the greater ofnew text end three feet deleted text begin clearance, when passing the bicycle or individualdeleted text end new text begin or
one-half the width of the motor vehicle; or
new text end
new text begin (ii) completely enter another lane of the roadway while passing;new text end and deleted text begin shall
deleted text end
new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text begin pastdeleted text end new text begin passednew text end the overtaken bicycle
or individual.
Sec. 6.
Minnesota Statutes 2022, section 169.222, subdivision 4, is amended to read:
Subd. 4.
Riding rules.
(a) Every person operating a bicycle deleted text begin upon a roadway shalldeleted text end new text begin on a
road mustnew text end ride as close deleted text begin as practicabledeleted text end to the right-hand curb or edge of the deleted text begin roadway except
under any of the following situationsdeleted text end new text begin road as the bicycle operator determines is safe. A
person operating a bicycle is not required to ride as close to the right-hand curb or edge
whennew text end :
(1) deleted text begin whendeleted text end overtaking and passing another vehicle proceeding in the same direction;
(2) deleted text begin whendeleted text end preparing for a left turn at an intersection or into a private road or driveway;
(3) deleted text begin whendeleted text end reasonably necessary to avoid conditionsnew text begin that make it unsafe to continue along
the right-hand curb or edgenew text end , including fixed or moving objects, vehicles, pedestrians, animals,
surface hazards, or deleted text begin narrow widthdeleted text end new text begin narrow-width new text end lanesdeleted text begin , that make it unsafe to continue along
the right-hand curb or edge; ordeleted text end new text begin ;
new text end
(4) deleted text begin whendeleted text end operating on the shoulder of a roadway or in a bicycle lanedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) operating in a right-hand turn lane before entering an intersection.
new text end
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text begin shalldeleted text end new text begin operator mustnew text end
travel in the same direction as adjacent vehicular traffic.
(c) Persons riding bicycles upon a roadway or shoulder deleted text begin shalldeleted text end new text begin mustnew text end not ride more than
two abreast and deleted text begin shall not impede the normal and reasonable movement of traffic anddeleted text end , on a
laned roadway, shall ride within a single lane.
(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to any pedestrian and deleted text begin shalldeleted text end give an audible
signal when necessary before overtaking and passing any pedestrian. deleted text begin Nodeleted text end new text begin Anew text end person deleted text begin shalldeleted text end new text begin
must notnew text end ride a bicycle upon a sidewalk within a business district unless permitted by local
authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
crosswalk under their jurisdiction.
(e) An individual operating a bicycle or other vehicle on a bikeway deleted text begin shalldeleted text end new text begin must (1) give
an audible signal a safe distance prior to overtaking a bicycle or individual, (2)new text end leave a safe
new text begin clearance new text end distance when overtaking a bicycle or individual proceeding in the same direction
deleted text begin on the bikewaydeleted text end , and deleted text begin shalldeleted text end new text begin (3)new text end maintain clearance until safely past the overtaken bicycle or
individual.
new text begin
(g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
intersection proceeding from the leftmost one-third of a dedicated right-hand turn lane
without turning right.
new text end
Sec. 7.
Minnesota Statutes 2022, section 169.222, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin Stopping requirements. new text end
new text begin
(a) For purposes of this subdivision, "in the vicinity"
means located in an intersection or approaching an intersection in a manner that constitutes
a hazard of collision during the time that a bicycle operator would occupy the intersection.
new text end
new text begin
(b) A bicycle operator who approaches a stop sign must slow to a speed that allows for
stopping before entering the intersection or the nearest crosswalk. Notwithstanding
subdivision 1 and section 169.06, subdivision 4, if there is not a vehicle in the vicinity, the
operator may make a turn or proceed through the intersection without stopping.
new text end
new text begin
(c) A bicycle operator who approaches a traffic-control signal with a steady red indication,
including a circular red signal or red arrow signal, must slow to a speed that allows for
stopping before entering the intersection or the nearest crosswalk. Notwithstanding
subdivision 1 and section 169.06, subdivision 5, if there is not a vehicle in the vicinity, the
operator:
new text end
new text begin
(1) may make a right-hand turn, or a left-hand turn onto a one-way roadway, without
stopping; and
new text end
new text begin
(2) must otherwise perform a complete stop and then may make a turn or proceed through
the intersection before the traffic-control signal indication changes to green.
new text end
new text begin
(d) Nothing in this subdivision alters the right-of-way requirements under section 169.20.
The provisions under this subdivision do not apply when traffic is controlled by a peace
officer or a person authorized to control traffic under section 169.06.
new text end
Sec. 8.
new text begin
[174.375] ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Committee established; duties. new text end
new text begin
(a) The commissioner of transportation
must establish an active transportation advisory committee. The advisory committee must
make recommendations to the commissioner on items related to:
new text end
new text begin
(1) active transportation, including safety, education, and development programs;
new text end
new text begin
(2) the active transportation program under section 174.38; and
new text end
new text begin
(3) the safe routes to school program under section 174.40.
new text end
new text begin
(b) The committee must review and analyze issues and needs relating to active
transportation on public rights-of-way and identify solutions and goals for addressing
identified issues and needs.
new text end
new text begin
(c) For purposes of this section, "active transportation" includes bicycling, pedestrian
activities, and other forms of nonmotorized transportation.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The advisory committee consists of the members specified
in this subdivision.
new text end
new text begin
(b) The commissioner of transportation must appoint up to 18 public members as follows:
one member from each of the department's seven greater Minnesota districts; four members
from the department's metropolitan district; and no more than seven members at large. Each
of the members at large must represent nonmotorized interests or organizations.
new text end
new text begin
(c) The commissioners of each of the following state agencies must appoint an employee
of the agency to serve as a member: administration, education, health, natural resources,
public safety, transportation, and pollution control. The chair of the Metropolitan Council
must appoint an employee of the council to serve as a member. The director of Explore
Minnesota Tourism must appoint an employee of the agency to serve as a member.
new text end
new text begin
(d) The division administrator of the Federal Highway Administration may appoint an
employee of the agency to serve as a member.
new text end
new text begin
(e) Each member of the committee serves a four-year term at the pleasure of the
appointing authority.
new text end
new text begin
(f) The committee must select a chair from its membership.
new text end
new text begin Subd. 3. new text end
new text begin Meetings; staffing. new text end
new text begin
(a) The advisory committee must establish a meeting
schedule and meet at least annually.
new text end
new text begin
(b) The commissioner of transportation must provide department staff support to the
advisory committee.
new text end
new text begin Subd. 4. new text end
new text begin Expenses. new text end
new text begin
(a) Members of the advisory committee serve without compensation,
but members who are not employees of government agencies must be reimbursed for
expenses in the same manner and amount as authorized by the commissioner's plan adopted
under section 43A.18, subdivision 2.
new text end
new text begin
(b) To provide compensation under paragraph (a), the commissioner of transportation
may expend the amount necessary from general fund appropriations.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
The advisory committee must submit an annual report to the
commissioner of transportation.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The advisory committee expires June 30, 2033.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment. The
commissioner of transportation must convene the first meeting by October 15, 2023.
new text end
Sec. 9.
Minnesota Statutes 2022, section 174.38, subdivision 6, is amended to read:
Subd. 6.
Use of funds.
new text begin (a) new text end The commissioner must determine permissible uses of financial
assistance under this section, which are limited to:
(1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
but not limited to safe routes to school infrastructure and bicycle facilities and centers; and
(2) noninfrastructure programming, including activities as specified in section 174.40,
subdivision 7a, paragraph (b).
new text begin
(b) Of the amount made available in each fiscal year, the first $500,000 is for grants to
develop, maintain, and implement active transportation safety curriculum for youth ages
five to 14 years old, and if remaining funds are available, for (1) youth ages 15 to 17 years
old, (2) adult active transportation safety programs, and (3) adult learn-to-ride programs.
The curriculum must include resources for teachers and must meet the model training
materials requirements under section 123B.935, subdivision 4.
new text end
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise specified, this article is effective August 1, 2023.
new text end
ARTICLE 4
APPROPRIATIONS
Section 1. new text begin APPROPRIATION; SAFE ROUTES TO SCHOOL PROGRAM.
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$10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of transportation for the safe routes to school
program under Minnesota Statutes, section 174.40. $10,000,000 is added to the annual base
for this activity.
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Sec. 2. new text begin APPROPRIATION; ACTIVE TRANSPORTATION PROGRAM.
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$25,000,000 in fiscal year 2024 and $25,000,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of transportation for the active transportation
program under Minnesota Statutes, section 174.38. This appropriation is available until
June 30, 2027. The annual base for this activity is $25,000,000.
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