HF 1566

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:23pm

A bill for an act
relating to transportation; governing various finance and policy provisions related
to nonmotorized transportation; appropriating money; authorizing the sale and
issuance of state bonds; amending Minnesota Statutes 2020, sections 84.787,
subdivision 7; 84.797, subdivision 7; 84.92, subdivision 8; 123B.90, subdivision
2; 160.02, subdivision 1a; 160.262, subdivision 3; 160.266, subdivisions 1b, as
amended, 6, by adding a subdivision; 168.002, subdivision 18; 169.011,
subdivisions 5, 9, 27, 42, by adding subdivisions; 169.14, subdivision 5a, by adding
a subdivision; 169.18, subdivision 3; 169.222, subdivisions 1, 4, 6a, by adding a
subdivision; 174.38, subdivision 6; 174.42, subdivision 2; 297A.94; 473.375, by
adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters
123B; 168; 174.

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

ARTICLE 1

ACTIVE TRANSPORTATION FINANCE

Section 1.

new text begin [168.1285] PEDAL MINNESOTA PLATES.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance. new text end

new text begin The commissioner must issue Pedal Minnesota special plates
or a single motorcycle plate to an applicant who:
new text end

new text begin (1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational vehicle;
new text end

new text begin (2) pays an additional fee in the amount specified under section 168.12, subdivision 5,
for each set of plates;
new text end

new text begin (3) pays the registration tax as required under section 168.013, along with any other fees
required by this chapter;
new text end

new text begin (4) contributes a minimum of $20 annually to the active transportation account; and
new text end

new text begin (5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
new text end

new text begin Subd. 2. new text end

new text begin Design. new text end

new text begin In consultation with interested groups, the commissioner must adopt
a suitable plate design that includes the inscription "Pedal Minnesota."
new text end

new text begin Subd. 3. new text end

new text begin Plates transfer. new text end

new text begin On application to the commissioner and payment of a transfer
fee of $5, special plates under this section may be transferred to another qualified motor
vehicle that is registered to the same individual to whom the special plates were originally
issued.
new text end

new text begin Subd. 4. new text end

new text begin Exemption. new text end

new text begin Special plates issued under this section are not subject to section
168.1293, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Contribution; appropriation. new text end

new text begin (a) The application for a special plate under
this section must indicate that the contribution specified under subdivision 1, clause (4), is
a minimum annual contribution to receive the plates and that the applicant may make
additional contributions.
new text end

new text begin (b) Funds from the contribution under subdivision 1, clause (4), must be deposited in
the active transportation account in section 174.38, subdivision 3.
new text end

new text begin (c) The amount necessary for costs of administering the special plate is annually
appropriated from the active transportation account to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, for Pedal Minnesota
special plates issued on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 174.42, subdivision 2, is amended to read:

Subd. 2.

Funding requirement.

In each federal fiscal year, the commissioner shall
obtain a total amount in federal authorizations for reimbursement on transportation
alternatives projects that is equal to or greater than new text begin 110 percent of new text end the annual average of
federal authorizations on transportation alternatives projects calculated over federal fiscal
years deleted text begin 2010 to 2012 deleted text end new text begin 2017 to 2020 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the
construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was
made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of management and budget shall certify to the commissioner the date on
which the project received the conditional commitment. The amount deposited in the loan
guaranty account must be reduced by any refunds and by the costs incurred by the Department
of Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived
from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit
in the state treasury the revenues collected under section 297A.64, subdivision 1, including
interest and penalties and minus refunds, and credit them to the highway user tax distribution
fund.

(e) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit
of revenues under paragraph (d), the commissioner shall deposit into the state treasury and
credit to the highway user tax distribution fund an amount equal to the estimated revenues
derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or
rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The
commissioner shall estimate the amount of sales tax revenue deposited under this paragraph
based on the amount of revenue deposited under paragraph (d).

(g) Starting after July 1, 2017, the commissioner shall deposit an amount of the
remittances monthly into the state treasury and credit them to the highway user tax
distribution fund as a portion of the estimated amount of taxes collected from the sale and
purchase of motor vehicle repair parts in that month. For the remittances between July 1,
2017, and June 30, 2019, the monthly deposit amount is $2,628,000. For remittances in
each subsequent fiscal year, the monthly deposit amount is $12,137,000. For purposes of
this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11,
and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories,
and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle
maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor
vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph,
"tire" means any tire of the type used on highway vehicles, if wholly or partially made of
rubber and if marked according to federal regulations for highway use.

(h) 72.43 percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65, must be deposited by the commissioner in the state
treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in
the game and fish fund, and may be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation, restoration, and enhancement of land,
water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may
be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory,
and the Duluth Zoo.

(i) The revenue dedicated under paragraph (h) may not be used as a substitute for
traditional sources of funding for the purposes specified, but the dedicated revenue shall
supplement traditional sources of funding for those purposes. Land acquired with money
deposited in the game and fish fund under paragraph (h) must be open to public hunting
and fishing during the open season, except that in aquatic management areas or on lands
where angling easements have been acquired, fishing may be prohibited during certain times
of the year and hunting may be prohibited. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and wildlife
resources under paragraph (h) must be allocated for field operations.

(j) The commissioner must deposit the revenues, including interest and penalties minus
any refunds, derived from the sale of items regulated under section 624.20, subdivision 1,
that may be sold to persons 18 years old or older and that are not prohibited from use by
the general public under section 624.21, in the state treasury and credit:

(1) 25 percent to the volunteer fire assistance grant account established under section
88.068;

(2) 25 percent to the fire safety account established under section 297I.06, subdivision
3; and

(3) the remainder to the general fund.

For purposes of this paragraph, the percentage of total sales and use tax revenue derived
from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be
sold to persons 18 years old or older and are not prohibited from use by the general public
under section 624.21, is a set percentage of the total sales and use tax revenues collected in
the state, with the percentage determined under Laws 2017, First Special Session chapter
1, article 3, section 39.

(k) new text begin Beginning with sales taxes remitted after July 1, 2021, the commissioner shall deposit
into the state treasury and credit to the active transportation account under section 174.38,
subdivision 3, an amount equal to the estimated taxes collected from the sale and purchase
of bicycles, bicycle parts, and bicycle maintenance, repair, and upgrades. For purposes of
this paragraph, "bicycle" has the meaning given in section 169.011, subdivision 4, and
"bicycle parts" includes all components, tires, accessories, and equipment incorporated into
or affixed to the bicycle as part of bicycle maintenance, repair, and upgrades.
new text end

new text begin (l) The commissioner shall estimate the amount of sales tax revenue to be deposited
under paragraph (k) based on federal data and department consumption models. The
commissioner shall revise the estimate at least every three years and must maintain estimation
information on the department's website, which must include the methodology and results
of each estimate.
new text end

new text begin (m) new text end The revenues deposited under deleted text begin paragraphs (a) to (j) deleted text end new text begin this section new text end do not include the
revenues, including interest and penalties, generated by the sales tax imposed under section
297A.62, subdivision 1a, which must be deposited as provided under the Minnesota
Constitution, article XI, section 15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 473.375, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Active transportation funding. new text end

new text begin For any sales and use tax imposed by the
council for transportation purposes, the council must annually allocate at least ten percent
of the net revenue to grants for active transportation programs and infrastructure.
new text end

Sec. 5. new text begin SAFE ROUTES TO SCHOOL; APPROPRIATION AND BOND SALE
AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $3,000,000 is appropriated from the bond proceeds fund
to the commissioner of transportation for grants under the safe routes to school program in
Minnesota Statutes, section 174.40.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in subdivision 1 from the bond
proceeds fund, the commissioner of management and budget shall sell and issue bonds of
the state in an amount up to $3,000,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin VELODROME PLANS; APPROPRIATION.
new text end

new text begin $250,000 in fiscal year 2022 is appropriated from the general fund to the Minnesota
Amateur Sports Commission to determine a site and plans for a new velodrome for track
cycling.
new text end

ARTICLE 2

SCHOOL-RELATED ACTIVE TRANSPORTATION

Section 1.

Minnesota Statutes 2020, 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.

(e) deleted text begin 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 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, 2022.
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, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 169.14, subdivision 5a, is amended to read:

Subd. 5a.

Speed zoning in school zone; surcharge.

(a) new text begin Each of the new text end local authorities new text begin
having jurisdiction over a street or highway within a school zone of a public or nonpublic
school new text end may establish a school speed limit new text begin on any street or highway new text end within deleted text begin a deleted text end new text begin that new text end school zone
deleted text begin of a public or nonpublic school deleted text end new text begin , regardless of jurisdiction over the road. The school speed
zone must be established new 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. Such deleted text end new text begin
The new text end school speed limits deleted text begin shall be deleted text end new text begin are new 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 shall deleted text end new text begin must new text end not be lower than 15 miles per hour and deleted text begin shall deleted text end new text begin must new 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 be deleted text end new text begin is new 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 such deleted text end new text begin The new text end signs deleted text begin shall deleted text end new text begin must new 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 shall deleted text end new text begin must new 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, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, 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) The school-related speed limit must be established on the basis of an engineering
and traffic investigation as prescribed by the commissioner of transportation. 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, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, 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 in the active transportation account from contributions under section
168.1285, the first $500,000 annually is for a grant to develop, maintain, and implement
active transportation safety curriculum for youth ages five to 14 that (1) includes resources
for teachers, and (2) meets the model training materials requirements under section 123B.935,
subdivision 4.
new text end

ARTICLE 3

ELECTRIC-ASSISTED BICYCLES

Section 1.

Minnesota Statutes 2020, section 84.787, subdivision 7, is amended to read:

Subd. 7.

Off-highway motorcycle.

new text begin (a) new text end "Off-highway motorcycle" means a motorized,
off-highway vehicle traveling on two wheels and having a seat or saddle designed to be
straddled by the operator and handlebars for steering control, including a vehicle that is
registered under chapter 168 for highway use if it is also used for off-highway operation on
trails or unimproved terrain.

new text begin (b) Off-highway motorcycle does not include an electric-assisted bicycle as defined in
section 169.011, subdivision 27.
new text end

Sec. 2.

Minnesota Statutes 2020, section 84.797, subdivision 7, is amended to read:

Subd. 7.

Off-road vehicle.

new text begin (a) new text end "Off-road vehicle" or "vehicle" means a motor-driven
recreational vehicle capable of cross-country travel on natural terrain without benefit of a
road or trail.

new text begin (b) new text end Off-road vehicle does not include a snowmobile; an all-terrain vehicle; a motorcycle; new text begin
an electric-assisted bicycle as defined in section 169.011, subdivision 27; new text end a watercraft; a
farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law
enforcement purposes; a construction or logging vehicle used in the performance of its
common function; a motor vehicle owned by or operated under contract with a utility,
whether publicly or privately owned, when used for work on utilities; a commercial vehicle
being used for its intended purpose; snow-grooming equipment when used for its intended
purpose; or an aircraft.

Sec. 3.

Minnesota Statutes 2020, section 84.92, subdivision 8, is amended to read:

Subd. 8.

All-terrain vehicle or vehicle.

new text begin (a) new text end "All-terrain vehicle" or "vehicle" means a
motorized vehicle with: (1) not less than three, but not more than six low pressure or
non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width
from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle
includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

new text begin (b) new text end All-terrain vehicle does not include deleted text begin a deleted text end new text begin an electric-assisted bicycle as defined in section
169.011, subdivision 27, new text end golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed
and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

Sec. 4.

Minnesota Statutes 2020, section 168.002, subdivision 18, is amended to read:

Subd. 18.

Motor vehicle.

(a) "Motor vehicle" means any self-propelled vehicle designed
and originally manufactured to operate primarily on highways, and not operated exclusively
upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle
and includes vehicles known as trackless trolleys that are propelled by electric power obtained
from overhead trolley wires but not operated upon rails. deleted text begin It does not include snowmobiles,
manufactured homes, or park trailers.
deleted text end

(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle (1) has
at least four wheels, (2) is owned and operated by a physically disabled person, and (3)
displays both disability plates and a physically disabled certificate issued under section
169.345.

(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain vehicle
described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle before
August 1, 1985. The owner may continue to license an all-terrain vehicle described in clause
(2) as a motor vehicle until it is conveyed or otherwise transferred to another owner, is
destroyed, or fails to comply with the registration and licensing requirements of this chapter.

(d) "Motor vehicle" does not include new text begin a snowmobile; a manufactured home; a park trailer; new text end
an electric personal assistive mobility device as defined in section 169.011, subdivision 26 deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (e) "Motor vehicle" does not include deleted text end a motorized foot scooter as defined in section
169.011, subdivision 46 new text begin ; or an electric-assisted bicycle as defined in section 169.011,
subdivision 27 new text end .

deleted text begin (f) deleted text end new text begin (e) new text end "Motor vehicle" includes an off-highway motorcycle modified to meet the
requirements of chapter 169 according to section 84.788, subdivision 12.

Sec. 5.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Class 1 electric-assisted bicycle. new text end

new text begin "Class 1 electric-assisted bicycle" means
an electric-assisted bicycle equipped with an electric motor that provides assistance only
when the rider is pedaling and ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour.
new text end

Sec. 6.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 15b. new text end

new text begin Class 2 electric-assisted bicycle. new text end

new text begin "Class 2 electric-assisted bicycle" means
an electric-assisted bicycle equipped with an electric motor that is capable of propelling the
bicycle without the rider pedaling and ceases to provide assistance when the bicycle reaches
the speed of 20 miles per hour.
new text end

Sec. 7.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 15c. new text end

new text begin Class 3 electric-assisted bicycle. new text end

new text begin "Class 3 electric-assisted bicycle" means
an electric-assisted bicycle equipped with an electric motor that provides assistance only
when the rider is pedaling and ceases to provide assistance when the bicycle reaches the
speed of 28 miles per hour.
new text end

Sec. 8.

Minnesota Statutes 2020, section 169.011, subdivision 27, is amended to read:

Subd. 27.

Electric-assisted bicycle.

"Electric-assisted bicycle" means a bicycle with
two or three wheels that:

(1) has a saddle and fully operable pedals for human propulsion;

(2) meets the requirements deleted text begin :
deleted text end

deleted text begin (i) of federal motor vehicle safety standards for a motor-driven cycle in Code of Federal
Regulations, title 49, sections 571.1 et seq.; or
deleted text end

deleted text begin (ii) deleted text end for bicycles under Code of Federal Regulations, title 16, part 1512, or successor
requirements; deleted text begin and
deleted text end

(3) deleted text begin has deleted text end new text begin is equipped with new text end an electric motor that deleted text begin (i) deleted text end has a power output of not more than
deleted text begin 1,000 deleted text end new text begin 750 new text end watts deleted text begin , (ii) is incapable of propelling the vehicle at a speed of more than 20 miles
per hour, (iii) is incapable of further increasing the speed of the device when human power
alone is used to propel the vehicle at a speed of more than 20 miles per hour, and (iv)
disengages or ceases to function when the vehicle's brakes are applied deleted text end new text begin ; and
new text end

new text begin (4) meets the requirements of a class 1, class 2, or class 3 electric-assisted bicycle new text end .

Sec. 9.

Minnesota Statutes 2020, section 169.011, subdivision 42, is amended to read:

Subd. 42.

Motor vehicle.

new text begin (a) new text end "Motor vehicle" means every vehicle which is self-propelled
and every vehicle which is propelled by electric power obtained from overhead trolley wires.

new text begin (b) new text end Motor vehicle does not include new text begin an electric-assisted bicycle; new text end an electric personal
assistive mobility device new text begin ; new text end or a vehicle moved solely by human power.

Sec. 10.

Minnesota Statutes 2020, section 169.222, subdivision 4, is amended to read:

Subd. 4.

Riding rules.

(a) Every person operating a bicycle upon a roadway shall ride
as close as practicable to the right-hand curb or edge of the roadway except under any of
the following situations:

(1) when overtaking and passing another vehicle proceeding in the same direction;

(2) when preparing for a left turn at an intersection or into a private road or driveway;

(3) when reasonably necessary to avoid conditions, including fixed or moving objects,
vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make it unsafe
to continue along the right-hand curb or edge; or

(4) when operating on the shoulder of a roadway or in a bicycle lane.

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the
same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic and, 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, shall yield the right-of-way to any pedestrian and shall give an audible signal
when necessary before overtaking and passing any pedestrian. No person shall 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 shall leave a safe
distance when overtaking a bicycle or individual proceeding in the same direction on the
bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.

deleted text begin (g) A person may operate an electric-assisted bicycle on the shoulder of a roadway, on
a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, subdivision
1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as
applicable.
deleted text end

Sec. 11.

Minnesota Statutes 2020, section 169.222, subdivision 6a, is amended to read:

Subd. 6a.

deleted text begin Operator age deleted text end new text begin Electric-assisted bicycle; riding rules new text end .

new text begin (a) A person may
operate an electric-assisted bicycle in the same manner as provided for operation of other
bicycles, including but not limited to operation on the shoulder of a roadway, a bicycle lane,
and a bicycle route, and operation without the motor engaged on a bikeway or bicycle trail.
new text end

new text begin (b) A person may operate a class 1 or class 2 electric-assisted bicycle with the motor
engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section
85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2,
paragraph (b), as applicable.
new text end

new text begin (c) A person may operate a class 3 electric-assisted bicycle with the motor engaged on
a bicycle path, bicycle trail, or shared use path unless the local authority or state agency
having jurisdiction over the bicycle path or trail prohibits the operation.
new text end

new text begin (d) The local authority or state agency having jurisdiction over a trail that is designated
as nonmotorized, and that has a natural surface tread made by clearing and grading the
native soil with no added surfacing materials, may regulate the operation of an
electric-assisted bicycle.
new text end

new text begin (e) new text end No person under the age of 15 shall operate an electric-assisted bicycle.

Sec. 12.

Minnesota Statutes 2020, section 169.222, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Electric-assisted bicycle; equipment. new text end

new text begin (a) The manufacturer or distributor of
an electric-assisted bicycle must apply a label to the bicycle that is permanently affixed in
a prominent location. The label must contain the classification number, top assisted speed,
and motor wattage of the electric-assisted bicycle, and must be printed in a legible font with
at least 9-point type.
new text end

new text begin (b) A person must not modify an electric-assisted bicycle to change the motor-powered
speed capability or motor engagement unless the person replaces the label required in
paragraph (a) with revised information.
new text end

new text begin (c) An electric-assisted bicycle must operate in a manner so that the electric motor is
disengaged or ceases to function when the rider stops pedaling or when the brakes are
applied.
new text end

new text begin (d) A class 3 electric-assisted bicycle must be equipped with a speedometer that displays
the speed at which the bicycle is traveling in miles per hour.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective January 1, 2022. Paragraphs (b) to (d)
are effective August 1, 2021.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective August 1, 2021.
new text end

ARTICLE 4

ACTIVE TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2020, section 160.02, subdivision 1a, is amended to read:

Subd. 1a.

Bikeway.

"Bikeway" deleted text begin means a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modes deleted text end new text begin has the meaning given in
section 169.011, subdivision 9 new text end .

Sec. 2.

Minnesota Statutes 2020, 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. 3.

Minnesota Statutes 2020, 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 resources new text begin , and with the advice of the active transportation advisory committee under
section 174.375 new 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. 4.

Minnesota Statutes 2020, section 160.266, subdivision 6, is amended to read:

Subd. 6.

Mississippi River Trail.

The Mississippi River Trail bikeway new text begin is designated as
a state bicycle route. It new 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. 5.

Minnesota Statutes 2020, 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. 6.

Minnesota Statutes 2020, section 169.011, subdivision 5, is amended to read:

Subd. 5.

Bicycle lane.

"Bicycle lane" means a portion of a roadway deleted text begin or shoulder deleted text end designed
for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be
distinguished from the portion of the roadway deleted text begin or shoulder deleted text end used for motor vehicle traffic by
physical barrier, striping, marking, or other similar device.

Sec. 7.

Minnesota Statutes 2020, section 169.011, subdivision 9, is amended to read:

Subd. 9.

Bikeway.

"Bikeway" means a bicycle lane, bicycle path, deleted text begin or deleted text end bicycle route, new text begin shared
use path, or similar bicycle facility, new text end regardless of whether it is designed for the exclusive
use of bicycles or deleted text begin is to be deleted text end new text begin for new text end shared new text begin use new text end with other transportation modes.

Sec. 8.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:

new text begin Subd. 46b. new text end

new text begin Narrow-width lane. new text end

new text begin "Narrow-width lane" means a traffic lane that is too
narrow to allow persons operating a bicycle and persons operating a motor vehicle within
the same lane to operate side-by-side in compliance with the minimum safe passing clearance
set forth in section 169.18.
new text end

Sec. 9.

Minnesota Statutes 2020, 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 shall deleted text end new text begin must new text end pass to the left deleted text begin thereof deleted text end new text begin of the other vehicle new text end at a safe distance and deleted text begin shall not again
drive deleted text end new text begin is prohibited from returning new text end to the right side of the roadway until safely clear of the
overtaken vehicle deleted 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 shall deleted text end new text begin must new 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 shall deleted text end new text begin must new text end not increase deleted text begin the deleted text end speed deleted text begin of the overtaken vehicle deleted text end until
completely passed by the overtaking vehicle deleted text begin ; and deleted 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 leave deleted text end new text begin or shoulder must:
new text end

new text begin (1) either:
new text end

new text begin (i) maintain new text end a safe new text begin clearance new text end distance new text begin while passing new text end , deleted text begin but in no case less than deleted text end new text begin which must
be at least the greater of new text end three feet deleted text begin clearance, when passing the bicycle or individual deleted 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 until new text begin the motor vehicle has new text end safely deleted text begin past deleted text end new text begin passed new text end the overtaken bicycle
or individual.

Sec. 10.

Minnesota Statutes 2020, section 169.222, subdivision 1, is amended to read:

Subdivision 1.

Traffic laws apply.

new text begin (a) new text end Every person operating a bicycle deleted text begin shall have deleted text end new text begin has new text end
all of the rights and duties applicable to the driver of any other vehicle by this chapter,
except in respect to those provisions in this chapter relating expressly to bicycles and in
respect to those provisions of this chapter which by their nature cannot reasonably be applied
to bicycles. new text begin This subdivision applies to a bicycle operating on the shoulder of a roadway.
new text end

new text begin (b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or
shoulder while using a crosswalk, has all the rights and duties applicable to a pedestrian
under the same circumstances.
new text end

Sec. 11.

Minnesota Statutes 2020, 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 shall deleted text end new text begin on a
road must new text end ride as close deleted text begin as practicable deleted text end to the right-hand curb or edge of the deleted text begin roadway except
under any of the following situations deleted 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
when new text end :

(1) deleted text begin when deleted text end overtaking and passing another vehicle proceeding in the same direction;

(2) deleted text begin when deleted text end preparing for a left turn at an intersection or into a private road or driveway;

(3) deleted text begin when deleted text end reasonably necessary to avoid conditions new text begin that make it unsafe to continue along
the right-hand curb or edge new text end , including fixed or moving objects, vehicles, pedestrians, animals,
surface hazards, or deleted text begin narrow width deleted text end new text begin narrow-width new text end lanes deleted text begin , that make it unsafe to continue along
the right-hand curb or edge; or deleted text end new text begin ;
new text end

(4) deleted text begin when deleted text end operating on the shoulder of a roadway or in a bicycle lane deleted 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 shall deleted text end new text begin operator must new text end
travel in the same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder deleted text begin shall deleted text end new text begin must new text end not ride more than
two abreast and deleted text begin shall not impede the normal and reasonable movement of traffic and deleted 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 shall deleted text end new text begin must new text end yield the right-of-way to any pedestrian and deleted text begin shall deleted text end give an audible
signal when necessary before overtaking and passing any pedestrian. deleted text begin No deleted text end new text begin A new text end person deleted text begin shall deleted text end new text begin
must not new 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 shall deleted 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 bikeway deleted text end , and deleted text begin shall deleted text end new text begin (3) new text end maintain clearance until safely past the overtaken bicycle or
individual.

deleted text begin (f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end A person may operate an electric-assisted bicycle on the shoulder of a roadway,
on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
(b), as applicable.

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. 12.

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, 2031.
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, 2021.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective August 1, 2021.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber Minnesota Statutes, section 160.02, subdivision
27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor must correct any
cross-references made necessary by this renumbering.
new text end