HF 2361

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:12pm

A bill for an act
relating to transportation; modifying various provisions on traffic safety, including
to establish an advisory council, modify certain traffic regulations, and authorize
a pilot program; requiring legislative reports; appropriating money; amending
Minnesota Statutes 2022, sections 123B.90, subdivision 2; 169.14, by adding a
subdivision; 169.18, subdivision 3; 169.222, subdivision 4; 169.475, subdivisions
2, 3; 299A.01, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 4; 123B; 169.

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

ARTICLE 1

TRAFFIC SAFETY POLICY

Section 1.

new text begin [4.076] ADVISORY COUNCIL ON TRAFFIC SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "advisory council" means the
Advisory Council on Traffic Safety established in this section.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin (a) The Advisory Council on Traffic Safety is established to
advise, consult with, assist in planning coordination, and make program recommendations
to the commissioners of public safety, transportation, and health on the development and
implementation of projects and programs intended to improve traffic safety on all Minnesota
road systems.
new text end

new text begin (b) The advisory council serves as the lead for the state Toward Zero Deaths program.
new text end

new text begin Subd. 3. new text end

new text begin Membership; chair. new text end

new text begin The advisory council consists of the following members:
new text end

new text begin (1) the chair, which is filled on a two-year rotating basis by a designee from:
new text end

new text begin (i) the Office of Traffic Safety in the Department of Public Safety;
new text end

new text begin (ii) the Office of Traffic Engineering in the Department of Transportation; and
new text end

new text begin (iii) the Injury and Violence Prevention Section in the Department of Health;
new text end

new text begin (2) two vice chairs, which must be filled by the two designees who are not currently
serving as chair of the advisory council under clause (1);
new text end

new text begin (3) the director of the state Toward Zero Deaths program;
new text end

new text begin (4) a regional coordinator from the Toward Zero Deaths program;
new text end

new text begin (5) the chief of the State Patrol or a designee;
new text end

new text begin (6) the state traffic safety engineer in the Department of Transportation or a designee;
new text end

new text begin (7) a law enforcement liaison from the Department of Public Safety;
new text end

new text begin (8) a representative from the Department of Human Services;
new text end

new text begin (9) a representative from the Department of Education;
new text end

new text begin (10) a representative from the Council on Disability;
new text end

new text begin (11) a representative for Tribal governments appointed by the commissioner of public
safety;
new text end

new text begin (12) a representative from the Center for Transportation Studies at the University of
Minnesota;
new text end

new text begin (13) a representative from the Minnesota Chiefs of Police Association;
new text end

new text begin (14) a representative from the Minnesota Sheriffs' Association;
new text end

new text begin (15) a representative from the Minnesota Safety Council;
new text end

new text begin (16) a representative from AAA Minnesota;
new text end

new text begin (17) a representative from the Minnesota Trucking Association;
new text end

new text begin (18) a representative from the Insurance Federation of Minnesota;
new text end

new text begin (19) a representative from the Association of Minnesota Counties;
new text end

new text begin (20) a representative from the League of Minnesota Cities;
new text end

new text begin (21) the American Bar Association State Judicial Outreach Liaison;
new text end

new text begin (22) a representative from the City Engineers Association of Minnesota;
new text end

new text begin (23) a representative from the Minnesota County Engineers Association;
new text end

new text begin (24) a representative from the Bicycle Alliance of Minnesota;
new text end

new text begin (25) an individual representing vulnerable road users, including pedestrians, bicyclists,
and other operators of a personal conveyance, appointed by the Bicycle Alliance of
Minnesota;
new text end

new text begin (26) a representative from Our Streets Minneapolis; and
new text end

new text begin (27) a representative from Minnesota Operation Lifesaver.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The advisory council must:
new text end

new text begin (1) advise the governor and heads of state departments and agencies on policies, programs,
and services affecting traffic safety;
new text end

new text begin (2) advise the director of the state Toward Zero Deaths program and appropriate
representatives of state departments on the activities of the Toward Zero Deaths program,
including but not limited to educating the public about traffic safety;
new text end

new text begin (3) encourage state departments and other agencies to conduct needed research in the
field of traffic safety;
new text end

new text begin (4) review recommendations of the subcommittees and working groups; and
new text end

new text begin (5) review and comment on all grants dealing with traffic safety and on the development
and implementation of state and local traffic safety plans.
new text end

new text begin Subd. 5. new text end

new text begin Administration. new text end

new text begin (a) The Office of Traffic Safety in the Department of Public
Safety, in cooperation with the Departments of Transportation and Health, must serve as
the host agency for the advisory council and must manage the administrative and operational
aspects of the advisory council's activities. The commissioner of public safety must perform
financial management on behalf of the council.
new text end

new text begin (b) The advisory council must meet no less than four times per year, or more frequently
as determined by the chair, a vice chair, or a majority of the council members.
new text end

new text begin (c) The chair must regularly report to the respective commissioners on the activities of
the advisory council and on the state of traffic safety in Minnesota.
new text end

new text begin (d) The terms, compensation, and appointment of members are governed by section
15.059.
new text end

new text begin (e) The advisory council may appoint subcommittees and working groups. Subcommittees
must consist of council members. Working groups may include nonmembers. Nonmembers
on working groups must be compensated pursuant to section 15.059, subdivision 3, only
for expenses incurred for working group activities.
new text end

Sec. 2.

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. 3.

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 active transportation 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. 4.

new text begin [169.065] SAFE ROAD ZONES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "local official" means the chief
law enforcement officer of a political subdivision, the lead traffic engineer for the local road
authority, and the chief elected executive officer of a political subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin (a) The commissioner may designate a safe road zone as
provided in this section.
new text end

new text begin (b) Upon request of a local official, the commissioner, in consultation with the
commissioner of public safety, must consider designating a segment of a street or highway
as a safe road zone. In determining the designation of a safe road zone, the commissioner
must evaluate traffic safety concerns for the street or highway, including but not limited to:
excessive speed; safety of pedestrians, bicyclists, or other vulnerable road users; intersection
risks; and roadway design.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin The commissioner must determine appropriate methods to
support the local authority with implementation of safety measures for each safe road zone
through education, public awareness, behavior modification, and traffic engineering efforts.
Safety measures for a safe road zone may include:
new text end

new text begin (1) providing safe road zone signs to the local authority for use in the zone;
new text end

new text begin (2) consulting with the local authority on roadway design modifications to improve
safety;
new text end

new text begin (3) performing statewide safe road zone public awareness and educational outreach;
new text end

new text begin (4) providing safe road zone outreach materials to the local authority for distribution to
the general public;
new text end

new text begin (5) working with the local authority to enhance safety conditions in the zone;
new text end

new text begin (6) establishing a speed limit as provided under section 169.14, subdivision 5i; and
new text end

new text begin (7) evaluating the impacts of safety measures in the zone on: crashes; injuries and
fatalities; property damage; transportation system disruptions; safety for vulnerable roadway
users, including pedestrians and bicyclists; and other measures as identified by the
commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Traffic enforcement. new text end

new text begin The commissioner of public safety must coordinate with
local law enforcement agencies to determine implementation of enhanced traffic enforcement
in a safe road zone designated under this section.
new text end

new text begin Subd. 5. new text end

new text begin Program information. new text end

new text begin The commissioner of transportation must maintain
information on a website that summarizes safe road zone implementation, including but not
limited to identification of requests for and designations of safe road zones, an overview of
safety measures and traffic enforcement activity, and a review of annual expenditures.
new text end

Sec. 5.

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 Speed limits in safe road zone. new text end

new text begin (a) Upon request by the local authority, the
commissioner may establish a temporary or permanent speed limit in a safe road zone
designated under section 169.065, other than the limits provided in subdivision 2, based on
an engineering and traffic investigation. In establishing a speed limit, the commissioner
must coordinate with the commissioner of public safety and local law enforcement agencies
on sign deployment and placement.
new text end

new text begin (b) The speed limit under this subdivision is effective upon the erection of appropriate
signs designating the speed and indicating the beginning and end of the segment on which
the speed limit is established. Any speed in excess of the posted limit is unlawful.
new text end

Sec. 6.

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 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. 7.

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 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.

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. 8.

Minnesota Statutes 2022, section 169.475, subdivision 2, is amended to read:

Subd. 2.

Prohibition on use; penalty.

(a) Except as provided in subdivision 3, when a
motor vehicle is in motion or a part of traffic, the person operating the vehicle upon a street
or highway is prohibited from new text begin :
new text end

new text begin (1) holding a wireless communications device with one or both hands; or
new text end

new text begin (2) new text end using a wireless communications device to:

deleted text begin (1) deleted text end new text begin (i) new text end initiate, compose, send, retrieve, or read an electronic message;

deleted text begin (2) deleted text end new text begin (ii) new text end engage in a cellular phone call, including initiating a call, talking or listening,
and participating in video calling; and

deleted text begin (3) deleted text end new text begin (iii) new text end access the following types of content stored on the device: video content, audio
content, images, games, or software applications.

(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of
$275.

Sec. 9.

Minnesota Statutes 2022, section 169.475, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in subdivision 2 do not apply if a person uses
a wireless communications device:

(1) solely in a voice-activated or hands-free mode to new text begin (i) new text end initiate or participate in a cellular
phone call new text begin , provided that the person does not hold the device with one or both hands; new text end or deleted text begin to deleted text end new text begin
(ii) new text end initiate, compose, send, or listen to an electronic message;

(2) to view or operate a global positioning system or navigation system in a manner that
does not require the driver to type while the vehicle is in motion or a part of traffic, provided
that the person does not hold the device with one or both hands;

(3) to listen to audio-based content in a manner that does not require the driver to scroll
or type while the vehicle is in motion or a part of traffic, provided that the person does not
hold the device with one or both hands;

(4) to obtain emergency assistance to (i) report a traffic accident, medical emergency,
or serious traffic hazard, or (ii) prevent a crime about to be committed;

(5) in the reasonable belief that a person's life or safety is in immediate danger; or

(6) in an authorized emergency vehicle while in the performance of official duties.

(b) The exception in paragraph (a), clause (1), does not apply to accessing nonnavigation
video content, engaging in video calling, engaging in live-streaming, accessing gaming
data, or reading electronic messages.

Sec. 10.

Minnesota Statutes 2022, section 299A.01, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Traffic safety report. new text end

new text begin Annually by January 2, the commissioner of public
safety must submit a traffic safety report to the governor and the chairs and ranking minority
members of the legislative committees with jurisdiction over traffic safety and enforcement.
In preparing the report, the commissioner must seek advice and comments from the Advisory
Council on Traffic Safety under section 4.076. The report must analyze the safety of
Minnesota's roads and transportation system, including but not limited to:
new text end

new text begin (1) injuries and fatalities that occur on or near a roadway or other transportation system
facility;
new text end

new text begin (2) factors that caused crashes resulting in injuries and fatalities;
new text end

new text begin (3) roadway and system improvements broadly and at specific locations that could reduce
injuries and fatalities;
new text end

new text begin (4) enforcement and education efforts that could reduce injuries and fatalities;
new text end

new text begin (5) other safety improvements or programs to improve the quality of the roadway and
transportation use experience; and
new text end

new text begin (6) existing resources and resource gaps for roadway and transportation system safety
improvements.
new text end

Sec. 11. new text begin SPEED VIOLATIONS DISPOSITION ANALYSIS.
new text end

new text begin The legislative auditor is encouraged to conduct a special review or evaluation of the
disposition of traffic citations in recent years, including:
new text end

new text begin (1) rates of citations issued compared to rates of citations contested in court and the
outcomes of the cases;
new text end

new text begin (2) amounts of fines imposed compared to counts and amounts of fine payments; and
new text end

new text begin (3) any related analysis of changes in patterns of traffic enforcement from 2017 to 2022.
new text end

Sec. 12. new text begin SAFETY ENFORCEMENT PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Commissioners" means the commissioner of transportation as the pilot program
lead, in coordination with the commissioner of public safety.
new text end

new text begin (c) "High-risk pedestrian zone" means a segment of street or highway that is designated
by the commissioners based on a substantial volume of motor vehicle traffic and interactions
between motor vehicles and pedestrians in or adjacent to the roadway.
new text end

new text begin (d) "Pilot program" means the safety enforcement pilot program established in this
section.
new text end

new text begin (e) "Speed safety camera system" means an electronic system of one or more cameras
or other sensors that is capable of automatically producing recorded images of a motor
vehicle operated in violation of the speed limit, including related information technology
for recorded image storage, retrieval, and transmission.
new text end

new text begin (f) "Speed safety camera system data" means government data, as defined in Minnesota
Statutes, section 13.02, subdivision 7, derived from a speed safety camera system under
this section.
new text end

new text begin (g) "Video enforcement" means issuance of a speed citation by a peace officer to the
operator of a motor vehicle during a traffic stop performed following detection by a speed
safety camera system that the vehicle was operated in violation of the speed limit, as provided
under the pilot program.
new text end

new text begin (h) "Work zone" has the meaning given in Minnesota Statutes, section 169.011,
subdivision 95.
new text end

new text begin Subd. 2. new text end

new text begin Pilot program authority. new text end

new text begin The commissioners may implement a safety
enforcement pilot program that provides for:
new text end

new text begin (1) performance of video enforcement in a work zone or high-risk pedestrian zone;
new text end

new text begin (2) issuance of mailed warnings for speed safety camera system detection of motor
vehicles operated in violation of the speed limit in a work zone or high-risk pedestrian zone;
and
new text end

new text begin (3) public education on speed safety cameras and the pilot program.
new text end

new text begin Subd. 3. new text end

new text begin General requirements. new text end

new text begin (a) The commissioners may perform pilot program
field operations from the start of the 2023 construction season to the end of the 2025
construction season.
new text end

new text begin (b) The pilot program must include establishment of a speed safety camera system in at
least two work zones on the trunk highway system, including at least one located in greater
Minnesota. The pilot program may include establishment of a speed safety camera system
at additional work zones or high-risk pedestrian zones in cooperation with the appropriate
road authority and law enforcement agency.
new text end

new text begin (c) The pilot program must include:
new text end

new text begin (1) training and qualification of licensed peace officers to inspect and calibrate a speed
safety camera system;
new text end

new text begin (2) initial calibration of the speed safety camera system prior to deployment;
new text end

new text begin (3) supervision by a licensed peace officer when the speed safety camera system is
deployed;
new text end

new text begin (4) inspection and any necessary calibration of the speed safety camera system on a
daily basis by a qualified licensed peace officer that ensures, at a minimum:
new text end

new text begin (i) accuracy of speed measurement; and
new text end

new text begin (ii) reliability in only identifying applicable speed violations;
new text end

new text begin (5) placement of conspicuous signs in conformance with Minnesota Statutes, section
169.06 to notify drivers of the pilot program and that a speed safety camera system is in
use for the issuance of either a citation or a warning for vehicle operation in violation of
the speed limit;
new text end

new text begin (6) information on a website that, at a minimum, summarizes the pilot program and
identifies the geographic locations and dates of video enforcement and mailed warnings;
and
new text end

new text begin (7) a limitation that the speed safety camera system must only record the rear license
plate of a vehicle operated in violation of a speed limit and an area surrounding the vehicle
to the extent necessary to calculate vehicle speed.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) Under the pilot program, a licensed peace officer may:
new text end

new text begin (1) perform video enforcement; and
new text end

new text begin (2) authorize issuance of a mailed warning to the owner or lessee of a motor vehicle that
a speed safety camera system detects is operated in violation of a speed limit in a work zone
or high-risk pedestrian zone.
new text end

new text begin (b) Prior to issuing a citation or mailed warning under this section, a licensed peace
officer must:
new text end

new text begin (1) inspect and certify the recorded images produced by a speed safety camera system;
and
new text end

new text begin (2) confirm that at least two recorded images identify (i) the motor vehicle at different
locations, and (ii) the same fixed object in each of the images.
new text end

new text begin (c) Use of a speed safety camera system under the pilot program is limited to only within
a work zone or high-risk pedestrian zone.
new text end

new text begin Subd. 5. new text end

new text begin Agreements. new text end

new text begin The commissioner of transportation may enter into agreements
with the commissioner of public safety and with a private entity for operations, services, or
equipment under the pilot program. Payment under a contract to a private entity must not
be based on the number of violations, citations, or warnings issued, or other similar means.
new text end

new text begin Subd. 6. new text end

new text begin Consultation. new text end

new text begin In design, implementation, data collection, and evaluation of
the pilot program, the commissioners must consult with representatives from the State Patrol,
the Minnesota Safety Council, the highway construction industry, organized labor,
transportation researchers, and other interested stakeholders.
new text end

new text begin Subd. 7. new text end

new text begin Data practices; general requirements. new text end

new text begin (a) All data collected by a speed safety
camera system are private data on individuals as defined in Minnesota Statutes, section
13.02, subdivision 12, or nonpublic data as defined in Minnesota Statutes, section 13.02,
subdivision 9, unless the data are public under Minnesota Statutes, section 13.82, subdivision
2, 3, or 6, or are active criminal investigative data under Minnesota Statutes, section 13.82,
subdivision 7.
new text end

new text begin (b) Speed safety camera system data may only be used for speed enforcement and crash
investigations in work zones and high-risk pedestrian zones.
new text end

new text begin (c) A contract with a private entity under subdivision 5 must comply with Minnesota
Statutes, section 13.05, subdivisions 6 and 11. The private entity may use the data gathered
only for purposes of the pilot program and must not share or disseminate the data with an
entity other than the commissioners, except pursuant to a court order. Nothing in this
subdivision prevents a private entity from sharing or disseminating summary data, as defined
in Minnesota Statutes, section 13.02, subdivision 19, about the pilot program.
new text end

new text begin Subd. 8. new text end

new text begin Data practices; destruction of data. new text end

new text begin (a) Notwithstanding Minnesota Statutes,
section 138.17, and except as otherwise provided in this subdivision, speed safety camera
system data must be destroyed within five days of the date of collection unless: (1) as a
result of collection of the data a citation is issued for a violation of a speed limit; or (2) the
data are active investigative data under Minnesota Statutes, section 13.82, subdivision 7.
new text end

new text begin (b) Upon written request 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 law enforcement agency until the criminal charge or complaint
is resolved or dismissed.
new text end

new text begin (c) Upon written request from a program participant under Minnesota Statutes, chapter
5B, speed safety camera system data 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 under Minnesota Statutes, section 13.82,
subdivision 7. The existence of a request submitted under this paragraph is private data on
individuals as defined in Minnesota Statutes, section 13.02, subdivision 12.
new text end

new text begin (d) Speed safety camera system data that are inactive criminal investigative data are
subject to destruction according to the retention schedule for the data established under
Minnesota Statutes, section 138.17, provided that the retention schedule must require that
the data be destroyed within three years of the resolution of a citation issued under the pilot
program.
new text end

new text begin Subd. 9. new text end

new text begin Recording certain violations. new text end

new text begin The requirements in Minnesota Statutes, section
171.12, subdivision 6, apply to a citation under the pilot program.
new text end

new text begin Subd. 10. new text end

new text begin Evaluation. new text end

new text begin (a) The commissioners must arrange an independent evaluation
of the pilot program. The evaluation must be performed by a nonprofit transportation research
entity from outside the transportation and public safety departments. At a minimum, the
evaluation must provide an analysis of the effectiveness of speed safety camera systems in
supporting construction worker safety and pedestrian safety and in reducing traffic crashes,
injuries, and fatalities.
new text end

new text begin (b) By February 1 in each of 2024 and 2025, the commissioners must submit a progress
update on the evaluation, and by February 1, 2026, the commissioners must submit a final
copy of the evaluation, to the members and staff of the legislative committees with
jurisdiction over transportation policy and finance. For purposes of this paragraph, "staff"
means those employees who are identified in any of the following roles for the legislative
committees: committee administrator, committee legislative assistant, caucus research, fiscal
analysis, counsel, or nonpartisan research.
new text end

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin The pilot program under this section expires on February 1, 2026.
new text end

Sec. 13. new text begin LEGISLATIVE REPORT; SPEED SAFETY CAMERAS.
new text end

new text begin (a) By February 1, 2026, the commissioner of public safety must submit a report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance that identifies a process and associated policies for issuance
of a mailed citation to the owner or lessee of a motor vehicle that a speed safety camera
system detects is operated in violation of a speed limit. The commissioner must convene a
task force to assist in the development of the report.
new text end

new text begin (b) At a minimum, the report must include consideration and analysis of:
new text end

new text begin (1) results from the pilot program under section 12, including but not limited to the
evaluation under subdivision 10 of that section;
new text end

new text begin (2) methods to identify the owner, operator, and any lessee of the motor vehicle;
new text end

new text begin (3) compliance with federal enforcement requirements related to holders of a commercial
driver's license;
new text end

new text begin (4) authority of individuals who are not peace officers to issue citations;
new text end

new text begin (5) data practices, including but not limited to concerns related to data privacy;
new text end

new text begin (6) due process, an appeals process, and the judicial system;
new text end

new text begin (7) technology options, constraints, and factors;
new text end

new text begin (8) other legal issues; and
new text end

new text begin (9) recommendations regarding implementation, including but not limited to any
legislative proposal and information on implementation costs.
new text end

ARTICLE 2

APPROPRIATIONS

Section 1. new text begin APPROPRIATION; ADVISORY COUNCIL ON TRAFFIC SAFETY.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the commissioner of public safety for activities of the Advisory Council on Traffic
Safety under Minnesota Statutes, section 4.076, including grants. Of this amount, the
commissioner may expend no more than $....... in each year on advisory council
administrative costs.
new text end

Sec. 2. new text begin APPROPRIATIONS; SAFE ROAD ZONES.
new text end

new text begin (a) $1,750,000 in fiscal year 2024 is appropriated from the general fund to the
commissioner of transportation for safe road zones under Minnesota Statutes, section
169.065. Of this amount, $750,000 is for development and delivery of public awareness
and education campaigns about safe road zones. This is a onetime appropriation.
new text end

new text begin (b) $1,000,000 in fiscal year 2024 is appropriated from the general fund to the
commissioner of public safety for grants to local units of government to perform additional
traffic safety enforcement activities in safe road zones under Minnesota Statutes, section
169.065. In allocating funds, the commissioner must account for other sources of funding
for increased traffic enforcement. This is a onetime appropriation.
new text end

Sec. 3. new text begin APPROPRIATION; WORK ZONE AND HIGH-RISK PEDESTRIAN ZONE
SAFETY.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
transportation for the work zone safety pilot program under article 1, section 12. This
appropriation is available for pilot program implementation, including but not limited to
enforcement activities, contracts with private entities, interagency agreements, public
education, and the pilot program evaluation. This is a onetime appropriation and is available
until June 30, 2026.
new text end

Sec. 4. new text begin APPROPRIATION; ENHANCED TRAFFIC SAFETY ENFORCEMENT.
new text end

new text begin (a) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the commissioner of public safety for grants to local units of government
to increase traffic safety enforcement activities. This appropriation is available for training,
equipment, overtime, and related costs for peace officers to perform duties that are
specifically related to traffic management and traffic safety.
new text end

new text begin (b) This appropriation is for the purposes of local match for formula and discretionary
grant programs enacted in the federal Infrastructure Investment and Jobs Act (IIJA), Public
Law 117-58.
new text end

Sec. 5. new text begin APPROPRIATIONS; RURAL HIGH-RISK ROADWAYS.
new text end

new text begin (a) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the commissioner of public safety for grants to law enforcement agencies
to undertake targeted speed reduction efforts on rural high-risk roadways.
new text end

new text begin (b) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the commissioner of transportation for roadway design and related
improvements that reduce speeds on rural high-risk roadways and eliminate intersection
interactions on rural high-risk roadways.
new text end

new text begin (c) In identifying rural high-risk roadways under this section, the commissioners of
transportation and public safety must examine available crash information and consult with
Toward Zero Deaths program representatives and local traffic safety partners.
new text end

new text begin (d) The appropriations in this section are for the purposes of local match for formula
and discretionary grant programs enacted in the federal Infrastructure Investment and Jobs
Act (IIJA), Public Law 117-58.
new text end