HF 2859

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2025 11:33 a.m.

A bill for an act
relating to transportation; authorizing local units of government to adopt a speed
limit ordinance for electric-assisted bicycles in certain areas; amending Minnesota
Statutes 2024, sections 169.222, by adding a subdivision; 169.999, subdivisions
1, 4, 5, 9; 171.12, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 169.222, is amended by adding a subdivision
to read:

new text begin Subd. 6c. new text end

new text begin Electric-assisted bicycles; local speed limit authorized. new text end

new text begin (a) A local unit of
government may adopt an ordinance to set a posted maximum speed limit for the operation
of an electric-assisted bicycle within a business district in a local unit of government's
jurisdiction.
new text end

new text begin (b) An ordinance adopted under this section may specify the circumstances under which
a posted maximum speed limit is effective for the operation of electric-assisted bicycles. A
speed limit adopted under this section 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.
new text end

new text begin (c) An ordinance adopted under this section to issue citations for violations of a posted
maximum speed limit while operating an electric-assisted bicycle must comply with the
requirements of section 169.999. A citation may only be issued by a peace officer employed
by the local unit of government that authorized the issuance of citations.
new text end

new text begin (d) The commissioner of public safety must not record on an individual's driving record
any violation of a speed limit established by a local unit of government under this section
or a violation committed by a holder of a class A, B, or C commercial driver's license or
commercial driver learner's permit when operating an electric-assisted bicycle.
new text end

new text begin (e) A local unit of government may not issue administrative citations for violations of
riding rules under subdivision 6a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2024, section 169.999, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) Except for peace officers employed by the state patrol,
prior to a peace officer issuing an administrative citation under this section, the governing
body for the local unit of government that employs the peace officer must pass a resolution
that:

(1) authorizes issuance of administrative citations;

(2) obligates the local unit of government to provide a neutral third party to hear and
rule on challenges to administrative citations; and

(3) bars peace officers from issuing administrative citations in violation of this section.

(b) A peace officer may issue an administrative citation to a vehicle operator who:

(1) violates section 169.14, and the violation consists of a speed under ten miles per
hour in excess of the lawful speed limit;

(2) fails to obey a stop line in violation of section 169.30; or

(3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69 to
169.75.

new text begin (c) A peace officer may issue an administrative citation to an operator of an
electric-assisted bicycle who violates section 169.222, subdivision 6c. An operator of an
electric-assisted bicycle may not be issued an administrative citation for the violations
specified in paragraph (b), clauses (2) and (3). An administrative citation issued under this
paragraph must list the actual speed the electric-assisted bicycle was traveling at the time
of the violation.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The authority to issue an administrative citation is exclusively limited to those
offenses listed in this subdivision.

deleted text begin (d) deleted text end new text begin (e) new text end A peace officer who issues an administrative citation for the infraction of speeding
under ten miles per hour over the speed limit must use the actual speed a violator's vehicle
was traveling at the time of the infraction and may not reduce the recorded speed for purposes
of qualifying the offense for an administrative citation. An administrative citation issued
for speeding must list the actual speed the vehicle was traveling at the time of the infraction.

deleted text begin (e) deleted text end new text begin (f) new text end A local unit of government deleted text begin shall deleted text end new text begin must new text end notify the commissioner of public safety
after it passes a resolution described in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, for citations issued on or
after that date.
new text end

Sec. 3.

Minnesota Statutes 2024, section 169.999, subdivision 4, is amended to read:

Subd. 4.

Right to contest citation.

(a) A peace officer who issues an administrative
citation must inform the vehicle operator new text begin or operator of an electric-assisted bicycle new text end that the
person has the right to contest the citation.

(b) Except as provided in paragraph (c), the local unit of government that employs the
peace officer who issues an administrative citation must provide a civil process for a person
to contest the administrative citation. The person must be allowed to challenge the citation
before a neutral third party. A local unit of government may employ a person to hear and
rule on challenges to administrative citations or contract with another local unit of
government or a private entity to provide the service.

(c) The state patrol may contract with local units of government or private entities to
collect administrative fines and to provide a neutral third party to hear and rule on challenges
to administrative citations. An administrative citation issued by a state patrol trooper must
clearly state how and where a violator can challenge the citation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, for citations issued on or
after that date.
new text end

Sec. 4.

Minnesota Statutes 2024, section 169.999, subdivision 5, is amended to read:

Subd. 5.

Fines; disbursement.

(a) A person who commits an administrative violation
under subdivision 1 must pay a fine of $60.

(b) Except as provided in deleted text begin paragraph deleted text end new text begin paragraphs new text end (c) new text begin and (d) new text end , two-thirds of a fine collected
under this section must be credited to the general revenue fund of the local unit of government
that employs the peace officer who issued the citation and one-third must be transferred to
the commissioner of management and budget to be deposited in the state general fund. A
local unit of government receiving fine proceeds under this section must use at least one-half
of the funds for law enforcement purposes. The funds must be used to supplement but not
supplant any existing law enforcement funding.

(c) For fines collected under this section from administrative citations issued by state
patrol troopers, one-third must be credited to the general fund of the local unit of government
or entity that collects the fine and provides a hearing officer and two-thirds must be
transferred to the commissioner of management and budget to be deposited in the state
general fund.

new text begin (d) For fines collected under this section from administrative citations issued to operators
of electric-assisted bicycles for violating posted maximum speed limits, one-third must be
credited to the general fund of the local unit of government or entity that collects the fine
and provides a hearing officer and two-thirds must be transferred to the commissioner of
management and budget to be deposited in the active transportation account in the special
revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, for citations issued on or
after that date.
new text end

Sec. 5.

Minnesota Statutes 2024, section 169.999, subdivision 9, is amended to read:

Subd. 9.

Local preemption.

new text begin (a) new text end The authority to issue an administrative citation is
exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary
charter provision or ordinance, no statutory or home rule charter city, county, or town may
impose administrative penalties to enforce any other provision of this chapter.

new text begin (b) Nothing in this section may be construed to prohibit the enforcement of the use of
electric-assisted bicycles on a trail, roadway, bikeway, or shoulder, as provided in section
85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2,
paragraph (b).
new text end

Sec. 6.

Minnesota Statutes 2024, section 171.12, is amended by adding a subdivision to
read:

new text begin Subd. 6b. new text end

new text begin Driving record; electric-assisted bicycle speed limit violation. new text end

new text begin The
commissioner must not record on an individual's driving record any violation of a speed
limit authorized under section 169.222, subdivision 6c.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, for citations issued on or
after that date.
new text end