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SF 2056

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 03:51pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to transportation; governing work zone safety; providing for driver's
education; establishing a work zone safety pilot program; establishing a penalty;
appropriating money; amending Minnesota Statutes 2018, sections 171.0701, by
adding a subdivision; 171.0705, by adding a subdivision; 171.13, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 171.0701, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Driver education; safe driving practices. new text end

new text begin By June 30, 2020, the commissioner
must adopt rules for persons enrolled in driver education programs offered at public schools,
private schools, and commercial driver training schools, requiring inclusion in the course
of instruction a section on safe driving practices. The instruction must include but is not
limited to laws, penalties, and dangers related to (1) distracted driving, and (2) driving in
work zones.
new text end

Sec. 2.

Minnesota Statutes 2018, section 171.0705, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Safe driving practices. new text end

new text begin The commissioner must include in the driver's manual
a section on safe driving practices that includes laws, penalties, and dangers related to (1)
distracted driving, and (2) driving in work zones.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, and
applies to revisions of the driver's manual published on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 171.13, subdivision 1, is amended to read:


Subdivision 1.

Examination subjects and locations; provisions for color blindness,
disabled veterans.

(a) Except as otherwise provided in this section, the commissioner shall
examine each applicant for a driver's license by such agency as the commissioner directs.
This examination must include:

(1) a test of the applicant's eyesight;

(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to bicycles; deleted text begin anddeleted text end (vii) the circumstances and
dangers of carbon monoxide poisoning;new text begin and (viii) safe driving practices, including the topics
provided in section 171.0701, subdivision 3;
new text end

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and

(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.

(b) Notwithstanding paragraph (a), no driver's license may be denied an applicant on
the exclusive grounds that the applicant's eyesight is deficient in color perception. War
veterans operating motor vehicles especially equipped for disabled persons, if otherwise
entitled to a license, must be granted such license.

(c) The commissioner shall make provision for giving the examinations under this
subdivision either in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.

(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 4. new text begin WORK ZONE SAFETY 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) "Automated enforcement system" means an electronic system of cameras or other
sensors that is designed to automatically produce recorded images of a motor vehicle operated
in violation of the speed limit.
new text end

new text begin (c) "Automated speed enforcement data" means government data, as defined in Minnesota
Statutes, section 13.02, subdivision 7, derived from an automated enforcement system under
this section.
new text end

new text begin (d) "Commissioner" means the commissioner of transportation.
new text end

new text begin (e) "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 established. new text end

new text begin (a) The commissioner of transportation, in
coordination with the commissioner of public safety, must implement a work zone safety
pilot program that includes peace officers issuing citations for a speeding violation in a
work zone in conjunction with an automated enforcement system.
new text end

new text begin (b) The commissioner must commence field operations by May 1, 2020, and conclude
field operations by November 1, 2021.
new text end

new text begin Subd. 3. new text end

new text begin Automated enforcement; general requirements. new text end

new text begin (a) The pilot program must
include establishment of an automated enforcement system in eight work zones. One work
zone under this subdivision must be located in each Department of Transportation district,
and the locations must include divided highways and two-lane highways having one lane
in each direction of travel. The work zone speed limit at each location must be at least 45
miles per hour.
new text end

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

new text begin (1) training and qualification of individuals to inspect and calibrate an automated
enforcement system;
new text end

new text begin (2) initial calibration of the automated enforcement system prior to deployment;
new text end

new text begin (3) inspection and any necessary calibration of the automated enforcement system on a
daily basis by a qualified individual 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 (4) placement of conspicuous signage in conformance with Minnesota Statutes, section
169.06, to notify drivers that an automated enforcement system is in place to detect speeding
violations; and
new text end

new text begin (5) information on a website that, at a minimum, summarizes the pilot program and
identifies the geographic locations and dates of automated enforcement.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement requirements. new text end

new text begin (a) Use of an automated enforcement system
under the pilot program is limited only to enforcement within a work zone for vehicle speed
that is ten miles per hour or more above the speed limit.
new text end

new text begin (b) A peace officer must:
new text end

new text begin (1) notwithstanding subdivision 5, only issue a warning for a violation that occurs within
the first 30 days of use of an automated enforcement system at each pilot program location;
new text end

new text begin (2) inspect and certify the recorded images produced by an automated enforcement
system prior to issuance of each resulting citation; and
new text end

new text begin (3) only issue a citation under this section if at least two recorded images identify the
motor vehicle at different locations and identify the same fixed object in each of the images.
new text end

new text begin (c) The pilot program may include issuance of citations through the United States mail
if postmarked within 21 days of the violation.
new text end

new text begin Subd. 5. new text end

new text begin Violations; penalty. new text end

new text begin (a) If a motor vehicle is operated in violation of a speed
limit in a work zone and the violation is detected through the use of an automated
enforcement system, the owner of the vehicle or the lessee of the vehicle is guilty of a petty
misdemeanor.
new text end

new text begin (b) Paragraph (a) does not apply to:
new text end

new text begin (1) an owner who provides to the applicable law enforcement agency a police report
documenting that the identified motor vehicle was stolen;
new text end

new text begin (2) a lessor of the identified motor vehicle operated who provides to the applicable law
enforcement agency a written lease agreement documenting the name and address of the
lessee;
new text end

new text begin (3) an owner who provides to the applicable law enforcement agency documentation of
a transfer of interest in the identified motor vehicle, if the transfer occurred before the
violation and complies with Minnesota Statutes, section 168A.10; or
new text end

new text begin (4) a person who is operating an authorized emergency vehicle, as defined in Minnesota
Statutes, section 169.011, subdivision 3.
new text end

new text begin (c) This subdivision does not prohibit or limit the prosecution of the driver of a motor
vehicle for a violation of a speed limit.
new text end

new text begin (d) The owner or lessee of a motor vehicle operated in violation of a speed limit may
not be convicted, as defined in Minnesota Statutes, section 171.01, subdivision 29, under
this subdivision if the driver of the motor vehicle is convicted for the same violation.
new text end

new text begin (e) A violation under this subdivision does not constitute grounds for revocation or
suspension of the owner's or lessee's driver's license and may not be recorded by the
Department of Public Safety on the individual's driving record.
new text end

new text begin Subd. 6. new text end

new text begin Direct enforcement in short-term work zones. new text end

new text begin (a) In addition to enforcement
in conjunction with an automated enforcement system under subdivisions 3 to 5, the pilot
program must include establishment of speed enforcement in 16 short-term work zones. A
short-term work zone selected under this subdivision must be established for no more than
three days. Two short-term work zones under this subdivision must be located in each
Department of Transportation district, and the locations must include divided highways and
two-lane highways having one lane in each direction of travel. The work zone speed limit
at each location must be at least 45 miles per hour.
new text end

new text begin (b) Enforcement under this subdivision is limited only to within a work zone for vehicle
speed that is five miles per hour or more above the speed limit.
new text end

new text begin (c) A peace officer who performs enforcement under this subdivision must ensure that
motorists are stopped outside the vicinity of the short-term work zone through coordination
of two or more patrol vehicles or similar means.
new text end

new text begin Subd. 7. new text end

new text begin Contracts. new text end

new text begin The commissioner may enter into a contract with a private entity
for administration or operation of the pilot program. Payment under a contract to a private
entity must not be based on the number of citations issued.
new text end

new text begin Subd. 8. new text end

new text begin Advisory committee. new text end

new text begin The commissioner must establish an advisory committee
to assist in design, implementation, and evaluation of the pilot program. Membership of the
advisory committee must include representatives from the highway construction industry,
organized labor, local law enforcement, transportation researchers, the Minnesota Safety
Council, and other interested stakeholders.
new text end

new text begin Subd. 9. new text end

new text begin Evaluation. new text end

new text begin (a) The commissioner must arrange an independent evaluation of
the pilot program. The evaluation must be performed by a nonprofit transportation research
entity from outside the Departments of Transportation and Public Safety. At a minimum,
the evaluation must provide:
new text end

new text begin (1) analysis of the effectiveness of automated enforcement systems in supporting
construction worker safety and reducing traffic crashes, injuries, and fatalities;
new text end

new text begin (2) analysis of the effectiveness of direct enforcement under subdivision 6; and
new text end

new text begin (3) a comparison between automated enforcement and direct enforcement under the
pilot program.
new text end

new text begin (b) By March 1, 2022, the commissioner must submit a copy of the evaluation to the
members and staff of the legislative committees with jurisdiction over transportation policy
and finance.
new text end

new text begin Subd. 10. new text end

new text begin Data practices. new text end

new text begin (a) Automated speed enforcement data 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.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 138.17, automated speed enforcement
data must be destroyed within 24 hours of collection of the data, unless as a result of
collection of the data a citation is issued for violation of a speed limit or the data are active
investigative data.
new text end

new text begin (c) A contract with a private entity under subdivision 7 must comply with Minnesota
Statutes, section 13.05, subdivision 11. The private entity may use the data gathered only
for purposes of the pilot program.
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 June 30, 2022.
new text end

Sec. 5. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Work zone safety pilot program. new text end

new text begin $....... in fiscal year 2020 is appropriated
from the general fund to the commissioner of transportation for the work zone safety pilot
program under section 4. This is a onetime appropriation and is available until June 30,
2023.
new text end

new text begin Subd. 2. new text end

new text begin Safe driving education campaign. new text end

new text begin $1,000,000 in fiscal year 2020 is
appropriated from the general fund to the commissioner of transportation for a safe driving
public education and awareness campaign to increase awareness about the dangers of
distracted driving and safety when driving through work zones. The commissioner must
design and implement the campaign in coordination with the commissioner of public safety
and the Minnesota Safety Council. At a minimum, the campaign must include communication
through multiple forms. This is a onetime appropriation.
new text end