SF 2321

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 07/05/2023 02:34pm

A bill for an act
relating to transportation; modifying various traffic safety provisions; establishing
an advisory council on traffic safety; requiring legislative reports; appropriating
money; amending Minnesota Statutes 2022, sections 169.14, by adding a
subdivision; 169.475, subdivisions 2, 3; 299A.01, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 4; 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 (a) 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 statewide Toward Zero Deaths coordinator;
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;
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) two individuals representing vulnerable road users, including pedestrians, bicyclists,
and other operators of a personal conveyance;
new text end

new text begin (26) a representative from Minnesota Operation Lifesaver;
new text end

new text begin (27) a representative from the Minnesota Driver and Traffic Safety Education Association;
new text end

new text begin (28) a representative from the Minnesota Association for Pupil Transportation;
new text end

new text begin (29) a representative from the State Trauma Advisory Council;
new text end

new text begin (30) a person representing metropolitan planning organizations; and
new text end

new text begin (31) a person representing contractors engaged in construction and maintenance of
highways and other infrastructure.
new text end

new text begin (b) The commissioners of public safety and transportation must jointly appoint the
advisory council members under paragraph (a), clauses (11), (25), (30), and (31).
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 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;
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; and
new text end

new text begin (6) make recommendations on safe road zone safety measures under section 169.065.
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. The advisory
council is subject to chapter 13D.
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.

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 request" means a formal
request collectively submitted by the chief law enforcement officer of a political subdivision
serving the proposed safe road zone, the local road authority for the proposed safe road
zone, and the chief executive officer, board, or designee by resolution of the political
subdivision encompassing the proposed safe road zone.
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 receipt of a local request, 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; crash history; 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 Advisory Council on Traffic Safety must make
recommendations to the commissioners of public safety and transportation on supporting
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, with
supporting speed enforcement and education measures; 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. 3.

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.
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. 4.

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. 5.

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. 6.

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. 7. new text begin TRAFFIC SAFETY VIOLATIONS DISPOSITION ANALYSIS.
new text end

new text begin (a) The commissioner of public safety must enter into an agreement with the Center for
Transportation Studies at the University of Minnesota to conduct an evaluation of the
disposition in recent years of citations for speeding, impairment, distraction, and seatbelt
violations. The evaluation under the agreement must include but is not limited to analysis
of:
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 changes in patterns of traffic enforcement from 2017 to 2022.
new text end

new text begin (b) The agreement must require the Center for Transportation Studies to submit an
interim progress report by July 1, 2024, and a final report by July 1, 2025, to the
commissioner and the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation policy and finance and public safety.
new text end

Sec. 8. new text begin LEGISLATIVE REPORT; SPEED SAFETY CAMERAS.
new text end

new text begin (a) By January 3, 2024, 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. The task force must include the Advisory
Council on Traffic Safety established by Minnesota Statutes, section 4.076, a representative
from the Minnesota County Attorneys Association, a person with expertise in data privacy,
and may include other members as the commissioner determines are necessary to develop
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) methods to identify the owner, operator, and any lessee of the motor vehicle;
new text end

new text begin (2) compliance with federal enforcement requirements related to holders of a commercial
driver's license;
new text end

new text begin (3) authority of individuals who are not peace officers to issue citations;
new text end

new text begin (4) data practices, including but not limited to concerns related to data privacy;
new text end

new text begin (5) due process, an appeals process, and the judicial system;
new text end

new text begin (6) technology options, constraints, and factors;
new text end

new text begin (7) other legal issues; and
new text end

new text begin (8) 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 $4,000,000 in fiscal year 2024 and $4,000,000 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 $250,000 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; ENHANCED TRAFFIC SAFETY ENFORCEMENT.
new text end

new text begin (a) $1,000,000 in fiscal year 2024 and $1,000,000 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. 4. new text begin APPROPRIATIONS; RURAL HIGH-RISK ROADWAYS.
new text end

new text begin (a) $2,000,000 in fiscal year 2024 and $2,000,000 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) $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of transportation for 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 assess crash risks and 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

Sec. 5. new text begin APPROPRIATION; SAFE RIDE PROGRAMS.
new text end

new text begin $175,000 in fiscal year 2024 and $175,000 in fiscal year 2025 are appropriated from the
general fund to the commissioner of public safety for grants to local units of government
for safe ride programs that provide safe transportation options for patrons of hospitality and
entertainment businesses within a community.
new text end

Sec. 6. new text begin APPROPRIATION; SUPPLEMENTAL SPEED MITIGATION MEASURES.
new text end

new text begin $300,000 in fiscal year 2024 and $300,000 in fiscal year 2025 are appropriated from the
general fund to the commissioner of transportation for additions and modifications to work
zone design or layout to reduce vehicle speeds in a work zone. This appropriation is available
following a determination by the commissioner that the initial work zone design or layout
insufficiently provides for reduced vehicle speeds.
new text end

Sec. 7. new text begin APPROPRIATION; TRAFFIC SAFETY VIOLATIONS DISPOSITION
ANALYSIS.
new text end

new text begin $500,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of public safety for the traffic safety violations disposition analysis under article 1, section
7.
new text end