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Minnesota Legislature

Office of the Revisor of Statutes

SF 3561

as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2018 09:08am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; modifying certain bicycle traffic regulations, powers,
and duties; modifying certain Department of Transportation powers and duties
related to bikeways and state bicycle routes; broadening active transportation
program eligibility; amending Minnesota Statutes 2016, sections 169.011,
subdivisions 5, 9; 169.18, subdivision 3; 169.222, subdivisions 1, 4; Minnesota
Statutes 2017 Supplement, sections 160.02, subdivision 1a; 160.262, subdivisions
1, 3; 160.266, subdivisions 3, 5; 174.38, subdivision 5.

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

ARTICLE 1

BICYCLE TRAFFIC REGULATIONS

Section 1.

Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended
to read:


Subd. 1a.

Bikeway.

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

Sec. 2.

Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:


Subd. 5.

Bicycle lane.

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

Sec. 3.

Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:


Subd. 9.

Bikeway.

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

Sec. 4.

Minnesota Statutes 2016, 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 endnew text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text endnew text begin mustnew text end pass to the left deleted text beginthereofdeleted text endnew text begin of the other vehiclenew text end at a safe distance and deleted text beginshall not again
drive
deleted text endnew text begin is prohibited from returningnew text end to the right side of the roadway until safely clear of the
overtaken vehicledeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2)deleted text endnew text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text beginshalldeleted text endnew text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text beginon
audible warning,
deleted text end and deleted text beginshalldeleted text endnew text begin mustnew text end not increase deleted text beginthedeleted text end speed deleted text beginof the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text endnew 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 beginshalldeleted text endnew text begin or shoulder must:
new text end

new text begin (1)new text end deleted text beginleavedeleted text endnew text begin either (i) providenew text end a safenew text begin clearancenew text end distance, but in no case less than three feet
deleted text begin clearance, when passing the bicycle or individualdeleted text endnew text begin or one-half the width of the motor vehicle,
whichever is greater; or (ii) completely enter another lane of the roadway;
new text end and deleted text beginshall
deleted text end

new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text beginpastdeleted text endnew text begin passednew text end the overtaken bicycle
or individual.

Sec. 5.

Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:


Subdivision 1.

Traffic laws apply.

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

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

Sec. 6.

Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:


Subd. 4.

Riding rules.

(a) Every person operating a bicycle deleted text beginupon a roadway shalldeleted text endnew text begin on a
road must
new text end ride as close deleted text beginas practicabledeleted text end to the right-hand curb or edge of the deleted text beginroadway except
under any of the following situations
deleted text endnew 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 when
new text end:

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

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

(3) deleted text beginwhendeleted text end reasonably necessary to avoid conditionsnew 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 narrow width lanesdeleted text begin, that make it unsafe to continue along the right-hand
curb or edge
deleted text end; deleted text beginor
deleted text end

(4) deleted text beginwhendeleted text end operating on the shoulder of a roadway or in a bicycle lanenew text begin; or
new text end

new text begin (5) stopping in a dedicated right-hand turn lane prior to crossing an intersectionnew text end.

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text beginshalldeleted text endnew text begin operator mustnew text end
travel in the same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane.

(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal
when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle
upon a sidewalk within a business district unless permitted by local authorities. Local
authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their
jurisdiction.

(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
distance when overtaking a bicycle or individual proceeding in the same direction on the
bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

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

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

new text begin (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
intersection proceeding from a dedicated right-hand turn lane without turning right.
new text end

Sec. 7. new text beginREVISOR'S INSTRUCTION.
new text end

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

ARTICLE 2

BIKEWAY DEVELOPMENT

Section 1.

Minnesota Statutes 2017 Supplement, section 160.262, subdivision 1, is amended
to read:


Subdivision 1.

Bikeways; powers and duties; design guidelines.

(a) The legislature
determines that it is in the interests of the public health, safety and welfare, to provide for
the addition of bikeways to proposed and existing public highways. The commissioner of
transportation is authorized to new text begin(1) new text endplan, design, establish, and maintain bikeways on the
right-of-way of any trunk highwaydeleted text begin. The commissioner is responsible for the design and
construction of all bikeway projects within the right-of-way of any trunk highway
deleted text endnew text begin, and (2)
identify, plan, design, and assist in development of bikeways throughout the state
new text end.

new text begin (b)new text end The commissioner must consider the development of bikeways during the planning,
design, construction, reconstruction, or improvement of any trunk highway, or allow the
establishment of such bikeways within trunk highway right-of-way.

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioner must maintain bikeway design guidelines consistent with the
state transportation goals in section 174.01.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner must compile and maintain a map of bikeways in the state and
must publish and distribute the map's information at least once every two years in a form
and manner suitable to assist persons wishing to use the bikeways.

deleted text begin (d)deleted text endnew text begin (e) The commissioner is responsible to design and construct all bikeway projects
within the right-of-way of any trunk highway.
new text end The commissioner must maintain bikeways
within the limits of trunk highway right-of-way unless a written agreement or limited use
permit provides otherwise.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 160.262, subdivision 3, is amended
to read:


Subd. 3.

Cooperation among agencies and governments.

new text begin (a) The commissioner must
cooperate with road and trail authorities, including the commissioner of natural resources,
to identify, plan, design, and assist in development of bikeways throughout the state.
new text end

new text begin (b) new text endThe departments and agencies on the nonmotorized transportation advisory committee
identified in section 174.37 must provide information and advice for the bikeway design
guidelines maintained by the commissioner of transportation.

new text begin (c) new text endThe commissioner may cooperate with and enter into agreements with the United
States government, any department of the state of Minnesota, any unit of local government,
any tribal government, or any public or private corporation in order to effect the purposes
of this section.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 160.266, subdivision 3, is amended
to read:


Subd. 3.

Connections with other bikeways.

(a) The commissioner, in cooperation with
road and trail authorities including the commissioner of natural resources, must:

(1) identify existing bikeways of regional significance that are in reasonable proximity
but not connected to the state bicycle routes established under this section; and

(2) support development of linkagesnew text begin (i)new text end betweennew text begin state bicycle routes and bikeways under
the jurisdiction of other road and trail authorities, and (ii) among
new text end state bicycle routes
established under this section.

(b) The requirements of this subdivision are a secondary priority for use of funds available
under this section following establishment and enhancement of state bicycle routes under
this section.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 160.266, subdivision 5, is amended
to read:


Subd. 5.

Funding.

Shared use paths included within state bicycle routes and not
administered by the commissioner of natural resources are eligible for funding from the
environment and natural resources trust fund under chapter 116P, from the parks and trails
grant program under section 85.535, from the local recreation grants program under section
85.019, subdivision 4b,new text begin from the active transportation program under section 174.38,new text end and
from other sources.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 174.38, subdivision 5, is amended
to read:


Subd. 5.

Eligibility.

Eligible recipients of financial assistance under this section are:

(1) a political subdivision; deleted text beginand
deleted text end

(2) a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code, as
amendednew text begin; and
new text end

new text begin (3) the statenew text end.