1.1 A bill for an act
1.2 relating to transportation; governing various finance and policy provisions related
1.3 to active transportation; appropriating money; amending Minnesota Statutes 2022,
1.4 sections 123B.90, subdivision 2; 160.262, subdivision 3; 160.266, subdivisions
1.5 1b, as amended, 6, by adding a subdivision; 169.14, subdivision 5a, by adding a
1.6 subdivision; 169.18, subdivision 3; 169.222, subdivision 4, by adding a subdivision;
1.7 174.38, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters
1.8 123B; 174.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 ARTICLE 1
1.11 BILL DOOLEY BICYCLE SAFETY ACT
1.12 Section 1. TITLE.
1.13 This act may be cited as the "Bill Dooley Bicycle Safety Act."
1.14 ARTICLE 2
1.15 SCHOOL-RELATED ACTIVE TRANSPORTATION
1.16 Section 1. Minnesota Statutes 2022, section 123B.90, subdivision 2, is amended to read:
1.17 Subd. 2.Student training.(a) Each district must provide public school pupils enrolled
1.18in kindergarten through grade 10 with age-appropriate school bus safety training, as described
1.19in this section, of the following concepts:
1.20 (1) transportation by school bus is a privilege and not a right;
1.21 (2) district policies for student conduct and school bus safety;
1.22 (3) appropriate conduct while on the school bus;
1Article 2 Section 1.
23-02197 as introduced01/13/23 REVISOR KRB/NS
SENATE
STATE OF MINNESOTA
S.F. No. 912NINETY-THIRD SESSION
(SENATE AUTHORS: MORRISON, Dibble, Fateh and Port)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/30/2023
Referred to Transportation 2.1 (4) the danger zones surrounding a school bus;
2.2 (5) procedures for safely boarding and leaving a school bus;
2.3 (6) procedures for safe street or road crossing; and
2.4 (7) school bus evacuation.
2.5 (b) Each nonpublic school located within the district must provide all nonpublic school
2.6pupils enrolled in kindergarten through grade 10 who are transported by school bus at public
2.7expense and attend school within the district's boundaries with training as required in
2.8paragraph (a).
2.9 (c) Students enrolled in kindergarten through grade 6 who are transported by school bus
2.10and are enrolled during the first or second week of school must receive the school bus safety
2.11training competencies by the end of the third week of school. Students enrolled in grades
2.127 through 10 who are transported by school bus and are enrolled during the first or second
2.13week of school and have not previously received school bus safety training must receive
2.14the training or receive bus safety instructional materials by the end of the sixth week of
2.15school. Students taking driver's training instructional classes must receive training in the
2.16laws and proper procedures when operating a motor vehicle in the vicinity of a school bus
2.17as required by section 169.446, subdivisions 2 and 3. Students enrolled in kindergarten
2.18through grade 10 who enroll in a school after the second week of school and are transported
2.19by school bus and have not received training in their previous school district shall undergo
2.20school bus safety training or receive bus safety instructional materials within four weeks
2.21of the first day of attendance. Upon request of the superintendent of schools, the school
2.22transportation safety director in each district must certify to the superintendent that all
2.23students transported by school bus within the district have received the school bus safety
2.24training according to this section. Upon request of the superintendent of the school district
2.25where the nonpublic school is located, the principal or other chief administrator of each
2.26nonpublic school must certify to the school transportation safety director of the district in
2.27which the school is located that the school's students transported by school bus at public
2.28expense have received training according to this section.
2.29 (d) A district and a nonpublic school with students transported by school bus at public
2.30expense may provide kindergarten pupils with bus safety training before the first day of
2.31school.
2.32 (e) A district and a nonpublic school with students transported by school bus at public
2.33expense may also provide student safety education for bicycling and pedestrian safety, for
2.34students enrolled in kindergarten through grade 5.
2Article 2 Section 1.
23-02197 as introduced01/13/23 REVISOR KRB/NS 3.1 (f) (e) A district and a nonpublic school with students transported by school bus at public
3.2expense must make reasonable accommodations for the school bus safety training of pupils
3.3known to speak English as a second language and pupils with disabilities.
3.4 (g) (f) The district and a nonpublic school with students transported by school bus at
3.5public expense must provide students enrolled in kindergarten through grade 3 school bus
3.6safety training twice during the school year.
3.7 (h) (g) A district and a nonpublic school with students transported by school bus at public
3.8expense must conduct a school bus evacuation drill at least once during the school year.
3.9 EFFECTIVE DATE.This section is effective August 1, 2023.
3.10 Sec. 2. [123B.935] ACTIVE TRANSPORTATION SAFETY TRAINING.
3.11 Subdivision 1.Training required.(a) Each district must provide public school pupils
3.12enrolled in kindergarten through grade 3 with age-appropriate active transportation safety
3.13training. At a minimum, the training must include pedestrian safety, including crossing
3.14roads.
3.15 (b) Each district must provide public school pupils enrolled in grades 4 through 8 with
3.16age-appropriate active transportation safety training. At a minimum, the training must
3.17include:
3.18 (1) pedestrian safety, including crossing roads safely using the searching left, right, left
3.19for vehicles in traffic technique; and
3.20 (2) bicycle safety, including relevant traffic laws, use and proper fit of protective
3.21headgear, bicycle parts and safety features, and safe biking techniques.
3.22 (c) A nonpublic school may provide nonpublic school pupils enrolled in kindergarten
3.23through grade 8 with training as specified in paragraphs (a) and (b).
3.24 Subd. 2.Deadlines.(a) Students under subdivision 1, paragraph (a), who are enrolled
3.25during the first or second week of school and have not previously received active
3.26transportation safety training specified in that paragraph must receive the safety training by
3.27the end of the third week of school.
3.28 (b) Students under subdivision 1, paragraph (b), who are enrolled during the first or
3.29second week of school and have not previously received active transportation safety training
3.30specified in that paragraph must receive the safety training by the end of the sixth week of
3.31school.
3Article 2 Sec. 2.
23-02197 as introduced01/13/23 REVISOR KRB/NS 4.1 (c) Students under subdivision 1, paragraph (a) or (b), who enroll in a school after the
4.2second week of school and have not received the appropriate active transportation safety
4.3training in their previous school district must undergo the training or receive active
4.4transportation safety instructional materials within four weeks of the first day of attendance.
4.5 (d) A district and a nonpublic school may provide kindergarten pupils with active
4.6transportation safety training before the first day of school.
4.7 Subd. 3.Instruction.(a) A district may provide active transportation safety training
4.8through distance learning.
4.9 (b) A district and a nonpublic school must make reasonable accommodations for the
4.10active transportation safety training of pupils known to speak English as a second language
4.11and pupils with disabilities.
4.12 Subd. 4.Model program.The commissioner of transportation must maintain a
4.13comprehensive collection of active transportation safety training materials that meets the
4.14requirements under this section.
4.15 EFFECTIVE DATE.This section is effective August 1, 2023.
4.16 Sec. 3. Minnesota Statutes 2022, section 169.14, subdivision 5a, is amended to read:
4.17 Subd. 5a.Speed zoning in school zone; surcharge.(a) Each of the local authorities
4.18having jurisdiction over a street or highway within a school zone of a public or nonpublic
4.19school may establish a school speed limit on any street or highway within a that school zone
4.20of a public or nonpublic school, regardless of jurisdiction over the road. The school speed
4.21zone must be established upon the basis of an engineering and traffic investigation as
4.22prescribed by the commissioner of transportation. The establishment of a school speed limit
4.23on any trunk highway shall be with the consent of the commissioner of transportation. Such
4.24The school speed limits shall be are in effect when children are present, going to or leaving
4.25school during opening or closing hours or during school recess periods. The school speed
4.26limit shall must not be lower than 15 miles per hour and shall must not be more than 30
4.27miles per hour below the established speed limit on an affected street or highway.
4.28 (b) The school speed limit shall be is effective upon the erection of appropriate signs
4.29designating the speed and indicating the beginning and end of the reduced speed zone. Any
4.30speed in excess of such posted school speed limit is unlawful. All such The signs shall must
4.31be erected by the local authorities on those streets and highways under their respective
4.32jurisdictions and by the commissioner of transportation on trunk highways.
4Article 2 Sec. 3.
23-02197 as introduced01/13/23 REVISOR KRB/NS 5.1 (c) For the purpose of this subdivision, "school zone" means that section of a street or
5.2highway which abuts the grounds of a school where children have access to the street or
5.3highway from the school property or where an established school crossing is located provided
5.4the school advance sign prescribed by the Manual on Uniform Traffic Control Devices
5.5adopted by the commissioner of transportation pursuant to section 169.06 is in place. All
5.6signs erected by local authorities to designate speed limits in school zones shall must conform
5.7to the Manual on Uniform Traffic Control Devices.
5.8 (d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person
5.9who violates a speed limit established under this subdivision is assessed an additional
5.10surcharge equal to the amount of the fine imposed for the violation, but not less than $25.
5.11 EFFECTIVE DATE.This section is effective August 1, 2023.
5.12 Sec. 4. Minnesota Statutes 2022, section 169.14, is amended by adding a subdivision to
5.13read:
5.14 Subd. 5i.School-related speed limits.(a) A statutory or home rule charter city may
5.15establish speed limits other than the limits provided in subdivision 2 for any street or highway
5.16established within the city, regardless of jurisdiction over the road, on a street or highway
5.17segment that is:
5.18 (1) within two miles of a school speed zone; or
5.19 (2) designated by the city as part of a safe routes to school corridor.
5.20 (b) The school-related speed limit must not be lower than 20 miles per hour.
5.21 (c) A city that establishes a speed limit pursuant to this subdivision must implement
5.22speed limit changes in a consistent and understandable manner. The city must erect
5.23appropriate signs to display the speed limit.
5.24 EFFECTIVE DATE.This section is effective August 1, 2023.
5.25 ARTICLE 3
5.26 ACTIVE TRANSPORTATION POLICY
5.27 Section 1. Minnesota Statutes 2022, section 160.262, subdivision 3, is amended to read:
5.28 Subd. 3.Cooperation among agencies and governments.(a) The departments and
5.29agencies on the active transportation advisory committee identified in section 174.375 must
5.30provide information and advice for the bikeway design guidelines maintained by the
5.31commissioner.
5Article 3 Section 1.
23-02197 as introduced01/13/23 REVISOR KRB/NS 6.1 (b) The commissioner must provide technical assistance to local units of government
6.2in:
6.3 (1) local planning and development of bikeways;
6.4 (2) establishing connections to state bicycle routes; and
6.5 (3) implementing statewide bicycle plans maintained by the commissioner.
6.6 (c) The commissioner may cooperate with and enter into agreements with the United
6.7States government, any department of the state of Minnesota, any unit of local government,
6.8any tribal government, or any public or private corporation in order to effect the purposes
6.9of this section.
6.10 Sec. 2. Minnesota Statutes 2022, section 160.266, subdivision 1b, is amended to read:
6.11 Subd. 1b.State bicycle routes.The commissioner of transportation must identify state
6.12bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must
6.13be identified in cooperation with road and trail authorities, including the commissioner of
6.14natural resources and with the advice of the active transportation advisory committee under
6.15section 174.375. In a metropolitan area, state bicycle routes must be identified in coordination
6.16with the plans and priorities established by metropolitan planning organizations, as defined
6.17in United States Code, title 23, section 134.
6.18 Sec. 3. Minnesota Statutes 2022, section 160.266, subdivision 6, is amended to read:
6.19 Subd. 6.Mississippi River Trail.The Mississippi River Trail bikeway is designated as
6.20a state bicycle route. It must originate at Itasca State Park in Clearwater, Beltrami, and
6.21Hubbard Counties, then generally parallel the Mississippi River through the cities of Bemidji
6.22in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little
6.23Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County,
6.24Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County,
6.25Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County,
6.26and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminate.
6.27Where opportunities exist, the bikeway may be designated on both sides of the Mississippi
6.28River.
6Article 3 Sec. 3.
23-02197 as introduced01/13/23 REVISOR KRB/NS 7.1 Sec. 4. Minnesota Statutes 2022, section 160.266, is amended by adding a subdivision to
7.2read:
7.3 Subd. 7.Jim Oberstar Bikeway.The Jim Oberstar Bikeway is designated as a state
7.4bicycle route. It must originate in the city of St. Paul in Ramsey County, then proceed north
7.5and east to Duluth in St. Louis County, then proceed north and east along the shore of Lake
7.6Superior through Grand Marais in Cook County to Minnesota's boundary with Canada, and
7.7there terminate.
7.8 Sec. 5. Minnesota Statutes 2022, section 169.18, subdivision 3, is amended to read:
7.9 Subd. 3.Passing.The following rules shall govern the overtaking and passing of vehicles
7.10proceeding in the same direction, subject to the limitations, exceptions, and special rules
7.11hereinafter stated:
7.12 (1) (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction
7.13shall must pass to the left thereof of the other vehicle at a safe distance and shall not again
7.14drive is prohibited from returning to the right side of the roadway until safely clear of the
7.15overtaken vehicle;.
7.16 (2) (b) Except when overtaking and passing on the right is permitted, the driver of an
7.17overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on
7.18audible warning, and shall must not increase the speed of the overtaken vehicle until
7.19completely passed by the overtaking vehicle; and.
7.20 (3) (c) The operator of a motor vehicle overtaking a bicycle or individual proceeding in
7.21the same direction on the roadway shall leave or shoulder must:
7.22 (1) either:
7.23 (i) maintain a safe clearance distance while passing, but in no case less than which must
7.24be at least the greater of three feet clearance, when passing the bicycle or individual or
7.25one-half the width of the motor vehicle; or
7.26 (ii) completely enter another lane of the roadway while passing; and shall
7.27 (2) maintain clearance until the motor vehicle has safely past passed the overtaken bicycle
7.28or individual.
7.29 Sec. 6. Minnesota Statutes 2022, section 169.222, subdivision 4, is amended to read:
7.30 Subd. 4.Riding rules.(a) Every person operating a bicycle upon a roadway shall on a
7.31road must ride as close as practicable to the right-hand curb or edge of the roadway except
7Article 3 Sec. 6.
23-02197 as introduced01/13/23 REVISOR KRB/NS 8.1under any of the following situations road as the bicycle operator determines is safe. A
8.2person operating a bicycle is not required to ride as close to the right-hand curb or edge
8.3when:
8.4 (1) when overtaking and passing another vehicle proceeding in the same direction;
8.5 (2) when preparing for a left turn at an intersection or into a private road or driveway;
8.6 (3) when reasonably necessary to avoid conditions that make it unsafe to continue along
8.7the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals,
8.8surface hazards, or narrow width narrow-width lanes, that make it unsafe to continue along
8.9the right-hand curb or edge; or;
8.10 (4) when operating on the shoulder of a roadway or in a bicycle lane.; or
8.11 (5) operating in a right-hand turn lane before entering an intersection.
8.12 (b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall operator must
8.13travel in the same direction as adjacent vehicular traffic.
8.14 (c) Persons riding bicycles upon a roadway or shoulder shall must not ride more than
8.15two abreast and shall not impede the normal and reasonable movement of traffic and, on a
8.16laned roadway, shall ride within a single lane.
8.17 (d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
8.18crosswalk, shall must yield the right-of-way to any pedestrian and shall give an audible
8.19signal when necessary before overtaking and passing any pedestrian. No A person shall
8.20must not ride a bicycle upon a sidewalk within a business district unless permitted by local
8.21authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
8.22crosswalk under their jurisdiction.
8.23 (e) An individual operating a bicycle or other vehicle on a bikeway shall must (1) give
8.24an audible signal a safe distance prior to overtaking a bicycle or individual, (2) leave a safe
8.25clearance distance when overtaking a bicycle or individual proceeding in the same direction
8.26on the bikeway, and shall (3) maintain clearance until safely past the overtaken bicycle or
8.27individual.
8.28 (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
8.29intersection proceeding from the leftmost one-third of a dedicated right-hand turn lane
8.30without turning right.
8Article 3 Sec. 6.
23-02197 as introduced01/13/23 REVISOR KRB/NS 9.1 Sec. 7. Minnesota Statutes 2022, section 169.222, is amended by adding a subdivision to
9.2read:
9.3 Subd. 4a.Stopping requirements.(a) For purposes of this subdivision, "in the vicinity"
9.4means located in an intersection or approaching an intersection in a manner that constitutes
9.5a hazard of collision during the time that a bicycle operator would occupy the intersection.
9.6 (b) A bicycle operator who approaches a stop sign must slow to a speed that allows for
9.7stopping before entering the intersection or the nearest crosswalk. Notwithstanding
9.8subdivision 1 and section 169.06, subdivision 4, if there is not a vehicle in the vicinity, the
9.9operator may make a turn or proceed through the intersection without stopping.
9.10 (c) A bicycle operator who approaches a traffic-control signal with a steady red indication,
9.11including a circular red signal or red arrow signal, must slow to a speed that allows for
9.12stopping before entering the intersection or the nearest crosswalk. Notwithstanding
9.13subdivision 1 and section 169.06, subdivision 5, if there is not a vehicle in the vicinity, the
9.14operator:
9.15 (1) may make a right-hand turn, or a left-hand turn onto a one-way roadway, without
9.16stopping; and
9.17 (2) must otherwise perform a complete stop and then may make a turn or proceed through
9.18the intersection before the traffic-control signal indication changes to green.
9.19 (d) Nothing in this subdivision alters the right-of-way requirements under section 169.20.
9.20The provisions under this subdivision do not apply when traffic is controlled by a peace
9.21officer or a person authorized to control traffic under section 169.06.
9.22 Sec. 8. [174.375] ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
9.23 Subdivision 1.Committee established; duties.(a) The commissioner of transportation
9.24must establish an active transportation advisory committee. The advisory committee must
9.25make recommendations to the commissioner on items related to:
9.26 (1) active transportation, including safety, education, and development programs;
9.27 (2) the active transportation program under section 174.38; and
9.28 (3) the safe routes to school program under section 174.40.
9.29 (b) The committee must review and analyze issues and needs relating to active
9.30transportation on public rights-of-way and identify solutions and goals for addressing
9.31identified issues and needs.
9Article 3 Sec. 8.
23-02197 as introduced01/13/23 REVISOR KRB/NS 10.1 (c) For purposes of this section, "active transportation" includes bicycling, pedestrian
10.2activities, and other forms of nonmotorized transportation.
10.3 Subd. 2.Membership.(a) The advisory committee consists of the members specified
10.4in this subdivision.
10.5 (b) The commissioner of transportation must appoint up to 18 public members as follows:
10.6one member from each of the department's seven greater Minnesota districts; four members
10.7from the department's metropolitan district; and no more than seven members at large. Each
10.8of the members at large must represent nonmotorized interests or organizations.
10.9 (c) The commissioners of each of the following state agencies must appoint an employee
10.10of the agency to serve as a member: administration, education, health, natural resources,
10.11public safety, transportation, and pollution control. The chair of the Metropolitan Council
10.12must appoint an employee of the council to serve as a member. The director of Explore
10.13Minnesota Tourism must appoint an employee of the agency to serve as a member.
10.14 (d) The division administrator of the Federal Highway Administration may appoint an
10.15employee of the agency to serve as a member.
10.16 (e) Each member of the committee serves a four-year term at the pleasure of the
10.17appointing authority.
10.18 (f) The committee must select a chair from its membership.
10.19 Subd. 3.Meetings; staffing.(a) The advisory committee must establish a meeting
10.20schedule and meet at least annually.
10.21 (b) The commissioner of transportation must provide department staff support to the
10.22advisory committee.
10.23 Subd. 4.Expenses.(a) Members of the advisory committee serve without compensation,
10.24but members who are not employees of government agencies must be reimbursed for
10.25expenses in the same manner and amount as authorized by the commissioner's plan adopted
10.26under section 43A.18, subdivision 2.
10.27 (b) To provide compensation under paragraph (a), the commissioner of transportation
10.28may expend the amount necessary from general fund appropriations.
10.29 Subd. 5.Reports.The advisory committee must submit an annual report to the
10.30commissioner of transportation.
10.31 Subd. 6.Expiration.The advisory committee expires June 30, 2033.
10Article 3 Sec. 8.
23-02197 as introduced01/13/23 REVISOR KRB/NS 11.1 EFFECTIVE DATE.This section is effective the day following final enactment. The
11.2commissioner of transportation must convene the first meeting by October 15, 2023.
11.3 Sec. 9. Minnesota Statutes 2022, section 174.38, subdivision 6, is amended to read:
11.4 Subd. 6.Use of funds.(a) The commissioner must determine permissible uses of financial
11.5assistance under this section, which are limited to:
11.6 (1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
11.7but not limited to safe routes to school infrastructure and bicycle facilities and centers; and
11.8 (2) noninfrastructure programming, including activities as specified in section 174.40,
11.9subdivision 7a, paragraph (b).
11.10 (b) Of the amount made available in each fiscal year, the first $500,000 is for grants to
11.11develop, maintain, and implement active transportation safety curriculum for youth ages
11.12five to 14 years old, and if remaining funds are available, for (1) youth ages 15 to 17 years
11.13old, (2) adult active transportation safety programs, and (3) adult learn-to-ride programs.
11.14The curriculum must include resources for teachers and must meet the model training
11.15materials requirements under section 123B.935, subdivision 4.
11.16Sec. 10. EFFECTIVE DATE.
11.17 Unless otherwise specified, this article is effective August 1, 2023.
11.18 ARTICLE 4
11.19 APPROPRIATIONS
11.20Section 1. APPROPRIATION; SAFE ROUTES TO SCHOOL PROGRAM.
11.21 $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
11.22from the general fund to the commissioner of transportation for the safe routes to school
11.23program under Minnesota Statutes, section 174.40. $10,000,000 is added to the annual base
11.24for this activity.
11.25Sec. 2. APPROPRIATION; ACTIVE TRANSPORTATION PROGRAM.
11.26 $25,000,000 in fiscal year 2024 and $25,000,000 in fiscal year 2025 are appropriated
11.27from the general fund to the commissioner of transportation for the active transportation
11.28program under Minnesota Statutes, section 174.38. This appropriation is available until
11.29June 30, 2027. The annual base for this activity is $25,000,000.
11Article 4 Sec. 2.
23-02197 as introduced01/13/23 REVISOR KRB/NS