Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF912 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to transportation; governing various finance and policy provisions related
3	3		1.3 to active transportation; appropriating money; amending Minnesota Statutes 2022,
4	4		1.4 sections 123B.90, subdivision 2; 160.262, subdivision 3; 160.266, subdivisions
5		-	1.5 1b, 6, by adding a subdivision; 169.18, subdivision ~~3; 169.222, subdivision 4~~, by
6		-	1.6 adding a subdivision; ~~174.38, subdivision 6; proposing coding for new law in~~
7		-	1.7 Minnesota Statutes, chapters ~~123B; 174.~~
8		-	1.~~8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:~~
9		-	1.9 ~~ARTICLE 1~~
10		-	1.10 ~~BILL DOOLEY BICYCLE SAFETY ACT~~
11		-	1.11 ~~Section 1.~~ ~~TITLE.~~
12		-	1.12 ~~This act may be cited as the "Bill Dooley Bicycle Safety Act~~."
13		-	1.13 ~~ARTICLE 2~~
14		-	1.14 ~~SCHOOL-RELATED ACTIVE TRANSPORTATION~~
15		-	1.15 ~~Section 1.~~ ~~Minnesota Statutes 2022, section 123B.90, subdivision 2, is amended to read:~~
16		-	1.16 ~~Subd~~. 2~~.Student training.(a) Each district must provide public school pupils enrolled~~
17		-	1.~~17in kindergarten through grade 10 with age-appropriate~~ school ~~bus safety training, as described~~
18		-	1.18in ~~this section~~, ~~of the following concepts:~~
19		-	1.~~19 (1) transportation by school bus is a privilege and not a right;~~
20		-	1.20 (2) ~~district policies for student conduct and~~ school bus ~~safety~~;
21		-	1.21 (3) ~~appropriate~~ conduct ~~while on the~~ school bus;
22		-	1.22 (4) the ~~danger zones surrounding a~~ school bus;
	5	+	1.5 1b, as amended, 6, by adding a subdivision; 169.14, subdivision 5a, by adding a
	6	+	1.6 subdivision; 169.18, subdivision 3; 169.222, subdivision 4, by adding a subdivision;
	7	+	1.7 174.38, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters
	8	+	1.8 123B; 174.
	9	+	1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	10	+	1.10 ARTICLE 1
	11	+	1.11 BILL DOOLEY BICYCLE SAFETY ACT
	12	+	1.12 Section 1. TITLE.
	13	+	1.13 This act may be cited as the "Bill Dooley Bicycle Safety Act."
	14	+	1.14 ARTICLE 2
	15	+	1.15 SCHOOL-RELATED ACTIVE TRANSPORTATION
	16	+	1.16 Section 1. Minnesota Statutes 2022, section 123B.90, subdivision 2, is amended to read:
	17	+	1.17 Subd. 2.Student training.(a) Each district must provide public school pupils enrolled
	18	+	1.18in kindergarten through grade 10 with age-appropriate school bus safety training, as described
	19	+	1.19in this section, of the following concepts:
	20	+	1.20 (1) transportation by school bus is a privilege and not a right;
	21	+	1.21 (2) district policies for student conduct and school bus safety;
	22	+	1.22 (3) appropriate conduct while on the school bus;
23	23		1Article 2 Section 1.
24		-	~~S0912-1 1st Engrossment~~~~SF912~~ REVISOR KRB
	24	+	23-02197 as introduced01/13/23 REVISOR KRB/NS
25	25		SENATE
26	26		STATE OF MINNESOTA
27	27		S.F. No. 912NINETY-THIRD SESSION
28	28		(SENATE AUTHORS: MORRISON, Dibble, Fateh and Port)
29	29		OFFICIAL STATUSD-PGDATE
30		-	Introduction and first reading~~524~~01/30/2023
31		-	Referred to Transportation
32		-	~~Comm report: To pass as amended and re-refer to Education Policy02/13/2023~~ 2.1 (5) procedures for safely boarding and leaving a school bus;
33		-	2.2 (6) procedures for safe street or road crossing; and
34		-	2.3 (7) school bus evacuation.
35		-	2.4 (b) Each nonpublic school located within the district must provide all nonpublic school
36		-	2.~~5pupils~~ enrolled in kindergarten through grade 10 who are transported by school bus at public
37		-	2.~~6expense~~ and attend school within the district's boundaries with training as required in
38		-	2.~~7paragraph~~ (a).
39		-	2.8 (c) Students enrolled in kindergarten through grade 6 who are transported by school bus
40		-	2.~~9and~~ are enrolled during the first or second week of school must receive the school bus safety
41		-	2.~~10training~~ competencies by the end of the third week of school. Students enrolled in grades
42		-	2.~~117~~ through 10 who are transported by school bus and are enrolled during the first or second
43		-	2.~~12week~~ of school and have not previously received school bus safety training must receive
44		-	2.~~13the~~ training or receive bus safety instructional materials by the end of the sixth week of
45		-	2.~~14school~~. Students taking driver's training instructional classes must receive training in the
46		-	2.~~15laws~~ and proper procedures when operating a motor vehicle in the vicinity of a school bus
47		-	2.~~16as~~ required by section 169.446, subdivisions 2 and 3. Students enrolled in kindergarten
48		-	2.~~17through~~ grade 10 who enroll in a school after the second week of school and are transported
49		-	2.~~18by~~ school bus and have not received training in their previous school district shall undergo
50		-	2.~~19school~~ bus safety training or receive bus safety instructional materials within four weeks
51		-	2.~~20of~~ the first day of attendance. Upon request of the superintendent of schools, the school
52		-	2.~~21transportation~~ safety director in each district must certify to the superintendent that all
53		-	2.~~22students~~ transported by school bus within the district have received the school bus safety
54		-	2.~~23training~~ according to this section. Upon request of the superintendent of the school district
55		-	2.~~24where~~ the nonpublic school is located, the principal or other chief administrator of each
56		-	2.~~25nonpublic~~ school must certify to the school transportation safety director of the district in
57		-	2.~~26which~~ the school is located that the school's students transported by school bus at public
58		-	2.~~27expense~~ have received training according to this section.
59		-	2.28 (d) A district and a nonpublic school with students transported by school bus at public
60		-	2.~~29expense~~ may provide kindergarten pupils with bus safety training before the first day of
61		-	2.~~30school~~.
62		-	2.31 (e) A district and a nonpublic school with students transported by school bus at public
63		-	2.~~32expense~~ may also provide student safety education for bicycling and pedestrian safety, for
64		-	2.~~33students~~ enrolled in kindergarten through grade 5.
	30	+	Introduction and first reading01/30/2023
	31	+	Referred to Transportation 2.1 (4) the danger zones surrounding a school bus;
	32	+	2.2 (5) procedures for safely boarding and leaving a school bus;
	33	+	2.3 (6) procedures for safe street or road crossing; and
	34	+	2.4 (7) school bus evacuation.
	35	+	2.5 (b) Each nonpublic school located within the district must provide all nonpublic school
	36	+	2.6pupils enrolled in kindergarten through grade 10 who are transported by school bus at public
	37	+	2.7expense and attend school within the district's boundaries with training as required in
	38	+	2.8paragraph (a).
	39	+	2.9 (c) Students enrolled in kindergarten through grade 6 who are transported by school bus
	40	+	2.10and are enrolled during the first or second week of school must receive the school bus safety
	41	+	2.11training competencies by the end of the third week of school. Students enrolled in grades
	42	+	2.127 through 10 who are transported by school bus and are enrolled during the first or second
	43	+	2.13week of school and have not previously received school bus safety training must receive
	44	+	2.14the training or receive bus safety instructional materials by the end of the sixth week of
	45	+	2.15school. Students taking driver's training instructional classes must receive training in the
	46	+	2.16laws and proper procedures when operating a motor vehicle in the vicinity of a school bus
	47	+	2.17as required by section 169.446, subdivisions 2 and 3. Students enrolled in kindergarten
	48	+	2.18through grade 10 who enroll in a school after the second week of school and are transported
	49	+	2.19by school bus and have not received training in their previous school district shall undergo
	50	+	2.20school bus safety training or receive bus safety instructional materials within four weeks
	51	+	2.21of the first day of attendance. Upon request of the superintendent of schools, the school
	52	+	2.22transportation safety director in each district must certify to the superintendent that all
	53	+	2.23students transported by school bus within the district have received the school bus safety
	54	+	2.24training according to this section. Upon request of the superintendent of the school district
	55	+	2.25where the nonpublic school is located, the principal or other chief administrator of each
	56	+	2.26nonpublic school must certify to the school transportation safety director of the district in
	57	+	2.27which the school is located that the school's students transported by school bus at public
	58	+	2.28expense have received training according to this section.
	59	+	2.29 (d) A district and a nonpublic school with students transported by school bus at public
	60	+	2.30expense may provide kindergarten pupils with bus safety training before the first day of
	61	+	2.31school.
	62	+	2.32 (e) A district and a nonpublic school with students transported by school bus at public
	63	+	2.33expense may also provide student safety education for bicycling and pedestrian safety, for
	64	+	2.34students enrolled in kindergarten through grade 5.
65	65		2Article 2 Section 1.
66		-	~~S0912-1 1st Engrossment~~~~SF912~~ REVISOR KRB 3.1 (f) (e) A district and a nonpublic school with students transported by school bus at public
	66	+	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
67	67		3.2expense must make reasonable accommodations for the school bus safety training of pupils
68	68		3.3known to speak English as a second language and pupils with disabilities.
69	69		3.4 (g) (f) The district and a nonpublic school with students transported by school bus at
70	70		3.5public expense must provide students enrolled in kindergarten through grade 3 school bus
71	71		3.6safety training twice during the school year.
72	72		3.7 (h) (g) A district and a nonpublic school with students transported by school bus at public
73	73		3.8expense must conduct a school bus evacuation drill at least once during the school year.
74	74		3.9 EFFECTIVE DATE.This section is effective August 1, 2023.
75	75		3.10 Sec. 2. [123B.935] ACTIVE TRANSPORTATION SAFETY TRAINING.
76	76		3.11 Subdivision 1.Training required.(a) Each district must provide public school pupils
77	77		3.12enrolled in kindergarten through grade 3 with age-appropriate active transportation safety
78	78		3.13training. At a minimum, the training must include pedestrian safety, including crossing
79	79		3.14roads.
80	80		3.15 (b) Each district must provide public school pupils enrolled in grades 4 through 8 with
81	81		3.16age-appropriate active transportation safety training. At a minimum, the training must
82	82		3.17include:
83	83		3.18 (1) pedestrian safety, including crossing roads safely using the searching left, right, left
84	84		3.19for vehicles in traffic technique; and
85	85		3.20 (2) bicycle safety, including relevant traffic laws, use and proper fit of protective
86	86		3.21headgear, bicycle parts and safety features, and safe biking techniques.
87	87		3.22 (c) A nonpublic school may provide nonpublic school pupils enrolled in kindergarten
88	88		3.23through grade 8 with training as specified in paragraphs (a) and (b).
89	89		3.24 Subd. 2.Deadlines.(a) Students under subdivision 1, paragraph (a), who are enrolled
90	90		3.25during the first or second week of school and have not previously received active
91	91		3.26transportation safety training specified in that paragraph must receive the safety training by
92	92		3.27the end of the third week of school.
93	93		3.28 (b) Students under subdivision 1, paragraph (b), who are enrolled during the first or
94	94		3.29second week of school and have not previously received active transportation safety training
95	95		3.30specified in that paragraph must receive the safety training by the end of the sixth week of
96	96		3.31school.
97	97		3Article 2 Sec. 2.
98		-	~~S0912-1 1st Engrossment~~~~SF912~~ REVISOR KRB 4.1 (c) Students under subdivision 1, paragraph (a) or (b), who enroll in a school after the
	98	+	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
99	99		4.2second week of school and have not received the appropriate active transportation safety
100	100		4.3training in their previous school district must undergo the training or receive active
101	101		4.4transportation safety instructional materials within four weeks of the first day of attendance.
102	102		4.5 (d) A district and a nonpublic school may provide kindergarten pupils with active
103	103		4.6transportation safety training before the first day of school.
104	104		4.7 Subd. 3.Instruction.(a) A district may provide active transportation safety training
105	105		4.8through distance learning.
106	106		4.9 (b) A district and a nonpublic school must make reasonable accommodations for the
107	107		4.10active transportation safety training of pupils known to speak English as a second language
108	108		4.11and pupils with disabilities.
109	109		4.12 Subd. 4.Model program.The commissioner of transportation must maintain a
110	110		4.13comprehensive collection of active transportation safety training materials that meets the
111	111		4.14requirements under this section.
112	112		4.15 EFFECTIVE DATE.This section is effective August 1, 2023.
113		-	4.16 ARTICLE 3
114		-	4.17 ACTIVE TRANSPORTATION POLICY
115		-	4.18 Section 1. Minnesota Statutes 2022, section 160.262, subdivision 3, is amended to read:
116		-	4.19 Subd. 3.Cooperation among agencies and governments.(a) The departments and
117		-	4.20agencies on the active transportation advisory committee identified in section 174.375 must
118		-	4.21provide information and advice for the bikeway design guidelines maintained by the
119		-	4.22commissioner.
120		-	4.23 (b) The commissioner must provide technical assistance to local units of government
121		-	4.24in:
122		-	4.25 (1) local planning and development of bikeways;
123		-	4.26 (2) establishing connections to state bicycle routes; and
124		-	4.27 (3) implementing statewide bicycle plans maintained by the commissioner.
125		-	4.28 (c) The commissioner may cooperate with and enter into agreements with the United
126		-	4.29States government, any department of the state of Minnesota, any unit of local government,
127		-	4.30any tribal government, or any public or private corporation in order to effect the purposes
128		-	4.31of this section.
129		-	4Article 3 Section 1.
130		-	S0912-1 1st EngrossmentSF912 REVISOR KRB 5.1 Sec. 2. Minnesota Statutes 2022, section 160.266, subdivision 1b, is amended to read:
131		-	5.2 Subd. 1b.State bicycle routes.The commissioner of transportation must identify state
132		-	5.3bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must
133		-	5.4be identified in cooperation with road and trail authorities, including the commissioner of
134		-	5.5natural resources and with the advice of the active transportation advisory committee under
135		-	5.6section 174.375. In a metropolitan area, state bicycle routes must be identified in coordination
136		-	5.7with the plans and priorities established by metropolitan planning organizations, as defined
137		-	5.8in United States Code, title 23, section 134.
138		-	5.9 Sec. 3. Minnesota Statutes 2022, section 160.266, subdivision 6, is amended to read:
139		-	5.10 Subd. 6.Mississippi River Trail.The Mississippi River Trail bikeway is designated as
140		-	5.11a state bicycle route. It must originate at Itasca State Park in Clearwater, Beltrami, and
141		-	5.12Hubbard Counties, then generally parallel the Mississippi River through the cities of Bemidji
142		-	5.13in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little
143		-	5.14Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County,
144		-	5.15Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County,
145		-	5.16Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County,
146		-	5.17and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminate.
147		-	5.18Where opportunities exist, the bikeway may be designated on both sides of the Mississippi
148		-	5.19River.
149		-	5.20 Sec. 4. Minnesota Statutes 2022, section 160.266, is amended by adding a subdivision to
150		-	5.21read:
151		-	5.22 Subd. 7.Jim Oberstar Bikeway.The Jim Oberstar Bikeway is designated as a state
152		-	5.23bicycle route. It must originate in the city of St. Paul in Ramsey County, then proceed north
153		-	5.24and east to Duluth in St. Louis County, then proceed north and east along the shore of Lake
154		-	5.25Superior through Grand Marais in Cook County to Minnesota's boundary with Canada, and
155		-	5.26there terminate.
156		-	5.27 Sec. 5. Minnesota Statutes 2022, section 169.18, subdivision 3, is amended to read:
157		-	5.28 Subd. 3.Passing.The following rules shall govern the overtaking and passing of vehicles
158		-	5.29proceeding in the same direction, subject to the limitations, exceptions, and special rules
159		-	5.30hereinafter stated:
160		-	5.31 (1) (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction
161		-	5.32shall must pass to the left thereof of the other vehicle at a safe distance and shall not again
162		-	5Article 3 Sec. 5.
163		-	S0912-1 1st EngrossmentSF912 REVISOR KRB 6.1drive is prohibited from returning to the right side of the roadway until safely clear of the
164		-	6.2overtaken vehicle;.
165		-	6.3 (2) (b) Except when overtaking and passing on the right is permitted, the driver of an
166		-	6.4overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on
167		-	6.5audible warning, and shall must not increase the speed of the overtaken vehicle until
168		-	6.6completely passed by the overtaking vehicle; and.
169		-	6.7 (3) (c) The operator of a motor vehicle overtaking a bicycle or individual proceeding in
170		-	6.8the same direction on the roadway shall leave or shoulder must:
171		-	6.9 (1) either:
172		-	6.10 (i) maintain a safe clearance distance while passing, but in no case less than which must
173		-	6.11be at least the greater of three feet clearance, when passing the bicycle or individual or
174		-	6.12one-half the width of the motor vehicle; or
175		-	6.13 (ii) completely enter another lane of the roadway while passing; and shall
176		-	6.14 (2) maintain clearance until the motor vehicle has safely past passed the overtaken bicycle
177		-	6.15or individual.
178		-	6.16 Sec. 6. Minnesota Statutes 2022, section 169.222, subdivision 4, is amended to read:
179		-	6.17 Subd. 4.Riding rules.(a) Every person operating a bicycle upon a roadway shall on a
180		-	6.18road must ride as close as practicable to the right-hand curb or edge of the roadway except
181		-	6.19under any of the following situations road as the bicycle operator determines is safe. A
182		-	6.20person operating a bicycle is not required to ride as close to the right-hand curb or edge
183		-	6.21when:
184		-	6.22 (1) when overtaking and passing another vehicle proceeding in the same direction;
185		-	6.23 (2) when preparing for a left turn at an intersection or into a private road or driveway;
186		-	6.24 (3) when reasonably necessary to avoid conditions that make it unsafe to continue along
187		-	6.25the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals,
188		-	6.26surface hazards, or narrow width narrow-width lanes, that make it unsafe to continue along
189		-	6.27the right-hand curb or edge; or;
190		-	6.28 (4) when operating on the shoulder of a roadway or in a bicycle lane.; or
191		-	6.29 (5) operating in a right-hand turn lane before entering an intersection.
192		-	6.30 (b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall operator must
193		-	6.31travel in the same direction as adjacent vehicular traffic.
194		-	6Article 3 Sec. 6.
195		-	S0912-1 1st EngrossmentSF912 REVISOR KRB 7.1 (c) Persons riding bicycles upon a roadway or shoulder shall must not ride more than
196		-	7.2two abreast and shall not impede the normal and reasonable movement of traffic and, on a
197		-	7.3laned roadway, shall ride within a single lane.
198		-	7.4 (d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
199		-	7.5crosswalk, shall must yield the right-of-way to any pedestrian and shall give an audible
200		-	7.6signal when necessary before overtaking and passing any pedestrian. No A person shall
201		-	7.7must not ride a bicycle upon a sidewalk within a business district unless permitted by local
202		-	7.8authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
203		-	7.9crosswalk under their jurisdiction.
204		-	7.10 (e) An individual operating a bicycle or other vehicle on a bikeway shall must (1) give
205		-	7.11an audible signal a safe distance prior to overtaking a bicycle or individual, (2) leave a safe
206		-	7.12clearance distance when overtaking a bicycle or individual proceeding in the same direction
207		-	7.13on the bikeway, and shall (3) maintain clearance until safely past the overtaken bicycle or
208		-	7.14individual.
209		-	7.15 (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
210		-	7.16intersection proceeding from the leftmost one-third of a dedicated right-hand turn lane
211		-	7.17without turning right.
212		-	7.18 Sec. 7. Minnesota Statutes 2022, section 169.222, is amended by adding a subdivision to
213		-	7.19read:
214		-	7.20 Subd. 4a.Stopping requirements.(a) For purposes of this subdivision, "in the vicinity"
215		-	7.21means located in an intersection or approaching an intersection in a manner that constitutes
216		-	7.22a hazard of collision during the time that a bicycle operator would occupy the intersection.
217		-	7.23 (b) A bicycle operator who approaches a stop sign must slow to a speed that allows for
218		-	7.24stopping before entering the intersection or the nearest crosswalk. Notwithstanding
219		-	7.25subdivision 1 and section 169.06, subdivision 4, if there is not a vehicle in the vicinity, the
220		-	7.26operator may make a turn or proceed through the intersection without stopping.
221		-	7.27 (c) A bicycle operator who approaches a traffic-control signal with a steady red indication,
222		-	7.28including a circular red signal or red arrow signal, must slow to a speed that allows for
223		-	7.29stopping before entering the intersection or the nearest crosswalk. Notwithstanding
224		-	7.30subdivision 1 and section 169.06, subdivision 5, if there is not a vehicle in the vicinity, the
225		-	7.31operator:
226		-	7.32 (1) may make a right-hand turn, or a left-hand turn onto a one-way roadway, without
227		-	7.33stopping; and
228		-	7Article 3 Sec. 7.
229		-	S0912-1 1st EngrossmentSF912 REVISOR KRB 8.1 (2) must otherwise perform a complete stop and then may make a turn or proceed through
230		-	8.2the intersection before the traffic-control signal indication changes to green.
231		-	8.3 (d) Nothing in this subdivision alters the right-of-way requirements under section 169.20.
232		-	8.4The provisions under this subdivision do not apply when traffic is controlled by a peace
233		-	8.5officer or a person authorized to control traffic under section 169.06.
234		-	8.6 Sec. 8. [174.375] ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
235		-	8.7 Subdivision 1.Committee established; duties.(a) The commissioner of transportation
236		-	8.8must establish an active transportation advisory committee. The advisory committee must
237		-	8.9make recommendations to the commissioner on items related to:
238		-	8.10 (1) active transportation, including safety, education, and development programs;
239		-	8.11 (2) the active transportation program under section 174.38; and
240		-	8.12 (3) the safe routes to school program under section 174.40.
241		-	8.13 (b) The committee must review and analyze issues and needs relating to active
242		-	8.14transportation on public rights-of-way and identify solutions and goals for addressing
243		-	8.15identified issues and needs.
244		-	8.16 (c) For purposes of this section, "active transportation" includes bicycling, pedestrian
245		-	8.17activities, and other forms of nonmotorized transportation.
246		-	8.18 Subd. 2.Membership.(a) The advisory committee consists of the members specified
247		-	8.19in this subdivision.
248		-	8.20 (b) The commissioner of transportation must appoint up to 18 public members as follows:
249		-	8.21one member from each of the department's seven greater Minnesota districts; four members
250		-	8.22from the department's metropolitan district; and no more than seven members at large. Each
251		-	8.23of the members at large must represent nonmotorized interests or organizations.
252		-	8.24 (c) The commissioners of each of the following state agencies must appoint an employee
253		-	8.25of the agency to serve as a member: administration, education, health, natural resources,
254		-	8.26public safety, transportation, and pollution control. The chair of the Metropolitan Council
255		-	8.27must appoint an employee of the council to serve as a member. The director of Explore
256		-	8.28Minnesota Tourism must appoint an employee of the agency to serve as a member.
257		-	8.29 (d) The division administrator of the Federal Highway Administration may appoint an
258		-	8.30employee of the agency to serve as a member.
259		-	8Article 3 Sec. 8.
260		-	S0912-1 1st EngrossmentSF912 REVISOR KRB 9.1 (e) Each member of the committee serves a four-year term at the pleasure of the
261		-	9.2appointing authority.
262		-	9.3 (f) The committee must select a chair from its membership.
263		-	9.4 Subd. 3.Meetings; staffing.(a) The advisory committee must establish a meeting
264		-	9.5schedule and meet at least annually.
265		-	9.6 (b) The commissioner of transportation must provide department staff support to the
266		-	9.7advisory committee.
267		-	9.8 Subd. 4.Expenses.(a) Members of the advisory committee serve without compensation,
268		-	9.9but members who are not employees of government agencies must be reimbursed for
269		-	9.10expenses in the same manner and amount as authorized by the commissioner's plan adopted
270		-	9.11under section 43A.18, subdivision 2.
271		-	9.12 (b) To provide compensation under paragraph (a), the commissioner of transportation
272		-	9.13may expend the amount necessary from general fund appropriations.
273		-	9.14 Subd. 5.Reports.The advisory committee must submit an annual report to the
274		-	9.15commissioner of transportation.
275		-	9.16 Subd. 6.Expiration.The advisory committee expires June 30, 2033.
276		-	9.17 EFFECTIVE DATE.This section is effective the day following final enactment. The
277		-	9.18commissioner of transportation must convene the first meeting by October 15, 2023.
278		-	9.19 Sec. 9. Minnesota Statutes 2022, section 174.38, subdivision 6, is amended to read:
279		-	9.20 Subd. 6.Use of funds.(a) The commissioner must determine permissible uses of financial
280		-	9.21assistance under this section, which are limited to:
281		-	9.22 (1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
282		-	9.23but not limited to safe routes to school infrastructure and bicycle facilities and centers; and
283		-	9.24 (2) noninfrastructure programming, including activities as specified in section 174.40,
284		-	9.25subdivision 7a, paragraph (b).
285		-	9.26 (b) Of the amount made available in each fiscal year, the first $500,000 is for grants to
286		-	9.27develop, maintain, and implement active transportation safety curriculum for youth ages
287		-	9.28five to 14 years old, and if remaining funds are available, for (1) youth ages 15 to 17 years
288		-	9.29old, (2) adult active transportation safety programs, and (3) adult learn-to-ride programs.
289		-	9.30The curriculum must include resources for teachers and must meet the model training
290		-	9.31materials requirements under section 123B.935, subdivision 4.
291		-	9Article 3 Sec. 9.
292		-	S0912-1 1st EngrossmentSF912 REVISOR KRB 10.1 Sec. 10. EFFECTIVE DATE.
293		-	10.2 Unless otherwise specified, this article is effective August 1, 2023.
294		-	10.3 ARTICLE 4
295		-	10.4 APPROPRIATIONS
296		-	10.5 Section 1. APPROPRIATION; SAFE ROUTES TO SCHOOL PROGRAM.
297		-	10.6 $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
298		-	10.7from the general fund to the commissioner of transportation for the safe routes to school
299		-	10.8program under Minnesota Statutes, section 174.40.
300		-	10.9 Sec. 2. APPROPRIATION; ACTIVE TRANSPORTATION PROGRAM.
301		-	10.10 $25,000,000 in fiscal year 2024 and $25,000,000 in fiscal year 2025 are appropriated
302		-	10.11from the general fund to the commissioner of transportation for the active transportation
303		-	10.12program under Minnesota Statutes, section 174.38. Notwithstanding Minnesota Statutes,
304		-	10.13section 16A.28, this appropriation is available for three years after the year of the
305		-	10.14appropriation.
306		-	10Article 4 Sec. 2.
307		-	S0912-1 1st EngrossmentSF912 REVISOR KRB
	113	+	4.16 Sec. 3. Minnesota Statutes 2022, section 169.14, subdivision 5a, is amended to read:
	114	+	4.17 Subd. 5a.Speed zoning in school zone; surcharge.(a) Each of the local authorities
	115	+	4.18having jurisdiction over a street or highway within a school zone of a public or nonpublic
	116	+	4.19school may establish a school speed limit on any street or highway within a that school zone
	117	+	4.20of a public or nonpublic school, regardless of jurisdiction over the road. The school speed
	118	+	4.21zone must be established upon the basis of an engineering and traffic investigation as
	119	+	4.22prescribed by the commissioner of transportation. The establishment of a school speed limit
	120	+	4.23on any trunk highway shall be with the consent of the commissioner of transportation. Such
	121	+	4.24The school speed limits shall be are in effect when children are present, going to or leaving
	122	+	4.25school during opening or closing hours or during school recess periods. The school speed
	123	+	4.26limit shall must not be lower than 15 miles per hour and shall must not be more than 30
	124	+	4.27miles per hour below the established speed limit on an affected street or highway.
	125	+	4.28 (b) The school speed limit shall be is effective upon the erection of appropriate signs
	126	+	4.29designating the speed and indicating the beginning and end of the reduced speed zone. Any
	127	+	4.30speed in excess of such posted school speed limit is unlawful. All such The signs shall must
	128	+	4.31be erected by the local authorities on those streets and highways under their respective
	129	+	4.32jurisdictions and by the commissioner of transportation on trunk highways.
	130	+	4Article 2 Sec. 3.
	131	+	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
	132	+	5.2highway which abuts the grounds of a school where children have access to the street or
	133	+	5.3highway from the school property or where an established school crossing is located provided
	134	+	5.4the school advance sign prescribed by the Manual on Uniform Traffic Control Devices
	135	+	5.5adopted by the commissioner of transportation pursuant to section 169.06 is in place. All
	136	+	5.6signs erected by local authorities to designate speed limits in school zones shall must conform
	137	+	5.7to the Manual on Uniform Traffic Control Devices.
	138	+	5.8 (d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person
	139	+	5.9who violates a speed limit established under this subdivision is assessed an additional
	140	+	5.10surcharge equal to the amount of the fine imposed for the violation, but not less than $25.
	141	+	5.11 EFFECTIVE DATE.This section is effective August 1, 2023.
	142	+	5.12 Sec. 4. Minnesota Statutes 2022, section 169.14, is amended by adding a subdivision to
	143	+	5.13read:
	144	+	5.14 Subd. 5i.School-related speed limits.(a) A statutory or home rule charter city may
	145	+	5.15establish speed limits other than the limits provided in subdivision 2 for any street or highway
	146	+	5.16established within the city, regardless of jurisdiction over the road, on a street or highway
	147	+	5.17segment that is:
	148	+	5.18 (1) within two miles of a school speed zone; or
	149	+	5.19 (2) designated by the city as part of a safe routes to school corridor.
	150	+	5.20 (b) The school-related speed limit must not be lower than 20 miles per hour.
	151	+	5.21 (c) A city that establishes a speed limit pursuant to this subdivision must implement
	152	+	5.22speed limit changes in a consistent and understandable manner. The city must erect
	153	+	5.23appropriate signs to display the speed limit.
	154	+	5.24 EFFECTIVE DATE.This section is effective August 1, 2023.
	155	+	5.25 ARTICLE 3
	156	+	5.26 ACTIVE TRANSPORTATION POLICY
	157	+	5.27 Section 1. Minnesota Statutes 2022, section 160.262, subdivision 3, is amended to read:
	158	+	5.28 Subd. 3.Cooperation among agencies and governments.(a) The departments and
	159	+	5.29agencies on the active transportation advisory committee identified in section 174.375 must
	160	+	5.30provide information and advice for the bikeway design guidelines maintained by the
	161	+	5.31commissioner.
	162	+	5Article 3 Section 1.
	163	+	23-02197 as introduced01/13/23 REVISOR KRB/NS 6.1 (b) The commissioner must provide technical assistance to local units of government
	164	+	6.2in:
	165	+	6.3 (1) local planning and development of bikeways;
	166	+	6.4 (2) establishing connections to state bicycle routes; and
	167	+	6.5 (3) implementing statewide bicycle plans maintained by the commissioner.
	168	+	6.6 (c) The commissioner may cooperate with and enter into agreements with the United
	169	+	6.7States government, any department of the state of Minnesota, any unit of local government,
	170	+	6.8any tribal government, or any public or private corporation in order to effect the purposes
	171	+	6.9of this section.
	172	+	6.10 Sec. 2. Minnesota Statutes 2022, section 160.266, subdivision 1b, is amended to read:
	173	+	6.11 Subd. 1b.State bicycle routes.The commissioner of transportation must identify state
	174	+	6.12bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must
	175	+	6.13be identified in cooperation with road and trail authorities, including the commissioner of
	176	+	6.14natural resources and with the advice of the active transportation advisory committee under
	177	+	6.15section 174.375. In a metropolitan area, state bicycle routes must be identified in coordination
	178	+	6.16with the plans and priorities established by metropolitan planning organizations, as defined
	179	+	6.17in United States Code, title 23, section 134.
	180	+	6.18 Sec. 3. Minnesota Statutes 2022, section 160.266, subdivision 6, is amended to read:
	181	+	6.19 Subd. 6.Mississippi River Trail.The Mississippi River Trail bikeway is designated as
	182	+	6.20a state bicycle route. It must originate at Itasca State Park in Clearwater, Beltrami, and
	183	+	6.21Hubbard Counties, then generally parallel the Mississippi River through the cities of Bemidji
	184	+	6.22in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little
	185	+	6.23Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County,
	186	+	6.24Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County,
	187	+	6.25Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County,
	188	+	6.26and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminate.
	189	+	6.27Where opportunities exist, the bikeway may be designated on both sides of the Mississippi
	190	+	6.28River.
	191	+	6Article 3 Sec. 3.
	192	+	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
	193	+	7.2read:
	194	+	7.3 Subd. 7.Jim Oberstar Bikeway.The Jim Oberstar Bikeway is designated as a state
	195	+	7.4bicycle route. It must originate in the city of St. Paul in Ramsey County, then proceed north
	196	+	7.5and east to Duluth in St. Louis County, then proceed north and east along the shore of Lake
	197	+	7.6Superior through Grand Marais in Cook County to Minnesota's boundary with Canada, and
	198	+	7.7there terminate.
	199	+	7.8 Sec. 5. Minnesota Statutes 2022, section 169.18, subdivision 3, is amended to read:
	200	+	7.9 Subd. 3.Passing.The following rules shall govern the overtaking and passing of vehicles
	201	+	7.10proceeding in the same direction, subject to the limitations, exceptions, and special rules
	202	+	7.11hereinafter stated:
	203	+	7.12 (1) (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction
	204	+	7.13shall must pass to the left thereof of the other vehicle at a safe distance and shall not again
	205	+	7.14drive is prohibited from returning to the right side of the roadway until safely clear of the
	206	+	7.15overtaken vehicle;.
	207	+	7.16 (2) (b) Except when overtaking and passing on the right is permitted, the driver of an
	208	+	7.17overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on
	209	+	7.18audible warning, and shall must not increase the speed of the overtaken vehicle until
	210	+	7.19completely passed by the overtaking vehicle; and.
	211	+	7.20 (3) (c) The operator of a motor vehicle overtaking a bicycle or individual proceeding in
	212	+	7.21the same direction on the roadway shall leave or shoulder must:
	213	+	7.22 (1) either:
	214	+	7.23 (i) maintain a safe clearance distance while passing, but in no case less than which must
	215	+	7.24be at least the greater of three feet clearance, when passing the bicycle or individual or
	216	+	7.25one-half the width of the motor vehicle; or
	217	+	7.26 (ii) completely enter another lane of the roadway while passing; and shall
	218	+	7.27 (2) maintain clearance until the motor vehicle has safely past passed the overtaken bicycle
	219	+	7.28or individual.
	220	+	7.29 Sec. 6. Minnesota Statutes 2022, section 169.222, subdivision 4, is amended to read:
	221	+	7.30 Subd. 4.Riding rules.(a) Every person operating a bicycle upon a roadway shall on a
	222	+	7.31road must ride as close as practicable to the right-hand curb or edge of the roadway except
	223	+	7Article 3 Sec. 6.
	224	+	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
	225	+	8.2person operating a bicycle is not required to ride as close to the right-hand curb or edge
	226	+	8.3when:
	227	+	8.4 (1) when overtaking and passing another vehicle proceeding in the same direction;
	228	+	8.5 (2) when preparing for a left turn at an intersection or into a private road or driveway;
	229	+	8.6 (3) when reasonably necessary to avoid conditions that make it unsafe to continue along
	230	+	8.7the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals,
	231	+	8.8surface hazards, or narrow width narrow-width lanes, that make it unsafe to continue along
	232	+	8.9the right-hand curb or edge; or;
	233	+	8.10 (4) when operating on the shoulder of a roadway or in a bicycle lane.; or
	234	+	8.11 (5) operating in a right-hand turn lane before entering an intersection.
	235	+	8.12 (b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall operator must
	236	+	8.13travel in the same direction as adjacent vehicular traffic.
	237	+	8.14 (c) Persons riding bicycles upon a roadway or shoulder shall must not ride more than
	238	+	8.15two abreast and shall not impede the normal and reasonable movement of traffic and, on a
	239	+	8.16laned roadway, shall ride within a single lane.
	240	+	8.17 (d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
	241	+	8.18crosswalk, shall must yield the right-of-way to any pedestrian and shall give an audible
	242	+	8.19signal when necessary before overtaking and passing any pedestrian. No A person shall
	243	+	8.20must not ride a bicycle upon a sidewalk within a business district unless permitted by local
	244	+	8.21authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
	245	+	8.22crosswalk under their jurisdiction.
	246	+	8.23 (e) An individual operating a bicycle or other vehicle on a bikeway shall must (1) give
	247	+	8.24an audible signal a safe distance prior to overtaking a bicycle or individual, (2) leave a safe
	248	+	8.25clearance distance when overtaking a bicycle or individual proceeding in the same direction
	249	+	8.26on the bikeway, and shall (3) maintain clearance until safely past the overtaken bicycle or
	250	+	8.27individual.
	251	+	8.28 (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
	252	+	8.29intersection proceeding from the leftmost one-third of a dedicated right-hand turn lane
	253	+	8.30without turning right.
	254	+	8Article 3 Sec. 6.
	255	+	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
	256	+	9.2read:
	257	+	9.3 Subd. 4a.Stopping requirements.(a) For purposes of this subdivision, "in the vicinity"
	258	+	9.4means located in an intersection or approaching an intersection in a manner that constitutes
	259	+	9.5a hazard of collision during the time that a bicycle operator would occupy the intersection.
	260	+	9.6 (b) A bicycle operator who approaches a stop sign must slow to a speed that allows for
	261	+	9.7stopping before entering the intersection or the nearest crosswalk. Notwithstanding
	262	+	9.8subdivision 1 and section 169.06, subdivision 4, if there is not a vehicle in the vicinity, the
	263	+	9.9operator may make a turn or proceed through the intersection without stopping.
	264	+	9.10 (c) A bicycle operator who approaches a traffic-control signal with a steady red indication,
	265	+	9.11including a circular red signal or red arrow signal, must slow to a speed that allows for
	266	+	9.12stopping before entering the intersection or the nearest crosswalk. Notwithstanding
	267	+	9.13subdivision 1 and section 169.06, subdivision 5, if there is not a vehicle in the vicinity, the
	268	+	9.14operator:
	269	+	9.15 (1) may make a right-hand turn, or a left-hand turn onto a one-way roadway, without
	270	+	9.16stopping; and
	271	+	9.17 (2) must otherwise perform a complete stop and then may make a turn or proceed through
	272	+	9.18the intersection before the traffic-control signal indication changes to green.
	273	+	9.19 (d) Nothing in this subdivision alters the right-of-way requirements under section 169.20.
	274	+	9.20The provisions under this subdivision do not apply when traffic is controlled by a peace
	275	+	9.21officer or a person authorized to control traffic under section 169.06.
	276	+	9.22 Sec. 8. [174.375] ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
	277	+	9.23 Subdivision 1.Committee established; duties.(a) The commissioner of transportation
	278	+	9.24must establish an active transportation advisory committee. The advisory committee must
	279	+	9.25make recommendations to the commissioner on items related to:
	280	+	9.26 (1) active transportation, including safety, education, and development programs;
	281	+	9.27 (2) the active transportation program under section 174.38; and
	282	+	9.28 (3) the safe routes to school program under section 174.40.
	283	+	9.29 (b) The committee must review and analyze issues and needs relating to active
	284	+	9.30transportation on public rights-of-way and identify solutions and goals for addressing
	285	+	9.31identified issues and needs.
	286	+	9Article 3 Sec. 8.
	287	+	23-02197 as introduced01/13/23 REVISOR KRB/NS 10.1 (c) For purposes of this section, "active transportation" includes bicycling, pedestrian
	288	+	10.2activities, and other forms of nonmotorized transportation.
	289	+	10.3 Subd. 2.Membership.(a) The advisory committee consists of the members specified
	290	+	10.4in this subdivision.
	291	+	10.5 (b) The commissioner of transportation must appoint up to 18 public members as follows:
	292	+	10.6one member from each of the department's seven greater Minnesota districts; four members
	293	+	10.7from the department's metropolitan district; and no more than seven members at large. Each
	294	+	10.8of the members at large must represent nonmotorized interests or organizations.
	295	+	10.9 (c) The commissioners of each of the following state agencies must appoint an employee
	296	+	10.10of the agency to serve as a member: administration, education, health, natural resources,
	297	+	10.11public safety, transportation, and pollution control. The chair of the Metropolitan Council
	298	+	10.12must appoint an employee of the council to serve as a member. The director of Explore
	299	+	10.13Minnesota Tourism must appoint an employee of the agency to serve as a member.
	300	+	10.14 (d) The division administrator of the Federal Highway Administration may appoint an
	301	+	10.15employee of the agency to serve as a member.
	302	+	10.16 (e) Each member of the committee serves a four-year term at the pleasure of the
	303	+	10.17appointing authority.
	304	+	10.18 (f) The committee must select a chair from its membership.
	305	+	10.19 Subd. 3.Meetings; staffing.(a) The advisory committee must establish a meeting
	306	+	10.20schedule and meet at least annually.
	307	+	10.21 (b) The commissioner of transportation must provide department staff support to the
	308	+	10.22advisory committee.
	309	+	10.23 Subd. 4.Expenses.(a) Members of the advisory committee serve without compensation,
	310	+	10.24but members who are not employees of government agencies must be reimbursed for
	311	+	10.25expenses in the same manner and amount as authorized by the commissioner's plan adopted
	312	+	10.26under section 43A.18, subdivision 2.
	313	+	10.27 (b) To provide compensation under paragraph (a), the commissioner of transportation
	314	+	10.28may expend the amount necessary from general fund appropriations.
	315	+	10.29 Subd. 5.Reports.The advisory committee must submit an annual report to the
	316	+	10.30commissioner of transportation.
	317	+	10.31 Subd. 6.Expiration.The advisory committee expires June 30, 2033.
	318	+	10Article 3 Sec. 8.
	319	+	23-02197 as introduced01/13/23 REVISOR KRB/NS 11.1 EFFECTIVE DATE.This section is effective the day following final enactment. The
	320	+	11.2commissioner of transportation must convene the first meeting by October 15, 2023.
	321	+	11.3 Sec. 9. Minnesota Statutes 2022, section 174.38, subdivision 6, is amended to read:
	322	+	11.4 Subd. 6.Use of funds.(a) The commissioner must determine permissible uses of financial
	323	+	11.5assistance under this section, which are limited to:
	324	+	11.6 (1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
	325	+	11.7but not limited to safe routes to school infrastructure and bicycle facilities and centers; and
	326	+	11.8 (2) noninfrastructure programming, including activities as specified in section 174.40,
	327	+	11.9subdivision 7a, paragraph (b).
	328	+	11.10 (b) Of the amount made available in each fiscal year, the first $500,000 is for grants to
	329	+	11.11develop, maintain, and implement active transportation safety curriculum for youth ages
	330	+	11.12five to 14 years old, and if remaining funds are available, for (1) youth ages 15 to 17 years
	331	+	11.13old, (2) adult active transportation safety programs, and (3) adult learn-to-ride programs.
	332	+	11.14The curriculum must include resources for teachers and must meet the model training
	333	+	11.15materials requirements under section 123B.935, subdivision 4.
	334	+	11.16Sec. 10. EFFECTIVE DATE.
	335	+	11.17 Unless otherwise specified, this article is effective August 1, 2023.
	336	+	11.18 ARTICLE 4
	337	+	11.19 APPROPRIATIONS
	338	+	11.20Section 1. APPROPRIATION; SAFE ROUTES TO SCHOOL PROGRAM.
	339	+	11.21 $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
	340	+	11.22from the general fund to the commissioner of transportation for the safe routes to school
	341	+	11.23program under Minnesota Statutes, section 174.40. $10,000,000 is added to the annual base
	342	+	11.24for this activity.
	343	+	11.25Sec. 2. APPROPRIATION; ACTIVE TRANSPORTATION PROGRAM.
	344	+	11.26 $25,000,000 in fiscal year 2024 and $25,000,000 in fiscal year 2025 are appropriated
	345	+	11.27from the general fund to the commissioner of transportation for the active transportation
	346	+	11.28program under Minnesota Statutes, section 174.38. This appropriation is available until
	347	+	11.29June 30, 2027. The annual base for this activity is $25,000,000.
	348	+	11Article 4 Sec. 2.
	349	+	23-02197 as introduced01/13/23 REVISOR KRB/NS