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, 6, by adding a subdivision; 169.18, subdivision 3; 169.222, subdivision 4, by
1.6 adding a subdivision; 174.38, subdivision 6; proposing coding for new law in
1.7 Minnesota Statutes, chapters 123B; 174.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 ARTICLE 1
1.10 BILL DOOLEY BICYCLE SAFETY ACT
1.11 Section 1. TITLE.
1.12 This act may be cited as the "Bill Dooley Bicycle Safety Act."
1.13 ARTICLE 2
1.14 SCHOOL-RELATED ACTIVE TRANSPORTATION
1.15 Section 1. Minnesota Statutes 2022, section 123B.90, subdivision 2, is amended to read:
1.16 Subd. 2.Student training.(a) Each district must provide public school pupils enrolled
1.17in kindergarten through grade 10 with age-appropriate school bus safety training, as described
1.18in this section, of the following concepts:
1.19 (1) transportation by school bus is a privilege and not a right;
1.20 (2) district policies for student conduct and school bus safety;
1.21 (3) appropriate conduct while on the school bus;
1.22 (4) the danger zones surrounding a school bus;
1Article 2 Section 1.
S0912-1 1st EngrossmentSF912 REVISOR KRB
SENATE
STATE OF MINNESOTA
S.F. No. 912NINETY-THIRD SESSION
(SENATE AUTHORS: MORRISON, Dibble, Fateh and Port)
OFFICIAL STATUSD-PGDATE
Introduction and first reading52401/30/2023
Referred to Transportation
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;
2.2 (6) procedures for safe street or road crossing; and
2.3 (7) school bus evacuation.
2.4 (b) Each nonpublic school located within the district must provide all nonpublic school
2.5pupils enrolled in kindergarten through grade 10 who are transported by school bus at public
2.6expense and attend school within the district's boundaries with training as required in
2.7paragraph (a).
2.8 (c) Students enrolled in kindergarten through grade 6 who are transported by school bus
2.9and are enrolled during the first or second week of school must receive the school bus safety
2.10training competencies by the end of the third week of school. Students enrolled in grades
2.117 through 10 who are transported by school bus and are enrolled during the first or second
2.12week of school and have not previously received school bus safety training must receive
2.13the training or receive bus safety instructional materials by the end of the sixth week of
2.14school. Students taking driver's training instructional classes must receive training in the
2.15laws and proper procedures when operating a motor vehicle in the vicinity of a school bus
2.16as required by section 169.446, subdivisions 2 and 3. Students enrolled in kindergarten
2.17through grade 10 who enroll in a school after the second week of school and are transported
2.18by school bus and have not received training in their previous school district shall undergo
2.19school bus safety training or receive bus safety instructional materials within four weeks
2.20of the first day of attendance. Upon request of the superintendent of schools, the school
2.21transportation safety director in each district must certify to the superintendent that all
2.22students transported by school bus within the district have received the school bus safety
2.23training according to this section. Upon request of the superintendent of the school district
2.24where the nonpublic school is located, the principal or other chief administrator of each
2.25nonpublic school must certify to the school transportation safety director of the district in
2.26which the school is located that the school's students transported by school bus at public
2.27expense have received training according to this section.
2.28 (d) A district and a nonpublic school with students transported by school bus at public
2.29expense may provide kindergarten pupils with bus safety training before the first day of
2.30school.
2.31 (e) A district and a nonpublic school with students transported by school bus at public
2.32expense may also provide student safety education for bicycling and pedestrian safety, for
2.33students enrolled in kindergarten through grade 5.
2Article 2 Section 1.
S0912-1 1st EngrossmentSF912 REVISOR KRB 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.
S0912-1 1st EngrossmentSF912 REVISOR KRB 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 ARTICLE 3
4.17 ACTIVE TRANSPORTATION POLICY
4.18 Section 1. Minnesota Statutes 2022, section 160.262, subdivision 3, is amended to read:
4.19 Subd. 3.Cooperation among agencies and governments.(a) The departments and
4.20agencies on the active transportation advisory committee identified in section 174.375 must
4.21provide information and advice for the bikeway design guidelines maintained by the
4.22commissioner.
4.23 (b) The commissioner must provide technical assistance to local units of government
4.24in:
4.25 (1) local planning and development of bikeways;
4.26 (2) establishing connections to state bicycle routes; and
4.27 (3) implementing statewide bicycle plans maintained by the commissioner.
4.28 (c) The commissioner may cooperate with and enter into agreements with the United
4.29States government, any department of the state of Minnesota, any unit of local government,
4.30any tribal government, or any public or private corporation in order to effect the purposes
4.31of this section.
4Article 3 Section 1.
S0912-1 1st EngrossmentSF912 REVISOR KRB 5.1 Sec. 2. Minnesota Statutes 2022, section 160.266, subdivision 1b, is amended to read:
5.2 Subd. 1b.State bicycle routes.The commissioner of transportation must identify state
5.3bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must
5.4be identified in cooperation with road and trail authorities, including the commissioner of
5.5natural resources and with the advice of the active transportation advisory committee under
5.6section 174.375. In a metropolitan area, state bicycle routes must be identified in coordination
5.7with the plans and priorities established by metropolitan planning organizations, as defined
5.8in United States Code, title 23, section 134.
5.9 Sec. 3. Minnesota Statutes 2022, section 160.266, subdivision 6, is amended to read:
5.10 Subd. 6.Mississippi River Trail.The Mississippi River Trail bikeway is designated as
5.11a state bicycle route. It must originate at Itasca State Park in Clearwater, Beltrami, and
5.12Hubbard Counties, then generally parallel the Mississippi River through the cities of Bemidji
5.13in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little
5.14Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County,
5.15Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County,
5.16Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County,
5.17and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminate.
5.18Where opportunities exist, the bikeway may be designated on both sides of the Mississippi
5.19River.
5.20 Sec. 4. Minnesota Statutes 2022, section 160.266, is amended by adding a subdivision to
5.21read:
5.22 Subd. 7.Jim Oberstar Bikeway.The Jim Oberstar Bikeway is designated as a state
5.23bicycle route. It must originate in the city of St. Paul in Ramsey County, then proceed north
5.24and east to Duluth in St. Louis County, then proceed north and east along the shore of Lake
5.25Superior through Grand Marais in Cook County to Minnesota's boundary with Canada, and
5.26there terminate.
5.27 Sec. 5. Minnesota Statutes 2022, section 169.18, subdivision 3, is amended to read:
5.28 Subd. 3.Passing.The following rules shall govern the overtaking and passing of vehicles
5.29proceeding in the same direction, subject to the limitations, exceptions, and special rules
5.30hereinafter stated:
5.31 (1) (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction
5.32shall must pass to the left thereof of the other vehicle at a safe distance and shall not again
5Article 3 Sec. 5.
S0912-1 1st EngrossmentSF912 REVISOR KRB 6.1drive is prohibited from returning to the right side of the roadway until safely clear of the
6.2overtaken vehicle;.
6.3 (2) (b) Except when overtaking and passing on the right is permitted, the driver of an
6.4overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on
6.5audible warning, and shall must not increase the speed of the overtaken vehicle until
6.6completely passed by the overtaking vehicle; and.
6.7 (3) (c) The operator of a motor vehicle overtaking a bicycle or individual proceeding in
6.8the same direction on the roadway shall leave or shoulder must:
6.9 (1) either:
6.10 (i) maintain a safe clearance distance while passing, but in no case less than which must
6.11be at least the greater of three feet clearance, when passing the bicycle or individual or
6.12one-half the width of the motor vehicle; or
6.13 (ii) completely enter another lane of the roadway while passing; and shall
6.14 (2) maintain clearance until the motor vehicle has safely past passed the overtaken bicycle
6.15or individual.
6.16 Sec. 6. Minnesota Statutes 2022, section 169.222, subdivision 4, is amended to read:
6.17 Subd. 4.Riding rules.(a) Every person operating a bicycle upon a roadway shall on a
6.18road must ride as close as practicable to the right-hand curb or edge of the roadway except
6.19under any of the following situations road as the bicycle operator determines is safe. A
6.20person operating a bicycle is not required to ride as close to the right-hand curb or edge
6.21when:
6.22 (1) when overtaking and passing another vehicle proceeding in the same direction;
6.23 (2) when preparing for a left turn at an intersection or into a private road or driveway;
6.24 (3) when reasonably necessary to avoid conditions that make it unsafe to continue along
6.25the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals,
6.26surface hazards, or narrow width narrow-width lanes, that make it unsafe to continue along
6.27the right-hand curb or edge; or;
6.28 (4) when operating on the shoulder of a roadway or in a bicycle lane.; or
6.29 (5) operating in a right-hand turn lane before entering an intersection.
6.30 (b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall operator must
6.31travel in the same direction as adjacent vehicular traffic.
6Article 3 Sec. 6.
S0912-1 1st EngrossmentSF912 REVISOR KRB 7.1 (c) Persons riding bicycles upon a roadway or shoulder shall must not ride more than
7.2two abreast and shall not impede the normal and reasonable movement of traffic and, on a
7.3laned roadway, shall ride within a single lane.
7.4 (d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
7.5crosswalk, shall must yield the right-of-way to any pedestrian and shall give an audible
7.6signal when necessary before overtaking and passing any pedestrian. No A person shall
7.7must not ride a bicycle upon a sidewalk within a business district unless permitted by local
7.8authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
7.9crosswalk under their jurisdiction.
7.10 (e) An individual operating a bicycle or other vehicle on a bikeway shall must (1) give
7.11an audible signal a safe distance prior to overtaking a bicycle or individual, (2) leave a safe
7.12clearance distance when overtaking a bicycle or individual proceeding in the same direction
7.13on the bikeway, and shall (3) maintain clearance until safely past the overtaken bicycle or
7.14individual.
7.15 (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
7.16intersection proceeding from the leftmost one-third of a dedicated right-hand turn lane
7.17without turning right.
7.18 Sec. 7. Minnesota Statutes 2022, section 169.222, is amended by adding a subdivision to
7.19read:
7.20 Subd. 4a.Stopping requirements.(a) For purposes of this subdivision, "in the vicinity"
7.21means located in an intersection or approaching an intersection in a manner that constitutes
7.22a hazard of collision during the time that a bicycle operator would occupy the intersection.
7.23 (b) A bicycle operator who approaches a stop sign must slow to a speed that allows for
7.24stopping before entering the intersection or the nearest crosswalk. Notwithstanding
7.25subdivision 1 and section 169.06, subdivision 4, if there is not a vehicle in the vicinity, the
7.26operator may make a turn or proceed through the intersection without stopping.
7.27 (c) A bicycle operator who approaches a traffic-control signal with a steady red indication,
7.28including a circular red signal or red arrow signal, must slow to a speed that allows for
7.29stopping before entering the intersection or the nearest crosswalk. Notwithstanding
7.30subdivision 1 and section 169.06, subdivision 5, if there is not a vehicle in the vicinity, the
7.31operator:
7.32 (1) may make a right-hand turn, or a left-hand turn onto a one-way roadway, without
7.33stopping; and
7Article 3 Sec. 7.
S0912-1 1st EngrossmentSF912 REVISOR KRB 8.1 (2) must otherwise perform a complete stop and then may make a turn or proceed through
8.2the intersection before the traffic-control signal indication changes to green.
8.3 (d) Nothing in this subdivision alters the right-of-way requirements under section 169.20.
8.4The provisions under this subdivision do not apply when traffic is controlled by a peace
8.5officer or a person authorized to control traffic under section 169.06.
8.6 Sec. 8. [174.375] ACTIVE TRANSPORTATION ADVISORY COMMITTEE.
8.7 Subdivision 1.Committee established; duties.(a) The commissioner of transportation
8.8must establish an active transportation advisory committee. The advisory committee must
8.9make recommendations to the commissioner on items related to:
8.10 (1) active transportation, including safety, education, and development programs;
8.11 (2) the active transportation program under section 174.38; and
8.12 (3) the safe routes to school program under section 174.40.
8.13 (b) The committee must review and analyze issues and needs relating to active
8.14transportation on public rights-of-way and identify solutions and goals for addressing
8.15identified issues and needs.
8.16 (c) For purposes of this section, "active transportation" includes bicycling, pedestrian
8.17activities, and other forms of nonmotorized transportation.
8.18 Subd. 2.Membership.(a) The advisory committee consists of the members specified
8.19in this subdivision.
8.20 (b) The commissioner of transportation must appoint up to 18 public members as follows:
8.21one member from each of the department's seven greater Minnesota districts; four members
8.22from the department's metropolitan district; and no more than seven members at large. Each
8.23of the members at large must represent nonmotorized interests or organizations.
8.24 (c) The commissioners of each of the following state agencies must appoint an employee
8.25of the agency to serve as a member: administration, education, health, natural resources,
8.26public safety, transportation, and pollution control. The chair of the Metropolitan Council
8.27must appoint an employee of the council to serve as a member. The director of Explore
8.28Minnesota Tourism must appoint an employee of the agency to serve as a member.
8.29 (d) The division administrator of the Federal Highway Administration may appoint an
8.30employee of the agency to serve as a member.
8Article 3 Sec. 8.
S0912-1 1st EngrossmentSF912 REVISOR KRB 9.1 (e) Each member of the committee serves a four-year term at the pleasure of the
9.2appointing authority.
9.3 (f) The committee must select a chair from its membership.
9.4 Subd. 3.Meetings; staffing.(a) The advisory committee must establish a meeting
9.5schedule and meet at least annually.
9.6 (b) The commissioner of transportation must provide department staff support to the
9.7advisory committee.
9.8 Subd. 4.Expenses.(a) Members of the advisory committee serve without compensation,
9.9but members who are not employees of government agencies must be reimbursed for
9.10expenses in the same manner and amount as authorized by the commissioner's plan adopted
9.11under section 43A.18, subdivision 2.
9.12 (b) To provide compensation under paragraph (a), the commissioner of transportation
9.13may expend the amount necessary from general fund appropriations.
9.14 Subd. 5.Reports.The advisory committee must submit an annual report to the
9.15commissioner of transportation.
9.16 Subd. 6.Expiration.The advisory committee expires June 30, 2033.
9.17 EFFECTIVE DATE.This section is effective the day following final enactment. The
9.18commissioner of transportation must convene the first meeting by October 15, 2023.
9.19 Sec. 9. Minnesota Statutes 2022, section 174.38, subdivision 6, is amended to read:
9.20 Subd. 6.Use of funds.(a) The commissioner must determine permissible uses of financial
9.21assistance under this section, which are limited to:
9.22 (1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
9.23but not limited to safe routes to school infrastructure and bicycle facilities and centers; and
9.24 (2) noninfrastructure programming, including activities as specified in section 174.40,
9.25subdivision 7a, paragraph (b).
9.26 (b) Of the amount made available in each fiscal year, the first $500,000 is for grants to
9.27develop, maintain, and implement active transportation safety curriculum for youth ages
9.28five to 14 years old, and if remaining funds are available, for (1) youth ages 15 to 17 years
9.29old, (2) adult active transportation safety programs, and (3) adult learn-to-ride programs.
9.30The curriculum must include resources for teachers and must meet the model training
9.31materials requirements under section 123B.935, subdivision 4.
9Article 3 Sec. 9.
S0912-1 1st EngrossmentSF912 REVISOR KRB 10.1 Sec. 10. EFFECTIVE DATE.
10.2 Unless otherwise specified, this article is effective August 1, 2023.
10.3 ARTICLE 4
10.4 APPROPRIATIONS
10.5 Section 1. APPROPRIATION; SAFE ROUTES TO SCHOOL PROGRAM.
10.6 $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
10.7from the general fund to the commissioner of transportation for the safe routes to school
10.8program under Minnesota Statutes, section 174.40.
10.9 Sec. 2. APPROPRIATION; ACTIVE TRANSPORTATION PROGRAM.
10.10 $25,000,000 in fiscal year 2024 and $25,000,000 in fiscal year 2025 are appropriated
10.11from the general fund to the commissioner of transportation for the active transportation
10.12program under Minnesota Statutes, section 174.38. Notwithstanding Minnesota Statutes,
10.13section 16A.28, this appropriation is available for three years after the year of the
10.14appropriation.
10Article 4 Sec. 2.
S0912-1 1st EngrossmentSF912 REVISOR KRB