| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to transportation; authorizing local units of government to adopt a speed |
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| 3 | 3 | | 1.3 limit ordinance for electric-assisted bicycles in certain areas; amending Minnesota |
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| 4 | 4 | | 1.4 Statutes 2024, sections 169.222, by adding a subdivision; 169.999, subdivisions |
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| 5 | 5 | | 1.5 1, 4, 5, 9; 171.12, by adding a subdivision. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 169.222, is amended by adding a subdivision |
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| 8 | 8 | | 1.8to read: |
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| 9 | 9 | | 1.9 Subd. 6c.Electric-assisted bicycles; local speed limit authorized.(a) A local unit of |
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| 10 | 10 | | 1.10government may adopt an ordinance to set a posted maximum speed limit for the operation |
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| 11 | 11 | | 1.11of an electric-assisted bicycle within a business district in a local unit of government's |
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| 12 | 12 | | 1.12jurisdiction. |
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| 13 | 13 | | 1.13 (b) An ordinance adopted under this section may specify the circumstances under which |
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| 14 | 14 | | 1.14a posted maximum speed limit is effective for the operation of electric-assisted bicycles. A |
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| 15 | 15 | | 1.15speed limit adopted under this section is effective upon the erection of appropriate signs |
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| 16 | 16 | | 1.16designating the speed and indicating the beginning and end of the segment on which the |
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| 17 | 17 | | 1.17speed limit is established. |
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| 18 | 18 | | 1.18 (c) An ordinance adopted under this section to issue citations for violations of a posted |
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| 19 | 19 | | 1.19maximum speed limit while operating an electric-assisted bicycle must comply with the |
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| 20 | 20 | | 1.20requirements of section 169.999. A citation may only be issued by a peace officer employed |
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| 21 | 21 | | 1.21by the local unit of government that authorized the issuance of citations. |
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| 22 | 22 | | 1.22 (d) The commissioner of public safety must not record on an individual's driving record |
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| 23 | 23 | | 1.23any violation of a speed limit established by a local unit of government under this section |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR KRB/VJ 25-0441603/04/25 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 2859 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Acomb03/26/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Transportation Finance and Policy 2.1or a violation committed by a holder of a class A, B, or C commercial driver's license or |
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| 34 | 34 | | 2.2commercial driver learner's permit when operating an electric-assisted bicycle. |
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| 35 | 35 | | 2.3 (e) A local unit of government may not issue administrative citations for violations of |
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| 36 | 36 | | 2.4riding rules under subdivision 6a. |
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| 37 | 37 | | 2.5 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 38 | 38 | | 2.6 Sec. 2. Minnesota Statutes 2024, section 169.999, subdivision 1, is amended to read: |
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| 39 | 39 | | 2.7 Subdivision 1.Authority.(a) Except for peace officers employed by the state patrol, |
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| 40 | 40 | | 2.8prior to a peace officer issuing an administrative citation under this section, the governing |
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| 41 | 41 | | 2.9body for the local unit of government that employs the peace officer must pass a resolution |
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| 42 | 42 | | 2.10that: |
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| 43 | 43 | | 2.11 (1) authorizes issuance of administrative citations; |
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| 44 | 44 | | 2.12 (2) obligates the local unit of government to provide a neutral third party to hear and |
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| 45 | 45 | | 2.13rule on challenges to administrative citations; and |
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| 46 | 46 | | 2.14 (3) bars peace officers from issuing administrative citations in violation of this section. |
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| 47 | 47 | | 2.15 (b) A peace officer may issue an administrative citation to a vehicle operator who: |
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| 48 | 48 | | 2.16 (1) violates section 169.14, and the violation consists of a speed under ten miles per |
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| 49 | 49 | | 2.17hour in excess of the lawful speed limit; |
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| 50 | 50 | | 2.18 (2) fails to obey a stop line in violation of section 169.30; or |
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| 51 | 51 | | 2.19 (3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69 to |
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| 52 | 52 | | 2.20169.75. |
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| 53 | 53 | | 2.21 (c) A peace officer may issue an administrative citation to an operator of an |
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| 54 | 54 | | 2.22electric-assisted bicycle who violates section 169.222, subdivision 6c. An operator of an |
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| 55 | 55 | | 2.23electric-assisted bicycle may not be issued an administrative citation for the violations |
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| 56 | 56 | | 2.24specified in paragraph (b), clauses (2) and (3). An administrative citation issued under this |
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| 57 | 57 | | 2.25paragraph must list the actual speed the electric-assisted bicycle was traveling at the time |
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| 58 | 58 | | 2.26of the violation. |
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| 59 | 59 | | 2.27 (c) (d) The authority to issue an administrative citation is exclusively limited to those |
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| 60 | 60 | | 2.28offenses listed in this subdivision. |
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| 61 | 61 | | 2.29 (d) (e) A peace officer who issues an administrative citation for the infraction of speeding |
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| 62 | 62 | | 2.30under ten miles per hour over the speed limit must use the actual speed a violator's vehicle |
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| 63 | 63 | | 2.31was traveling at the time of the infraction and may not reduce the recorded speed for purposes |
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| 64 | 64 | | 2Sec. 2. |
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| 65 | 65 | | REVISOR KRB/VJ 25-0441603/04/25 3.1of qualifying the offense for an administrative citation. An administrative citation issued |
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| 66 | 66 | | 3.2for speeding must list the actual speed the vehicle was traveling at the time of the infraction. |
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| 67 | 67 | | 3.3 (e) (f) A local unit of government shall must notify the commissioner of public safety |
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| 68 | 68 | | 3.4after it passes a resolution described in paragraph (a). |
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| 69 | 69 | | 3.5 EFFECTIVE DATE.This section is effective July 1, 2025, for citations issued on or |
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| 70 | 70 | | 3.6after that date. |
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| 71 | 71 | | 3.7 Sec. 3. Minnesota Statutes 2024, section 169.999, subdivision 4, is amended to read: |
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| 72 | 72 | | 3.8 Subd. 4.Right to contest citation.(a) A peace officer who issues an administrative |
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| 73 | 73 | | 3.9citation must inform the vehicle operator or operator of an electric-assisted bicycle that the |
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| 74 | 74 | | 3.10person has the right to contest the citation. |
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| 75 | 75 | | 3.11 (b) Except as provided in paragraph (c), the local unit of government that employs the |
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| 76 | 76 | | 3.12peace officer who issues an administrative citation must provide a civil process for a person |
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| 77 | 77 | | 3.13to contest the administrative citation. The person must be allowed to challenge the citation |
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| 78 | 78 | | 3.14before a neutral third party. A local unit of government may employ a person to hear and |
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| 79 | 79 | | 3.15rule on challenges to administrative citations or contract with another local unit of |
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| 80 | 80 | | 3.16government or a private entity to provide the service. |
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| 81 | 81 | | 3.17 (c) The state patrol may contract with local units of government or private entities to |
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| 82 | 82 | | 3.18collect administrative fines and to provide a neutral third party to hear and rule on challenges |
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| 83 | 83 | | 3.19to administrative citations. An administrative citation issued by a state patrol trooper must |
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| 84 | 84 | | 3.20clearly state how and where a violator can challenge the citation. |
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| 85 | 85 | | 3.21 EFFECTIVE DATE.This section is effective July 1, 2025, for citations issued on or |
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| 86 | 86 | | 3.22after that date. |
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| 87 | 87 | | 3.23 Sec. 4. Minnesota Statutes 2024, section 169.999, subdivision 5, is amended to read: |
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| 88 | 88 | | 3.24 Subd. 5.Fines; disbursement.(a) A person who commits an administrative violation |
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| 89 | 89 | | 3.25under subdivision 1 must pay a fine of $60. |
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| 90 | 90 | | 3.26 (b) Except as provided in paragraph paragraphs (c) and (d), two-thirds of a fine collected |
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| 91 | 91 | | 3.27under this section must be credited to the general revenue fund of the local unit of government |
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| 92 | 92 | | 3.28that employs the peace officer who issued the citation and one-third must be transferred to |
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| 93 | 93 | | 3.29the commissioner of management and budget to be deposited in the state general fund. A |
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| 94 | 94 | | 3.30local unit of government receiving fine proceeds under this section must use at least one-half |
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| 95 | 95 | | 3.31of the funds for law enforcement purposes. The funds must be used to supplement but not |
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| 96 | 96 | | 3.32supplant any existing law enforcement funding. |
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| 97 | 97 | | 3Sec. 4. |
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| 98 | 98 | | REVISOR KRB/VJ 25-0441603/04/25 4.1 (c) For fines collected under this section from administrative citations issued by state |
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| 99 | 99 | | 4.2patrol troopers, one-third must be credited to the general fund of the local unit of government |
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| 100 | 100 | | 4.3or entity that collects the fine and provides a hearing officer and two-thirds must be |
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| 101 | 101 | | 4.4transferred to the commissioner of management and budget to be deposited in the state |
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| 102 | 102 | | 4.5general fund. |
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| 103 | 103 | | 4.6 (d) For fines collected under this section from administrative citations issued to operators |
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| 104 | 104 | | 4.7of electric-assisted bicycles for violating posted maximum speed limits, one-third must be |
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| 105 | 105 | | 4.8credited to the general fund of the local unit of government or entity that collects the fine |
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| 106 | 106 | | 4.9and provides a hearing officer and two-thirds must be transferred to the commissioner of |
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| 107 | 107 | | 4.10management and budget to be deposited in the active transportation account in the special |
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| 108 | 108 | | 4.11revenue fund. |
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| 109 | 109 | | 4.12 EFFECTIVE DATE.This section is effective July 1, 2025, for citations issued on or |
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| 110 | 110 | | 4.13after that date. |
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| 111 | 111 | | 4.14 Sec. 5. Minnesota Statutes 2024, section 169.999, subdivision 9, is amended to read: |
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| 112 | 112 | | 4.15 Subd. 9.Local preemption.(a) The authority to issue an administrative citation is |
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| 113 | 113 | | 4.16exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary |
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| 114 | 114 | | 4.17charter provision or ordinance, no statutory or home rule charter city, county, or town may |
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| 115 | 115 | | 4.18impose administrative penalties to enforce any other provision of this chapter. |
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| 116 | 116 | | 4.19 (b) Nothing in this section may be construed to prohibit the enforcement of the use of |
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| 117 | 117 | | 4.20electric-assisted bicycles on a trail, roadway, bikeway, or shoulder, as provided in section |
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| 118 | 118 | | 4.2185.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, |
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| 119 | 119 | | 4.22paragraph (b). |
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| 120 | 120 | | 4.23 Sec. 6. Minnesota Statutes 2024, section 171.12, is amended by adding a subdivision to |
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| 121 | 121 | | 4.24read: |
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| 122 | 122 | | 4.25 Subd. 6b.Driving record; electric-assisted bicycle speed limit violation.The |
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| 123 | 123 | | 4.26commissioner must not record on an individual's driving record any violation of a speed |
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| 124 | 124 | | 4.27limit authorized under section 169.222, subdivision 6c. |
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| 125 | 125 | | 4.28 EFFECTIVE DATE.This section is effective July 1, 2025, for citations issued on or |
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| 126 | 126 | | 4.29after that date. |
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| 127 | 127 | | 4Sec. 6. |
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| 128 | 128 | | REVISOR KRB/VJ 25-0441603/04/25 |
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