HP0922, LD 1328, item 1, An Act To Promote Bicycle Safety by Placing Warning Signs on Certain Public Ways

An Act To Promote Bicycle Safety by Placing Warning Signs on Certain Public Ways

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 23 MRSA §1353 is enacted to read:

§ 1353. Bicycle warning signs

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Bicycle warning sign" means a yellow retroreflective diamond-shaped sign that contains an image of a bicycle.

B. "Lane of substandard width" means a lane of a public way that the department determines is too narrow for a motor vehicle and a bicycle to safely travel side by side.

C. "Placard" means a yellow retroreflective rectangular sign that contains information for users of a public way and is used in conjunction with and placed underneath a bicycle warning sign.

D. "Public way" means a state highway or a state aid highway.

2. Bicycle warning signs. The department shall place a bicycle warning sign on a public way in the following manner.

A. At the beginning of a public way in which all or a portion of the public way has a speed limit over 35 miles per hour and a lane of substandard width, the department shall place on the same side of the public way as the lane of substandard width a bicycle warning sign with a placard that states "FULL LANE USE."

B. At the intersection between a public way under paragraph A and a major public way or a collector and feeder route of the public way under paragraph A, the department shall place on the same side of the public way as the lane of substandard width a bicycle warning sign with a placard that states "FULL LANE USE."

3. Municipalities. A municipality shall place bicycle warning signs in accordance with subsection 2 on town ways within the municipality.

4. Rules. The department may adopt routine technical rules as defined by Title 5, chapter 375, subchapter 2-A to carry out the provisions of this section.

Sec. 2. 23 MRSA §1354 is enacted to read:

§ 1354. Bicycle Roadway Safety Fund

The Bicycle Roadway Safety Fund, referred to in this section as "the fund," is established in the department to pay for the expenses in carrying out the provisions of section 1353. The fund consists of revenues received from contributions made pursuant to Title 36, section 5292, appropriations, allocations and contributions from private and public sources. The fund, to be accounted within the department, must be held separate and apart from all other money, funds and accounts. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any unexpended balances remaining in the fund at the end of any fiscal year do not lapse and must be carried forward to the next fiscal year.

Sec. 3. 36 MRSA §5292 is enacted to read:

§ 5292. Bicycle Roadway Safety Fund; voluntary checkoff

1. Bicycle Roadway Safety Fund. When filing a return, a taxpayer entitled to a refund under this Part may designate that a portion of that refund be paid into the Bicycle Roadway Safety Fund established in Title 23, section 1354. A taxpayer who is not entitled to a refund under this Part may contribute to the Bicycle Roadway Safety Fund by including with that taxpayer's return sufficient funds to make the contribution. The contribution may not be less than $5. Each individual income tax return form must contain a designation in substantially the following form: "Bicycle Roadway Safety Fund: ( ) $5 or ( ) Other $....."

2. Contributions credited to Bicycle Roadway Safety Fund. The State Tax Assessor shall determine annually the total amount contributed pursuant to subsection 1. Prior to the beginning of the next year, the State Tax Assessor shall deduct the cost of administering the Bicycle Roadway Safety Fund checkoff and report the remainder to the Treasurer of State, who shall forward that amount to the Bicycle Roadway Safety Fund.

Sec. 4. Department of Transportation to determine priority in sign placing. The Department of Transportation shall determine the priority of the public ways that receive signs pursuant to the Maine Revised Statutes, Title 23, section 1353 based upon the existing resources of the department and using available information such as bicycle use and accident data and other information concerning bicycle use on the public ways.

summary

This bill requires the Department of Transportation and municipalities to place bicycle warning signs on public ways that have speed limits over 35 miles per hour and have lanes in which a motor vehicle and a bicycle cannot safely travel side by side. The bill also requires state income tax returns to include a voluntary checkoff of $5 or more to help pay for the signs.

HP0922 LD 1328	Session - 128th Maine Legislature		LR 1736 Item 1
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