Although SB 70 is apparently dead for this session, I want to thank everyone who contacted legislators, went to cracker barrels, talked to the media, commented on blogs, or did anything else to educate cyclists and motorists about the proposed 3 foot safe passage law.

Thank you also to Sen. Sandy Jerstad for bringing this bill to the legislature and for her determined advocacy for the bill. And, thanks to all the sponsors on the bill and to those who voted ‘yes.’

Very few bills get through the legislative process on the first attempt. Be assured the SD Bicycle Coalition will be back next year with a similar bill. We all learned from the concerns raised during the Senate debate. Now, we have a year to consider those concerns and prepare for the 2011 legislative session.

We also learned the importance and need for a Share the Road educational campaign for all who use South Dakota’s roads. This is in the future for our organization.

I sincerely encourage you to join SDBC to further support improving the attitudes and atmosphere for bicycling in this state.

If you ride a road bike or a mountain bike or anything in between; ride on the highways, around town or to get to work; if you have children who bicycle to school or just for fun; if you are young, old or somewhere in the middle; if you are the picture of fitness or are working on it … if you ride a bicycle for whichever reason you do, YOU are a bicyclist and your voice is needed.

We – the SDBC and South Dakota’s bicycle community – need all our voices to collectively promote and educate on bicycling in our state; to speak for this sport, hobby, lifestyle, maybe even love affair, we enjoy with our bicycles.

Thank you for your hard work to better bicycling in South Dakota.

Sincerely,

Caitlin F. Collier
SDBC President

Senator Jerstad introduced a new amendment relating to use of reflective clothing and bicycle. The purpose of the new amendment would address a concern with an inappropriate penalty. This move failed by voice vote. The original amendment then failed by voice vote.

Finally, the senate rejected the original bill itself with a 10 to 24 vote.

Please, take this opportunity to cultivate your relationship with your senators and remind them – they can support the original bill yet still be opposed to the amendment.

SB 70 and the amendment will be heard in the Senate tomorrow (Thursday) at 2pm.

Who are my legislators?

A list of all the senators with direct contact information.

Thank you.

RE: SB 70, Three Feet Safe Passing Legislation

Dear Members of the Senate Transportation Committee,

Thank you for considering the proposed legislation that would define the minimum safe distance for a motor vehicle to pass a bicyclist on the left.

It was late in the afternoon on August 21, 2003 and I was biking on hiway 89 between Custer and Sylvan Lake. There were three of us biking and I was bringing up the rear. An RV pulling a trailer with protruding fenders passed me and the fender caught my bike. I do not remember anything about the accident or my three week stay at the hospital in Rapid City. I was taken by ambulance to the Custer Hospital and then air lifted to Rapid City. I had a severe concussion, eight multiple broken ribs, dislocated shoulder, broken scapula, and a punctured lung.

I was on pain medication for over six months and suffered from deep depression. I basically spent two years in hell. But the sun did come up again and I am now 99% cured.

If the driver of the RV had been aware of a minimum standard for safely passing a bicyclist, my accident might have been prevented. However, what I am now really concerned about, is my desire to help prevent unnecessary crashes from happening in the future.

I have worked with young people for over 40 years and have always been concerned about their safety. There are a lot of young bikers and their safety has to be important to all of us. If a simple law like the 3′ rule saves one life it will be well worth it. I certainly hope this law will get your support and pass.

Sincerely,
Larry Luitjens

After more than and hour of lively discussion Wednesday morning, the committee voted against passing the bill. The audio (.mp3) includes testimony from two SDBC board members and several South Dakota cyclists; plus, the senators’ questions on and feedback against the bill.

Wednesday morning’s 3-4 vote tabled the bill.
Yays: Fryslie, Hanson (Gary), Maher
Nays: Kloucek, Vehle, Schmidt, Howie

By that afternoon Sen. Frank Kloucek apparently changed his mind, opening the door for Sen. Sandy Jerstad, bill sponsor, to move, from the Senate floor, that the bill be delivered for discussion. The Transportation Committee reconvened and ultimately voted 4-3 to deliver the bill “without recommendation.”

Yays: Fryslie, Hanson (Gary), Maher, Kloucek
Nays: Howie, Schmidt, Vehle

Thursday, SB70 was delivered to the Senate floor. On Friday, Sen. Jerstad tried to push the bill along on the floor, asking to change the committee’s “without recommendation” to a “do pass” and that the bill be considered immediately. However, the motion was deferred and will now be considered by the Senate on Tuesday afternoon, Feb. 16.

Here is the important bottom line: If Sen. Jerstad’s motion prevails, it’s likely the bill could come up for Senate vote shortly after.

Now is the time to contact all the senators and let them know that as South Dakota cyclists we’d really like to see this bill pass the Senate. If you have already done this consider a shorter note indicating, even after the week’s events, you still support them in supporting SB 70.

Monday is a the Presidents’ Day holiday, a day off for legislators. Tuesday’s Senate session begins at 2pm. Phone calls can go to the Capitol Building and messages will be delivered to the Senators.

Please help in the effort to pass the 3 Feet Please bill.

Who are my legislators?

A list of all the senators with direct contact information.

Some good bits of information to send them are written in the SDBC policy paper we released earlier today.

The South Dakota Bicycle Coalition agrees with South Dakota Law that bicycles are vehicles and should act and be treated as such on the roadway, and that drivers of overtaking vehicles should pass at a safe distance.

However, given the frequency and high consequences of motorists failing to pass at a safe distance, the coalition agrees with South Dakota cyclists – and 14 other states – that additional guidance within the law is necessary. SB70 and 3-foot can provide this to motorists and cyclists in South Dakota.

The complete Senate Transportation Committee members are:

• Senator Mike Vehle, (R) – District 20, Mitchell – 605-224-6877 – sen.vehle@state.sd.us
• Senator Dennis Schmidt, (R) – District 33, Rapid City – 605-773-3821 – sen.schmidt@state.sd.us
• Senator Art Fryslie (R) – District 6, Willow Lake – 605-625-3067
  - sen.fryslie@state.sd.us
• Senator Gary Hanson (D) – District 1, Sisseton – 605-224-4200 – sen.ghanson@state.sd.us
• Senator Gordon Howie, (R) – District 30, Rapid City – 605-773-3821 – sen.howie@state.sd.us
• Senator Frank Kloucek, (D) – District 19, Scotland – 605-773-3821 – 605-583-4468 – sen.kloucek@state.sd.us
• Senator Ryan Maher, (D) – District 28, Isabel – 605-850-3598 – sen.maher@state.sd.us

–

Meet your legislators. Find a legislative crackerbarrel near you and introduce them to SB70, the 3 foot bill.

The South Dakota Bicycle Coalition encourages you to attend a crackerbarrel in your community. Then, find out if your legislators support this bill, which could make cycling safer on South Dakota roadways. Offer them encouragement and thank them for their help in passing this valuable legislation.

The next crackerbarrel events are Saturday, Feb. 6 in Aberdeen, Brookings, Chamberlain, Kimball, and Watertown. Watch your local media for additional opportunities to meet your legislators.

Times & Locations:

• Aberdeen: NSU Jerde Dining Hall, 10-12am
• Brookings: City Hall, 9-10am
• Chamberlain: Dakota Milestones, 9am
• Kimball: Senior Center, 10:30am
• Watertown: Watertown Regional Library, community room, 10-11:30am

The South Dakota Bicycle Coalition encourages you to attend a crackerbarrel in your community. Then, find out if your legislators support this bill, which could make cycling safer on South Dakota roadways. Offer them encouragement and thank them for their help in passing this valuable legislation.

The next crackerbarrel events are Saturday, Jan. 30 in Rapid City, Sioux Falls, Murdo and Yankton. Watch your local media for additional opportunities to meet your legislators.

Supporters of SB70 should take note. The bill will first be heard in the Senate Transportation committee. If it passes committee, the bill continues its journey. Two Rapid City legislators sit on this committee: Dennis Schmidt and Gordon Howie. Consider attending a Rapid City crackerbarrel to shake hands with these gentlemen and give them a personal side to think about when considering the 3 foot bill.

Committee member, Senator Gary Hanson from Sisseton is a co-sponsor of this bill.

Of course, as this bill progresses ALL senators and representative will be presented chance to consider it. All contacts are valuable.

Times & Locations:

• Rapid City: 9 to 11am – South Dakota School of Mines New Classroom Building
• Sioux Falls: 10am – Holiday Inn City Centre, Starlite Room, 100 W. 8th St.
• Murdo: Turner Community Center
• Yankton: 10am Roncalli Center at Mount Marty College

The complete Senate Transportation Committee members are:

• Senator Mike Vehle, (R) – District 20, Mitchell – 605-224-6877 – sen.vehle@state.sd.us
• Senator Dennis Schmidt, (R) – District 33, Rapid City – 605-773-3821 – sen.schmidt@state.sd.us
• Senator Art Fryslie (R) – District 6, Willow Lake – 605-773-3821 – sen.fryslie@state.sd.us
• Senator Gary Hanson (D) – District 1, Sisseton – 605-224-4200 – sen.ghanson@state.sd.us
• Senator Gordon Howie, (R) – District 30, Rapid City – 605-773-3821 – sen.howie@state.sd.us
• Senator Frank Kloucek, (D) – District 19, Scotland – 605-773-3821 – 605-583-4468 – sen.kloucek@state.sd.us
• Senator Ryan Maher, (D) – District 28, Isabel – 605-850-3598 – sen.maher@state.sd.us

- support the legal concept of bicycles as vehicles. As vehicles, bicycles belong on the road and are to abide by traffic laws, just as motor vehicles. Thus, bicyclists – as vehicle operators – should also be treated with respect by motorists.

- uphold the rights and responsibilities of bicyclists and motorists by encouraging operator education. In states which have enacted the law, it is used as an educational tool to promote safe practices by motorists.

- move South Dakota higher in national rankings as a bicycle-friendly state. The state’s reputation for scenic bicycle routes is building the bicycle tourism market, now hosting over 1000 cyclists in multi-day tours each year. This number could explode as the state supports a message to safely share the road, as reinforced through a 3-foot law.

The bill – SB70 – was read in the Senate and now sits on the docket of the Senate Transportation committee. It would “provide certain restrictions regarding the passing of a bicycle.”

By amending the Rules of the Road chapter (SDCL 32-36), the proposal would require a motorists, when passing a bicycle, to pass with a minimum of three feet of clearance.

As introduced, the bill reads reads as follows: “The driver of any motor vehicle overtaking a bicycle proceeding in the same direction shall pass the bicycle as required by § 32-26-26 and shall leave a safe distance, but in no case less than three feet clearance, when passing the bicycle. The driver of the motor vehicle shall maintain the clearance until safely past the overtaken bicycle. A violation of this section is a Class 2 misdemeanor.”

The bill was introduced by Senators:
Sandy Jerstad (D) – Minnehaha, Lincoln
Tom Hansen (R) – Beadle, Hand, Jerauld
Gary Hanson (D) – Day, Marshall, Roberts
Pam Merchant (D) – Brookings
Kathy Miles (D) – Minnehaha
Ben Nesselhuf (D) – Clay, Turner
Jim Peterson (D) – Brookings, Deuel, Grant, Moody
Craig Tieszen (R) – Pennington
Nancy Turbak Berry (D) – Codington

Representatives:
Shantel Krebs (R) – Minnehaha, Lincoln
Elaine Elliott (D) – Brown, Spink
Richard Engels (D) – Minnehaha
Mitch Fargen (D) – Lake, Miner, Moody, Sanborn
Peggy Gibson (D) – Beadle, Hand, Jerauld
Noel Hamiel (R) – Aurora, Davison
Kristi Noem (R) – Beadle, Clark, Codington, Hamlin, Kingsbury
Eldon Nygaard (D) – Clay, Turner
Timothy Rave (R) – Hanson, McCook, Minnehaha
Manny Steele (R) – Lincoln, Minnehaha