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HF 769

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/30/2023 08:35pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to transportation; providing for online driver education programs; amending
Minnesota Statutes 2022, section 171.05, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 171; repealing Minnesota Rules, part 7411.0535.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 171.05, subdivision 2, is amended to read:


Subd. 2.

Person less than 18 years of age.

(a) The department may issue an instruction
permit to an applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously issued
valid license from another state, ornew text begin :
new text end

new text begin (i)new text end is enrolled in deleted text begin either:deleted text end new text begin behind-the-wheel training in a driver education program; and
new text end

new text begin (ii) has completed:
 new text end

deleted text begin (i) a public, private, or commercialdeleted text end new text begin (A) the classroom phase of instruction in anew text end driver
education program that deleted text begin is approved by the commissioner of public safety and thatdeleted text end includes
classroom and behind-the-wheel training; deleted text begin or
deleted text end

new text begin (B) 15 hours of classroom instruction in a driver education program that presents
classroom and behind-the-wheel instruction concurrently;
 new text end

deleted text begin (ii) an approved behind-the-wheel driver education programdeleted text end new text begin (C) home-classroom driver
training,new text end when the student is receiving full-time instruction in a home school within the
meaning of sections 120A.22 and 120A.24, the student is working toward a deleted text begin homeschooldeleted text end new text begin
home schoolnew text end diploma, the deleted text begin student is takingdeleted text end home-classroom driver training deleted text begin with classroomdeleted text end
materialsnew text begin arenew text end approved by the commissioner of public safety, and the student's parent has
certified the student's deleted text begin homeschooldeleted text end new text begin home schoolnew text end and home-classroom driver training status
on the form approved by the commissioner;new text begin or
new text end

new text begin (D) an online driver education program authorized by section 171.395;
 new text end

deleted text begin (2) has completed the classroom phase of instruction in the driver education program
or has completed 15 hours of classroom instruction in a program that presents classroom
and behind-the-wheel instruction concurrently;
 deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end has passed a test of the applicant's eyesight;

deleted text begin (4)deleted text end new text begin (3)new text end has passed a department-administered test of the applicant's knowledge of traffic
laws;

deleted text begin (5)deleted text end new text begin (4)new text end has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise, then
(ii) the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living or,
if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the
foster parent or the director of the transitional living program in which the child resides or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer; and

deleted text begin (6)deleted text end new text begin (5)new text end has paid all fees required in section 171.06, subdivision 2.

(b) In addition, the applicant may submit a certification stating that a primary driving
supervisor has completed the supplemental parental curriculum under section 171.0701,
subdivision 1a, for the purposes of provisional license requirements under section 171.055,
subdivision 1, paragraph (a), clause (6). The certification must be completed by a driver
education instructor, as defined under section 171.0701, subdivision 1a.

(c) For the purposes of determining compliance with the certification of paragraph (a),
clause (1), item (ii),new text begin subitem (C),new text end the commissioner may request verification of a student's
deleted text begin homeschooldeleted text end new text begin home schoolnew text end status from the superintendent of the school district in which the
student resides and the superintendent shall provide that verification.

new text begin (d) A driver education program under this subdivision includes a public, private, or
commercial program, and must be approved by the commissioner.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end The instruction permit is valid for two years from the date of application and may
be renewed upon payment of a fee equal to the fee for issuance of an instruction permit
under section 171.06, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
 new text end

Sec. 2.

new text begin [171.395] ONLINE DRIVER EDUCATION PROGRAM.
 new text end

new text begin (a) A licensed driver education program may provide online driver education as provided
in this section. The online driver education program must satisfy the requirements for
classroom driver education as provided in section 171.0701, subdivision 1, and Minnesota
Rules, chapter 7411. In addition, an online driver education program must:
 new text end

new text begin (1) include a means for the student to measure performance outcomes;
 new text end

new text begin (2) use a pool of rotating quiz questions;
 new text end

new text begin (3) incorporate accountability features to ensure the identity of the student while engaged
in the course of online study;
 new text end

new text begin (4) measure the amount of time that the student spends in the course;
 new text end

new text begin (5) provide technical support to customers that is available 24 hours per day, seven days
per week;
 new text end

new text begin (6) require a licensed Minnesota driver education instructor to monitor each student's
progress and be available to answer questions in a timely manner, provided that the instructor
is not required to monitor progress or answer questions in real time;
 new text end

new text begin (7) store course content and student data on a secure server that is protected against data
breaches and is regularly backed up;
 new text end

new text begin (8) incorporate preventive measures in place to protect against the access of private
information;
 new text end

new text begin (9) include the ability to update course content uniformly throughout the state; and
 new text end

new text begin (10) provide online interactive supplemental parental curriculum consistent with section
171.0701, subdivision 1a.
 new text end

new text begin (b) Except as required by this section, the commissioner is prohibited from imposing
requirements on online driver education programs that are not equally applicable to classroom
driver education programs.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
 new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 7411.0535, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
 new text end

APPENDIX

Repealed Minnesota Rule: 23-01853

7411.0535 ONLINE CLASSROOM INSTRUCTION; ADULT ONLY.

Classroom instruction via the Internet may be provided by a program to any student who is at least 18 years old.

A.

The course of study must provide a means for the student to measure performance outcomes.

B.

There must be a pool of rotating quiz questions.

C.

The course must have accountability features to ensure the age and identity of the student taking the course.

D.

Technical designs must have features that measure the amount of time a student spends on each section of the course.

E.

Customer support access must be made available through a toll-free telephone number.

F.

The course must have a secure server and be backed up by a second unit.

G.

The program must have preventives in place to protect against the access of private information.

H.

The course must have the ability to update course content uniformly throughout the state.

I.

The course must have a location in Minnesota where program and student records are accessible.