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HF 2684

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2014 09:23am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to transportation; amending requirements governing graduated driver
licensing; amending Minnesota Statutes 2012, sections 171.01, by adding a
subdivision; 171.05, by adding a subdivision; 171.055, subdivision 1; 171.0701,
by adding a subdivision; Minnesota Statutes 2013 Supplement, section 171.05,
subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 171.01, is amended by adding a
subdivision to read:


new text begin Subd. 45a. new text end

new text begin Primary driving supervisor. new text end

new text begin "Primary driving supervisor" means a
person who: (1) supervises, for a majority of the supervised driving time, motor vehicle
operation by an instruction permit holder who is under age 18; and (2) meets the applicable
supervision requirements under this chapter.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 171.05, subdivision 2, is
amended to read:


Subd. 2.

Person less than 18 years of age.

(a) deleted text beginNotwithstanding any provision
in subdivision 1 to the contrary,
deleted text end 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, or is enrolled in either:

(i) a public, private, or commercial driver education program that is approved by
the commissioner of public safety and that includes classroom and behind-the-wheel
training; or

(ii) an approved behind-the-wheel driver education program 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 homeschool diploma, the student is taking
home-classroom driver training with classroom materials approved by the commissioner
of public safety, and the student's parent has certified the student's homeschool and
home-classroom driver training status on the form approved by the commissioner;

(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;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the applicant's knowledge of traffic
laws;

(5) 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

(6) has paid all fees required in section 171.06, subdivision 2.

(b) new text beginIn 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.
new text end

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

deleted text begin (c)deleted text endnew text begin (d)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.

deleted text begin (d) The commissioner of public safety shall adopt rules to carry out the provisions
of this section. The rules adopted under this section are exempt
deleted text end deleted text begin from the rulemaking
provisions of chapter 14. The rules are subject to section 14.386, except that section
14.386, paragraph (b), does not apply.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 3.

Minnesota Statutes 2012, section 171.05, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of public safety shall adopt rules to carry
out the provisions of this section. The rules adopted under this section are exempt from
the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except
that section 14.386, paragraph (b), does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 171.055, subdivision 1, is amended to read:


Subdivision 1.

Requirements for provisional license.

(a) The department may
issue a provisional license, which must be distinctive in appearance from a driver's
license, to an applicant who:

(1) has reached the age of 16 years;

(2) during the six months immediately preceding the application for the provisional
license has possessed an instruction permit and has incurred (i) no convictions for a
violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no
convictions for a crash-related moving violation, and (iii) no convictions for a moving
violation that is not crash related;

(3) has successfully completed a course of driver education in accordance with
department rules;

(4) completes 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;

(5) deleted text beginpresents certification by the person who approves the application under clause (4)
stating
deleted text endnew text begin submits a supervised driving log, in a format approved by the commissioner, that:
new text end

new text begin (i) statesnew text end that the applicant has driven a motor vehicle accompanied by and under the
supervision of a licensed driver at least 21 years of age, for no less than deleted text begin30deleted text endnew text begin 40 totalnew text end hours
new text begin or as provided in clause (6), item (i)new text end, at least deleted text begintendeleted text endnew text begin 15new text end of which were nighttime hours; deleted text beginand
deleted text end

new text begin (ii) identifies dates and lengths of driving time for each supervised driving trip; and
new text end

new text begin (iii) is signed by the primary driving supervisor, attesting that the applicant has met
the requirements under item (i);
new text end

(6) new text beginhas:
new text end

new text begin (i) driven a motor vehicle in the manner required under clause (5) for no less than
ten hours in addition to the total hours specified in clause (5), item (i); or
new text end

new text begin (ii) submitted a certification of supplemental parental curriculum under section
171.05, subdivision 2, paragraph (b), for the primary driving supervisor under clause (5),
as part of application for an instruction permit; and
new text end

new text begin (7) new text endpays the fee required in section 171.06, subdivision 2.

(b) For purposes of this section, "moving violation" has the meaning given it in
section 171.04, subdivision 1.

(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
provisional license to a person who has ever incurred a conviction for violation of section
169A.20, 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53;
or a crash-related moving violation, and at the time of the conviction the person did not
possess an instruction permit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 5.

Minnesota Statutes 2012, section 171.0701, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Supplemental parental curriculum. new text end

new text begin (a) For purposes of this subdivision,
"driver education instructor" means an instructor as defined under section 171.33,
subdivision 2, or a person licensed by the Board of Teaching for driver training as required
under section 122A.26, subdivision 2.
new text end

new text begin (b) By July 1, 2014, the commissioner shall establish optional supplemental parental
curriculum to provide instruction and information to primary driving supervisors in
conjunction with persons enrolled in driver education programs at public schools, private
schools, and commercial driver training schools. Each school must establish a schedule
or procedure for providing the supplemental parental curriculum to any primary driving
supervisor who chooses to receive it.
new text end

new text begin (c) At a minimum, the supplemental parental curriculum must:
new text end

new text begin (1) be at least 90 minutes in length;
new text end

new text begin (2) be provided by or in the presence of a driver education instructor; and
new text end

new text begin (3) provide information concerning graduated driver licensing, safety risks
associated with novice drivers, potential influence of adults on driving behavior of novice
drivers, and additional resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end