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HF 867

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/28/2011 03:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to drivers' licenses; modifying and clarifying provisions relating to
instruction permits; appropriating money; amending Minnesota Statutes 2010,
sections 171.05, subdivision 2; 171.06, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:


Subd. 2.

Person less than 18 years of age.

(a) Notwithstanding any provision
in subdivision 1 to the contrary, 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 deleted text beginis enrolled in eitherdeleted text end:

(i) new text beginthe applicant is enrolled in behind-the-wheel training in a public, private, or
commercial driver education program that utilizes simulation or behind-the-wheel
instruction and that is approved by the commissioner of public safety; and
new text end

new text begin (ii) the applicant:
new text end

new text begin (A) has successfully completed the classroom phase of instruction in new text enda public,
private, or commercial driver education program that is approved by the commissioner of
public safety deleted text beginand that includes classroom and behind-the-wheel training; ordeleted text endnew text begin;
new text end

deleted text begin (ii) an approved behind-the-wheel driver education programdeleted text endnew text begin (B) has successfully
completed home school 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 homenew text begin new text endschool diploma, the student's status as a homenew text begin new text endschool student has
been certified by the superintendent of the school district in which the student resides,
and the deleted text beginstudent is taking home-classroom driver training withdeleted text end classroom materials new text beginare
new text endapproved by the commissioner of public safety;new text begin or
new text end

new text begin (C) concurrent to the instruction under item (i), is enrolled in the classroom phase of
instruction in a public, private, or commercial driver education program that is approved
by the commissioner of public safety, and completes 15 hours of classroom instruction and
one behind-the-wheel lesson with an instructor;
new text end

deleted text begin (2) has completed the classroom phase of instruction in the driver education program;
deleted text end

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

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

deleted text begin (5)deleted text endnew 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) deleted text begintodeleted text endnew text begin throughnew text end (iii) do not apply, then (iv) the guardian having custody of
the minor, deleted text begin(v) the foster parent or the director of the transitional living program in which
the child resides
deleted text end or, in the event a person under the age of 18 has no living father, mother,
or guardian, new text beginthen (v) the foster parent or the director of the transitional living program
in which the child resides or, if items (i) through (v) do not apply
new text endornew text begin the minor applicantnew text end
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,new text begin foster parent, program director,new text end adult spouse, adult close family member, or
adult employer; and

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

(b) 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.

Sec. 2.

Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:


Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are
as follows:

Classified Driver's License
D-$22.25
C-$26.25
B-$33.25
A-$41.25
Classified Under-21 D.L.
D-$22.25
C-$26.25
B-$33.25
A-$21.25
Enhanced Driver's License
D-$37.25
C-$41.25
B-$48.25
A-$56.25
Instruction Permit
$10.25
Enhanced Instruction
Permit
$25.25
Provisional License
$13.25
Enhanced Provisional
License
$28.25
Duplicate License or
duplicate identification
card
$11.75
Enhanced Duplicate
License or enhanced
duplicate identification
card
$26.75
Minnesota identification
card or Under-21
Minnesota identification
card, other than duplicate,
except as otherwise
provided in section 171.07,
subdivisions 3
and 3a
$16.25
Enhanced Minnesota
identification card
$31.25

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
credited to the driver and vehicle services technology account in the special revenue fund
under section 299A.705.

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.

new text begin (d) In addition to the instruction permit fee required under paragraph (a), the
commissioner shall collect an additional $5 program implementation fee from an applicant
who is enrolled in concurrent driver education instruction as provided in section 171.05,
subdivision 2, paragraph (a), clause (1), item (ii), subitem (C). The commissioner shall
terminate the fee under this paragraph when the department has fully recovered its
costs to implement concurrent classroom phase and behind-the-wheel instruction under
section 171.05. The commissioner shall deposit proceeds of the fee in the driver services
operating account in the special revenue fund. Proceeds from the fee under this paragraph
are annually appropriated to the commissioner from the driver services operating account
for administrative costs to implement concurrent driver education.
new text end