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HF 867

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/23/2012 12:35pm

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; amending Minnesota Statutes 2011 Supplement, section
171.05, subdivision 2.

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

Section 1.

Minnesota Statutes 2011 Supplement, 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 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 deleted text beginhomeschooldeleted text endnew 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 (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;
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 endnew text begin (2)new text end has passed a test of the applicant's eyesight;

deleted text begin (4)deleted text endnew 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 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) to (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, deleted text beginordeleted text end new text beginthen (v) the foster parent or the director of the transitional living program in
which the child resides or, if items (i) to (v) do not apply or the minor applicant
new text endis 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 beginfoster
parent, program director,
new text endadult 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) For the purposes of determining compliance with the certification of paragraph
(a), clause (1), item (ii),new text begin subitem (B),new text end 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.

(c) 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.