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SF 28

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/22/2020 11:07am

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

Current Version - 1st Engrossment

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A bill for an act
relating to motor vehicles; requiring implementation of online driver's license
knowledge testing; implementing a fee for not appearing for a driving exam;
prohibiting the practice of reserving driving exam slots for driving schools;
requiring a report on the road testing backlog; appropriating money; amending
Minnesota Statutes 2018, section 171.13, subdivision 7, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2018, section 171.13, subdivision 7, is amended to read:


Subd. 7.

deleted text beginRepeatdeleted text end Examination deleted text beginfeedeleted text endnew text begin feesnew text end.

(a) A fee of $10 must be paid by an individual
to take a third and any subsequent knowledge test administered by the department if the
individual has failed two previous consecutive knowledge tests on the subject.

(b) A fee of $20 must be paid by an individual to take a third and any subsequent skills
or road test administered by the department if the individual has previously failed two
consecutive skill or road tests in a specified class of motor vehicle.

(c) new text beginA fee of $20 must be paid by an individual who fails to appear for a scheduled skills
or road test or who cancels a skills or road test within 24 hours of the appointment time.
new text end

new text begin (d) new text endAll fees received under this subdivision must be paid into the state treasury and
credited to the driver services operating account in the special revenue fund specified under
section 299A.705.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 171.13, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Test scheduling. new text end

new text begin The commissioner must not schedule or reserve recurring
time with a public, private, or commercial driver education program for purposes of
administering skills or road tests to a class D or commercial driver's license applicant.
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

Sec. 3.

Minnesota Statutes 2018, section 171.13, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Online driver's license knowledge testing authorization. new text end

new text begin (a) The commissioner
must implement online knowledge testing as provided in this subdivision. Upon written
request from a driver education program licensed by the department, the commissioner must
grant access to the department's web-based knowledge testing system to the driver education
program. The commissioner must not charge a fee to a driver education program for access
to the knowledge testing system or for administering the knowledge test.
new text end

new text begin (b) Once granted access to the online knowledge testing system, a driver education
program may administer the knowledge test to a student of the program. The driver education
program must provide all computers and equipment for students that take the knowledge
test. The driver education program must also provide appropriate proctors to monitor students
taking the knowledge test. A driver education program may charge a fee of no more than
$10 for administering the test. The commissioner must administer the fourth or subsequent
test for a student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on September 1, 2020, or on the date the
changes required by this section are implemented, whichever is earlier. If the changes
required by this section are implemented before September 1, 2020, the commissioner of
public safety must notify the revisor of statutes of the date.
new text end

Sec. 4. new text beginREPORTS; DEPARTMENT OF PUBLIC SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Backlog report. new text end

new text begin By January 1, 2021, the commissioner of public safety
must report to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance on the following:
new text end

new text begin (1) a summary of the plan or plans implemented to address the class D and CDL road
test backlogs during 2020 and a discussion on whether those plans were implemented,
including whether any benchmarks or goals were achieved on time;
new text end

new text begin (2) monthly totals of road tests conducted, broken down by type of test and location of
test;
new text end

new text begin (3) average wait times for a person seeking a road test, broken down by month, location,
and type of test;
new text end

new text begin (4) a list of locations offering tests each month and the types of tests offered at each
location;
new text end

new text begin (5) a summary of plans, if any, for addressing existing or potential backlogs of road tests
in 2021;
new text end

new text begin (6) recommendations on whether third-party testing for class D driver's licenses and
commercial driver's licenses should be authorized; and
new text end

new text begin (7) recommended legislative changes relating to elimination of road test backlogs and
ways to minimize future road test backlogs.
new text end

new text begin Subd. 2. new text end

new text begin Online knowledge testing report. new text end

new text begin By January 1, 2022, the commissioner of
public safety must report to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance on the following:
new text end

new text begin (1) the number of online knowledge tests taken pursuant to Minnesota Statutes, section
171.13, subdivision 9;
new text end

new text begin (2) the number of locations providing online knowledge testing pursuant to Minnesota
Statutes, section 171.13, subdivision 9;
new text end

new text begin (3) if adequate data is available, a recommendation on whether the $10 fee cap in
Minnesota Statutes, section 171.13, subdivision 9, should be changed;
new text end

new text begin (4) recommendations on whether additional entities should be authorized to administer
online knowledge testing;
new text end

new text begin (5) recommendations on whether driver education programs should be allowed to
administer online knowledge tests to people other than students of the program; and
new text end

new text begin (6) recommended legislative changes related to online knowledge testing.
new text end

Sec. 5. new text beginONLINE DRIVER'S LICENSE KNOWLEDGE TESTING; USE OF
APPROPRIATION.
new text end

new text begin (a) Of the appropriation in Laws 2019, First Special Session chapter 3, article 1, section
4, subdivision 4, paragraph (c), $450,000 is available to the commissioner of public safety
to implement online driver's license knowledge testing as provided in section 3.
new text end

new text begin (b) The authority under paragraph (a) is available until January 31, 2022, for expenses
incurred on or before December 31, 2021. Any funds under this section that remain unspent
after January 31, 2022, revert to the purposes identified in Laws 2019, First Special Session
chapter 3, article 1, section 4, subdivision 4, paragraph (c).
new text end

new text begin (c) The base for the appropriation from the driver services operating account in Laws
2019, First Special Session chapter 3, article 1, section 4, subdivision 4, paragraph (b), is
increased by $55,000 in each of fiscal years 2022 and 2023 for annual maintenance of the
online driver's license knowledge testing system.
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