SF 1310

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/26/2012 09:08am

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 new text begin successfully new text end 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 new text begin either (i) successfully new text end completed the classroom phase of instruction in the
driver education program new text begin or (ii) enrolled in a concurrent driver education program that
utilizes simulation or behind-the-wheel instruction as approved by the department and
completes 15 hours of classroom instruction new text end ;

(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) deleted text begin to deleted text end new text begin through new 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 begin then (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 end or new text begin the minor applicant
new 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

(6) has paid the fee required in section 171.06, subdivision 2.

(b) For 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.

(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.