SF 28

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/19/2020 04:35pm

A bill for an act
relating to motor vehicles; authorizing third-party testing for class D and
commercial drivers' licenses; implementing a fee for not appearing for a driving
exam; prohibiting the practice of reserving driving exam slots for driving schools;
appropriating money; amending Minnesota Statutes 2018, section 171.13,
subdivisions 1, 7, by adding a subdivision; Minnesota Statutes 2019 Supplement,
section 171.06, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 171.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 171.06, subdivision 3, is amended
to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant is not eligible for a Social Security number;

(4) contain a notification to the applicant of the availability of a living will/health care
directive designation on the license under section 171.07, subdivision 7; and

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under paragraph (d);

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c; and

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

new text begin (d) An application must be accompanied by a certification of behind-the-wheel
examination passage under section 171.77 or 171.83, if applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The portion of this section relating to section 171.83 is effective
July 1, 2020. The portion of this section relating to section 171.77 is effective August 1,
2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 171.13, subdivision 1, is amended to read:

Subdivision 1.

Examination subjects and locations; provisions for color blindness,
disabled veterans.

(a) new text begin Each applicant for a driver's license must pass the examination
required in this section. new text end Except as otherwise provided in deleted text begin this section deleted text end new text begin sections 171.70 to
171.83 new text end , the commissioner deleted text begin shall examine each applicant for a driver's license by such agency
as the commissioner directs deleted text end new text begin must conduct the examination new text end . This examination must include:

(1) a test of the applicant's eyesight;

(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
dangers of carbon monoxide poisoning;

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and

(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.

(b) Notwithstanding paragraph (a), no driver's license may be denied an applicant on
the exclusive grounds that the applicant's eyesight is deficient in color perception. War
veterans operating motor vehicles especially equipped for disabled persons, if otherwise
entitled to a license, must be granted such license.

(c) The commissioner shall make provision for giving the examinations under this
subdivision either in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.

(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.

new text begin EFFECTIVE DATE. new text end

new text begin The portion of this section relating to section 171.83 is effective
July 1, 2020. The remainder of the section is effective August 1, 2020.
new text end

Sec. 3.

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

Subd. 7.

deleted text begin Repeat deleted text end Examination deleted text begin fee deleted text end new text begin fees new 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 begin A 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 end All 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. 4.

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 Examination 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. 5.

new text begin [171.70] DEFINITIONS.
new text end

new text begin (a) For purposes of sections 171.70 to 171.82, the following definitions have the meanings
given them.
new text end

new text begin (b) "Applicant" means an entity applying for approval to be a third-party testing program.
new text end

new text begin (c) "Entity" includes an individual, natural person, and a legal or corporate person,
however organized unless otherwise expressly described or limited.
new text end

new text begin (d) "Letter of approval" means the document issued by the commissioner to the third-party
testing program authorizing the program to administer road tests for class D drivers' licenses.
new text end

new text begin (e) "Road test" means the actual physical demonstration of the ability to exercise ordinary
and reasonable control in the operation of a motor vehicle as required by section 171.13,
subdivision 1, paragraph (a), clause (4).
new text end

new text begin (f) "Third-party tester" means an individual who is an employee of a third-party testing
program who has qualified for a third-party tester certificate issued by the commissioner
granting the individual authorization to conduct road tests for class D drivers' licenses.
new text end

new text begin (g) "Third-party tester certificate" means a certificate issued by the commissioner to the
third-party tester authorizing the third-party tester to administer road tests for class D drivers'
licenses on behalf of a specified third-party testing program.
new text end

new text begin (h) "Third-party testing program" means a program authorized by the commissioner to
administer to an individual the road test for class D drivers' licenses.
new text end

Sec. 6.

new text begin [171.71] THIRD-PARTY TESTER; AUTHORIZATION; RULEMAKING
PROHIBITION.
new text end

new text begin (a) The commissioner must allow a third-party tester that complies with the requirements
of sections 171.70 to 171.82 to conduct road tests for people applying for class D drivers'
licenses.
new text end

new text begin (b) The commissioner must not adopt new rules or amend existing rules to implement
the requirements of sections 171.70 to 171.82.
new text end

Sec. 7.

new text begin [171.72] PROGRAM APPLICATION; APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The applicant shall apply to the commissioner for approval
to be a third-party testing program authorized to administer road tests for class D drivers'
licenses. The applicant must submit the application to the commissioner and provide the
information in subdivision 2. A third-party testing program or a third-party tester employed
by the program must not conduct road tests until the program is approved by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Application contents. new text end

new text begin To apply for approval as a third-party testing program,
an applicant must complete an application containing the information specified in this
section:
new text end

new text begin (1) business name;
new text end

new text begin (2) business registration number if a business or tax identification number if a
not-for-profit entity;
new text end

new text begin (3) address of the business's administrative office;
new text end

new text begin (4) telephone number, fax number, and e-mail address of the business's administrative
office;
new text end

new text begin (5) name of an authorized official responsible for the program and application and the
official's title and telephone number;
new text end

new text begin (6) a map, drawing, or written description of the test route to be used for road tests;
new text end

new text begin (7) the name, birth date, home address, and driver's license number of each individual
the applicant wants to employ as a certified third-party tester;
new text end

new text begin (8) attestation that the applicant carries the required insurance, as described in chapter
65B, for all vehicles used for testing; and
new text end

new text begin (9) attestation by the authorized official that the information submitted is true and
accurate.
new text end

new text begin Subd. 3. new text end

new text begin Location requirement. new text end

new text begin To qualify as a third-party testing program, the applicant
must be located in the state and must maintain an administrative office in at least one
permanent, regularly occupied building with a permanent address.
new text end

new text begin Subd. 4. new text end

new text begin Employment of certified tester. new text end

new text begin The applicant must employ one or more
certified third-party testers who meet the qualifications in section 171.75.
new text end

new text begin Subd. 5. new text end

new text begin Evaluation. new text end

new text begin The commissioner shall evaluate the application submitted by the
third-party testing program applicant. If the application is satisfactory, the commissioner
must approve the application.
new text end

new text begin Subd. 6. new text end

new text begin Limitation. new text end

new text begin The commissioner is prohibited from imposing any criteria or
requirements that are not specified by this section.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner's letter of approval. new text end

new text begin Upon approval of an application submitted
pursuant to this section, the commissioner shall issue a letter of approval to the third-party
testing program. The letter of approval constitutes an agreement between the state and the
third-party testing program administering road tests for a class D driver's license. A letter
of approval to operate a third-party testing program is not transferable.
new text end

Sec. 8.

new text begin [171.73] INDEMNIFICATION.
new text end

new text begin An applicant shall agree to indemnify and hold harmless the state and all state officers,
employees, and agents of the state from and against all claims, losses, damages, costs, and
other proceedings made, sustained, brought, or prosecuted in any manner based on or
occasioned by or attributive to any injury, infringement, or damage rising from any act or
omission of the third-party testing program or the program's employees in the performance
of testing duties.
new text end

Sec. 9.

new text begin [171.74] USE OF CERTIFIED THIRD-PARTY TESTERS.
new text end

new text begin The third-party testing program shall allow only individuals who have been certified by
the commissioner as third-party testers under sections 171.75 to 171.76 to administer road
tests. The program shall maintain, on file in the program's administrative office, a copy of
the valid certificate of each third-party tester employed by the program.
new text end

Sec. 10.

new text begin [171.75] THIRD-PARTY TESTER QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin To be certified as a third-party tester, an individual must make
application to, and be approved by, the commissioner as provided in this section. The
individual must:
new text end

new text begin (1) possess a valid driver's license;
new text end

new text begin (2) be at least age 21;
new text end

new text begin (3) be a licensed driver in a United States state for the past three years;
new text end

new text begin (4) before the date of application, have maintained continuous valid driving privileges
for the past year;
new text end

new text begin (5) successfully pass a prequalifying tester examination;
new text end

new text begin (6) be an employee of a third-party testing program;
new text end

new text begin (7) successfully complete the test administration training required of state-employed
examiners; and
new text end

new text begin (8) have a class D driver's license.
new text end

new text begin The examination and training required by clauses (5) and (7) must be identical for
state-employed examiners and third-party testers.
new text end

new text begin Subd. 2. new text end

new text begin State employee. new text end

new text begin A certified third-party tester must not be an employee of the
department.
new text end

new text begin Subd. 3. new text end

new text begin Employment. new text end

new text begin A certified third-party tester must have a certificate for each
third-party testing program that employs the tester. The tester must reapply and be approved
for a new certificate to conduct tests on behalf of a new third-party testing program. The
tester may be simultaneously employed by more than one program.
new text end

new text begin Subd. 4. new text end

new text begin Maintaining certification. new text end

new text begin To maintain certification as a third-party tester, an
individual must:
new text end

new text begin (1) conduct at least 12 road tests annually over each 24-month period from the date of
initial issuance of a third-party tester certificate;
new text end

new text begin (2) be evaluated at least annually on the administration of tests and record keeping;
new text end

new text begin (3) attend annual in-service training, workshops, or seminars provided by the
commissioner, provided that the requirements are the same as the requirements for testers
employed by the department;
new text end

new text begin (4) submit monthly testing reports in a format specified by the commissioner; and
new text end

new text begin (5) account for all records of examination issued by the commissioner to a third-party
tester and submit the record of examination immediately to the commissioner after completing
a road test.
new text end

new text begin The requirements of this section must be the same as the requirements for testers employed
by the department.
new text end

new text begin Subd. 5. new text end

new text begin Limitation. new text end

new text begin A third-party tester is subject to the same rules and regulations as
testers employed by the state, including but not limited to background checks. The third-party
tester must pay the cost for a required background check. The commissioner is prohibited
from imposing any criteria or requirements on third-party testing programs or third-party
testers that are not specified by this section.
new text end

Sec. 11.

new text begin [171.76] CERTIFICATES AND LETTER OF APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Tester certificates. new text end

new text begin The commissioner shall issue a certificate to each
approved third-party tester of a third-party testing program. The third-party testing program
must keep a copy of the certificate of each third-party tester employed by the program on
file in the office of the program. A third-party tester's certificate is effective on the date of
issuance by the commissioner and expires four years after issuance. A third-party tester
may not conduct road tests without a valid third-party tester certificate. A certificate issued
to a third-party tester is not transferable.
new text end

new text begin Subd. 2. new text end

new text begin Certificate renewal time frame. new text end

new text begin A third-party tester must submit an application
for renewal of the tester's certificate to the commissioner no less than 30 days before the
date the previously issued certificate expires.
new text end

Sec. 12.

new text begin [171.77] TEST PROOF.
new text end

new text begin The third-party testing program shall provide a record of examination, on a format
approved by the commissioner, to an individual who has passed a road test for a class D
driver's license. The record of examination, which must be presented at the time of application
for a class D driver's license, must specify that the individual has passed the required test
or tests administered by the third-party testing program.
new text end

Sec. 13.

new text begin [171.78] AUDITS.
new text end

new text begin Subdivision 1. new text end

new text begin Random examinations, inspections, and audits. new text end

new text begin A third-party testing
program shall agree to allow representatives of the commissioner, on behalf of the state, to
conduct random examinations, inspections, and audits of the testing operation without prior
notice.
new text end

new text begin Subd. 2. new text end

new text begin On-site inspections. new text end

new text begin A third-party testing program shall permit on-site
inspections by agents of the commissioner as necessary to determine compliance with
sections 171.70 to 171.82.
new text end

new text begin Subd. 3. new text end

new text begin Examination of test administration. new text end

new text begin On at least an annual basis, agents of the
commissioner who are state employees must be permitted to:
new text end

new text begin (1) take the tests actually administered by the third-party testing program as if the state
employees were test applicants;
new text end

new text begin (2) test a sample of drivers who were examined by the third-party testing program to
compare passing and failing results; or
new text end

new text begin (3) conduct a road test simultaneously with the third-party tester to compare test results.
new text end

new text begin Subd. 4. new text end

new text begin Notice of test schedule. new text end

new text begin Upon request, no less than 48 hours in advance, the
third-party testing program shall provide the commissioner with the schedule times and
dates that skills tests and road tests are to be given.
new text end

Sec. 14.

new text begin [171.79] TEST ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Road tests conducted by a third-party tester must meet the
requirements in Minnesota Rules, parts 7410.4800 to 7410.5380. The commissioner is
prohibited from imposing additional test administration criteria or requirements on third-party
testers.
new text end

new text begin Subd. 2. new text end

new text begin Third-party tester restrictions. new text end

new text begin A third-party tester shall not:
new text end

new text begin (1) delegate any portion of testing to another individual;
new text end

new text begin (2) test a person related to the tester by blood, marriage, or adoption;
new text end

new text begin (3) test anyone with a physical disability who may need an individualized restriction
added to the person's driver's license; or
new text end

new text begin (4) test anyone who has not completed all course work and training before administering
a road test.
new text end

Sec. 15.

new text begin [171.80] RECORD KEEPING; REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Records of administered tests. new text end

new text begin An approved third-party testing program
shall maintain at the program's administrative offices, for a minimum of three years, the
tester's copy of the record of examination of any driver for whom the third-party testing
program conducts a test, whether or not the driver passes or fails the test. Each record of
examination must include:
new text end

new text begin (1) the full name of the driver;
new text end

new text begin (2) the date the driver took the test; and
new text end

new text begin (3) the name and certificate number of the third-party tester conducting the test.
new text end

new text begin Subd. 2. new text end

new text begin Records of third-party testers. new text end

new text begin The third-party testing program shall maintain
at the program's administrative offices a record of each third-party tester in the employ of
the third-party testing program at that location. Each record must include:
new text end

new text begin (1) a valid and complete tester certificate indicating the third-party tester has met all
qualifications;
new text end

new text begin (2) a copy of the third-party tester's current driving record, which must be updated
annually; and
new text end

new text begin (3) evidence that the third-party tester is an employee of the third-party testing program.
new text end

new text begin Subd. 3. new text end

new text begin Record retention. new text end

new text begin The third-party testing program shall retain all third-party
tester records for three years after a third-party tester leaves the employ of the third-party
testing program.
new text end

new text begin Subd. 4. new text end

new text begin Reporting requirements. new text end

new text begin The third-party testing program shall report the
number of road tests administered annually by all third-party testers employed by the
program. The report must be in writing or in an electronic format approved by the
commissioner and must be received by the commissioner within 45 days of the end of each
calendar year.
new text end

new text begin Subd. 5. new text end

new text begin Data Practices Act. new text end

new text begin All third-party testing programs and third-party testers are
subject to section 13.05, subdivision 11.
new text end

Sec. 16.

new text begin [171.81] NOTIFICATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin In general. new text end

new text begin The third-party testing program shall ensure that the
commissioner is notified in writing or by electronic means:
new text end

new text begin (1) 30 days before any change in the third-party testing program's name or address;
new text end

new text begin (2) ten days before any change in the third-party tester employed by the third-party
testing program;
new text end

new text begin (3) within ten days of a change in a third-party tester's driving status;
new text end

new text begin (4) within ten days of the third-party testing program ceasing business operations in
Minnesota; or
new text end

new text begin (5) within ten days of a third-party tester:
new text end

new text begin (i) receiving notice from any state that the tester's driving privileges have been withdrawn;
or
new text end

new text begin (ii) failing to comply with the third-party testing program or third-party tester
requirements in sections 171.70 to 171.82.
new text end

new text begin Subd. 2. new text end

new text begin Test route change. new text end

new text begin Before changing a test route, a third-party testing program
must submit a written request and obtain written approval from the commissioner for any
proposed change in the road test route. The request may be submitted by facsimile or e-mail.
new text end

new text begin Subd. 3. new text end

new text begin Tester change. new text end

new text begin A third-party tester shall notify the commissioner within ten
days of leaving the employ of a third-party testing program.
new text end

Sec. 17.

new text begin [171.82] INVESTIGATIONS, DENIAL, CANCELLATION, OR
SUSPENSION OF PROGRAM OR TESTER; APPEAL.
new text end

new text begin Subdivision 1. new text end

new text begin Investigations. new text end

new text begin The commissioner must establish a process to investigate
alleged violations of the law and complaints made against third-party testers. The third-party
tester must be given notice of an investigation and be allowed to participate in the
investigation.
new text end

new text begin Subd. 2. new text end

new text begin Denial. new text end

new text begin The commissioner may deny an application for a third-party testing
program or tester certificate if the applicant does not qualify for approval or certification
under sections 171.70 to 171.81. In addition, a misstatement or misrepresentation is grounds
for denying a letter of approval or tester certificate.
new text end

new text begin Subd. 3. new text end

new text begin Cancellation or suspension. new text end

new text begin The commissioner may cancel the approval of a
third-party testing program or third-party tester or may suspend a program or tester for:
new text end

new text begin (1) failure to comply with or satisfy any provision of sections 171.70 to 171.81;
new text end

new text begin (2) falsification of any records or information relating to the third-party testing program;
new text end

new text begin (3) performance in a manner that compromises the integrity of the third-party testing
program. The commissioner must use the same standards of integrity for state-employed
testers and third-party testers; or
new text end

new text begin (4) the withdrawal of a third-party tester's driving privileges.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner's discretion. new text end

new text begin (a) The existence of grounds for cancellation or
suspension under subdivision 3 is determined at the sole discretion of the commissioner. If
the commissioner determines that grounds for cancellation or suspension exist for failure
to comply with or satisfy any requirement in sections 171.70 to 171.81, the commissioner
may immediately cancel or suspend the third-party testing program or third-party tester
from administering any further tests.
new text end

new text begin (b) When an application to be a third-party testing program or third-party tester
application is denied, or when individual program approval or a tester's certificate is canceled,
a notice must be mailed to the subject indicating the reasons for the denial or cancellation
and that the third-party testing program or third-party tester may appeal the decision as
provided in subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Correction order. new text end

new text begin If an audit by the commissioner identifies a situation that
needs correction but does not merit suspension or cancellation, the commissioner may issue
a correction order to a third-party tester or program for 30 days to correct a deficiency before
the program or tester becomes subject to suspension or cancellation. The notice must include
the basis for requiring the correction. The notice must notify the individual of the ability to
appeal the correction order as provided in subdivision 6. The third-party testing program
or third-party tester is permitted 30 days to correct the deficiency without having to reapply.
new text end

new text begin Subd. 6. new text end

new text begin Notice of denial or cancellation; request for reconsideration and hearing. new text end

new text begin (a)
Within 20 calendar days of receiving a notice of cancellation or denial issued pursuant to
subdivision 4 or correction order issued pursuant to subdivision 5, the third-party testing
program or third-party tester may submit a request for reconsideration in writing to the
commissioner. The commissioner shall review the request for reconsideration and issue a
decision within 30 days of receipt of the request. Upon receipt of the commissioner's decision,
the affected party may request a contested case hearing under chapter 14.
new text end

new text begin (b) Within 20 calendar days of receiving a notice of cancellation or denial issued pursuant
to subdivision 4 or a correction order issued pursuant to subdivision 5, the affected party
may request a contested case hearing.
new text end

new text begin (c) If a correction order issued pursuant to subdivision 5 is appealed under paragraph
(a) or (b), the commissioner must not enforce the correction order until the appeal is complete.
new text end

Sec. 18.

new text begin [171.83] THIRD-PARTY BEHIND-THE-WHEEL COMMERCIAL
DRIVER'S LICENSE EXAMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
have the meanings given.
new text end

new text begin (b) "Applicant" means the individual or entity applying to be a third-party tester program
or a third-party tester.
new text end

new text begin (c) "Behind-the-wheel examination" means the actual physical demonstration of ability
to exercise ordinary and reasonable control in the operation of a motor vehicle as required
in section 171.13, subdivision 1, paragraph (a), clause (4).
new text end

new text begin (d) "Third-party tester" or "tester" means an individual who is an employee of a
third-party testing program and is authorized by the commissioner to conduct the
behind-the-wheel examination for a commercial driver's license.
new text end

new text begin (e) "Third-party testing program" or "program" means a program approved by the
commissioner to administer the behind-the-wheel examination conducted by a third-party
tester.
new text end

new text begin Subd. 2. new text end

new text begin Third-party testing program; application. new text end

new text begin (a) A third-party testing program
applicant must apply in the manner specified by the commissioner for approval to administer
the behind-the-wheel examination. A third-party testing program may administer the
behind-the-wheel examination under this section if the program is approved by the
commissioner.
new text end

new text begin (b) A program application to the commissioner must include:
new text end

new text begin (1) the business or entity name;
new text end

new text begin (2) a business registration number if a business or tax identification number if a nonprofit
entity;
new text end

new text begin (3) mailing address, telephone number, fax number, and e-mail address of the
administrative office;
new text end

new text begin (4) the name of an authorized official responsible for the program and application and
the official's title and telephone number;
new text end

new text begin (5) a map, drawing, or written description of each test route to be used for
behind-the-wheel examinations;
new text end

new text begin (6) the name, birth date, home address, and driver's license number of all individuals
the applicant wants to employ as a certified third-party tester;
new text end

new text begin (7) the amount for fees that will be charged; and
new text end

new text begin (8) a surety bond, in the amount prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Third-party testing program; office location. new text end

new text begin To qualify as a third-party
testing program, the applicant must be located in Minnesota and must maintain an
administrative office in at least one permanent, regularly occupied building with a permanent
address.
new text end

new text begin Subd. 4. new text end

new text begin Third-party testing program; evaluation and approval. new text end

new text begin (a) The commissioner
must evaluate each application submitted by a third-party testing program applicant. If the
application is satisfactory, the commissioner must approve the application.
new text end

new text begin (b) Upon approval of a third-party testing program application, the commissioner must
issue a letter of approval designating the third-party testing program. The letter of approval
constitutes an agreement between the state and the third-party testing program that authorizes
the program to administer the behind-the-wheel examination for a commercial driver's
license.
new text end

new text begin (c) A letter of approval to operate a third-party testing program is not transferable.
new text end

new text begin Subd. 5. new text end

new text begin Third-party tester; authority. new text end

new text begin (a) An individual may conduct the
behind-the-wheel examination for a commercial driver's license under this section if the
person:
new text end

new text begin (1) is a third-party tester;
new text end

new text begin (2) possesses a valid third-party tester certificate, as provided in subdivision 6; and
new text end

new text begin (3) meets the requirements under Minnesota Rules, chapter 7410, and Code of Federal
Regulations, title 49, part 383.
new text end

new text begin (b) A third-party tester is subject to the same requirements as examiners employed by
the state, including but not limited to background checks. The third-party tester must pay
the cost for a required background check.
new text end

new text begin Subd. 6. new text end

new text begin Third-party tester; certificates. new text end

new text begin (a) The commissioner must issue a third-party
tester certificate to an individual who satisfactorily completes the required training and is
authorized as a third-party tester.
new text end

new text begin (b) A third-party tester certificate is effective on the date of issuance and expires four
years after issuance. A third-party tester must submit an application for renewal of the
certificate to the commissioner no less than 30 days before the date the previously issued
certificate expires.
new text end

new text begin (c) The third-party testing program must keep a copy of the certificate of each third-party
tester employed by the program on file in the administrative office of the program.
new text end

new text begin (d) A third-party tester certificate is not transferable.
new text end

new text begin Subd. 7. new text end

new text begin Training and information. new text end

new text begin (a) The commissioner must provide a training
process that allows an individual to become authorized as a third-party tester.
new text end

new text begin (b) The commissioner must provide to each third-party tester all relevant information
on how to conduct the behind-the-wheel examination. At a minimum, the commissioner
must provide:
new text end

new text begin (1) the criteria on which applicants for a commercial driver's license must be tested
during the behind-the-wheel examination;
new text end

new text begin (2) the method of scoring and evaluating the applicant;
new text end

new text begin (3) the method and criteria for determining test routes; and
new text end

new text begin (4) the necessary documentation to conduct the examination.
new text end

new text begin Subd. 8. new text end

new text begin Examinations. new text end

new text begin (a) A third-party tester must conduct the commercial driver's
license behind-the-wheel examination in the manner and subject to the requirements of this
section; section 171.131; Minnesota Rules, chapter 7410; and Code of Federal Regulations,
title 49, part 383; and as prescribed by the commissioner.
new text end

new text begin (b) If the third-party tester also provides behind-the-wheel instruction for student drivers
or employees, the third-party tester must not use the same routes for training and conducting
the behind-the-wheel examination.
new text end

new text begin (c) Upon passage of the behind-the-wheel examination, the third-party tester must provide
the person with certification of passage of the examination. The certification must be in a
form prescribed by the commissioner.
new text end

new text begin Subd. 9. new text end

new text begin Prohibited examinations. new text end

new text begin A third-party tester must not conduct a
behind-the-wheel examination of a person:
new text end

new text begin (1) to whom the third-party tester has provided skills training, as prohibited in Code of
Federal Regulations, title 49, part 383; or
new text end

new text begin (2) who is required to be examined by the commissioner under section 171.13, subdivision
3, and Minnesota Rules, parts 7410.2400 and 7410.2610.
new text end

new text begin Subd. 10. new text end

new text begin Indemnification. new text end

new text begin The department shall be held harmless for any claims, losses,
damages, costs, and other proceedings made, sustained, brought, or prosecuted in any manner
based on or occasioned by or attributive to any injury, infringement, or damage rising from
any act or omission of the third-party tester or the third-party testing program in the
performance of examination duties.
new text end

new text begin Subd. 11. new text end

new text begin Oversight. new text end

new text begin (a) The commissioner must monitor and audit the behind-the-wheel
examinations conducted by third-party testers.
new text end

new text begin (b) The commissioner must establish a process to investigate violations of the law and
complaints made against third-party testers. The commissioner may investigate complaints,
issue corrective orders, and discontinue authorization of a third-party program or third-party
tester that fails to comply with state laws and regulations as provided in paragraph (d).
new text end

new text begin (c) The commissioner must (1) notify a third-party program and any relevant third-party
testers of an audit or investigation, (2) allow the third-party program and any third-party
testers to participate in an investigation, and (3) provide the results of an audit or investigation
to the third-party program and any third-party testers.
new text end

new text begin (d) The commissioner may deny, cancel, or suspend a third-party program or third-party
tester certificate or issue a corrections order to a third-party tester or program in the manner
specified in section 171.82.
new text end

new text begin Subd. 12. new text end

new text begin Application. new text end

new text begin This section does not apply to the commissioner or employees
of the state that conduct the behind-the-wheel examination.
new text end

new text begin Subd. 13. new text end

new text begin Rulemaking. new text end

new text begin The commissioner must not adopt new rules or amend existing
rules to implement the requirements of this section. Except where otherwise provided by
this section, the commissioner shall apply applicable provisions from Minnesota Rules,
parts 7410.6000 to 7410.6540, to third-party testing of commercial driver's licenses.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 19. new text begin CLASS D DRIVER'S LICENSE ROAD EXAMS.
new text end

new text begin The commissioner of public safety must conduct written and road examinations for class
D or commercial drivers' licenses as long as exams can be conducted in a manner that
ensures personal protective measures for applicants and examiners and complies with
guidance and recommendations related to the infectious disease known as COVID-19,
provided from the Centers for Disease Control and Prevention and the Minnesota Department
of Health.
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. 20. new text begin IMPLEMENTATION.
new text end

new text begin The commissioner of public safety must implement the requirements of this act with
existing resources. The commissioner must not hire additional staff to implement the
requirements of this act or to conduct audits as required by Minnesota Statutes, section
171.78.
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. 21. new text begin EFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective August 1, 2020.
new text end