SF 368

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 12:37pm

A bill for an act
relating to public safety; drivers' licenses; driver education; modifying and
clarifying provisions relating to instruction permits; establishing a Novice Driver
Education Improvement Task Force; appropriating money; amending Minnesota
Statutes 2012, sections 171.05, subdivision 2; 171.0701, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, 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 is enrolled in either:

(i) the applicant is enrolled in behind-the-wheel training at 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

(ii) the applicant:

(A) has successfully completed the classroom phase of instruction in 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 (B) has successfully
completed home school driver training, 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 home school and home-classroom
driver training status on the form approved by the commissioner; or

(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;

(2) has completed the classroom phase of instruction in the driver education program;

(3) (2) has passed a test of the applicant's eyesight;

(4) (3) has passed a department-administered test of the applicant's knowledge
of traffic laws;

(5) (4) 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, (v) the foster parent or the director of the transitional living program in which the
child resides or, in the event a person under the age of 18 has no living father, mother, or
guardian, or then (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 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, foster
parent, program director, adult spouse, adult close family member, or adult employer; and

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

(b) For the purposes of determining compliance with the certification of paragraph
(a), clause (1), item (ii), subitem (B), 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.

Sec. 2.

Minnesota Statutes 2012, section 171.0701, is amended by adding a subdivision
to read:

Subd. 1a.

Novice Driver Education Improvement Task Force.

(a) The
commissioner shall establish a Novice Driver Education Improvement Task Force. The
task force is established to ensure driver education programs in Minnesota meet the Novice
Teen Driver Education and Training Administrative Standards published by the United
States Department of Transportation, National Highway Traffic Safety Administration.

(b) The task force shall consist of the following individuals:

(1) two representatives from the Minnesota Association of Student Councils;

(2) two representatives from citizen advocacy groups that focus on traffic safety,
such as Mothers Against Drunk Driving and Minnesotans for Safe Driving;

(3) two representatives from law enforcement organizations, such as the Minnesota
Chiefs of Police Association and the Minnesota Sheriffs' Association;

(4) two representatives from traffic safety organizations, such as the American
Automobile Association and the Minnesota Safety Council;

(5) two representatives from parent groups, such as the Minnesota PTA; and

(6) ten driver educators from nonprofit professional membership organizations, such
as the Minnesota Driver and Traffic Safety Education Association.

(c) A novice driver education improvement account is established in the trunk
highway fund. $200,000 is appropriated annually from the trunk highway fund for the
novice driver education improvement account. The appropriation shall be used to fund the
task force's activities, including any necessary rulemaking or grants for driver education
curriculum improvement. Administrative costs must not account for more than five
percent of the annual appropriation.

(d) The task force shall report on its activities to the house and senate committees
having jurisdiction over transportation policy and finance each year on or before January 15.

(e) This subdivision expires once the house and senate committees having
jurisdiction over transportation policy and finance determines:

(1) Minnesota's driver education programs conform to the national standards
referenced in paragraph (a); or

(2) Minnesota's driver education programs need not conform with the national
standards referenced in paragraph (a).