SF 766

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

A bill for an act
relating to drivers' licenses; modifying provision relating to driving instruction
permits for home-school students; amending Minnesota Statutes 2008, section
171.05, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, 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) 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's status
as a homeschool student new text begin presently engaged in home education new text end has been certified by the
deleted text begin superintendent of the school district in which the student resides deleted text end new text begin student's parent or
guardian, the student's parent or guardian complies with necessary reporting requirements
for providing education instruction new text end , and the student is taking new text begin (A) new text end home-classroom driver
training with classroom materials approved by the commissioner of public safety new text begin , or (B)
an Internet-based theory driver education program that is approved by the commissioner
of public safety new text end ;

(2) has completed the classroom new text begin or Internet-based theory new text end phase of instruction deleted text begin in the
driver education program deleted 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) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) 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,
adult spouse, adult close family member, or adult employer; and

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

(b) 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.