Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2271 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to motor vehicles; authorizing driver's license agents to conduct
3	3	1.3 behind-the-wheel road tests for class D drivers' licenses; specifying requirements
4	4	1.4 and criteria; requiring audits; allowing appeals of decisions made by the
5	5	1.5 commissioner of public safety; amending Minnesota Statutes 2024, section 171.13,
6	6	1.6 subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 171.13, subdivision 1, is amended to read:
9	9	1.9 Subdivision 1.Examination subjects and locations; provisions for color blindness,
10	10	1.10disabled veterans.(a) Except as otherwise provided in this section, each applicant for a
11	11	1.11driver's license must pass the examination required by this section before being issued a
12	12	1.12driver's license. Except as otherwise provided in this section by sections 171.70 to 171.82,
13	13	1.13the commissioner must examine each applicant for a driver's license by such agency as the
14	14	1.14commissioner directs conduct the examination. This examination must include:
15	15	1.15 (1) a test of the applicant's eyesight, provided that this requirement is met by submission
16	16	1.16of a vision examination certificate under section 171.06, subdivision 7;
17	17	1.17 (2) a test of the applicant's ability to read and understand highway signs regulating,
18	18	1.18warning, and directing traffic;
19	19	1.19 (3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
20	20	1.20drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
21	21	1.21penalties and financial consequences resulting from violations of laws prohibiting the
22	22	1.22operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
23	23	1.23grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
24	24	1Section 1.
25	25	25-02669 as introduced01/23/25 REVISOR KRB/DG
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 2271NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: LUCERO)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading03/06/2025
32	32	Referred to Transportation 2.1transportation safety, including the significance of school bus lights, signals, stop arm, and
33	33	2.2passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
34	34	2.3dangers of carbon monoxide poisoning;
35	35	2.4 (4) an actual demonstration of ability to exercise ordinary and reasonable control in the
36	36	2.5operation of a motor vehicle; and
37	37	2.6 (5) other physical and mental examinations as the commissioner finds necessary to
38	38	2.7determine the applicant's fitness to operate a motor vehicle safely upon the highways.
39	39	2.8 (b) Notwithstanding paragraph (a), the commissioner must not deny an application for
40	40	2.9a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
41	41	2.10color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
42	42	2.11operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
43	43	2.12a license, must be granted such license.
44	44	2.13 (c) The commissioner must ensure that an applicant may take an exam either in the
45	45	2.14county where the applicant resides or in an adjacent county at a reasonably convenient
46	46	2.15location. The schedule for each exam station must be posted on the department's website.
47	47	2.16 (d) The commissioner shall must ensure that an applicant is able to obtain an appointment
48	48	2.17for an examination to demonstrate ability under paragraph (a), clause (4), within 14 days
49	49	2.18of the applicant's request if, under the applicable statutes and rules of the commissioner,
50	50	2.19the applicant is eligible to take the examination.
51	51	2.20 (e) The commissioner must provide real-time information on the department's website
52	52	2.21about the availability and location of exam appointments. The website must show offered
53	53	2.22by the department and include the next available exam dates and times for each exam station.
54	54	2.23The website must also provide an option for a person to enter an address to see the date and
55	55	2.24time of the next available exam at each exam station sorted by distance from the address
56	56	2.25provided.
57	57	2.26 Sec. 2. [171.70] DEFINITIONS.
58	58	2.27 (a) For purposes of sections 171.70 to 171.82, the following terms have the meanings
59	59	2.28given.
60	60	2.29 (b) "Applicant" means a driver's license agent or full-service provider as defined under
61	61	2.30section 168.002, subdivision 12a, applying for approval to be a deputy testing program.
62	62	2.31 (c) "Letter of approval" means the document issued by the commissioner to the deputy
63	63	2.32testing program authorizing the program to administer road tests for class D drivers' licenses.
64	64	2Sec. 2.
65	65	25-02669 as introduced01/23/25 REVISOR KRB/DG 3.1 (d) "Road test" means the actual physical demonstration of the ability to exercise ordinary
66	66	3.2and reasonable control in the operation of a motor vehicle as required by section 171.13,
67	67	3.3subdivision 1, paragraph (a), clause (4).
68	68	3.4 (e) "Deputy tester" means an individual who is an employee of a deputy testing program
69	69	3.5who has qualified for a deputy tester certificate issued by the commissioner, granting the
70	70	3.6individual authorization to conduct road tests for class D drivers' licenses.
71	71	3.7 (f) "Deputy tester certificate" means a certificate issued by the commissioner to the
72	72	3.8deputy tester authorizing the deputy tester to administer road tests for class D drivers' licenses
73	73	3.9on behalf of a specified deputy testing program.
74	74	3.10 (g) "Deputy testing program" means a driver's license agent or full-service provider
75	75	3.11authorized by the commissioner to administer the road test for a class D driver's license to
76	76	3.12an individual.
77	77	3.13 Sec. 3. [171.71] DEPUTY TESTER; AUTHORIZATION.
78	78	3.14 The commissioner must allow a deputy tester that complies with the requirements of
79	79	3.15sections 171.70 to 171.82 to conduct road tests for individuals applying for class D drivers'
80	80	3.16licenses.
81	81	3.17 Sec. 4. [171.72] PROGRAM APPLICATION; APPROVAL.
82	82	3.18 Subdivision 1.Application.An applicant seeking authorization to administer road tests
83	83	3.19for class D drivers' licenses must apply to the commissioner for approval. The applicant
84	84	3.20must submit the application to the commissioner and provide the information required in
85	85	3.21subdivision 2. A deputy testing program or deputy tester employed by the program must
86	86	3.22not conduct road tests until the program is approved by the commissioner.
87	87	3.23 Subd. 2.Application contents.To apply for approval as a deputy testing program, an
88	88	3.24applicant must complete an application containing the following information:
89	89	3.25 (1) applicant name and contact information;
90	90	3.26 (2) name of the authorized person responsible for the program and application and the
91	91	3.27person's title and telephone number;
92	92	3.28 (3) a map, drawing, or written description of the test route to be used for road tests;
93	93	3.29 (4) the name, birth date, home address, and driver's license number of all individuals
94	94	3.30the applicant intends to employ as a certified deputy tester;
95	95	3Sec. 4.
96	96	25-02669 as introduced01/23/25 REVISOR KRB/DG 4.1 (5) an attestation that the applicant carries the required insurance, as described in chapter
97	97	4.265B, for all vehicles used for testing; and
98	98	4.3 (6) an attestation by the authorized person that the information is true and accurate.
99	99	4.4 Subd. 3.Employment of certified tester.The applicant must employ one or more
100	100	4.5certified deputy testers who meet the qualifications in section 171.75.
101	101	4.6 Subd. 4.Evaluation.The commissioner must evaluate the application submitted by the
102	102	4.7deputy testing program applicant. If the application is satisfactory, the commissioner must
103	103	4.8approve the application.
104	104	4.9 Subd. 5.Limitation.The commissioner is prohibited from imposing any criteria or
105	105	4.10requirements that are not specified by this section.
106	106	4.11 Subd. 6.Commissioner's letter of approval.Upon approval of an application submitted
107	107	4.12under this section, the commissioner must issue a letter of approval to designate a deputy
108	108	4.13testing program. The letter of approval constitutes an agreement between the state and the
109	109	4.14deputy testing program administering road tests for class D drivers' licenses. A letter of
110	110	4.15approval issued under this section is not transferable.
111	111	4.16 Sec. 5. [171.73] INDEMNIFICATION.
112	112	4.17 An applicant under section 171.72 must agree to indemnify and hold harmless the state
113	113	4.18and all state officers, employees, and agents of the state from and against all claims, losses,
114	114	4.19damages, costs, and other proceedings made, sustained, brought, or prosecuted in any manner
115	115	4.20based on or occasioned by or attributive to any injury, infringement, or damage rising from
116	116	4.21any act or omission of the deputy testing program or the program's employees in the
117	117	4.22performance of testing duties.
118	118	4.23 Sec. 6. [171.74] USE OF CERTIFIED DEPUTY TESTERS.
119	119	4.24 The deputy testing program must allow only individuals who have been certified by the
120	120	4.25commissioner as deputy testers under sections 171.75 and 171.76 to administer road tests.
121	121	4.26The program must maintain on file in the program's administrative office a copy of the valid
122	122	4.27certificate of each deputy tester employed by the program.
123	123	4.28 Sec. 7. [171.75] DEPUTY TESTER QUALIFICATIONS.
124	124	4.29 Subdivision 1.Generally.An individual seeking certification as a deputy tester must
125	125	4.30apply to the commissioner for approval. An individual seeking certification must submit
126	126	4.31an application to the commissioner and meet the requirements specified in subdivision 2.
127	127	4Sec. 7.
128	128	25-02669 as introduced01/23/25 REVISOR KRB/DG 5.1 Subd. 2.Requirements.To be certified as a deputy tester, the individual must:
129	129	5.2 (1) possess a valid driver's license;
130	130	5.3 (2) be 21 years of age or older;
131	131	5.4 (3) be a licensed driver in a state of the United States for the past three years;
132	132	5.5 (4) before the date of application, have maintained continuous valid driving privileges
133	133	5.6for the past year;
134	134	5.7 (5) successfully pass a prequalifying tester examination;
135	135	5.8 (6) be an employee of a deputy testing program;
136	136	5.9 (7) successfully complete the test administration training required of state-employed
137	137	5.10examiners; and
138	138	5.11 (8) have the class of driver's license and endorsements to operate the types of vehicles
139	139	5.12for which the road tests are administered.
140	140	5.13The examination and training required by clauses (5) and (7) must be identical for
141	141	5.14state-employed examiners and deputy testers.
142	142	5.15 Subd. 3.Employment; state employee prohibition.A certified deputy tester must have
143	143	5.16a certificate for each deputy testing program that employs the tester. The tester must reapply
144	144	5.17and be approved for a new certificate to conduct tests on behalf of a new deputy testing
145	145	5.18program. The tester may be simultaneously employed by more than one program. A certified
146	146	5.19deputy tester must not be an employee of the department.
147	147	5.20 Subd. 4.Maintaining certification.To maintain certification as a deputy tester, an
148	148	5.21individual must:
149	149	5.22 (1) conduct at least 12 road tests annually from the date of initial issuance of a deputy
150	150	5.23tester certificate;
151	151	5.24 (2) be evaluated at least annually on the administration of tests and record keeping;
152	152	5.25 (3) attend annual in-service training, workshops, or seminars provided by the
153	153	5.26commissioner, provided that the requirements are the same as testers employed by the
154	154	5.27department;
155	155	5.28 (4) submit monthly testing reports in a format specified by the commissioner; and
156	156	5.29 (5) account for all records of examinations issued by the commissioner to a deputy tester
157	157	5.30and submit the record of examination immediately to the commissioner after completing a
158	158	5.31road test.
159	159	5Sec. 7.
160	160	25-02669 as introduced01/23/25 REVISOR KRB/DG 6.1 Subd. 5.Limitation.The commissioner is prohibited from imposing any criteria or
161	161	6.2requirements on deputy testing programs or deputy testers that are not specified by this
162	162	6.3section.
163	163	6.4 Sec. 8. [171.76] CERTIFICATES AND LETTER OF APPROVAL.
164	164	6.5 Subdivision 1.Tester certificates.Upon approval of an application submitted under
165	165	6.6section 171.75, the commissioner must issue a certificate to each approved deputy tester of
166	166	6.7a deputy testing program. The deputy testing program must keep a copy of the certificate
167	167	6.8of each deputy tester employed by the program on file in the office of the program. A deputy
168	168	6.9tester's certificate is effective on the date of issuance by the commissioner and expires four
169	169	6.10years after issuance. A deputy tester may not conduct road tests without a valid deputy tester
170	170	6.11certificate. A certificate issued to a deputy tester is not transferable.
171	171	6.12 Subd. 2.Certificate renewal time frame.A deputy tester must submit an application
172	172	6.13for renewal of the tester's certificate to the commissioner no less than 30 days before the
173	173	6.14previously issued certificate expires.
174	174	6.15 Sec. 9. [171.77] TEST PROOF.
175	175	6.16 The deputy testing program must provide a record of examination, on a form obtained
176	176	6.17from or approved by the commissioner, to an individual who has passed a road test for a
177	177	6.18class D driver's license. The record of examination, which must be presented at the time of
178	178	6.19application for a class D driver's license, must specify that the individual has passed the
179	179	6.20required test or tests administered by the deputy testing program.
180	180	6.21 Sec. 10. [171.78] AUDITS.
181	181	6.22 Subdivision 1.Random examinations; inspections; audits.A deputy testing program
182	182	6.23approved by the commissioner must allow representatives of the commissioner, on behalf
183	183	6.24of the state, to conduct random examinations, inspections, and audits of the testing operation
184	184	6.25without prior notice.
185	185	6.26 Subd. 2.On-site inspections.A deputy testing program must permit on-site inspections
186	186	6.27by agents of the commissioner as necessary to determine compliance with sections 171.70
187	187	6.28to 171.82.
188	188	6.29 Subd. 3.Examination of test administration.On at least an annual basis, agents of the
189	189	6.30commissioner who are state employees must be permitted to:
190	190	6Sec. 10.
191	191	25-02669 as introduced01/23/25 REVISOR KRB/DG 7.1 (1) take the tests actually administered by the deputy testing program as if the state
192	192	7.2employees were test applicants;
193	193	7.3 (2) test a sample of drivers who were examined by the deputy testing program to compare
194	194	7.4passing and failing results; or
195	195	7.5 (3) conduct a road test simultaneously with the deputy tester to compare test results.
196	196	7.6 Subd. 4.Notice of test schedule.Upon request, and no less than 48 hours in advance,
197	197	7.7the deputy testing program must provide the commissioner with the scheduled times and
198	198	7.8dates that skill tests and road tests are to be given.
199	199	7.9 Sec. 11. [171.79] TEST ADMINISTRATION.
200	200	7.10 Subdivision 1.Generally.Road tests conducted by a deputy tester must meet the
201	201	7.11requirements in Minnesota Rules, parts 7410.4800 to 7410.5380. The commissioner is
202	202	7.12prohibited from imposing additional test administration criteria or requirements on deputy
203	203	7.13testers.
204	204	7.14 Subd. 2.Deputy tester restrictions.A deputy tester must not:
205	205	7.15 (1) delegate any portion of testing to another individual;
206	206	7.16 (2) be the spouse, fiancé, grandparent, parent, child, sibling, or legal guardian, including
207	207	7.17adoptive, half-, step-, and in-law relationships, of the person taking the test;
208	208	7.18 (3) test anyone with a physical disability who may need an individualized restriction
209	209	7.19added to the person's driver's license; or
210	210	7.20 (4) test anyone who has not completed all required coursework and training before
211	211	7.21administering a road test.
212	212	7.22 Sec. 12. [171.80] RECORD KEEPING; REPORTING REQUIREMENTS.
213	213	7.23 Subdivision 1.Records of administered tests.An approved deputy testing program
214	214	7.24must maintain, at the program's administrative office for a minimum of three years, the
215	215	7.25tester's copy of the record of examination of any driver for whom the deputy testing program
216	216	7.26conducts a test, whether or not the driver passes or fails the test. Each record of examination
217	217	7.27must include the:
218	218	7.28 (1) full name of the driver;
219	219	7.29 (2) date the driver took the test; and
220	220	7.30 (3) name and certificate number of the deputy tester conducting the test.
221	221	7Sec. 12.
222	222	25-02669 as introduced01/23/25 REVISOR KRB/DG 8.1 Subd. 2.Records of deputy testers.The deputy testing program must maintain, at the
223	223	8.2program's administrative office, a record of each deputy tester in the employ of the deputy
224	224	8.3testing program at that location. Each record must include:
225	225	8.4 (1) a valid and complete tester certificate indicating the deputy tester has met all
226	226	8.5qualifications;
227	227	8.6 (2) a copy of the deputy tester's current driving record, which must be updated annually;
228	228	8.7and
229	229	8.8 (3) evidence that the deputy tester is an employee of the deputy testing program.
230	230	8.9 Subd. 3.Record retention.The deputy testing program must retain all deputy tester
231	231	8.10records for three years after a deputy tester leaves the employ of the deputy testing program.
232	232	8.11 Subd. 4.Reporting requirements.The deputy testing program must report the number
233	233	8.12of road tests administered annually by all deputy testers employed by the program. The
234	234	8.13report must be in writing or in an electronic format approved by the commissioner and must
235	235	8.14be received by the commissioner within 45 days of the end of each calendar year.
236	236	8.15 Subd. 5.Data Practices Act.All deputy testing programs and deputy testers are subject
237	237	8.16to section 13.05, subdivision 11.
238	238	8.17 Sec. 13. [171.81] NOTIFICATION REQUIREMENTS.
239	239	8.18 Subdivision 1.Generally.The deputy testing program must ensure that the commissioner
240	240	8.19is notified in writing or electronically:
241	241	8.20 (1) ten days before a deputy tester leaves the employ of the deputy testing program;
242	242	8.21 (2) within ten days of a change in a deputy tester's driving status;
243	243	8.22 (3) within ten days of the deputy testing program ceasing operations in Minnesota; or
244	244	8.23 (4) within ten days of a deputy tester:
245	245	8.24 (i) receiving notice from any state that the tester's driving privileges have been withdrawn;
246	246	8.25or
247	247	8.26 (ii) failing to comply with the deputy testing program or deputy tester requirements in
248	248	8.27sections 171.70 to 171.82.
249	249	8.28 Subd. 2.Test route change.Before changing a test route, a deputy testing program must
250	250	8.29submit a written request and obtain written approval from the commissioner for any proposed
251	251	8.30change in the road test route. The request may be submitted by facsimile or email.
252	252	8Sec. 13.
253	253	25-02669 as introduced01/23/25 REVISOR KRB/DG 9.1 Subd. 3.Tester change.A deputy tester must notify the commissioner within ten days
254	254	9.2of leaving the employ of a deputy testing program.
255	255	9.3 Sec. 14. [171.82] DENIAL, CANCELLATION, OR SUSPENSION OF PROGRAM
256	256	9.4OR TESTER; APPEAL.
257	257	9.5 Subdivision 1.Denial.The commissioner may deny an application for a deputy testing
258	258	9.6program or tester certificate if the applicant does not qualify for approval or certification
259	259	9.7under sections 171.70 to 171.81. A misstatement or misrepresentation on the application is
260	260	9.8grounds for denying a letter of approval or tester certificate.
261	261	9.9 Subd. 2.Cancellation or suspension.The commissioner may cancel the approval of a
262	262	9.10deputy testing program or deputy tester or may suspend a program or tester for:
263	263	9.11 (1) failure to comply with or satisfy any provision of sections 171.70 to 171.81;
264	264	9.12 (2) falsification of any records or information relating to the deputy testing program;
265	265	9.13 (3) performance in a manner that compromises the integrity of the deputy testing program.
266	266	9.14The commissioner must use the same standards of integrity for state-employed testers and
267	267	9.15deputy testers; or
268	268	9.16 (4) the withdrawal of a deputy tester's driving privileges.
269	269	9.17 Subd. 3.Commissioner's discretion.(a) The existence of grounds for cancellation or
270	270	9.18suspension under subdivision 2 is determined at the sole discretion of the commissioner. If
271	271	9.19the commissioner determines that grounds for cancellation or suspension exist for failure
272	272	9.20to comply with or satisfy any requirement in sections 171.70 to 171.81, the commissioner
273	273	9.21may immediately cancel or suspend the deputy testing program or deputy tester from
274	274	9.22administering any further tests.
275	275	9.23 (b) When an application to be a deputy testing program or deputy tester is denied, or
276	276	9.24when an individual program approval or a tester's certificate is canceled, notice must be
277	277	9.25mailed to the subject indicating the reasons for the denial or cancellation and that the deputy
278	278	9.26testing program or deputy tester may appeal the decision as provided in subdivision 5.
279	279	9.27 Subd. 4.Correction order.If an audit by the commissioner identifies a situation that
280	280	9.28needs correction but does not merit suspension or cancellation, the commissioner may issue
281	281	9.29a correction order to a deputy tester or program within 30 days to correct a deficiency before
282	282	9.30the program or tester becomes subject to suspension or cancellation. The notice must include
283	283	9.31the basis for requiring the correction. The notice must notify the individual of the ability to
284	284	9Sec. 14.
285	285	25-02669 as introduced01/23/25 REVISOR KRB/DG 10.1appeal the correction order as provided in subdivision 5. The deputy testing program or
286	286	10.2deputy tester is allowed 30 days to correct the deficiency without having to reapply.
287	287	10.3 Subd. 5.Notice of denial or cancellation; request for reconsideration and hearing.(a)
288	288	10.4Within 20 calendar days of receiving a notice of cancellation or denial issued pursuant to
289	289	10.5subdivision 3 or a correction order issued pursuant to subdivision 4, the deputy testing
290	290	10.6program or deputy tester may submit a request for reconsideration in writing to the
291	291	10.7commissioner. The commissioner must review the request for reconsideration and issue a
292	292	10.8decision within 30 days of receipt of the request. Upon receipt of the commissioner's decision,
293	293	10.9the affected party may initiate a contested case proceeding under chapter 14.
294	294	10.10 (b) As an alternative to the process in paragraph (a), the affected party may initiate a
295	295	10.11contested case proceeding within 20 calendar days of receiving a notice of cancellation or
296	296	10.12denial issued pursuant to subdivision 3 or a correction order issued pursuant to subdivision
297	297	10.134.
298	298	10.14 (c) If a correction order issued pursuant to subdivision 4 is contested as provided in
299	299	10.15paragraph (a) or (b), the commissioner must not enforce the correction order until a final
300	300	10.16decision has been made following the contested case proceeding.
301	301	10.17Sec. 15. IMPLEMENTATION.
302	302	10.18 The commissioner of public safety must implement the requirements of this act with
303	303	10.19existing resources. The commissioner must not hire additional staff to implement the
304	304	10.20requirements of this act or to conduct audits as required by Minnesota Statutes, section
305	305	10.21171.78.
306	306	10.22Sec. 16. EFFECTIVE DATE.
307	307	10.23 This act is effective August 1, 2025.
308	308	10Sec. 16.
309	309	25-02669 as introduced01/23/25 REVISOR KRB/DG