S.F. No. 3226 allows individuals that are not employed by the state to conduct behind-the-wheel exams for people applying for driver’s licenses. These individuals are referred to as third-party testers. This bill sets up requirements for this program and also allows the commissioner of public safety to enact rules to implement the law.

Section 1. Examination subjects and locations; provisions for color blindness, disabled veterans. The commissioner must conduct examinations of driver’s license applicants except as provided by section 2. This section is effective January 1, 2022.

Section 2. Third-party tester; behind-the-wheel examination. This subdivision authorizes third-parties to conduct behind-the-wheel examinations for individuals applying for a driver’s license.

Subd. 1. Definition. Defines terms for the section.

Subd. 2. Third-party tester; authority. A third-party tester may conduct class D behind-the-wheel examinations after the person completes the training process. The third-party tester is subject to the same rules as state examiners.

Subd. 3. Examination. The third-party tester must conduct the exam in the same manner as the exams conducted by the commissioner. The commissioner must provide to the third-party tester all relevant information necessary to conduct the tests. When an applicant passes the exam, the third-party tester provides the applicant with a certificate that is presented to the driver’s license agent when applying for a driver’s license.

Subd. 4. Records; data. The third-party tester must maintain a record for each applicant that takes the exam. Immediately after completing an exam, the third-party tester must submit the record to the commissioner of public safety. The tester must also submit monthly reports to the commissioner. The third-party testers are subject to the Data Practices Act.

Subd. 5. Prohibitions. The third-party tester must not conduct a test of a person whom the tester knows personally.

Subd. 6. Oversight. The commissioner of public safety must monitor and audit the exams conducted by third-party testers. The commissioner must establish a process to investigate violations of the law and complaints made against the third-party testers. The commissioner may issue corrective actions and discontinue the authorization to conduct tests. The tester must be given notice of the investigation and be allowed to participate in the investigation.

Subd. 7. Indemnification. An applicant for a driver’s license must agree to indemnify and hold harmless the third-party tester and the state from all claims made based on any injury or damage rising from any act or omission of the tester in performance of examination duties. 

This section is effective January 1, 2022.

Section 3. Rulemaking. The commissioner of public safety may amend existing rules or adopt permanent rules to implement this act. This grant of rulemaking expires on January 1, 2022. This section is effective the day following final enactment.

ACS/syl