The Honorable Joan Anderson Growe
Secretary of State

The State of Minnesota

Dear Ms. Growe:

It is my honor to inform you that I have allowed Resolution No. 6, H. F. No. 3250, to be filed without my signature.

H. F. No. 3250, A resolution memorializing the President and Congress of the United States to enact the Aircraft Repair Station Safety Act of 1997.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 668, relating to occupations; enacting the Industrial Hygienist and Safety Professional Title Protection Act; providing title protection to the professions of industrial hygiene and safety.

H. F. No. 2601, relating to commerce; regulating lien or claim waivers and subcontractor payments in building and construction contracts; modifying the redemption period for property sold at a mechanic's lien foreclosure sale.

H. F. No. 2612, relating to highways; designating the State Trooper Timothy J. Bowe Memorial Highway.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:

H. F. No. 2500, relating to financial institutions; limiting customer liability for loss or theft of a debit card.

H. F. No. 2895, relating to insurance; including secondary property covered by a township mutual fire insurance company; modifying permitted investments for township mutual companies.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Joan Anderson Growe
Secretary of State

The State of Minnesota

Dear Ms. Growe:

It is my honor to inform you that I have allowed Chapter 296, H. F. No. 2222, to become law without my signature.

H. F. No. 2222, relating to cartways; providing for the establishment of cartways in certain circumstances.

Warmest regards,

Arne H. Carlson

Governor

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1998 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
3250 Resolution No. 6 March 18
2699 Resolution No. 7 March 18
2163 285 10:07 a.m. March 18 March 18
2516 286 10:09 a.m. March 18 March 18
668 288 11:25 a.m. March 18 March 18
2601 289 11:28 a.m. March 18 March 18
2612 290 11:28 a.m. March 18 March 18
2230 291 10:09 a.m. March 18 March 18
2574 292 11:10 a.m. March 18 March 18
2608 293 11:12 a.m. March 18 March 18
3068 294 11:20 a.m. March 18 March 18
2500 295 4:32 p.m. March 18 March 18
2222 296 March 18
2895 297 4:40 p.m. March 18 March 18
2945 298 4:30 p.m. March 18 March 18
2266 299 4:34 p.m. March 18 March 18
2570 300 4:40 p.m. March 18 March 18
1076 301 4:25 p.m. March 18 March 18
2384 302 4:24 p.m. March 18 March 18
1583 303 4:20 p.m. March 18 March 18
2041 304 4:17 p.m. March 18 March 18

Sincerely,

Joan Anderson Growe
Secretary of State

Solberg from the Committee on Ways and Means to which was referred:

section 609.215 prohibiting assisted suicide. "Health care" does not include intrusive mental health treatment as defined in section 253B.03, subdivision 6b, unless the durable power of attorney for health care specifically applies to decisions relating to intrusive mental health treatment also includes the establishment of a person's abode within or without the state and personal security safeguards for a person, to the extent decisions on these matters relate to the health care needs of the person.

Sec. 8. Minnesota Statutes 1996, section 145C.01, is amended by adding a subdivision to read:

Subd. 5a. [HEALTH CARE DIRECTIVE.] "Health care directive" means a written instrument that complies with section 145C.03 and includes one or more health care instructions, a health care power of attorney, or both; or a durable power of attorney for health care executed under this chapter before August 1, 1998.

Sec. 9. Minnesota Statutes 1996, section 145C.01, is amended by adding a subdivision to read:

Subd. 7a. [HEALTH CARE INSTRUCTION.] "Health care instruction" means a written statement of the principal's values, preferences, guidelines, or directions regarding health care.

Sec. 10. Minnesota Statutes 1996, section 145C.01, subdivision 8, is amended to read:

Subd. 8. [PRINCIPAL.] "Principal" means an individual age 18 or older who has executed a durable power of attorney for health care directive.

Sec. 11. Minnesota Statutes 1996, section 145C.01, is amended by adding a subdivision to read:

Subd. 9. [REASONABLY AVAILABLE.] "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the principal's health care needs.

Sec. 12. Minnesota Statutes 1996, section 145C.02, is amended to read:

145C.02 [DURABLE POWER OF ATTORNEY FOR HEALTH CARE DIRECTIVE.]

A durable power of attorney for health care under this chapter authorizes the agent to make health care decisions for the principal when the principal is unable, in the judgment of the principal's attending physician, to make or communicate health care decisions. The durable power of attorney for health care must substantially comply with the requirements of this chapter. An instrument executed prior to August 1, 1993, purporting to create a durable power of attorney for health care is valid if the document specifically authorizes the agent to make health care decisions and is executed in compliance with section 145C.03. A principal with the capacity to do so may execute a health care directive. A health care directive may include one or more health care instructions to direct health care providers, others assisting with health care, family members, and a health care agent. A health care directive may include a health care power of attorney to appoint a health care agent to make health care decisions for the principal when the principal, in the judgment of the principal's attending physician, lacks decision-making capacity, unless otherwise specified in the health care directive.

Sec. 13. Minnesota Statutes 1996, section 145C.03, is amended to read:

145C.03 [REQUIREMENTS.]

Subdivision 1. [EXECUTION LEGAL SUFFICIENCY.] A durable power of attorney for health care must be signed by the principal or in the principal's name by some other individual acting in the principal's presence and by the principal's direction. A durable power of attorney for health care must contain the date of its execution and must be witnessed or acknowledged by one of the following methods:

(2) acknowledged by the principal before a notary public who is not the agent. To be legally sufficient in this state, a health care directive must:

(1) be in writing;

(2) be dated;

(3) state the principal's name;

(4) be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal;

(5) contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and

(6) include a health care instruction, a health care power of attorney, or both.

Subd. 2. [INDIVIDUALS INELIGIBLE TO ACT AS HEALTH CARE AGENT.] (a) An individual appointed by the principal under section 145C.05, subdivision 2, paragraph (b), to make the determination of the principal's decision-making capacity is not eligible to act as the health care agent.

(b) The following individuals are not eligible to act as the health care agent in a durable power of attorney for health care, unless the individual designated appointed is related to the principal by blood, marriage, registered domestic partnership, or adoption, or unless the principal has otherwise specified in the health care directive:

(1) a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal; or

(2) an employee of a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal.

Subd. 3. [INDIVIDUALS INELIGIBLE TO ACT AS WITNESSES OR NOTARY PUBLIC.] The (a) A health care agent designated or alternate health care agent appointed in the durable power of attorney for a health care power of attorney may not act as a witness or notary public for the execution of the durable power of attorney for health care directive that includes the health care power of attorney.

(b) At least one witness to the execution of the durable power of attorney for health care directive must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution. A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal.

Sec. 14. Minnesota Statutes 1996, section 145C.04, is amended to read:

145C.04 [EXECUTED IN ANOTHER STATE.]

(a) A durable power of attorney for health care or similar document executed in another state or jurisdiction in compliance with the law of that state or jurisdiction is valid and enforceable in this state, to the extent the document is consistent with the laws of this state health care directive or similar document executed in another state or jurisdiction is legally sufficient under this chapter if it:

(1) complies with the law of the state or jurisdiction in which it was executed; or

(2) complies with section 145C.03.

Sec. 15. Minnesota Statutes 1996, section 145C.05, subdivision 1, is amended to read:

Subdivision 1. [CONTENT.] A durable power of attorney for health care directive executed pursuant to this chapter may, but need not, be in the following form:

"I appoint . . . . as my agent (my attorney in fact) to make any health care decision for me when, in the judgment of my attending physician, I am unable to make or communicate the decision myself and my agent consents to make or communicate the decision on my behalf.

My agent has the power to make any health care decision for me. This power includes the power to give consent, to refuse consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose, or treat my physical or mental condition, including giving me food or water by artificial means. My agent has the power, where consistent with the laws of this state, to make a health care decision to withhold or stop health care necessary to keep me alive. It is my intention that my agent or any alternative agent has a personal obligation to me to make health care decisions for me consistent with my expressed wishes. I understand, however, that my agent or any alternative agent has no legal duty to act.

My agent and any alternative agents have consented to act as my agent. My agent and any alternative agents have been notified that they will be nominated as a guardian or conservator for me.

My agent must act consistently with my desires as stated in this document or as otherwise made known by me to my agent.

My agent has the same right as I would have to receive, review, and obtain copies of my medical records and to consent to disclosure of those records." contained in section 145C.16.

Sec. 16. Minnesota Statutes 1996, section 145C.05, subdivision 2, is amended to read:

Subd. 2. [ADDITIONAL PROVISIONS THAT MAY BE INCLUDED.] The durable power of attorney for (a) A health care directive may include additional provisions consistent with this chapter, including, but not limited to:

(1) the designation of one or more alternative alternate health care agents to act if the named health care agent is unable, unavailable, or unwilling not reasonably available to serve;

(2) specific instructions to the agent or any alternative agents directions to joint health care agents regarding the process or standards by which the health care agents are to reach a health care decision for the principal, and a statement whether joint health care agents may act independently of one another;

(3) limitations, if any, on the right of the health care agent or any alternative alternate health care agents to receive, review, obtain copies of, and consent to the disclosure of the principal's medical records;

(4) limitations, if any, on the nomination of the health care agent as guardian or conservator of the person for purposes of section 525.544; and

(5) a document of gift for the purpose of making an anatomical gift, as set forth in sections 525.921 to 525.9224, or an amendment to, revocation of, or refusal to make an anatomical gift.;

(6) a declaration regarding intrusive mental health treatment under section 253B.03, subdivision 6d, or a statement that the health care agent is authorized to give consent for the principal under section 253B.04, subdivision 1a;

(7) a funeral directive as provided in section 149A.80, subdivision 2;

(8) limitations, if any, to the effect of dissolution or annulment of marriage or termination of domestic partnership on the appointment of a health care agent under section 145C.09, subdivision 2;

(10) health care instructions by a woman of child bearing age regarding how she would like her pregnancy, if any, to affect health care decisions made on her behalf; and

(11) health care instructions regarding artificially administered nutrition or hydration.

(b) A health care directive may include a statement of the circumstances under which the directive becomes effective other than upon the judgment of the principal's attending physician in the following situations:

(1) a principal who in good faith generally selects and depends upon spiritual means or prayer for the treatment or care of disease or remedial care and does not have an attending physician, may include a statement appointing an individual who may determine the principal's decision-making capacity; and

(2) a principal who in good faith does not generally select a physician or a health care facility for the principal's health care needs may include a statement appointing an individual who may determine the principal's decision-making capacity, provided that if the need to determine the principal's capacity arises when the principal is receiving care under the direction of an attending physician in a health care facility, the determination must be made by an attending physician after consultation with the appointed individual.

If a person appointed under clause (1) or (2) is not reasonably available and the principal is receiving care under the direction of an attending physician in a health care facility, an attending physician shall determine the principal's decision-making capacity.

(c) A health care directive may authorize a health care agent to make health care decisions for a principal even though the principal retains decision-making capacity.

Sec. 17. Minnesota Statutes 1996, section 145C.06, is amended to read:

145C.06 [WHEN EFFECTIVE.]

(a) Except as provided in paragraph (b), a durable power of attorney for A health care directive is effective for a health care decision when:

(1) it has been executed in accordance with meets the requirements of section 145C.03, subdivision 1; and

(2) the principal is unable, in the determination of the attending physician of the principal, to make or communicate that health care decision and the agent consents to make or communicate the decision lacks decision-making capacity to make the health care decision; or if other conditions for effectiveness otherwise specified by the principal have been met.

A health care directive is not effective for a health care decision when the principal, in the determination of the attending physician of the principal, recovers decision-making capacity; or if other conditions for effectiveness otherwise specified by the principal have been met.

(b) If the principal states in the durable power of attorney that the principal does not have an attending physician because the principal in good faith generally selects and depends upon spiritual means or prayer for the treatment or care of disease or remedial care, the principal may designate an individual in the durable power of attorney for health care who may certify in a writing acknowledged before a notary public that the principal is unable to make or communicate a health care decision. The requirements of section 145C.03, subdivisions 2 and 3, relating to the eligibility of a health care provider attending the principal or the provider's employee to act as an agent or witness apply to an individual designated under this paragraph.

Sec. 18. Minnesota Statutes 1996, section 145C.07, is amended to read:

145C.07 [AUTHORITY AND DUTIES OF HEALTH CARE AGENT.]

met. The agent does not have authority to consent to a voluntary commitment under chapter 253B. The physician or other health care provider shall continue to obtain the principal's informed consent to all health care decisions for which the principal is capable of informed consent has decision-making capacity, unless other conditions for effectiveness otherwise specified by the principal have been met. An alternate health care agent has authority to act if the primary health care agent is not reasonably available to act.

Subd. 2. [HEALTH CARE AGENT AS GUARDIAN.] Except as otherwise provided in the durable power of attorney for health care Unless the principal has otherwise specified in the health care directive, the appointment of the health care agent in a durable power of attorney for health care directive is considered a nomination of a guardian or conservator of the person for purposes of section 525.544.

Subd. 3. [DUTIES.] In exercising the authority under the durable power of attorney for a health care directive, the a health care agent has a duty to act in accordance with the desires of the principal as expressed in the durable power of attorney for health care, as expressed in a living will under chapter 145B or in a declaration regarding intrusive mental health treatment under section 253B.03, subdivision 6d, or as otherwise made known by the principal to the agent at any time. If the principal's desires are not known or cannot be determined from information known to the agent, the agent has a duty to act in the best interests of the principal taking into account the principal's overall medical condition and prognosis good faith. An A health care agent or any alternative alternate health care agent has a personal obligation to the principal to make health care decisions authorized by the durable health care power of attorney for health care, but this obligation does not constitute a legal duty to act.

Subd. 4. [INCONSISTENCIES AMONG DOCUMENTS.] In the event of inconsistency between the designation appointment of a proxy under chapter 145B or section 253B.03, subdivision 6d, or of an a health care agent under this chapter, the most recent designation appointment takes precedence. In the event of other inconsistencies among documents executed under this chapter, under chapter 145B, or under section 253B.03, subdivision 6d, or 525.544, or other legally sufficient documents, the provisions of the most recently executed document take precedence only to the extent of the inconsistency.

Sec. 19. Minnesota Statutes 1996, section 145C.08, is amended to read:

145C.08 [AUTHORITY TO REVIEW MEDICAL RECORDS.]

An A health care agent acting pursuant to a durable power of attorney for health care directive has the same right as the principal to receive, review, and obtain copies of medical records of the principal, and to consent to the disclosure of medical records of the principal, unless the durable power of attorney for health care expressly provides otherwise principal has otherwise specified in the health care directive.

Sec. 20. Minnesota Statutes 1996, section 145C.09, is amended to read:

145C.09 [REVOCATION OF DURABLE POWER OF ATTORNEY HEALTH CARE DIRECTIVE.]

Subdivision 1. [REVOCATION.] The A principal with the capacity to do so may revoke a durable power of attorney for health care directive in whole or in part at any time by doing any of the following:

(1) canceling, defacing, obliterating, burning, tearing, or otherwise destroying the durable power of attorney for health care directive instrument or directing another in the presence of the principal to destroy the durable power of attorney for health care directive instrument, with the intent to revoke the health care directive in whole or in part;

(2) executing a statement, in writing and dated, expressing the principal's intent to revoke the durable power of attorney for health care directive in whole or in part;

(3) verbally expressing the principal's intent to revoke the durable power of attorney for health care directive in whole or in part in the presence of two witnesses who do not have to be present at the same time; or

Subd. 2. [EFFECT OF DISSOLUTION OR ANNULMENT OF MARRIAGE OR TERMINATION OF DOMESTIC PARTNERSHIP ON APPOINTMENT OF HEALTH CARE AGENT.] Unless the durable power of attorney for health care expressly provides otherwise principal has otherwise specified in the health care directive, the appointment by the principal of the principal's spouse or registered domestic partner as health care agent under a durable health care power of attorney for health care is revoked by the commencement of proceedings for dissolution, annulment, or termination of the principal's marriage or commencement of proceedings for termination of the principal's registered domestic partnership.

Sec. 21. Minnesota Statutes 1996, section 145C.10, is amended to read:

145C.10 [PRESUMPTIONS.]

(a) The principal is presumed to have the capacity to appoint an agent to make execute a health care decisions directive and to revoke a durable power of attorney for health care directive, absent clear and convincing evidence to the contrary.

(b) A health care provider or health care agent may presume that a durable power of attorney for health care directive is valid legally sufficient absent actual knowledge to the contrary. A health care directive is presumed to be properly executed, absent clear and convincing evidence to the contrary.

It is presumed that an (c) A health care agent, and a health care provider acting pursuant to the direction of an a health care agent, are presumed to be acting in good faith and in the best interests of the principal, absent clear and convincing evidence to the contrary.

(d) A health care directive is presumed to remain in effect until the principal modifies or revokes it, absent clear and convincing evidence to the contrary.

(e) This chapter does not create a presumption concerning the intention of an individual who has not executed a durable power of attorney for health care directive and does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf of another in the absence of a durable power of attorney for health care directive.

(f) A copy of a health care directive is presumed to be a true and accurate copy of the executed original, absent clear and convincing evidence to the contrary, and must be given the same effect as an original.

For purposes of this chapter, acting in good faith means acting consistently with the desires of the principal as expressed in the durable power of attorney for health care, as expressed in a living will under chapter 145B or in a declaration regarding intrusive mental health treatment under section 253B.03, subdivision 6d, or otherwise made known by the principal to the agent. If the principal's desires are not known or cannot be determined from information known to the agent, acting in good faith means acting in the best interests of the principal, taking into account the principal's overall medical condition and prognosis.

Sec. 22. Minnesota Statutes 1996, section 145C.11, is amended to read:

145C.11 [IMMUNITIES.]

Subdivision 1. [HEALTH CARE AGENT.] An A health care agent is not subject to criminal prosecution or civil liability for any health care decision made in good faith pursuant to a durable power of attorney for health care, unless the agent has actual knowledge of the revocation of the durable power of attorney for health care if the health care agent acts in good faith.

Subd. 2. [HEALTH CARE PROVIDER.] (a) A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider acts in good faith.

(b) A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider relies on a health care decision made by the health care agent and the following requirements are satisfied:

(2) the health care provider believes in good faith that the decision is consistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known by the principal to the health care agent is acting in good faith.

(b) (c) A health care provider who administers health care necessary to keep the principal alive, despite a health care decision of the health care agent to withhold or withdraw that treatment, is not subject to criminal prosecution, civil liability, or professional disciplinary action if that health care provider promptly took all reasonable steps to:

(1) notify the health care agent of the health care provider's unwillingness to comply;

(2) document the notification in the principal's medical record; and

(3) permit the health care agent to arrange to transfer care of the principal to another health care provider willing to comply with the decision of the health care agent.

Sec. 23. Minnesota Statutes 1996, section 145C.12, is amended to read:

145C.12 [PROHIBITED PRACTICES.]

Subdivision 1. [HEALTH CARE PROVIDER.] A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan may not condition admission to a facility, or the providing of treatment or insurance, on the requirement that an individual execute a durable power of attorney for health care directive.

Subd. 2. [INSURANCE.] A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawing of health care pursuant to the direction of an a health care agent appointed pursuant to this chapter, or pursuant to the implementation of health care instructions under this chapter.

Sec. 24. [145C.16] [SUGGESTED FORM.]

The following is a suggested form of a health care directive and is not a required form.

I, . . . . . . . . . . . . . . , understand this document allows me to do ONE OR BOTH of the following:

PART I: Name another person (called the health care agent) to make health care decisions for me if I am unable to decide or speak for myself. My health care agent must make health care decisions for me based on the instructions I provide in this document (Part II), if any, the wishes I have made known to him or her, or must act in my best interest if I have not made my health care wishes known.

AND/OR

PART II: Give health care instructions to guide others making health care decisions for me. If I have named a health care agent, these instructions are to be used by the agent. These instructions may also be used by my health care providers, others assisting with my health care and my family, in the event I cannot make decisions for myself.

(I know I can change my agent or alternate agent at any time

NOTE: If you appoint an agent, you should discuss this health care directive with your agent and give your agent a copy. If you do not wish to appoint an agent, you may leave Part I blank and go to Part II.

When I am unable to decide or speak for myself, I trust and appoint . . . . . . . . . . . . . to make health care decisions for me. This person is called my health care agent.

Relationship of my health care agent to me: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number of my health care agent: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of my health care agent: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(OPTIONAL) APPOINTMENT OF ALTERNATE HEALTH CARE AGENT: If my health care agent is not reasonably available, I trust and appoint . . . . . . . . . . to be my health care agent instead.

Relationship of my alternate health care agent to me: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number of my alternate health care agent: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of my alternate health care agent: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My health care agent is automatically given the powers listed below in (A) through (D). My health care agent must follow my health care instructions in this document or any other instructions I have given to my agent. If I have not given health care instructions, then my agent must act in my best interest.

Whenever I am unable to decide or speak for myself, my health care agent has the power to:

(A) Make any health care decision for me. This includes the power to give, refuse, or withdraw consent to any care, treatment, service, or procedures. This includes deciding whether to stop or not start health care that is keeping me or might keep me alive, and deciding about intrusive mental health treatment.

(B) Choose my health care providers.

(C) Choose where I live and receive care and support when those choices relate to my health care needs.

(D) Review my medical records and have the same rights that I would have to give my medical records to other people.

If I DO NOT want my health care agent to have a power listed above in (A) through (D) OR if I want to LIMIT any power in (A) through (D), I MUST say that here:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My health care agent is NOT automatically given the powers listed below in (1) and (2). If I WANT my agent to have any of the powers in (1) and (2), I must INITIAL the line in front of the power; then my agent WILL HAVE that power.

. . (1) To decide whether to donate my organs when I die.

. . (2) To decide what will happen with my body when I die

If I want to say anything more about my health care agent's powers or limits on the powers, I can say it here:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NOTE: Complete this Part II if you wish to give health care instructions. If you appointed an agent in Part I, completing this Part II is optional but would be very helpful to your agent. However, if you chose not to appoint an agent in Part I, you MUST complete some or all of this Part II if you wish to make a valid health care directive.

These are instructions for my health care when I am unable to decide or speak for myself. These instructions must be followed (so long as they address my needs).

(I know I can change these choices or leave any of them blank)

I want you to know these things about me to help you make decisions about my health care:

My goals for my health care: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My fears about my health care: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My spiritual or religious beliefs and traditions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My beliefs about when life would be no longer worth living: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My thoughts about how my medical condition might affect my family: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(I know I can change these choices or leave any of them blank)

Many medical treatments may be used to try to improve my medical condition or to prolong my life. Examples include artificial breathing by a machine connected to a tube in the lungs, artificial feeding or fluids through tubes, attempts to start a stopped heart, surgeries, dialysis, antibiotics, and blood transfusions. Most medical treatments can be tried for a while and then stopped if they do not help.

I have these views about my health care in these situations:

(Note: You can discuss general feelings, specific treatments, or leave any of them blank)

If I had a reasonable chance of recovery, and were temporarily unable to decide or speak for myself, I would want: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If I were permanently unconscious and unable to decide or speak for myself, I would want: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If I were completely dependent on others for my care and unable to decide or speak for myself, I would want: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In all circumstances, my doctors will try to keep me comfortable and reduce my pain. This is how I feel about pain relief if it would affect my alertness or if it could shorten my life: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

There are other things that I want or do not want for my health care, if possible:

Who I would like to be my doctor: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where I would like to live to receive health care: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where I would like to die and other wishes I have about dying: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My wishes about donating parts of my body when I die: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

My wishes about what happens to my body when I die (cremation, burial): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Any other things: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This document must be signed by me. It also must either be verified by a notary public (Option 1) OR witnessed by two witnesses (Option 2). It must be dated when it is verified or witnessed.

I am thinking clearly, I agree with everything that is written in this document, and I have made this document willingly.

. . . . . . . . . . . . . . . . . . . . .

My Signature

Date signed: . . . . . . . . . . .

Date of birth: . . . . . . . . . . .

Address: . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If I cannot sign my name, I can ask someone to sign this document for me.

. . . . . . . . . . . . . . . . . . . . .

Signature of the person who I asked to sign this document for me.

. . . . . . . . . . . . . . . . . . . . .

In my presence on . . . . . . . . . . (date), . . . . . . . . . . . . (name) acknowledged his/her signature on this document or acknowledged that he/she authorized the person signing this document to sign on his/her behalf. I am not named as a health care agent or alternate health care agent in this document.

. . . . . . . . . . . . . . . . . . . . .

(Signature of Notary) (Notary Stamp)

Two witnesses must sign. Only one of the two witnesses can be a health care provider or an employee of a health care provider giving direct care to me on the day I sign this document.

Witness One:

(i) In my presence on . . . . . . . . (date), . . . . . . . . (name) acknowledged his/her signature on this document or acknowledged that he/she authorized the person signing this document to sign on his/her behalf.

(ii) I am at least 18 years of age.

(iii) I am not named as a health care agent or an alternate health care agent in this document.

(iv) If I am a health care provider or an employee of a health care provider giving direct care to the person listed above in (A), I must initial this box: [ ]

I certify that the information in (i) through (iv) is true and correct.

. . . . . . . . . . . . . . . . . . .

(Signature of Witness One)

Address: . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . .

Witness Two:

(i) In my presence on . . . . . . . (date), . . . . . . . . . (name) acknowledged his/her signature on this document or acknowledged that he/she authorized the person signing this document to sign on his/her behalf.

(ii) I am at least 18 years of age.

(iii) I am not named as a health care agent or an alternate health care agent in this document.

(iv) If I am a health care provider or an employee of a health care provider giving direct care to the person listed above in (A), I must initial this box: [ ]

I certify that the information in (i) through (iv) is true and correct.

. . . . . . . . . . . . . . . . . .

(Signature of Witness Two)

Address: . . . . . . . . . . . . . . . . . . . . .

REMINDER: Keep this document with your personal papers in a safe place (not in a safe deposit box). Give signed copies to your doctors, family, close friends, health care agent, and alternate health care agent. Make sure your doctor is willing to follow your wishes. This document should be part of your medical record at your physician's office and at the hospital, home care agency, hospice, or nursing facility where you receive your care.

Sec. 25. Minnesota Statutes 1996, section 145C.13, subdivision 1, is amended to read:

Subdivision 1. [GROSS MISDEMEANOR OFFENSES.] Whoever commits any of the following acts is guilty of a gross misdemeanor:

(1) willfully conceals, cancels, defaces, or obliterates a durable power of attorney for health care directive of a principal without the consent of the principal;

(2) willfully conceals or withholds personal knowledge of a revocation of a durable power of attorney for health care directive;

(3) falsifies or forges a durable power of attorney for health care directive or a revocation of the instrument;

(4) coerces or fraudulently induces another to execute a durable power of attorney for health care directive; or

(5) requires or prohibits the execution of a durable power of attorney for health care directive as a condition for being insured for or receiving all or some health care services.

Sec. 26. Minnesota Statutes 1996, section 145C.15, is amended to read:

145C.15 [DUTIES OF HEALTH CARE PROVIDERS TO PROVIDE LIFE-SUSTAINING HEALTH CARE.]

(a) If a proxy acting under chapter 145B or an a health care agent acting under this chapter directs the provision of health care, nutrition, or hydration that, in reasonable medical judgment, has a significant possibility of sustaining the life of the principal or declarant, a health care provider shall take all reasonable steps to ensure the provision of the directed health care, nutrition, or hydration if the provider has the legal and actual capability of providing the health care either itself or by transferring the principal or declarant to a health care provider who has that capability. Any transfer of a principal or declarant under this paragraph must be done promptly and, if necessary to preserve the life of the principal or declarant, by emergency means. This paragraph does not apply if a living will under chapter 145B or a durable power of attorney for health care directive indicates an intention to the contrary.

(b) A health care provider who is unwilling to provide directed health care under paragraph (a) that the provider has the legal and actual capability of providing may transfer the principal or declarant to another health care provider willing to provide the directed health care but the provider shall take all reasonable steps to ensure provision of the directed health care until the principal or declarant is transferred.

(c) Nothing in this section alters any legal obligation or lack of legal obligation of a health care provider to provide health care to a principal or declarant who refuses, has refused, or is unable to pay for the health care.

Sec. 27. Minnesota Statutes 1997 Supplement, section 149A.80, subdivision 2, is amended to read:

Subd. 2. [DETERMINATION OF RIGHT TO CONTROL AND DUTY OF DISPOSITION.] The right to control the disposition of the remains of a deceased person, including the location and conditions of final disposition, unless other directions have been given by the decedent pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves upon, the following in the order named:

(2) the surviving, legally recognized spouse;

(3) the surviving biological or adopted child or children of the decedent over the age of majority, provided that, in the absence of actual knowledge to the contrary, a funeral director or mortician may rely on instructions given by the child or children who represent that they are the sole surviving child, or that they constitute a majority of the surviving children;

(4) the surviving parent or parents of the decedent;

(5) the surviving biological or adopted sibling or siblings of the decedent over the age of majority, provided that, in the absence of actual knowledge to the contrary, a funeral director or mortician may rely on instructions given by the sibling or siblings who represent that they are the sole surviving sibling, or that they constitute a majority of the surviving siblings;

(6) the person or persons respectively in the next degree of kinship in the order named by law to inherit the estate of the decedent; and

(7) the appropriate public or court authority, as required by law.

For purposes of this subdivision, the appropriate public or court authority includes the county board of the county in which the death occurred if the person dies without apparent financial means to provide for final disposition or the district court in the county in which the death occurred.

Sec. 28. Minnesota Statutes 1997 Supplement, section 253B.04, subdivision 1a, is amended to read:

Subd. 1a. [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS WITH MENTAL ILLNESS.] (a) A person with a mental illness may seek or voluntarily agree to accept treatment or admission to a facility. If the mental health provider determines that the person lacks the capacity to give informed consent for the treatment or admission, and in the absence of a durable power of attorney for health care power of attorney that authorizes consent, the designated agency or its designee may give informed consent for mental health treatment or admission to a treatment facility on behalf of the person.

(b) The designated agency shall apply the following criteria in determining the person's ability to give informed consent:

(1) whether the person demonstrates an awareness of the person's illness, and the reasons for treatment, its risks, benefits and alternatives, and the possible consequences of refusing treatment; and

(2) whether the person communicates verbally or nonverbally a clear choice concerning treatment that is a reasoned one, not based on delusion, even though it may not be in the person's best interests.

(c) The basis for the designated agency's decision that the person lacks the capacity to give informed consent for treatment or admission, and that the patient has voluntarily accepted treatment or admission, must be documented in writing.

(d) A mental health provider that provides treatment in reliance on the written consent given by the designated agency under this subdivision is not civilly or criminally liable for performing treatment without consent. This paragraph does not affect any other liability that may result from the manner in which the treatment is performed.

(e) A person who receives treatment or is admitted to a facility under this subdivision has the right to refuse treatment at any time or to be released from a facility as provided under subdivision 2. The person or any interested person acting on the person's behalf may seek court review within five days for a determination of whether the person's agreement to accept treatment or admission is voluntary. At the time a person agrees to treatment or admission to a facility under this subdivision, the designated agency or its designee shall inform the person in writing of the person's rights under this paragraph.

Sec. 29. Minnesota Statutes 1997 Supplement, section 253B.07, subdivision 1, is amended to read:

Subdivision 1. [PREPETITION SCREENING.] (a) Prior to filing a petition for commitment of or early intervention for a proposed patient, an interested person shall apply to the designated agency in the county of the proposed patient's residence or presence for conduct of a preliminary investigation, except when the proposed patient has been acquitted of a crime under section 611.026 and the county attorney is required to file a petition for commitment. The designated agency shall appoint a screening team to conduct an investigation which shall include:

(i) a personal interview with the proposed patient and other individuals who appear to have knowledge of the condition of the proposed patient. If the proposed patient is not interviewed, reasons must be documented;

(ii) identification and investigation of specific alleged conduct which is the basis for application;

(iii) identification, exploration, and listing of the reasons for rejecting or recommending alternatives to involuntary placement; and

(iv) in the case of a commitment based on mental illness, the following information, if it is known or available: information that may be relevant to the administration of neuroleptic medications, if necessary, including the existence of a declaration under section 253B.03, subdivision 6d, or a durable power of attorney for health care directive under chapter 145C or a guardian, conservator, proxy, or attorney-in-fact agent with authority to make health care decisions for the proposed patient; information regarding the capacity of the proposed patient to make decisions regarding administration of neuroleptic medication; and whether the proposed patient is likely to consent or refuse consent to administration of the medication.

(b) In conducting the investigation required by this subdivision, the screening team shall have access to all relevant medical records of proposed patients currently in treatment facilities. Data collected pursuant to this clause shall be considered private data on individuals. The prepetition screening report is not admissible in any court proceedings unrelated to the commitment proceedings.

(c) When the prepetition screening team recommends commitment, a written report shall be sent to the county attorney for the county in which the petition is to be filed.

(d) The prepetition screening team shall refuse to support a petition if the investigation does not disclose evidence sufficient to support commitment. Notice of the prepetition screening team's decision shall be provided to the prospective petitioner.

(e) If the interested person wishes to proceed with a petition contrary to the recommendation of the prepetition screening team, application may be made directly to the county attorney, who may determine whether or not to proceed with the petition. Notice of the county attorney's determination shall be provided to the interested party.

(f) If the proposed patient has been acquitted of a crime under section 611.026, the county attorney shall apply to the designated county agency in the county in which the acquittal took place for a preliminary investigation unless substantially the same information relevant to the proposed patient's current mental condition, as could be obtained by a preliminary investigation, is part of the court record in the criminal proceeding or is contained in the report of a mental examination conducted in connection with the criminal proceeding. If a court petitions for commitment pursuant to the rules of criminal or juvenile procedure or a county attorney petitions pursuant to acquittal of a criminal charge under section 611.026, the prepetition investigation, if required by this section, shall be completed within seven days after the filing of the petition.

Sec. 30. Minnesota Statutes 1997 Supplement, section 253B.092, subdivision 2, is amended to read:

Subd. 2. [ADMINISTRATION WITHOUT JUDICIAL REVIEW.] Neuroleptic medications may be administered without judicial review in the following circumstances:

(2) the patient does not have the present capacity to consent to the administration of neuroleptic medication, but prepared a durable power of attorney for health care directive under chapter 145C or a declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an agent or proxy to request treatment, and the agent or proxy has requested the treatment;

(3) a substitute decision-maker appointed by the court consents to the administration of the neuroleptic medication and the patient does not refuse administration of the medication; or

(4) the substitute decision-maker does not consent or the patient is refusing medication, and the patient is in an emergency situation.

Sec. 31. Minnesota Statutes 1997 Supplement, section 253B.092, subdivision 6, is amended to read:

Subd. 6. [PATIENTS WITHOUT CAPACITY TO MAKE INFORMED DECISION; SUBSTITUTE DECISION-MAKER.] (a) Upon request of any person, and upon a showing that administration of neuroleptic medications may be recommended and that the person may lack capacity to make decisions regarding the administration of neuroleptic medication, the court shall appoint a substitute decision-maker with authority to consent to the administration of neuroleptic medication as provided in this section. The substitute decision-maker must be an individual or a community or institutional multidisciplinary panel designated by the local mental health authority. In appointing a substitute decision-maker, the court shall give preference to a guardian or conservator, proxy, or attorney-in-fact health care agent with authority to make health care decisions for the patient. The court may provide for the payment of a reasonable fee to the substitute decision-maker for services under this section or may appoint a volunteer.

(b) If the person's treating physician recommends treatment with neuroleptic medication, the substitute decision-maker may give or withhold consent to the administration of the medication, based on the standards under subdivision 7. If the substitute decision-maker gives informed consent to the treatment and the person does not refuse, the substitute decision-maker shall provide written consent to the treating physician and the medication may be administered. The substitute decision-maker shall also notify the court that consent has been given. If the substitute decision-maker refuses or withdraws consent or the person refuses the medication, neuroleptic medication may not be administered to the person without a court order or in an emergency.

(c) A substitute decision-maker appointed under this section has access to the pertinent sections of the patient's health records on the past or present administration of medication. The designated agency or a person involved in the patient's physical or mental health care may disclose information to the substitute decision-maker for the sole purpose of performing the responsibilities under this section.

(d) At a hearing under section 253B.08, the petitioner has the burden of proving incapacity by a preponderance of the evidence. If a substitute decision-maker has been appointed by the court, the court shall make findings regarding the patient's capacity to make decisions regarding the administration of neuroleptic medications and affirm or reverse its appointment of a substitute decision-maker. If the court affirms the appointment of the substitute decision-maker, and if the substitute decision-maker has consented to the administration of the medication and the patient has not refused, the court shall make findings that the substitute decision-maker has consented and the treatment is authorized. If a substitute decision-maker has not yet been appointed, upon request the court shall make findings regarding the patient's capacity and appoint a substitute decision-maker if appropriate.

(e) If an order for civil commitment or early intervention did not provide for the appointment of a substitute decision-maker or for the administration of neuroleptic medication, the treatment facility may later request the appointment of a substitute decision-maker upon a showing that administration of neuroleptic medications is recommended and that the person lacks capacity to make decisions regarding the administration of neuroleptic medications. A hearing is not required in order to administer the neuroleptic medication unless requested under subdivision 10 or if the substitute decision-maker withholds or refuses consent or the person refuses the medication.

If the substitute decision-maker withdraws consent or the patient refuses consent, neuroleptic medication may not be administered without a court order.

(g) If there is no hearing after the preliminary hearing, then the court shall, upon the request of any interested party, review the reasonableness of the substitute decision-maker's decision based on the standards under subdivision 7. The court shall enter an order upholding or reversing the decision within seven days.

Sec. 32. Minnesota Statutes 1996, section 525.55, subdivision 1, is amended to read:

Subdivision 1. [TIME OF NOTICE; TO WHOM GIVEN.] In all cases, upon the filing of the petition the court shall fix the time and place for the hearing and shall order that notice be given of the hearing. At least 14 days prior to the hearing, personal service of the notice shall be made upon the proposed ward or conservatee. Notice by mail postmarked at least 14 days before the hearing shall also be served on:

(1) the spouse, parents, adult children, brothers and sisters,;

(2) a health care agent or proxy appointed pursuant to a health care directive as defined in section 145C.01, a living will under chapter 145B, or other similar document executed in another state and enforceable under the laws of this state; and,

(3) if none of those in clause (1) or (2) are alive or can be located, on the nearest kindred as determined by the court, and on any other persons the court may direct, by mail postmarked at least 14 days prior to the hearing.

If the person is a patient or, resident, or client of any hospital, nursing home, home care agency, or other institution, notice by mail shall also be given to the administrative head of the institution. If the person is a nonresident or if after diligent search cannot be found in this state, notice shall be given in the manner and to those persons as the court may determine.

Sec. 33. Minnesota Statutes 1996, section 525.55, subdivision 2, is amended to read:

Subd. 2. [FORM; SERVICE.] The notice shall be written in language which can be easily understood. Included with the notice shall be a copy of the petition. The notice shall contain information regarding the nature, purpose and legal effects of the guardianship or conservatorship proceedings on the proposed ward or conservatee. The notice shall state that the person may be adjudged incapable of self care for person or property, and by reason thereof, a guardian or conservator may be appointed, and that the adjudication may transfer to the appointed guardian or conservator certain rights, including the right to manage and control property, to enter into contracts and to determine residence. The notice shall further contain information regarding the rights of the proposed ward or conservatee in the proceeding, including the right to attend the hearing, to be represented by an attorney, to oppose the proceeding, and to present evidence. The notice shall state that if the proposed ward or conservatee wishes to exercise the right to be represented by an attorney, that person must either obtain counsel of choice, or ask the court to appoint an attorney to represent that person, and that the county shall pay a reasonable attorney's fee if that person is indigent. The procedure for requesting a court appointed attorney shall be described in the notice. If the proposed ward or conservatee is a patient, resident, or client of any hospital, nursing home, home care agency, or other institution, the notice must further require the institution to advise the court of the existence, if known, of a health care directive, as defined in section 145C.01, executed by the proposed ward or conservatee, a living will executed under chapter 145B, or any other similar document executed in another state and enforceable under the laws of this state.

The process server shall inquire whether the proposed ward or conservatee desires the notice and petition to be read to that person, and shall read the notice and petition if requested to do so. In place of a process server, the court may appoint a visitor to deliver the notice and petition and explain them to the proposed ward or conservatee.

Sec. 34. Minnesota Statutes 1996, section 525.551, subdivision 1, is amended to read:

physician's knowledge, if any, of the existence of a health care directive, as defined in section 145C.01, executed by the proposed ward or conservatee, a living will executed under chapter 145B, or any other similar document executed in another state and enforceable under the laws of this state. In any instance in which a proposed ward or conservatee is absent from the hearing, the court shall specify in its findings of fact the reason for nonattendance.

If a visitor delivered the notice and petition pursuant to section 525.55 and the proposed ward or conservatee has waived the right to attend the hearing, the visitor may testify as to the notice and any waiver of the right to appear in person, and as to other matters which may assist the court in determining the need for a guardian or conservator and the extent of the power to be granted.

Sec. 35. Minnesota Statutes 1996, section 525.551, subdivision 5, is amended to read:

Subd. 5. [FINDINGS.] In all cases the court shall make specific written findings of fact, state separately its conclusions of law, and direct the entry of an appropriate judgment or order.

If upon completion of the hearing and consideration of the record the court finds: (a) that the requirements for the voluntary appointment of a conservator or guardian have been met, or (b)(1) that the proposed ward or conservatee is incapacitated as defined in section 525.54; and (2) in need of the supervision and protection of a guardian or conservator; and (3) that no appropriate alternatives to the guardianship or conservatorship exist which are less restrictive of the person's civil rights and liberties, such as those set forth in section 525.54, subdivision 7, it shall enter its order or judgment granting all of the powers set out in section 525.56, subdivision 3, in the case of a guardian of the person, and section 525.56, subdivision 4, in the case of a guardian of the estate, or specifying the powers of the conservator pursuant to section 525.56. The court shall make a finding that appointment of the person chosen as guardian or conservator is in the best interests of the ward or conservatee. Except as provided in section 525.544, subdivision 1, if more than one person has petitioned the court to serve as guardian or conservator, or if the petition is contested, the court shall make a finding that the person to be appointed as guardian or conservator is the most suitable and best qualified person among those who are available before making the appointment. The court's finding as to the best available guardian must specifically address the reasons for the court's determination that the appointment of that person is in the best interests of the ward or conservatee. The court must also clarify the respective legal authorities of a guardian or conservator appointed under this chapter and any existing health care agent or proxy appointed under a health care directive as defined in section 145C.01, a living will under chapter 145B, or other similar document executed in another state and enforceable under the laws of this state.

The court may enumerate in its findings which legal rights the proposed ward or conservatee is incapable of exercising.

Sec. 36. Minnesota Statutes 1996, section 525.9212, is amended to read:

525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL GIFTS, BY OTHERS.]

(a) Any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent has made a refusal to make that anatomical gift that is unrevoked at the time of death:

(1) the spouse of the decedent;

(2) an adult son or daughter of the decedent;

(3) either parent of the decedent;

(4) an adult brother or sister of the decedent;

(5) a grandparent of the decedent; and

(b) An anatomical gift may not be made by a person listed in paragraph (a) if:

(1) a person in a prior class is available at the time of death to make an anatomical gift;

(2) the person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or

(3) the person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or a prior class.

(c) An anatomical gift by a person authorized under paragraph (a) must be made by (i) a document of gift signed by the person, or (ii) the person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.

(d) An anatomical gift by a person authorized under paragraph (a) may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation.

(e) A failure to make a decision as to an anatomical gift under paragraph (a) is not an objection to the making of an anatomical gift.

Sec. 37. Minnesota Statutes 1996, section 609.215, subdivision 3, is amended to read:

Subd. 3. [ACTS OR OMISSIONS NOT CONSIDERED AIDING SUICIDE OR AIDING ATTEMPTED SUICIDE.] (a) A health care provider, as defined in section 145B.02, subdivision 6, who administers, prescribes, or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, does not violate this section unless the medications or procedures are knowingly administered, prescribed, or dispensed to cause death.

(b) A health care provider, as defined in section 145B.02, subdivision 6, who withholds or withdraws a life-sustaining procedure in compliance with chapter 145B or 145C or in accordance with reasonable medical practice does not violate this section.

Sec. 38. [EFFECT OF AMENDMENTS.]

A document executed prior to August 1, 1998, that purports to be a living will under Minnesota Statutes, chapter 145B, a durable power of attorney for health care under Minnesota Statutes, chapter 145C, or a declaration regarding intrusive mental health treatment under Minnesota Statutes, section 253B.03, subdivision 6a, is valid if the document:

(1) complied with the law in effect on the date it was executed; or

(2) complies with the requirements of Minnesota Statutes, section 145C.03.

If the document complied with the law in effect on the date it was executed but does not also comply with the requirements of Minnesota Statutes, section 145C.03, it shall be given effect in accordance with the laws in effect on the date it was executed, unless the document provides otherwise.

Nothing in sections 1 to 38 impairs the evidentiary effect under common law or reasonable medical practice with respect to other written or oral expressions of an individual's desires regarding health care.

Sec. 39. [EFFECTIVE DATE.]

Delete the title and insert:

"A bill for an act relating to health; modifying provisions governing advance health care directives; combining laws governing living wills and durable power of attorney for health care; amending Minnesota Statutes 1996, sections 144.335, subdivision 1; 145C.01, subdivisions 2, 3, 4, 8, and by adding subdivisions; 145C.02; 145C.03; 145C.04; 145C.05, subdivisions 1 and 2; 145C.06; 145C.07; 145C.08; 145C.09; 145C.10; 145C.11; 145C.12; 145C.13, subdivision 1; 145C.15; 525.55, subdivisions 1 and 2; 525.551, subdivisions 1 and 5; 525.9212; and 609.215, subdivision 3; Minnesota Statutes 1997 Supplement, sections 149A.80, subdivision 2; 253B.04, subdivision 1a; 253B.07, subdivision 1; and 253B.092, subdivisions 2 and 6; proposing coding for new law in Minnesota Statutes, chapters 145B; and 145C."

The motion prevailed and the amendment was adopted.

Tompkins moved to amend H. F. No. 2521, the first engrossment, as amended, as follows:

Page 15, after line 3, insert:

"(g) When a patient who lacks decision-making capacity is pregnant, and in reasonable medical judgment there is a real possibility that if health care to sustain her life and the life of the fetus is provided the fetus could survive to the point of live birth, it is presumed that such health care should be provided, even if the withholding or withdrawal of such health care would be authorized were she not pregnant. This presumption is negated by health care directive provisions described in section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in the absence of such provisions, by clear and convincing evidence that the patient's wishes, while competent, were to the contrary."

A roll call was requested and properly seconded.

The question was taken on the Tompkins amendment and the roll was called. There were 79 yeas and 49 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Erickson	Kraus	Ness	Rostberg	Van Dellen
Anderson, I.	Finseth	Krinkie	Nornes	Schumacher	Vandeveer
Bakk	Goodno	Kubly	Olson, E.	Seagren	Weaver
Bettermann	Gunther	Kuisle	Olson, M.	Seifert	Wenzel
Boudreau	Haas	Larsen	Opatz	Smith	Westfall
Bradley	Harder	Lieder	Osskopp	Stanek	Westrom
Broecker	Hasskamp	Lindner	Otremba, M.	Stang	Winter
Clark, J.	Holsten	Macklin	Ozment	Sviggum	Wolf
Commers	Juhnke	Mares	Paulsen	Swenson, H.	Workman
Daggett	Kalis	McElroy	Pelowski	Sykora
Davids	Kelso	Molnau	Peterson	Tingelstad
Dehler	Kielkucki	Mulder	Pugh	Tompkins
Dempsey	Knight	Mullery	Reuter	Tuma
Dorn	Knoblach	Murphy	Rifenberg	Tunheim

Those who voted in the negative were:

Journal of the House - 96th Day - Friday, March 20, 1998 - Top of Page 8558
Abrams	Erhardt	Jaros	Leppik	Osthoff	Tomassoni
Biernat	Evans	Jefferson	Long	Paymar	Trimble
Bishop	Farrell	Jennings	Mahon	Rest	Wagenius
Carlson	Folliard	Johnson, A.	Mariani	Rhodes	Wejcman
Chaudhary	Greenfield	Johnson, R.	Marko	Rukavina
Clark, K.	Greiling	Kahn	McCollum	Sekhon
Dawkins	Hausman	Kinkel	McGuire	Skare
Delmont	Hilty	Koskinen	Munger	Skoglund
Entenza	Huntley	Leighton	Orfield	Slawik

The motion prevailed and the amendment was adopted.

H. F. No. 2521, A bill for an act relating to health; modifying provisions governing advance health care directives; combining laws governing living wills and durable power of attorney for health care; amending Minnesota Statutes 1996, sections 144.335, subdivision 1; 145C.01, subdivisions 2, 3, 4, 8, and by adding subdivisions; 145C.02; 145C.03; 145C.04; 145C.05, subdivisions 1 and 2; 145C.06; 145C.07; 145C.08; 145C.09; 145C.10; 145C.11; 145C.12; 145C.13, subdivision 1; 145C.15; 525.55, subdivisions 1 and 2; 525.551, subdivisions 1 and 5; 525.9212; and 609.215, subdivision 3; Minnesota Statutes 1997 Supplement, sections 149A.80, subdivision 2; 253B.04, subdivision 1a; 253B.07, subdivision 1; and 253B.092, subdivisions 2 and 6; proposing coding for new law in Minnesota Statutes, chapters 145B; and 145C.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 63 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Abrams	Entenza	Huntley	Lieder	Orfield	Solberg
Bakk	Erhardt	Jaros	Long	Osthoff	Tomassoni
Biernat	Evans	Jefferson	Mahon	Paymar	Trimble
Bishop	Farrell	Jennings	Mariani	Pugh	Tunheim
Bradley	Folliard	Johnson, A.	Marko	Rest	Wagenius
Carlson	Garcia	Johnson, R.	McCollum	Rhodes	Wejcman
Chaudhary	Greenfield	Kahn	McElroy	Rukavina	Wolf
Clark, K.	Greiling	Kinkel	McGuire	Sekhon	Spk. Carruthers
Dawkins	Hausman	Koskinen	Munger	Skare
Delmont	Hilty	Leighton	Olson, E.	Skoglund
Dorn	Holsten	Leppik	Opatz	Slawik

Those who voted in the negative were:

Anderson, B.	Finseth	Kraus	Nornes	Seagren	Vandeveer
Anderson, I.	Goodno	Krinkie	Olson, M.	Seifert	Weaver
Bettermann	Gunther	Kubly	Osskopp	Smith	Wenzel
Boudreau	Haas	Kuisle	Otremba, M.	Stanek	Westfall
Broecker	Harder	Larsen	Ozment	Stang	Westrom
Clark, J.	Hasskamp	Lindner	Paulsen	Sviggum	Winter
Commers	Juhnke	Macklin	Pelowski	Swenson, H.	Workman
Daggett	Kalis	Mares	Peterson	Sykora
Davids	Kelso	Molnau	Reuter	Tingelstad
Dehler	Kielkucki	Mulder	Rifenberg	Tompkins
Dempsey	Knight	Murphy	Rostberg	Tuma
Erickson	Knoblach	Ness	Schumacher	Van Dellen

The bill was not passed, as amended.

Van Dellen moved that the vote whereby H. F. No. 2521, as amended, was not passed be now reconsidered. The motion prevailed.

H. F. No. 2521 was reported to the House.

Van Dellen moved that H. F. No. 2521, as amended, be laid on the table. The motion prevailed and H. F. No. 2521, as amended, was laid on the table.

H. F. No. 2588 was reported to the House.

Orfield moved to amend H. F. No. 2588, the second engrossment, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 15.0597, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms shall have the meanings given them.

(a) "Agency" means (1) a state board, commission, council, committee, authority, task force, including an advisory task force created under section 15.014 or 15.0593, a group created by executive order of the governor, or other similar multimember agency created by law and having statewide jurisdiction; and (2) the metropolitan council, a metropolitan agency, capitol area architectural and planning board, and any agency with a regional jurisdiction created in this state pursuant to an interstate compact.

(b) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency, or (2) a new, unfilled agency position. Vacancy includes a position that is to be filled through appointment of a nonlegislator by a legislator or group of legislators; vacancy does not mean (1) a vacant position on an agency composed exclusively of persons employed by a political subdivision or another agency, or (2) a vacancy to be filled by a person required to have a specific title or position.

(c) "Secretary" means the secretary of state.

Sec. 2. Minnesota Statutes 1996, section 204B.06, subdivision 4, is amended to read:

Subd. 4. [PARTICULAR OFFICES.] Candidates who seek nomination for the following offices shall state the following additional information on the affidavit:

(a) for United States senator, that the candidate will be 30 years of age or older and a citizen of the United States for not less than nine years on the next January 3 or, in the case of an election to fill a vacancy, within 21 days after the special election;

(b) for United States representative, that the candidate will be 25 years of age or older and a citizen of the United States for not less than seven years on the next January 3 or, in the case of an election to fill a vacancy, within 21 days after the special election;

(c) for governor or lieutenant governor, that on the first Monday of the next January the candidate will be 25 years of age or older and, on the day of the state general election, a resident of Minnesota for not less than one year;

(e) for metropolitan council, county, municipal, school district, or special district office, that the candidate meets any other qualifications for that office prescribed by law;

(f) for senator or representative in the legislature, that on the day of the general or special election to fill the office the candidate will have resided not less than one year in the state and not less than six months in the legislative district from which the candidate seeks election.

Sec. 3. Minnesota Statutes 1996, section 204B.09, subdivision 1, is amended to read:

Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL ELECTIONS.] Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, metropolitan council, state and federal offices filled at the state general election shall be filed not more than 70 days nor less than 56 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period. Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer. Candidates for presidential electors may file petitions on or before the state primary day. Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing. Affidavits and petitions for offices to be voted on in only one county shall be filed with the county auditor of that county. Affidavits and petitions for offices to be voted on in more than one county shall be filed with the secretary of state.

Sec. 4. Minnesota Statutes 1996, section 204B.09, subdivision 1a, is amended to read:

Subd. 1a. [ABSENT CANDIDATES.] A candidate for county, metropolitan council, state, or federal office who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. Nominating petitions may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed.

Sec. 5. Minnesota Statutes 1996, section 204B.11, is amended to read:

204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF FILING FEE.]

Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] Except as provided by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of candidacy. The fee shall be paid at the time the affidavit is filed. The amount of the filing fee shall vary with the office sought as follows:

(a) for the office of governor, lieutenant governor, attorney general, state auditor, state treasurer, secretary of state, representative in Congress, judge of the supreme court, judge of the court of appeals, judge of the district court, or judge of the county municipal court of Hennepin county, $300;

(b) for the office of senator in Congress, $400;

(c) for office of senator or representative in the legislature, $100;

(d) for a metropolitan council or county office, $50; and

(e) for the office of soil and water conservation district supervisor, $20.

For the office of presidential elector, and for those offices for which no compensation is provided, no filing fee is required.

When an affidavit of candidacy has been filed with the appropriate filing officer and the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient funds are not available or that is dishonored, notice to the candidate of the worthless instrument must be sent by the filing officer via registered mail no later than immediately upon the closing of the filing deadline with return receipt requested. The candidate will have five days from the time the filing officer receives proof of receipt to issue a check or other instrument for which sufficient funds are available. The candidate issuing the worthless instrument is liable for a service charge pursuant to section 332.50. If adequate payment is not made, the name of the candidate must not appear on any official ballot and the candidate is liable for all costs incurred by election officials in removing the name from the ballot.

Subd. 2. [PETITION IN PLACE OF FILING FEE.] At the time of filing an affidavit of candidacy, a candidate may present a petition in place of the filing fee. The petition may be signed by any individual eligible to vote for the candidate. A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of a filing fee if the nominating petition includes a prominent statement informing the signers of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county, metropolitan council, or legislative office, or for the office of district, county, or county municipal judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal charter, or ordinance, the lesser of 500 signatures or five percent of the total number of votes cast in the municipality, ward, or other election district at the preceding general election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in place of filing fees available upon request.

Sec. 6. Minnesota Statutes 1996, section 204B.135, subdivision 2, is amended to read:

Subd. 2. [OTHER ELECTION DISTRICTS.] For purposes of this subdivision, "local government election district" means a county district, park and recreation district, school district, metropolitan council district, or soil and water conservation district. Local government election districts, other than city wards covered by subdivision 1, may not be redistricted until precinct boundaries are reestablished under section 204B.14, subdivision 3, paragraph (c). Election districts covered by this subdivision must be redistricted within 80 days of the time when the legislature has been redistricted or at least 15 weeks before the state primary election in the year ending in two, whichever comes first.

Sec. 7. Minnesota Statutes 1996, section 204B.32, subdivision 2, is amended to read:

Subd. 2. [ALLOCATION OF ELECTION EXPENSES.] The secretary of state shall develop procedures for the allocation of election expenses among counties, municipalities, and school districts, and the metropolitan council for elections that are held concurrently. The following expenses must be included in the procedures: salaries of election judges; postage for absentee ballots and applications; preparation of polling places; preparation and testing of electronic voting systems; ballot preparation; publication of election notices and sample ballots; transportation of ballots and election supplies; and compensation for administrative expenses of the county auditor, municipal clerk, or school district clerk.

Sec. 8. Minnesota Statutes 1996, section 204D.02, subdivision 1, is amended to read:

Sec. 9. Minnesota Statutes 1996, section 204D.08, subdivision 6, is amended to read:

Subd. 6. [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] The state and county nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary Ballot." It shall be printed on canary paper. The names of candidates for nomination to the supreme court, court of appeals, district, county and county municipal courts and all metropolitan council and county offices shall be placed on this ballot.

No candidate whose name is placed on the state and county nonpartisan primary ballot shall be designated or identified as the candidate of any political party or in any other manner except as expressly provided by law.

Sec. 10. [204D.265] [VACANCY IN OFFICE OF METROPOLITAN COUNCIL MEMBER.]

Subdivision 1. [ELECTION IN 30 TO 60 DAYS.] Except as provided in subdivision 3, a vacancy in the office of metropolitan council member must be filled at a special election scheduled by the metropolitan council on a date not less than 30 nor more than 60 days after the vacancy occurs. The special primary or special election may be held on the same day as a regular primary or regular election but the special election must be held not less than 14 days after the special primary. The person elected at the special election shall take office immediately after receipt of the certificate of election and upon taking the oath of office and shall serve the remainder of the unexpired term. If the metropolitan council districts have been redrawn since the commencement of the term of the vacant office, the election shall be based on the district as redrawn.

Subd. 2. [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy for which a special election is required occurs less than 60 days before the general election preceding the end of the term, the vacancy must be filled by the person elected at that election for the ensuing term who shall take office immediately after receiving the certificate of election and taking the oath of office.

Subd. 3. [INABILITY OR REFUSAL TO SERVE.] In addition to when the events specified in section 351.02 happen, a vacancy in the office of metropolitan council member may be declared by the metropolitan council when a member is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occur, the council may, after the council by resolution has declared a vacancy to exist, make an appointment to fill the vacancy at a regular or special meeting for the remainder of the unexpired term or until the ill or absent member is again able to resume duties and attend council meetings, whichever is earlier. If the original member is again able to resume duties and attend council meetings, the council shall by resolution so determine and remove the appointed officeholder and restore the original member to office.

Sec. 11. Minnesota Statutes 1996, section 204D.27, is amended by adding a subdivision to read:

Subd. 12. [SPECIAL METROPOLITAN COUNCIL ELECTION.] (a) [STATE CANVASSING BOARD.] Except as provided in subdivision 4, the state canvassing board shall complete its canvass of a special election for metropolitan council member and declare the results within four days, excluding Sundays and legal holidays, after the returns of the county canvassing boards are certified to the secretary of state.

(b) [ELECTION CONTEST.] In case of a contest of a special election for metropolitan council member, the notice of contest must be filed within two days, excluding Sundays and legal holidays, after the canvass is completed, and the contest otherwise must proceed in the manner provided by law for contesting elections.

(c) [CERTIFICATE OF ELECTION.] A certificate of election in a special election for metropolitan council member must be issued by the county auditor or the secretary of state to the individual declared elected by the county or state canvassing board, two days, excluding Sundays and legal holidays, after the appropriate canvassing board finishes canvassing the returns for the election. In case of a contest, the certificate must not be issued until the district court determines the contest.

Sec. 12. Minnesota Statutes 1996, section 209.02, subdivision 1, is amended to read:

municipal, school, or district court office; or (2) the declared result of a constitutional amendment or other question voted upon at an election. The contest may be brought over an irregularity in the conduct of an election or canvass of votes, over the question of who received the largest number of votes legally cast, over the number of votes legally cast in favor of or against a question, or on the grounds of deliberate, serious, and material violations of the Minnesota election law.

Sec. 13. Minnesota Statutes 1996, section 211B.01, subdivision 3, is amended to read:

Subd. 3. [CANDIDATE.] "Candidate" means an individual who seeks nomination or election to a federal, statewide, metropolitan council, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties, except candidates for president and vice-president of the United States.

Sec. 14. Minnesota Statutes 1996, section 353D.01, subdivision 2, is amended to read:

Subd. 2. [ELIGIBILITY.] (a) Eligibility to participate in the defined contribution plan is available to:

(1) elected local government officials of a governmental subdivision who elect to participate in the plan under section 353D.02, subdivision 1, and who, for the elected service rendered to a governmental subdivision, are not members of the public employees retirement association within the meaning of section 353.01, subdivision 7;

(2) physicians who, if they did not elect to participate in the plan under section 353D.02, subdivision 2, would meet the definition of member under section 353.01, subdivision 7; and

(3) basic and advanced life support emergency medical service personnel employed by or providing services for any public ambulance service or privately operated ambulance service that receives an operating subsidy from a governmental entity that elects to participate under section 353D.02, subdivision 3.

(b) For purposes of this chapter, an elected local government official includes a person appointed to fill a vacancy in an elective office and a member of the metropolitan council. Service as an elected local government official only includes service for the governmental subdivision for which the official was elected by the public-at-large. Service as an elected local government official ceases and eligibility to participate terminates when the person ceases to be an elected official. An elected local government official does not include an elected county sheriff.

(c) Elected local government officials, physicians, and first response personnel and emergency medical service personnel who are currently covered by a public or private pension plan because of their employment or provision of services are not eligible to participate in the public employees defined contribution plan.

(d) A former participant is a person who has terminated eligible employment or service and has not withdrawn the value of the person's individual account.

Sec. 15. Minnesota Statutes 1996, section 473.123, subdivision 1, is amended to read:

Subdivision 1. [CREATION.] A metropolitan council with jurisdiction in the metropolitan area is established as a public corporation and political subdivision of the state. It shall be under the supervision and control of 17 members, all of whom shall be residents of the metropolitan area elected from districts as provided in section 473.124.

Sec. 16. Minnesota Statutes 1996, section 473.123, subdivision 4, is amended to read:

Subd. 4. [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES AND COMPENSATION.] (a) The chair of the metropolitan council shall be appointed by the governor as the 17th voting member thereof by and with the advice and consent of the senate to serve at the pleasure of the governor to represent the metropolitan area at large. Senate confirmation shall be as provided by section 15.066 elected by and from among the members of the council to serve a one-year term.

(b) The metropolitan council shall elect other officers as it deems necessary for the conduct of its affairs for a one-year term. A secretary and treasurer need not be members of the metropolitan council. Meeting times and places shall be fixed by the metropolitan council and special meetings may be called by a majority of the members of the metropolitan council or by the chair. The chair and each metropolitan council member shall be reimbursed for actual and necessary expenses. The annual budget of the council shall provide as a separate account anticipated expenditures for compensation, travel, and associated expenses for the chair and members, and compensation or reimbursement shall be made to the chair and members only when budgeted.

(c) Each member of the council shall attend and participate in council meetings and meet regularly with local elected officials and legislative members from the council member's district. Each council member shall serve on at least one division committee for transportation, environment, or community development.

(d) In the performance of its duties the metropolitan council may adopt policies and procedures governing its operation, establish committees, and, when specifically authorized by law, make appointments to other governmental agencies and districts.

Sec. 17. Minnesota Statutes 1996, section 473.123, subdivision 7, is amended to read:

Subd. 7. [PERFORMANCE AND BUDGET ANALYST.] The council, other than the chair, may hire a performance and budget analyst to assist the 16 council members with policy and budget analysis and evaluation of the council's performance. The analyst may recommend and the council may hire up to two additional analysts to assist the council with performance evaluation and budget analysis. The analyst and any additional analysts hired shall serve at the pleasure of the council members. The 16 members of the council may prescribe all terms and conditions for the employment of the analyst and any additional analysts hired, including, but not limited to, the fixing of compensation, benefits, and insurance. The analyst shall prepare the budget for the provisions of this section subdivision and submit the budget for council approval and inclusion in the council's overall budget.

Sec. 18. [473.124] [METROPOLITAN COUNCIL ELECTIONS.]

Subdivision 1. [NUMBER OF MEMBERS.] The metropolitan council consists of 16 members.

Subd. 2. [DISTRICTS.] (a) After each federal decennial census, the metropolitan council shall divide the metropolitan area into as many districts as there are members. Each district is entitled to elect one member. The districts must be bounded by town, municipal, ward, or precinct lines. The districts must be composed of compact, convenient, and contiguous territory and must be substantially equal in population. The population of the largest district must not exceed the population of the smallest district by more than ten percent, unless the result would force a voting precinct to be split. A metropolitan council district may not include territory in more than one county unless necessary to meet equal-population requirements. The districts must be numbered in a regular series.

(b) The districts must be redrawn within the time provided in section 204B.135, subdivision 2. Before acting to redistrict, the council shall publish three weeks' notice of its purpose, stating the time and place of the meeting where the matter will be considered, in newspapers of general circulation. The council shall file a map of the new districts with the secretary of state.

Subd. 3. [TERMS.] Members serve a term of four years, except to fill a vacancy and there must be a new election of all the members at the first election after each decennial redistricting and the members elected at that election from districts with odd numbers serve for an initial term of two years.

Subd. 4. [CONTRIBUTION LIMITS.] A candidate for the metropolitan council may not accept aggregate contributions made or delivered by an individual or committee in excess of $300 in an election year for the metropolitan council and $100 in other years.

Sec. 19. [TRANSITION.]

Sec. 20. [APPLICATION.]

This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 21. [REPEALER.]

Minnesota Statutes 1996, section 473.123, subdivisions 2a, 3, 3a, and 3c, are repealed.

Sec. 22. [EFFECTIVE DATE.]

This act is effective for the state primary in 2002 and thereafter."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Krinkie, Broecker, Larsen, Paulsen, Abrams, Commers and Knight offered an amendment to H. F. No. 2588, the second engrossment, as amended.

Long raised a point of order pursuant to rule 3.09 that the Krinkie et al amendment was not in order. The Speaker ruled the point of order well taken and the Krinkie et al amendment out of order.

Sviggum appealed the decision of the Chair.

A roll call was requested and properly seconded.

On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams	Dorn	Johnson, A.	Macklin	Paulsen	Stang
Anderson, B.	Entenza	Johnson, R.	Mahon	Paymar	Sviggum
Anderson, I.	Erhardt	Juhnke	Mares	Pelowski	Swenson, H.
Journal of the House - 96th Day - Friday, March 20, 1998 - Top of Page 8566
Bakk	Erickson	Kahn	Mariani	Peterson	Sykora
Bettermann	Evans	Kalis	Marko	Pugh	Tingelstad
Biernat	Farrell	Kelso	McElroy	Rest	Tomassoni
Bishop	Finseth	Kielkucki	McGuire	Reuter	Tompkins
Boudreau	Folliard	Kinkel	Molnau	Rhodes	Trimble
Bradley	Garcia	Knight	Mulder	Rifenberg	Tuma
Broecker	Goodno	Knoblach	Mullery	Rostberg	Tunheim
Carlson	Greenfield	Koskinen	Munger	Rukavina	Van Dellen
Chaudhary	Greiling	Kraus	Ness	Schumacher	Vandeveer
Clark, J.	Gunther	Krinkie	Nornes	Seagren	Wagenius
Clark, K.	Harder	Kubly	Olson, E.	Seifert	Wejcman
Commers	Hasskamp	Kuisle	Olson, M.	Sekhon	Wenzel
Daggett	Hausman	Larsen	Opatz	Skare	Westfall
Davids	Hilty	Leighton	Orfield	Skoglund	Westrom
Dawkins	Huntley	Leppik	Osskopp	Slawik	Winter
Dehler	Jaros	Lieder	Osthoff	Smith	Wolf
Delmont	Jefferson	Lindner	Otremba, M.	Solberg	Workman
Dempsey	Jennings	Long	Ozment	Stanek	Spk. Carruthers

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

The vote recurred on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 66 yeas and 62 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Johnson, A.	Long	Orfield	Skoglund
Bakk	Garcia	Johnson, R.	Mahon	Otremba, M.	Slawik
Biernat	Greenfield	Juhnke	Mariani	Paymar	Solberg
Carlson	Greiling	Kahn	Marko	Pelowski	Tomassoni
Chaudhary	Hasskamp	Kalis	McCollum	Peterson	Trimble
Dawkins	Hausman	Kelso	McGuire	Pugh	Tunheim
Delmont	Hilty	Kinkel	Mullery	Rest	Wagenius
Dorn	Huntley	Koskinen	Munger	Rukavina	Wejcman
Entenza	Jaros	Kubly	Murphy	Schumacher	Wenzel
Evans	Jefferson	Leighton	Olson, E.	Sekhon	Winter
Farrell	Jennings	Lieder	Opatz	Skare	Spk. Carruthers

Those who voted in the negative were:

Abrams	Dehler	Kraus	Ness	Seagren	Van Dellen
Anderson, B.	Dempsey	Krinkie	Nornes	Seifert	Vandeveer
Bettermann	Erhardt	Kuisle	Olson, M.	Smith	Weaver
Bishop	Erickson	Larsen	Osskopp	Stanek	Westfall
Boudreau	Finseth	Leppik	Osthoff	Stang	Westrom
Bradley	Goodno	Lindner	Ozment	Sviggum	Wolf
Broecker	Gunther	Macklin	Paulsen	Swenson, H.	Workman
Clark, J.	Harder	Mares	Reuter	Sykora
Commers	Kielkucki	McElroy	Rhodes	Tingelstad
Daggett	Knight	Molnau	Rifenberg	Tompkins
Davids	Knoblach	Mulder	Rostberg	Tuma

So it was the judgment of the House that the decision of the Speaker should stand.

Mulder, Rifenberg and Bettermann offered an amendment to H. F. No. 2588, the second engrossment, as amended.

Sykora offered an amendment to H. F. No. 2588, the second engrossment, as amended.

Orfield raised a point of order pursuant to rule 3.09 that the Sykora amendment was not in order. The Speaker ruled the point of order well taken and the Sykora amendment out of order.

Knoblach offered an amendment to H. F. No. 2588, the second engrossment, as amended.

Orfield raised a point of order pursuant to rule 3.09 that the Knoblach amendment was not in order. The Speaker ruled the point of order well taken and the Knoblach amendment out of order.

Olson, M., appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 69 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Johnson, R.	Mahon	Paymar	Tomassoni
Bakk	Garcia	Juhnke	Mariani	Pelowski	Trimble
Biernat	Greenfield	Kahn	Marko	Peterson	Tunheim
Carlson	Greiling	Kalis	McCollum	Pugh	Wagenius
Chaudhary	Hasskamp	Kelso	McGuire	Rest	Wejcman
Clark, K.	Hausman	Kinkel	Mullery	Rukavina	Wenzel
Dawkins	Hilty	Koskinen	Munger	Schumacher	Winter
Delmont	Huntley	Krinkie	Murphy	Sekhon	Workman
Dorn	Jaros	Kubly	Olson, E.	Skare	Spk. Carruthers
Entenza	Jefferson	Leighton	Opatz	Skoglund
Evans	Jennings	Lieder	Orfield	Slawik
Farrell	Johnson, A.	Long	Otremba, M.	Solberg

Those who voted in the negative were:

Abrams	Dehler	Knight	Mulder	Seagren	Van Dellen
Anderson, B.	Dempsey	Knoblach	Ness	Seifert	Vandeveer
Bettermann	Erhardt	Kraus	Nornes	Smith	Weaver
Bishop	Erickson	Kuisle	Olson, M.	Stanek	Westfall
Boudreau	Finseth	Larsen	Osskopp	Stang	Westrom
Bradley	Goodno	Leppik	Ozment	Sviggum	Wolf
Broecker	Gunther	Lindner	Paulsen	Swenson, H.
Clark, J.	Haas	Macklin	Reuter	Sykora
Commers	Harder	Mares	Rhodes	Tingelstad
Daggett	Holsten	McElroy	Rifenberg	Tompkins
Davids	Kielkucki	Molnau	Rostberg	Tuma

H. F. No. 2588, as amended, was read for the third time.

Orfield moved that H. F. No. 2588 be continued on Special Orders. The motion prevailed.

There being no objection, the order of business reverted to Reports of Standing Committees.

Long from the Committee on Taxes to which was referred:

H. F. No. 2944, A bill for an act relating to taxation; updating certain provisions to changes in the Internal Revenue Code; amending Minnesota Statutes 1996, sections 290.06, subdivision 2c; 290.067, subdivision 2a; 290.0921, subdivision 3a; and 290A.03, subdivision 3; Minnesota Statutes 1997 Supplement, sections 289A.02, subdivision 7; 290.01, subdivisions 19, 19a, 19c, and 31; 290.0671, subdivision 1; 290A.03, subdivision 15; and 291.005, subdivision 1.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 3084, A bill for an act relating to counties; Meeker and Kittson; authorizing economic development authorities.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Long from the Committee on Taxes to which was referred:

H. F. No. 3828, A bill for an act relating to taxation; allowing a 20 percent property tax rebate for 1998 taxes.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

Long from the Committee on Taxes to which was referred:

S. F. No. 3046, A bill for an act relating to transportation; creating surface transportation fund; dedicating motor vehicle sales tax revenues to transportation; proposing an amendment to the Minnesota Constitution by adding a section to article XIV; proposing coding for new law in Minnesota Statutes, chapter 174.

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1996, section 160.02, subdivision 7, is amended to read:

Subd. 7. [ROAD OR HIGHWAY.] "Road" or "highway" means a corridor used primarily for the transportation of persons or goods and includes, unless otherwise specified, the several kinds of highways as defined in this section, including roads designated as minimum-maintenance roads, and also cartways, together with all bridges or other structures thereon which form a part of the same.

Sec. 2. Minnesota Statutes 1996, section 160.02, is amended by adding a subdivision to read:

Subd. 7a. [HIGHWAY PURPOSE.] "Highway purpose" means a purpose that is substantially related to the establishment, preservation, construction, reconstruction, maintenance, or administration of a road or highway.

Sec. 3. Minnesota Statutes 1996, section 161.04, is amended by adding a subdivision to read:

Subd. 4. [EXPENDITURES FROM FUND.] (a) Not less than 60 percent of total expenditures in any fiscal year from the trunk highway fund must be for the preservation, construction, and reconstruction of trunk highways, including engineering and right-of-way acquisition.

(b) No money may be spent from the trunk highway fund for buildings or other capital improvements that primarily house personnel, equipment, or offices of the department of transportation.

Sec. 4. [168.651] [DEPOSIT OF REVENUES.]

Except as otherwise provided by law, all revenues received from taxes imposed under section 168.013, less any refunds authorized by this chapter, and all fees collected by the commissioner under this chapter not otherwise provided for, must be deposited in the state treasury and credited to the Minnesota transportation trust fund established under section 174.45.

Sec. 5. Minnesota Statutes 1996, section 174.01, is amended by adding a subdivision to read:

Subd. 3. [TRANSPORTATION SPENDING GOALS.] The following transportation spending goals are established:

(1) total spending per fiscal year from the trunk highway fund for construction and reconstruction of state trunk highways, not less than $500,000,000 by fiscal year 2002;

(2) total state spending per fiscal year on public transit outside the seven-county metropolitan area, not less than $15,000,000 for capital improvements and $17,000,000 for operating assistance by fiscal year 1999; and

(3) total state spending per fiscal year on public transit in the seven-county metropolitan area, not less than $32,000,000 for capital improvements and $60,000,000 for operating assistance by fiscal year 1999.

Sec. 6. [174.45] [MINNESOTA TRANSPORTATION TRUST FUND.]

Subd. 2. [TRANSPORTATION ACCOUNTS.] On the 10th day of each month the commissioner of finance shall, from money in the Minnesota transportation trust fund, credit to their respective accounts the following percentages of total revenue received in the previous month from taxes and fees imposed under chapter 168, after deductions have been made from that revenue for refunds, collection costs, state indirect costs, reimbursements to other funds, and transfers to a contingent account:

(1) to the county transportation account, 27.55 percent;

(2) to the municipal transportation account, 8.55 percent;

(3) to the town road account established in section 162.081, 1.52 percent;

(4) to the town bridge account established in section 161.082, subdivision 2a, 0.8 percent;

(5) to the county turnback account for expenditure under section 161.082, subdivisions 1 and 2, 0.88 percent; and

(6) to the municipal turnback account for expenditure under section 161.083, 0.4 percent.

Money in the county and municipal transportation accounts is appropriated to the commissioner.

Subd. 3. [COUNTY TRANSPORTATION ACCOUNT ALLOCATIONS.] At the same time the commissioner makes apportionments under section 162.06, the commissioner shall distribute amounts in the county transportation account to each county so that each county receives the same percentage of money to be distributed as its percentage for that year of county state-aid highway fund allocations. A county may spend money received under this subdivision to match federal funds available to the county for highway and transit purposes, and for any other highway or transit purpose.

Subd. 4. [MUNICIPAL TRANSPORTATION ACCOUNT.] At the same time the commissioner makes apportionments under section 162.12, the commissioner shall distribute money in the municipal transportation account to each city eligible to receive an allocation from the municipal state-aid street fund so that each city receives the same percentage of money to be distributed as its percentage for that year of municipal state-aid street fund allocations. A city may spend money received under this subdivision to match federal funds available to the city for highway and transit purposes, and for any other highway or transit purpose.

Subd. 5. [APPROPRIATIONS.] Not later than January 1 of each odd-numbered year, the commissioner shall submit to the legislature a list of recommended appropriations from the anticipated balance in the fund for the next biennium after amounts have been credited under subdivisions 2 and 3. The list must be based on the most recent state transportation plan and statewide transportation improvement program, and on the goals established under section 174.01, subdivision 2. The recommendations must provide for allocating funds to the commissioner, local road authorities, and other government and private entities those amounts that the commissioner determines are necessary to match available federal funds not matched under subdivision 2 or 3, to the extent that the anticipated balance in the fund permits, for (1) highway construction, reconstruction, improvement, and maintenance, (2) acquisition of public transit vehicles, (3) public transit capital improvements, (4) transportation enhancements, and (5) other transportation expenditures that are required to be included in a statewide transportation improvement program in order to be eligible for federal participation.

Subd. 6. [ALLOCATION OF BALANCE.] Any money remaining in the Minnesota transportation trust fund at the end of a fiscal year after amounts have been credited under subdivision 2 and appropriations made under subdivision 4 must be credited 62 percent to the trunk highway fund, 29 percent to the county state-aid highway fund, and nine percent to the municipal state-aid street fund.

Sec. 7. Minnesota Statutes 1996, section 297B.09, subdivision 1, is amended to read:

earned during that six-month period. The commissioner of finance may establish a quarterly or other schedule providing for more frequent payments to the transit assistance fund if the commissioner determines it is necessary or desirable to provide for the cash flow needs of the recipients of money from the transit assistance fund.

(b) Twenty-five percent of the money collected and received under this chapter after June 30, 1990, and before July 1, 1991, must be transferred to the highway user tax distribution fund and the transit assistance fund for apportionment as follows: 75 percent must be transferred to the highway user tax distribution fund for apportionment in the same manner and for the same purposes as other money in that fund, and the remaining 25 percent of the money must be transferred to the transit assistance fund to be appropriated to the commissioner of transportation for transit assistance within the state and to the metropolitan council.

(c) The distributions under this subdivision to the highway user tax distribution fund until June 30, 1991, and to the trunk highway fund thereafter, must be reduced by the amount necessary to fund the appropriation under section 41A.09, subdivision 1. For the fiscal years ending June 30, 1988, and June 30, 1989, the commissioner of finance, before making the transfers required on July 15 and January 15 of each year, shall estimate the amount required to fund the appropriation under section 41A.09, subdivision 1, for the six-month period for which the transfer is being made. The commissioner shall then reduce the amount transferred to the highway user tax distribution fund by the amount of that estimate. The commissioner shall reduce the estimate for any six-month period by the amount by which the estimate for the previous six-month period exceeded the amount needed to fund the appropriation under section 41A.09, subdivision 1, for that previous six-month period. If at any time during a six-month period in those fiscal years the amount of reduction in the transfer to the highway user tax distribution fund is insufficient to fund the appropriation under section 41A.09, subdivision 1, for that period, the commissioner shall transfer to the general fund from the highway user tax distribution fund an additional amount sufficient to fund the appropriation for that period, but the additional amount so transferred to the general fund in a six-month period may not exceed the amount transferred to the highway user tax distribution fund for that six-month period as follows:

(1) 20 percent to the Minnesota transportation trust fund established under section 174.45; and

(2) the remainder to the general fund.

Sec. 8. Minnesota Statutes 1996, section 299D.01, is amended by adding a subdivision to read:

Subd. 9. [APPROPRIATIONS.] Appropriations for the operations of the state patrol, other than commercial motor vehicle inspection and enforcement activities, must be from the general fund.

Sec. 9. Minnesota Statutes 1996, section 299D.03, subdivision 5, is amended to read:

Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines and forfeited bail money, from traffic and motor vehicle law violations, collected from persons apprehended or arrested by officers of the state patrol, shall be paid by the person or officer collecting the fines, forfeited bail money or installments thereof, on or before the tenth day after the last day of the month in which these moneys were collected, to the county treasurer of the county where the violation occurred. Three-eighths of these receipts shall be credited to the general revenue fund of the county. The other five-eighths of these receipts shall be transmitted by that officer to the state treasurer and shall be credited as follows:

(1) In the fiscal year ending June 30, 1991, the first $275,000 in money received by the state treasurer after June 4, 1991, must be credited to the transportation services fund, and the remainder in the fiscal year credited to the trunk highway fund.

(2) In fiscal year 1992, the first $215,000 in money received by the state treasurer in the fiscal year must be credited to the transportation services fund, and the remainder credited to the trunk highway fund.

(b) Notwithstanding any other provisions of law, all fines and forfeited bail money from violations of statutes governing the maximum weight of motor vehicles, collected from persons apprehended or arrested by employees of the state of Minnesota, by means of stationary or portable scales operated by these employees, shall be paid by the person or officer collecting the fines or forfeited bail money, on or before the tenth day after the last day of the month in which the collections were made, to the county treasurer of the county where the violation occurred. Five-eighths of these receipts shall be transmitted by that officer to the state treasurer and shall be credited to the highway user tax distribution fund. Three-eighths of these receipts shall be credited to the general revenue fund of the county.

Sec. 10. [CONSTITUTIONAL AMENDMENT PROPOSED.]

An amendment is proposed to the Minnesota Constitution, article XIV, sections 5, 9, and by adding sections.

If the amendment is adopted, article XIV, section 5, will read:

Sec. 5. There is hereby created a highway user tax distribution fund to be used solely for highway purposes as specified in this article. The fund consists of the proceeds of any taxes authorized by sections 9 and section 10 of this article. The net proceeds of the taxes shall be apportioned: 62 percent to the trunk highway fund; 29 percent to the county state-aid highway fund; nine percent to the municipal state-aid street fund. Five percent of the net proceeds of the highway user tax distribution fund may be set aside and apportioned by law to one or more of the three foregoing funds. The balance of the highway user tax distribution fund shall be transferred to the trunk highway fund, the county state-aid highway fund, and the municipal state-aid street fund in accordance with the percentages set forth in this section. No change in the apportionment of the five percent may be made within six years of the last previous change.

article XIV, section 9, will read:

Sec. 9. The legislature by law may tax motor vehicles using the public streets and highways on a more onerous basis than other personal property. Any such tax on motor vehicles shall be in lieu of all other taxes thereon, except wheelage taxes imposed by political subdivisions solely for highway purposes. The legislature may impose this tax on motor vehicles of companies paying taxes under the gross earnings system of taxation notwithstanding that earnings from the vehicles may be included in the earnings on which gross earnings taxes are computed. The proceeds of the tax shall be paid into the highway user tax distribution fund created in section 12. The law may exempt from taxation any motor vehicle owned by a nonresident of the state properly licensed in another state and transiently or temporarily using the streets and highways of the state.

article XIV, section 12, will read:

Sec. 12. A Minnesota transportation trust fund is created to be used exclusively for highway and transit purposes as defined by law. The fund consists of money paid into it under section 9 and other money as provided by law. The commissioner of transportation or its successor agency shall recommend to the legislature appropriations from the fund for highway and transit purposes for each legislative budget period.

and article XIV, section 13, will read:

Sec. 13. Not less than 20 percent of the proceeds from a tax levied on the purchase price of new and used motor vehicles must be allocated by law to the Minnesota transportation trust fund established in section 12.

Sec. 11. [SUBMISSION TO VOTERS.]

The constitutional amendment shall be submitted to the people at the 1998 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended to dedicate (1) the proceeds from state registration taxes on motor vehicles, and (2) not less than 20 percent of the proceeds from a sales tax on new and used motor vehicles, to a Minnesota transportation trust fund dedicated exclusively to highway and transit purposes as defined by law?

Yes .......

Sec. 12. [REPEALER.]

Minnesota Statutes 1996, sections 168.012, subdivision 12; 168.013, subdivision 8; 168.021, subdivision 4; 168.041, subdivision 11; 168.042, subdivision 15; 168.057; 168.091, subdivision 3; 168.123, subdivision 5; 168.128, subdivision 4; 168.1292, subdivision 4; 168.231; and 168.82, subdivision 2, are repealed.

Sec. 13. [INSTRUCTION TO REVISOR.]

The revisor of statutes shall, in the next and subsequent editions of Minnesota Statutes, change the term "highway user tax distribution fund" to "Minnesota transportation trust fund" in sections 168.017, subdivision 5; 168.091, subdivision 3; 168.10, subdivision 1i; 168.12, subdivisions 2, 2a, 2b, 2c, 2d, 2e, and 5; 168.127, subdivision 6; 168.129, subdivision 5; 168.1296, subdivision 5; 168.15, subdivision 3; 168.29; 168.33, subdivision 7; 168.381; 168.62, subdivision 3; and 168.63, subdivision 5.

Sec. 14. [EFFECTIVE DATE.]

(a) Sections 1 and 2 are effective the day following final enactment.

(b) Sections 3 and 5 are effective July 1, 1998.

(c) Sections 4, 6, 7, 8, 9, 12, and 13 are effective July 1, 1999.

(d) If the constitutional amendment proposed in section 10 is not adopted at the 1998 general election, sections 4, 6, 7, 8, 9, 12, and 13 shall not take effect.

Section 1. Minnesota Statutes 1996, section 168.053, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION; FEE; PENALTY.] Any person, firm, or corporation engaged in the business of transporting motor vehicles owned by another, by delivering, by drive-away or towing methods, either singly or by means of the full mount method, the saddle mount method, the tow bar method, or any other combination thereof, and under their own power, vehicles over the highways of the state from the manufacturer or any other point of origin, to any point of destination, within or without the state, shall make application to the registrar for a drive-away in transit license. This application for annual license shall be accompanied by a registration fee of $250 and contain such information as the registrar may require. Upon the filing of the application and the payment of the fee, the registrar shall issue to each drive-away operator a drive-away in transit license plate, which must be carried and displayed on the power unit consistent with section 169.79 and the plate shall remain on the vehicle while being operated within the state. Additional drive-away in transit license plates desired by any drive-away operator may be secured from the registrar of motor vehicles upon the payment of a fee of $5 for each set of additional license plates. Any person, firm, or corporation engaging in the business as a drive-away operator, of transporting and delivering by means of full mount method, the saddle mount method, the tow bar method, or any combination thereof, and under their own power, motor vehicles, who fails or refuses to file or cause to be filed an application, as is required by law, and to pay the fees therefor as the law requires, shall be found guilty of violating the provisions of sections 168.053 to 168.057 168.056; and, upon conviction, fined not less than $50, and not more than $100, and all costs of court. Each day so operating without securing the license and plates as required therein shall constitute a separate offense within the meaning thereof.

Sec. 2. Minnesota Statutes 1996, section 168.053, subdivision 2, is amended to read:

Sec. 3. Minnesota Statutes 1996, section 168.056, is amended to read:

168.056 [VIOLATION A MISDEMEANOR.]

Any person violating the provisions of sections 168.053 to 168.055 shall be guilty of a misdemeanor. The provisions of sections 168.053 to 168.057 168.056 shall not apply where such vehicle is being towed as a temporary movement for the purpose of making repairs, or for the purpose of pulling or towing such vehicle from one point to another point for the purpose of making repairs, or on repossessed cars being towed by an agent or employee of any person or bona fide finance company in the state where such towing is incidental to the repossession of such vehicle.

Sec. 4. Minnesota Statutes 1996, section 168.181, subdivision 1, is amended to read:

Subdivision 1. Notwithstanding any provision of law to the contrary or inconsistent herewith, the registrar of motor vehicles with the approval of the attorney general is hereby empowered to make agreements with the duly authorized representatives of the other states, District of Columbia, territories and possessions of the United States, or arrangements with foreign countries or provinces exempting the residents of such other states, districts, territories and possessions, and foreign countries or provinces using the public streets and highways of this state from the payment of any or all motor vehicle taxes or fees imposed by this chapter, subject to the following conditions and limitations:

(1) Upon condition that the exemption provided herein shall be operative as to a motor vehicle owned by a nonresident only to the extent that under the laws of the state, district, territory or possession, or foreign country or province of residence like exemptions are granted to motor vehicles registered under the laws and owned by residents of Minnesota.

(2) Upon condition that any such motor vehicle so operated in this state by any such nonresident shall at all times carry and display all license number plates or like insignia required by the laws of the state, district, territory or possession, or foreign country or province of residence.

(3) Upon condition that the exemptions provided herein shall not apply to a passenger automobile or travel trailer owned by a resident of any state, district, territory or possession, or foreign country or province temporarily residing in this state while gainfully employed on the same job for a period of six months or more.

(4) Upon condition that the exemptions provided herein shall not apply to motor vehicles owned by nonresidents including any foreign corporation and used for carrying on intrastate commerce within this state. Such nonresident or foreign corporation shall be required to register each such vehicle and pay the same tax and penalties if any therefor as is required with reference to like vehicles owned by residents of Minnesota.

(5) Upon condition that the exemption provided herein shall not apply to a truck, tractor, truck-tractor, or semitrailer, except two-wheeled trailers of less than 3,000 pounds carrying capacity; if

(a) The class of its registration does not permit to it a statewide operation in the state of its registration, or if

(b) The registration fee or tax for which it is registered is computed on a mileage basis, or if

(c) Its gross weight exceeds the gross weight for which it is registered in the state, district, territory or possession, or foreign country or province of its registration.

vehicles registered in Minnesota and operated in interstate commerce in that state, district, territory or possession, or foreign country or province. It is further provided that such owners of foreign commercial vehicles and buses subject to registration under the provisions of this paragraph shall make application for a permit in which shall be set forth the conditions for operation of such vehicles in this state.

Sec. 5. Minnesota Statutes 1996, section 168.181, subdivision 2, is amended to read:

Subd. 2. Agreements made pursuant to this section may also include exemption from taxes or fees on a vehicle owned by a person, firm, or corporation licensed as a motor vehicle dealer or motor vehicle manufacturer in another state or country when such vehicle is operated displaying the dealer plates or manufacturer plates issued to such dealer or manufacturer by the jurisdiction of residence; provided, however, that such operation is not for the purpose of soliciting the sale of vehicles within this state other than at an auction conducted by a motor vehicle auctioneer licensed under section 168.27. Greater privileges shall not be granted to such dealer or manufacturer than permitted by the laws of the jurisdiction of residence. Nothing contained herein shall be construed to apply to or vary the terms and conditions of sections 168.053 to 168.057 168.056.

Sec. 6. Minnesota Statutes 1996, section 168.211, is amended to read:

168.211 [SUBJECTION TO STATE LAWS GENERALLY.]

All vehicles operated in Minnesota pursuant to sections 168.181 to 168.231 168.221 shall be subject to all provisions of law applicable to vehicles owned or operated by Minnesota residents except to the extent that exemption is provided from said laws by such sections.

Sec. 7. Minnesota Statutes 1996, section 168.221, is amended to read:

168.221 [COMMERCIAL VEHICLES; TAXES OR FEES.]

The registrar may promulgate such rules as may be necessary to accomplish the purpose of section 168.181, paragraph 6, as to the payment of partial taxes collectible under sections 168.181 to 168.231 168.221 and may waive any reciprocal agreement required thereunder with any state, district, territory, or possession or arrangements with foreign countries or provinces if under the laws of such state, district, territory, or possession or foreign country or province residents of Minnesota are privileged to operate motor vehicles upon the streets and highways of such state, district, territory, or possession or foreign country or province without the payment of taxes or fees of any character whatsoever.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 to 7 are effective July 1, 1999. If the constitutional amendment proposed in article 1, section 10, is not adopted, then sections 1 to 7 shall not take effect."

Delete the title and insert:

"A bill for an act relating to transportation; defining road or highway; requiring certain expenditures from the trunk highway fund; establishing transportation spending goals; creating a transportation trust fund; requiring certain appropriations for the state patrol to be from the general fund; dedicating vehicle registration tax revenues and 20 percent of motor vehicle sales tax revenues to a transportation trust fund; proposing an amendment to the Minnesota Constitution, article XIV, sections 5, 9, and by adding sections; appropriating money; amending Minnesota Statutes 1996, sections 160.02, subdivision 7, and by adding a subdivision; 161.04, by adding a subdivision; 168.053, subdivisions 1 and 2; 168.056; 168.181, subdivisions 1 and 2; 168.211; 168.221; 174.01, by adding a subdivision; 297B.09, subdivision 1; 299D.01, by adding a subdivision; and 299D.03, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 168; and 174; repealing Minnesota Statutes 1996, sections 168.012, subdivision 12; 168.013, subdivision 8; 168.021, subdivision 4; 168.041, subdivision 11; 168.042, subdivision 15; 168.057; 168.091, subdivision 3; 168.123, subdivision 5; 168.128, subdivision 4; 168.1292, subdivision 4; 168.231; and 168.82, subdivision 2."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

H. F. No. 3084 was read for the second time.

Winter moved that the bills on General Orders for today be continued. The motion prevailed.

Orfield moved that the name of Paymar be added as an author on H. F. No. 2588. The motion prevailed.

Clark, K., moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 19, 1998, when the vote was taken on the repassage of H. F. No. 2814, as amended by the Senate." The motion prevailed.

Erickson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Thursday, March 19, 1998, when the vote was taken on the repassage of H. F. No. 2814, as amended by the Senate." The motion prevailed.

Kelso moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Thursday, March 19, 1998, when the vote was taken on the final passage of S. F. No. 1181, as amended." The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2274:

Tunheim, Juhnke and Seifert.

Winter moved that when the House adjourns today it adjourn until 10:00 a.m., Monday, March 23, 1998. The motion prevailed.

Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Monday, March 23, 1998.

Edward A. Burdick, Chief Clerk, House of Representatives