The House of Representatives convened at 10:00 a.m. and was called to order by Phil Carruthers, Speaker of the House.
Prayer was offered by Rabbi Martin E. Zinkow, Mt. Zion Temple, St. Paul, Minnesota.
The roll was called and the following members were present:
| Abrams | Entenza | Johnson, A. | Mahon | Paulsen | Sviggum |
| Anderson, B. | Erhardt | Johnson, R. | Mares | Pawlenty | Swenson, H. |
| Anderson, I. | Erickson | Juhnke | Mariani | Paymar | Sykora |
| Bakk | Evans | Kahn | McCollum | Peterson | Tingelstad |
| Bettermann | Farrell | Kalis | McElroy | Pugh | Tomassoni |
| Biernat | Finseth | Kelso | McGuire | Rest | Tompkins |
| Bishop | Folliard | Kielkucki | Milbert | Reuter | Trimble |
| Boudreau | Garcia | Kinkel | Molnau | Rhodes | Tuma |
| Bradley | Goodno | Knight | Mulder | Rifenberg | Tunheim |
| Broecker | Greenfield | Knoblach | Mullery | Rostberg | Van Dellen |
| Carlson | Greiling | Koskinen | Munger | Rukavina | Vandeveer |
| Chaudhary | Gunther | Kraus | Murphy | Schumacher | Wagenius |
| Clark, J. | Haas | Krinkie | Ness | Seagren | Weaver |
| Clark, K. | Harder | Kubly | Nornes | Seifert | Wejcman |
| Commers | Hasskamp | Kuisle | Olson, E. | Sekhon | Wenzel |
| Daggett | Hausman | Larsen | Olson, M. | Skare | Westfall |
| Davids | Hilty | Leighton | Opatz | Skoglund | Winter |
| Dawkins | Holsten | Leppik | Orfield | Slawik | Wolf |
| Dehler | Huntley | Lieder | Osskopp | Smith | Workman |
| Delmont | Jaros | Lindner | Osthoff | Solberg | Spk. Carruthers |
| Dempsey | Jefferson | Long | Otremba, M. | Stanek | |
| Dorn | Jennings | Macklin | Ozment | Stang | |
A quorum was present.
Luther, Pelowski and Westrom were excused.
Marko was excused until 12:25 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Gunther moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
The following House Files were introduced:
Winter and Peterson introduced:
H. F. No. 3855, A bill for an act relating to agriculture; limiting certain competition by cooperatives with members; amending Minnesota Statutes 1996, section 308A.201, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Agriculture.
Bakk; Rukavina; Anderson, I.; Solberg and Tomassoni introduced:
H. F. No. 3856, A bill for an act relating to natural resources; creating wilderness areas.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Van Dellen introduced:
H. F. No. 3857, A bill for an act relating to courts; juries; exempting certain mothers from jury service; proposing coding for new law in Minnesota Statutes, chapter 593.
The bill was read for the first time and referred to the Committee on Judiciary.
Seifert and Erickson introduced:
H. F. No. 3858, A bill for an act relating to education; providing for restrictions for teacher licenses and coach contracts; amending Minnesota Statutes 1996, sections 125.05, subdivision 8; 125.09, subdivision 1; and 125.191.
The bill was read for the first time and referred to the Committee on Education.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3854, A resolution memorializing the United States government to resolve certain differences between the Province of Ontario and the State of Minnesota.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2718, A bill for an act relating to telecommunications; amending the state telephone assistance program to match
federal requirements; requiring the department of human services to automatically enroll eligible persons based on
information in state information systems; regulating the TAP surcharge; requiring public utilities commission to develop and
implement state universal service fund by December 31, 2000; changing authorized expenditures for the telephone assistance
fund; amending Minnesota Statutes 1996, sections 237.70, subdivision 6, and by adding a subdivision; and 237.701,
subdivision 1; Minnesota Statutes 1997 Supplement, section 237.70, subdivisions 4a and 7; proposing coding for new law
in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 1996, section 237.69, subdivision 9.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such
committee:
Messrs. Kelley, S. P.; Novak and Frederickson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Clark, K., moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses
on S. F. No. 2718. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2256, A bill for an act relating to elections; eliminating certain provisions that have been ruled unconstitutional;
amending Minnesota Statutes 1996, sections 211B.04; 211B.06, subdivision 1; 253B.23, subdivision 2; and 609.165, by
adding a subdivision; Minnesota Statutes 1997 Supplement, section 201.15, subdivision 1.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such
committee:
Mr. Marty; Mrs. Scheid and Mr. Ourada.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Greiling moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses
on S. F. No. 2256. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2730.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said
Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to state government; department of administration; making technical corrections relating to
information systems and technology, data practices, and certain appropriations oversight; authorizing the commissioner to
apply for and receive grants; designating the department as the responsible agency for certain federal programs; changing
the name of the Minnesota telecommunications network; clarifying department of administration authority over building
operations and maintenance; extending the expiration date of the governor's residence council; changing certain terminology,
providing for disposition of certain revenue, and clarifying certain referenda authority with respect to the state building code;
amending Minnesota Statutes 1996, sections 16B.04, subdivision 2, and by adding a subdivision; 16B.24, subdivision 1;
16B.27, subdivision 3; 16B.58, subdivision 1; 16B.65, subdivisions 1 and 6; and 124C.74, subdivisions 2 and 3; Minnesota
Statutes 1997 Supplement, sections 15.059, subdivision 5a; 16B.415; 16B.465; 16B.72; 16E.01, subdivision 3; 16E.03,
subdivision 1; 16E.13, subdivision 3; and 221.173; Laws 1995, First Special Session chapter 3, article 12, section 7,
subdivision 1, as amended; and Laws 1997, chapter 202, article 1, section 12, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 16B.
March 24, 1998
The Honorable Allan H. Spear
President of the Senate
The Honorable Phil Carruthers
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2730, report that we have agreed upon the items in dispute and recommend
as follows:
That the House recede from its amendments and that S. F. No. 2730 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1997 Supplement, section 15.059, subdivision 5a, is amended to read:
Subd. 5a. [NO EXPIRATION.] Notwithstanding subdivision 5, the advisory councils and committees listed in this
subdivision do not expire June 30, 1997. These groups expire June 30, 2001, unless the law creating the group or this
subdivision specifies an earlier expiration date.
Investment advisory council, created in section 11A.08;
Intergovernmental information systems advisory council, created in section 16B.42, expires June 30, 1999;
Feedlot and manure management advisory committee, created in section 17.136;
Aquaculture advisory committee, created in section 17.49;
Dairy producers board, created in section 17.76;
Pesticide applicator education and examination review board, created in section 18B.305;
Advisory seed potato certification task force, created in section 21.112;
Food safety advisory committee, created in section 28A.20;
Minnesota organic advisory task force, created in section 31.95;
Public programs risk adjustment work group, created in section 62Q.03, expires June 30, 1999;
Workers' compensation self-insurers' advisory committee, created in section 79A.02;
Youth corps advisory committee, created in section 84.0887;
Iron range off-highway vehicle advisory committee, created in section 85.013;
Mineral coordinating committee, created in section 93.002;
Game and fish fund citizen advisory committees, created in section 97A.055;
Wetland heritage advisory committee, created in section 103G.2242;
Wastewater treatment technical advisory committee, created in section 115.54;
Solid waste management advisory council, created in section 115A.12;
Nuclear waste council, created in section 116C.711;
Genetically engineered organism advisory committee, created in section 116C.93;
Environment and natural resources trust fund advisory committee, created in section 116P.06;
Child abuse prevention advisory council, created in section 119A.13;
Chemical abuse and violence prevention council, created in section 119A.27;
Youth neighborhood services advisory board, created in section 119A.29;
Interagency coordinating council, created in section 120.1701, expires June 30, 1999;
Desegregation/integration advisory board, created in section 121.1601;
Nonpublic education council, created in section 123.935;
Permanent school fund advisory committee, created in section 124.078;
Indian scholarship committee, created in section 124.48;
American Indian education committees, created in section 126.531;
Summer scholarship advisory committee, created in section 126.56;
Multicultural education advisory committee, created in section 126.82;
Male responsibility and fathering grants review committee, created in section 126.84;
Library for the blind and physically handicapped advisory committee, created in section 134.31;
Higher education advisory council, created in section 136A.031;
Student advisory council, created in section 136A.031;
Cancer surveillance advisory committee, created in section 144.672;
Maternal and child health task force, created in section 145.881;
State community health advisory committee, created in section 145A.10;
Mississippi River Parkway commission, created in section 161.1419;
School bus safety advisory committee, created in section 169.435;
Advisory council on workers' compensation, created in section 175.007;
Code enforcement advisory council, created in section 175.008;
Medical services review board, created in section 176.103;
Apprenticeship advisory council, created in section 178.02;
OSHA advisory council, created in section 182.656;
Health professionals services program advisory committee, created in section 214.32;
Rehabilitation advisory council for the blind, created in section 248.10;
American Indian advisory council, created in section 254A.035;
Alcohol and other drug abuse advisory council, created in section 254A.04;
Medical assistance drug formulary committee, created in section 256B.0625;
Home care advisory committee, created in section 256B.071;
Preadmission screening, alternative care, and home and community-based services advisory committee, created in
section 256B.0911;
Traumatic brain injury advisory committee, created in section 256B.093;
Minnesota commission serving deaf and hard-of-hearing people, created in section 256C.28;
American Indian child welfare advisory council, created in section 257.3579;
Juvenile justice advisory committee, created in section 268.29;
Northeast Minnesota economic development fund technical advisory committees, created in section 298.2213;
Iron range higher education committee, created in section 298.2214;
Northeast Minnesota economic protection trust fund technical advisory committee, created in section 298.297;
Pipeline safety advisory committee, created in section 299J.06, expires June 30, 1998;
Battered women's advisory council, created in section 611A.34.
Sec. 2. Minnesota Statutes 1996, section 16B.04, subdivision 2, is amended to read:
Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other provisions of this chapter, the commissioner is
authorized to:
(1) supervise, control, review, and approve all state contracts and purchasing;
(2) provide agencies with supplies and equipment and operate all central store or supply rooms serving more than
one agency;
(3) approve all computer plans and contracts, and oversee the state's data processing system;
(4) investigate and study the management and organization of agencies, and reorganize them when necessary to ensure
their effective and efficient operation;
(5) manage and control state property, real and personal;
(6) maintain and operate all state buildings
(7) supervise, control, review, and approve all capital improvements to state buildings and the capitol building and
grounds;
(8) provide central duplicating, printing, and mail facilities;
(9) oversee publication of official documents and provide for their sale;
(10) manage and operate parking facilities for state employees and a central motor pool for travel on state business;
(11) establish and administer a state building code; and
(12) provide rental space within the capitol complex for a private day care center for children of state employees. The
commissioner shall contract for services as provided in this chapter. The commissioner shall report back to the legislature
by October 1, 1984, with the recommendation to implement the private day care operation.
Sec. 3. [16B.053] [GRANTS.]
The commissioner may apply for, receive, and expend money made available from federal or other sources for the
purposes of carrying out the duties and responsibilities of the commissioner under sections 16B.054 and 16B.055.
All moneys received by the commissioner under sections 16B.054 and 16B.055 must be deposited in the state treasury
and are appropriated to the commissioner for the purpose for which the moneys are received. The money does not cancel
and is available until expended.
Sec. 4. [16B.054] [DEVELOPMENTAL DISABILITIES.]
The department of administration is designated as the responsible agency to assist the Minnesota governor's council
on developmental disabilities in carrying out all responsibilities under United States Code, title 42, section 6021 et seq., as
well as those responsibilities relating to the program which are not delegated to the council.
Sec. 5. [16B.055] [STAR PROGRAM.]
The department of administration shall serve as the lead agency to assist the Minnesota governor's advisory council
on technology for people with disabilities in carrying out all responsibilities pursuant to United States Code, title 29,
section 2211 et seq., and any other responsibilities related to that program.
Sec. 6. Minnesota Statutes 1996, section 16B.24, subdivision 1, is amended to read:
Subdivision 1. [OPERATION AND MAINTENANCE OF BUILDINGS.] The commissioner is authorized to maintain
and operate the state capitol building and grounds, subject to whatever standards and policies are set for its appearance and
cleanliness by the capitol area architectural and planning board and the commissioner under section 15.50, subdivision 2,
clause
Sec. 7. Minnesota Statutes 1996, section 16B.27, subdivision 3, is amended to read:
Subd. 3. [COUNCIL.] The governor's residence council consists of the following 19 members: the commissioner; the
spouse, or a designee of the governor; the executive director of the Minnesota state arts board; the director of the Minnesota
historical society; a member of the senate appointed pursuant to the rules of the senate; a member of the house of
representatives appointed pursuant to the rules of the house of representatives; 13 persons appointed by the governor
including one in the field of higher education, one member of the American Society of Interior Designers, Minnesota
Chapter, one member of the American Institute of Architects, Minnesota chapter, one member of the American Society of
Landscape Architects, Minnesota Chapter, one member of the family that donated the governor's residence to the state, if
available, and eight public members with four public members' terms being coterminous with the governor who appoints
them. Members of the council serve without compensation. Membership terms, removal, and filling of vacancies for
members appointed by the governor are governed by section 15.0575. The council shall elect a chair and a secretary from
among its members. The council expires on June 30,
Sec. 8. Minnesota Statutes 1997 Supplement, section 16B.415, is amended to read:
16B.415 [OPERATION OF INFORMATION SYSTEMS.]
The commissioner, through a division of technology management, is responsible for ongoing operations of state
agency information technology activities. These include records management, activities relating to the government Data
Practices Act, operation of
Sec. 9. Minnesota Statutes 1997 Supplement, section 16B.465, is amended to read:
16B.465 [
Subdivision 1. [CREATION.] The
provide instruction in compliance with sections 120.101 to 120.102, and private colleges; public corporations; and state
political subdivisions. It is not a telephone company for purposes of chapter 237. It shall not resell or sublease any services
or facilities to nonpublic entities except it may serve private schools and colleges. The commissioner has the responsibility
for planning, development, and operations of
Subd. 3. [DUTIES.] The commissioner, after consultation with the office of technology, shall:
(1) provide voice, data, video, and other telecommunications transmission services to the state and to political
subdivisions through an account in the intertechnologies revolving fund;
(2) manage vendor relationships, network function, and capacity planning in order to be responsive to the needs of the
(3) set rates and fees for services;
(4) approve contracts relating to the system;
(5) in consultation with the office of technology, develop the system plan, including plans for the phasing of its
implementation and maintenance of the initial system, and the annual program and fiscal plans for the system; and
(6) in consultation with the office of technology, develop a plan for interconnection of the network with private colleges
and public and private schools in the state.
Subd. 4. [PROGRAM PARTICIPATION.] (a) The commissioner may require the participation of state agencies, the
state board of education, and the board of trustees of the Minnesota state colleges and universities and may request the
participation of the board of regents of the University of Minnesota, in the planning and implementation of the network to
provide interconnective technologies. The commissioner shall establish reimbursement rates in cooperation with the
commissioner of finance to be billed to participating agencies and educational institutions sufficient to cover the operating,
maintenance, and administrative costs of the system.
(b) A direct appropriation made to an educational institution for usage costs associated with
Subd. 6. [APPROPRIATION.] Money appropriated for
Subd. 7. [EXEMPTION.] The system is exempt from the five-year limitation on contracts set by section 16B.07,
subdivision 2.
Sec. 10. Minnesota Statutes 1996, section 16B.58, subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES OF THE COMMISSIONER.] No person may park a motor vehicle, either
privately or publicly owned, upon any parking lot or facility owned or operated by the state except as authorized by this
section. The commissioner shall operate and supervise all state parking lots and facilities associated with buildings
described in section 16B.24, subdivision 1, or when the commissioner considers it advisable and practicable, any other
parking lots or facilities owned or rented by the state for the use of a state agency or state employees. The commissioner may
also provide employee shuttle service and promote alternative transportation modes, including initiatives to increase the
number of
multi-occupancy vehicles
Sec. 11. Minnesota Statutes 1996, section 16B.65, subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENTS.] The governing body of each municipality shall, unless other means are already
provided, appoint a building official to administer the code. Two or more municipalities may combine in the appointment
of a single building official for the purpose of administering the provisions of the code within their communities. In those
municipalities for which no building officials have been appointed, the state building
Sec. 12. Minnesota Statutes 1996, section 16B.65, subdivision 6, is amended to read:
Subd. 6. [VACANCIES.] In the event that a certified building official vacates that position within a municipality, that
municipality shall appoint a certified building official to fill the vacancy as soon as possible. If the municipality fails to
appoint a certified building official within 90 days of the occurrence of the vacancy, the state building
Sec. 13. Minnesota Statutes 1997 Supplement, section 16B.72, is amended to read:
16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN COUNTIES.]
Notwithstanding any other provision of law to the contrary, a county that is not a metropolitan county as defined by
section 473.121, subdivision 4, may provide, by a vote of the majority of its electors residing outside of municipalities that
have adopted the state building code before January 1, 1977, that no part of the state building code except the building
requirements for handicapped persons and the requirements for elevator safety applies within its jurisdiction.
The county board may submit to the voters at a regular or special election the question of adopting the building code. The
county board shall submit the question to the voters if it receives a petition for the question signed by a number of voters
equal to at least five percent of those voting in the last general election. The question on the ballot must be stated
substantially as follows:
"Shall the state building code be adopted in . . . . . . . . . . County?"
If the majority of the votes cast on the proposition is in the negative, the state building code does not apply in the subject
county, outside home rule charter or statutory cities or towns that adopted the building code before January 1, 1977, except
the building requirements for handicapped persons and the requirements for elevator safety do apply.
Nothing in this section precludes a municipality or town that
Sec. 14. [16B.735] [ENFORCEMENT OF REQUIREMENTS FOR HANDICAPPED PERSONS.]
A statutory or home rule charter city that is not covered by the state building code because of action taken under
section 16B.72 or 16B.73 is responsible for enforcement in the city of the state building code's requirements for
handicapped persons. In all other areas where the state building code does not apply because of action taken under
section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.
Sec. 15. Minnesota Statutes 1997 Supplement, section 16E.03, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of sections 16E.03 to 16E.05, the following terms have the meanings
given them.
(a) "Information and communications technology activity" means the development or acquisition of information and
communications technology devices and systems, but does not include
(b) "Data processing device or system" means equipment or computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with the processing of information through electronic data
processing means, and includes data communication devices used in connection with computer facilities for the transmission
of data.
(c) "State agency" means an agency in the executive branch of state government and includes the Minnesota higher
education services office.
Sec. 16. Minnesota Statutes 1997 Supplement, section 16E.13, subdivision 3, is amended to read:
Subd. 3. [ASSISTANCE AND FUNDING; GENERAL PRINCIPLES.] Community technical assistance and
development seed funding for aggregation of demand and community IT planning provided through the IT community
resource development initiative is contingent upon the following general principles:
(1) that communities and regions show evidence of, or
intent to do, cooperative funding and planning between sectors including, but
not limited to, private sector providers, public sector technology investments
such as (2) that communities and regions agree to form local and
regional IT coordination committees or modify similar, existing committees to be
more inclusive of other sectors and undertake comprehensive planning across
those sectors to leverage public and private IT investment to the maximum
benefit of all citizens.
Sec. 17. Minnesota Statutes 1996, section 124C.74,
subdivision 2, is amended to read:
Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a)
A school district may apply for a grant under this subdivision to: (1) establish
connections among school districts, and between school districts and the (b) The application must, at a minimum, contain
information to document for each applicant school district the following:
(1) that the proposed connection meets the minimum
standards and employs an open network architecture that will ensure
interconnectivity and interoperability with other education institutions and
libraries;
(2) that the proposed connection and system will be
connected to (3) that the proposed connection and system will be
connected to the higher education telecommunication network and that a
governance agreement has been adopted which includes agreements between the
school district system, a higher education regional council, libraries, and
coordinating entities;
(4) the telecommunication vendor (5) other information, as determined by the commissioner
in consultation with the education telecommunications council, to ensure that
connections are coordinated, meet state standards and are cost-effective, and
that service is provided in an efficient and cost-effective manner.
(c) (d) The Minnesota education telecommunications council
shall award grants and the funds shall be dispersed by the commissioner. The
highest priority for these grants shall be to bring school districts up to the
minimum connectivity standards. A grant to enhance telecommunications capacity
beyond the minimum connectivity standards shall be no more than 75 percent of
the maximum grant under this subdivision. Grant applications for minimum
connection and enhanced telecommunications capacity grants must be submitted to
the commissioner by a coordinating organization including, but not limited to,
service cooperatives and education districts. For the purposes of the grant, a
school district may include a charter school under section 120.064, or the
Faribault academies. Based on the award made by the council, all grants under
this subdivision shall be paid by the commissioner directly to a school district
(unless this application requests that the funds be paid to the coordinating
agency). Nonpublic schools as defined in section 237.065, subdivision 2, located
within the district may access the network. The nonpublic school is responsible
for actual costs for connection from the school to the access site.
(e) Money awarded under this section may be used only for
the purposes explicitly stated in the grant application.
Sec. 18. Minnesota Statutes 1996, section 124C.74,
subdivision 3, is amended to read:
Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a)
A regional public library system may apply for a telecommunication access grant.
The grant must be used to create or expand the capacity of electronic data
access and connect the library system with the (b) Any grant award under this subdivision may not be
used to substitute for any existing local funds allocated to provide electronic
access, or equipment for library staff or the public, or local funds previously
dedicated to other library operations.
(c) An application for a regional public library
telecommunications access grant must, at a minimum, contain information to
document the following:
(1) that the connection meets the minimum standards and
employs an open network architecture that will ensure interconnectivity and
interoperability with other libraries and the educational system;
(2) that the connection is being established through the
most cost-effective means and that the public library has explored and
coordinated connections through school districts or other governmental agencies;
(3) that the proposed connection and system will be
connected to (4) that the proposed connection and system will be
connected to the higher education and to the school district telecommunication
networks subject to a governance agreement with one or more school districts and
a higher education regional council specifying how the system will be
coordinated;
(5) the telecommunication vendor (6) other information, as determined by the commissioner,
to ensure that connections are coordinated, meet state standards, are
cost-effective, and that service is provided in an efficient and cost-effective
manner so that libraries throughout the state are connected in as seamless a
manner as technically possible.
Sec. 19. Minnesota Statutes 1997 Supplement, section
221.173, is amended to read:
221.173 [ELECTRONIC SIGNATURES.]
(a) The commissioner may accept in lieu of a required
document completed on paper, an electronically transmitted document
authenticated by an electronic signature.
(b) The commissioner shall consult with the (c) The commissioner may determine the technology or
system to be used, which may include a private key/public key system, an
encrypted or cryptology-based system, a pen-based, on-screen signature system
that captures and verifies an autograph and links it to a specific document, or
other system or technology or combination of systems.
(d) To the extent consistent with this section, laws and
rules pertaining to paper-based documents also pertain to electronically
transmitted documents.
Sec. 20. Laws 1995, First Special Session chapter 3,
article 12, section 7, subdivision 1, as amended by Laws 1997, First Special
Session chapter 4, article 9, section 2, is amended to read:
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council established in Laws 1993,
First Special Session chapter 2, is expanded to include representatives of
elementary and secondary education. The membership shall consist of three
representatives from the University of Minnesota; three representatives of the
board of trustees for Minnesota state colleges and universities; one
representative of the higher education services offices; one representative
appointed by the private college council; one
representative selected by the commissioner of administration; eight
representatives selected by the commissioner of children, families, and
learning, at least one of which must come from each of the six higher education
telecommunication regions; a representative from the (1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in implementing the use of
such technologies;
(2) recommend to the commissioner and the legislature by
December 15, 1996, a plan for long-term governance and a proposed structure for
statewide and regional telecommunications;
(3) recommend educational policy relating to
telecommunications;
including the state capitol building and grounds, as described in
section 16B.24, subdivision 1; (h) (j), and the state office building, the judicial center, the economic security buildings in
Minneapolis and St. Paul, the state department of health building, and the surplus property building, and their grounds
all other buildings, cafeterias, and grounds in state-owned buildings in the capitol area under section 15.50, subdivision
2, clause (a), the state department of public safety, bureau of criminal apprehension building in St. Paul, the state department
of health building in Minneapolis, the Duluth government services center in Duluth, 321 Grove street buildings in St. Paul,
any other properties acquired by the department of administration, and, when the commissioner considers it advisable
and practicable, any other building or premises owned or rented by the state for the use of a state agency. The commissioner
shall assign and reassign office space in the capitol and state buildings to make an equitable division of available space
among agencies. The commissioner shall regularly update the long-range strategic plan for locating agencies and shall
follow the plan in assigning and reassigning space to agencies. The plan must include locational and urban design criteria,
a cost-analysis method to be used in weighing state ownership against leasing of space in specific instances, and a
transportation management plan. If the commissioner determines that a deviation from the plan is necessary or desirable
in a specific instance, the commissioner shall provide the legislature with a timely written explanation of the reasons for the
deviation. The power granted in this subdivision does not apply to state hospitals or to educational, penal, correctional, or
other institutions not enumerated in this subdivision the control of which is vested by law in some other agency. 1998 2001. MNet the state information infrastructure, and activities necessary to make state
information systems year 2000 compliant. MINNESOTA NETWORK FOR TELECOMMUNICATIONS ("MNET") STATE
INFORMATION INFRASTRUCTURE.] Minnesota network for telecommunications, known as "MNet," state
information infrastructure provides voice, data, video, and other telecommunications transmission services to state
agencies; educational institutions, including public schools as defined in section 120.05, nonpublic, church or religious
organization schools that MNet the state information infrastructure in order to provide
cost-effective telecommunications transmission services to MNet state information infrastructure users.
Subd. 2. [ADVISORY COUNCIL.] MNet is managed by the commissioner. Subject to section 15.059, subdivisions
1 to 4, the commissioner shall appoint an advisory council to provide advice in implementing and operating MNet. The
council shall represent the users of MNet services and shall include representatives of higher education, public and private
schools, state agencies, and political subdivisions. system state information infrastructure users; MNet the state
information infrastructure must only be used by the educational institution for payment of usage costs of the network
as billed by the commissioner of administration. MNet the state information infrastructure and
fees for telecommunications services must be deposited in an account in the intertechnologies fund. Money in the account
is appropriated annually to the commissioner to operate telecommunications services. inspector official, with
the approval of the commissioner, may appoint building officials to serve until the municipalities have made an appointment.
If unable to make an appointment, the state building inspector official may use whichever state employees
or state agencies are necessary to perform the duties of the building official. All costs incurred by virtue of an appointment
by the state building inspector official or services rendered by state employees must be borne by the
involved municipality. Receipts arising from the appointment must be paid into the state treasury and credited to the
general special revenue fund. inspector
official may make the appointment or provide state employees to serve that function as provided in subdivision 1.
did has not adopt adopted
the state building code before January 1, 1977, from adopting and enforcing by ordinance or other legal means the
state building code within its jurisdiction. MNet the state information
infrastructure or its contractors. MNet the state
information infrastructure, library systems, health care providers,
businesses, schools and other educational institutions, and the nonprofit
sector; and
MNet statewide telecommunications network state information infrastructure administered by the
department of administration under section 16B.465; or (2) if such a connection
meeting minimum electronic connectivity standards is already established,
enhance telecommunications capacity for a school district. The minimum standards
of capacity are a 56 kilobyte data line and 768 kilobyte ITV connection, subject
to change based on the recommendations by the Minnesota education
telecommunications council. A district may submit a grant application for
interactive television with higher capacity connections in order to maintain
multiple simultaneous connections. To ensure coordination among school
districts, a school district must submit its grant application to the council
through an organization that coordinates the applications and connections of at
least ten school districts or through an existing technology cooperative.
MNet the state
information infrastructure through the department of administration under
section 16B.465 and that a network service and management agreement is in place;
,
which may be MNet, selected to provide service from the district to an MNet a state information
infrastructure hub or to a more cost-effective connection point to MNet the state information
infrastructure; and
A grant applicant shall obtain
a grant proposal for network services from MNet. If MNet is not selected as the
vendor, the application must provide the reasons for choosing an alternative
vendor. A school district may include, in its grant application,
telecommunications access for collaboration with nonprofit arts organizations
for the purpose of educational programs, or access for a secondary media center
that: (1) is a member of a multitype library system; (2) is open during periods
of the year when classroom instruction is occurring; and (3) has licensed school
media staff on site.
MNet
statewide telecommunications network state
information infrastructure administered by the department of administration
under section 16B.465. Connections must meet minimum system standards of a 56
kilobyte data line and 768 kilobyte ITV connection. To be eligible for a
telecommunications access grant, a regional public library system must: (1) meet
the level of local support required under section 134.34; and (2) be open at
least 20 hours per week.
MNet the state
information infrastructure through the department of administration under
section 16B.465 and that a network service and management agreement is in place;
,
which may be MNet, selected to provide service from the library to an MNet a state information
infrastructure hub or through a more cost-effective connection point to MNet the state information
infrastructure; and
(d) A grant applicant shall obtain
a grant proposal for network services from MNet. If MNet is not selected as the
vendor, the application must provide the reasons for choosing an alternative
vendor.
commissioner of administration office of technology, who which shall provide advice and assistance in
establishing criteria and standards for authentication of electronic signatures
and establishing to a reasonable certainty the validity, security, and linkage
of a specific, unaltered, electronically transmitted document, its unforged
signature, and its authorized signer.
information policy office office
of technology; two members each from the senate and the house of
representatives selected by the subcommittee on committees of the committee on
rules and administration of the senate and the speaker of the house, one member
from each body must be a member of the minority party; and three representatives
of libraries, one representing regional public libraries, one representing
multitype libraries, and one representing community libraries, selected by the
governor. The council shall:
|
Journal of the House - 100th Day - Thursday, March 26, 1998 - Top of Page 8640 |
|||||
| Abrams | Dorn | Jefferson | Mares | Pawlenty | Swenson, H. |
| Anderson, B. | Entenza | Jennings | Mariani | Paymar | Sykora |
| Anderson, I. | Erhardt | Johnson, A. | McCollum | Peterson | Tingelstad |
| Bakk | Erickson | Johnson, R. | McElroy | Pugh | Tomassoni |
| Bettermann | Evans | Juhnke | McGuire | Rest | Tompkins |
| Biernat | Farrell | Kahn | Milbert | Reuter | Trimble |
| Bishop | Finseth | Kalis | Mulder | Rhodes | Tuma |
| Boudreau | Folliard | Kelso | Mullery | Rifenberg | Tunheim |
| Bradley | Garcia | Kinkel | Munger | Rostberg | Van Dellen |
| Broecker | Goodno | Knoblach | Murphy | Rukavina | Vandeveer |
| Carlson | Greenfield | Koskinen | Ness | Schumacher | Wagenius |
| Chaudhary | Greiling | Kraus | Nornes | Seagren | Weaver |
| Clark, J. | Gunther | Kubly | Olson, E. | Sekhon | Wejcman |
| Clark, K. | Haas | Kuisle | Olson, M. | Skare | Wenzel |
| Commers | Harder | Larsen | Opatz | Skoglund | Westfall |
| Daggett | Hasskamp | Leppik | Orfield | Slawik | Winter |
| Davids | Hausman | Lieder | Osskopp | Smith | Wolf |
| Dawkins | Hilty | Lindner | Osthoff | Solberg | Spk. Carruthers |
| Dehler | Holsten | Long | Otremba, M. | Stanek | |
| Delmont | Huntley | Macklin | Ozment | Stang | |
| Dempsey | Jaros | Mahon | Paulsen | Sviggum | |
Those who voted in the negative were:
| Kielkucki | Molnau | Seifert |
The bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2118, A bill for an act relating to elections; authorizing experimental balloting procedures in Hennepin county; amending Minnesota Statutes 1996, section 203B.02, by adding a subdivision.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Ms. Higgins; Mrs. Scheid and Ms. Robertson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Jefferson moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2118. The motion prevailed.
Winter moved that the House recess subject to the call of the Chair. The motion prevailed.
RECONVENED
The House reconvened and was called to order by the Speaker.
There being no objection, the order of business reverted to Reports of Standing Committees.
Solberg from the Committee on Ways and Means 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.
The report was adopted.
Solberg from the Committee on Ways and Means 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.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 3853, A bill for an act relating to agriculture; providing emergency financial relief for farm families in certain counties; establishing a temporary program of assistance for federal crop insurance premiums; appropriating money.
Reported the same back with the following amendments:
Page 1, line 12, after "means" insert "Beltrami,"
Page 2, line 6, after "loss" insert "from the county yield average"
Page 2, line 7, delete "the yield in one or more crops" and insert "wheat or barley yield"
Page 2, line 8, delete "1994" insert "1993"
Page 2, line 17, delete "assistance" and insert "reimbursement"
Page 2, line 18, delete "up to 50 percent of the total" and after "premiums" insert "and administrative fees"
Page 2, line 19, delete "crops" and insert "wheat and barley"
Page 2, line 20, delete "during the 1998" and insert "for the 1997" and delete "assistance" and insert "reimbursement"
Page 2, line 23, delete "$2,500" and insert "$4,000"
Page 2, after line 26, insert:
"(c) The farmer must be listed as the payee, or one of the payees, on the reimbursement check."
Page 2, line 28, delete "$15,000,000" and insert "$8,500,000"
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
S. F. No. 90, A bill for an act relating to legislative
committees and commissions; updating statutory references to legislative
committees; requiring certain appointments of members of the senate to be made
by the subcommittee on committees of the committee on rules and administration;
repealing references to abolished legislative commissions; amending Minnesota
Statutes 1996, sections 3.30, subdivision 2; 3.303, subdivision 2; 3.754; 3.885,
subdivision 1; 3.97, subdivision 2; 3.98, subdivisions 1 and 3; 8.15,
subdivisions 3 and 4; 11A.041; 15.065; 15.16, subdivision 5; 15.161; 15.50,
subdivisions 1 and 2; 15.95, subdivision 1; 15A.082, subdivision 2; 16A.011,
subdivision 13; 16A.152, subdivision 6; 16A.19, subdivision 1; 16B.24,
subdivisions 3, 3a, and 6; 16B.31, subdivision 3; 16B.335, subdivisions 1, 2,
and 5; 16B.41, subdivision 2; 16B.87, subdivision 4; 16D.03, subdivision 3;
17B.15, subdivision 1; 18E.06; 43A.191, subdivision 3; 62R.25; 97A.0453;
115A.07, subdivisions 2 and 3; 115A.15, subdivision 5; 115A.158, subdivision 2;
115A.411, subdivision 1; 115A.55, subdivision 4; 115A.5501, subdivision 2;
115A.551, subdivisions 4 and 5; 115A.557, subdivision 4; 115A.965, subdivision
7; 115A.9651, subdivision 2; 115A.981, subdivision 3; 115B.20, subdivisions 1
and 6; 115B.43, subdivision 4; 115C.093; 115D.10; 116.072, subdivision 12;
116.125; 116C.712, subdivision 5; 116J.555, subdivision 2; 116J.581, subdivision
1; 116J.693, subdivision 2; 116O.03, subdivision 2; 116O.071, subdivision 3;
116O.09, subdivision 2; 116P.05, subdivision 1; 116P.08, subdivision 3; 116P.09,
subdivision 7; 119B.17, subdivision 1; 121.703, subdivision 2; 124.078;
124.2131, subdivision 1; 135A.046, subdivision 3; 136F.60, subdivision 1;
136F.98, subdivision 1; 137.02, subdivision 3a; 138.763, subdivision 1; 144.056;
144.701, subdivision 4; 144A.071, subdivision 5; 144E.01, subdivision 2;
169.832, subdivision 13; 174.02, subdivision 6; 192.52; 240.18, subdivision 2;
240A.03, subdivision 15; 241.01, subdivision 5; 245.90; 252.50, subdivision 2;
253.015, subdivision 2; 256.014, subdivision 3; 256.031, subdivision 3; 256.736,
subdivision 9; 256.9352, subdivision 3; 256.9657, subdivision 1c; 256B.0629,
subdivision 3; 256B.69, subdivision 3a; 268.665, subdivision 2; 268.916;
270.0604, subdivision 4; 270.063; 270.0681, subdivision 2; 270.0682, subdivision
2; 270.71; 270.74; 273.1398, subdivision 2c; 299C.65, subdivision 2; 352.04,
subdivision 3; 352B.02, subdivision 1c; 354.42, subdivision 5; 354A.12,
subdivision 2b; 355.50; 356.88, subdivision 1; 393.07, subdivision 5; 446A.072,
subdivision 11; 473.149, subdivision 6; 473.598, subdivision 3; 473.608,
subdivision 12a; 473.845, subdivision 4; 473.846; and 473.848, subdivision 4;
repealing Minnesota Statutes 1996, sections 3.873; 3.887; and 241.275,
subdivision 5.
Reported the same back with the following amendments to
the unofficial engrossment:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1997 Supplement, section
177.24, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] (a) For purposes of this
subdivision, the terms defined in this paragraph have the meanings given them.
(1) "Large employer" means an enterprise whose annual
gross volume of sales made or business done is not less than $500,000 (exclusive
of excise taxes at the retail level that are separately stated) and covered by
the Minnesota fair labor standards act, sections 177.21 to 177.35.
(2) "Small employer" means an enterprise whose annual
gross volume of sales made or business done is less than $500,000 (exclusive of
excise taxes at the retail level that are separately stated) and covered by the
Minnesota fair labor standards act, sections 177.21 to 177.35.
(b) Except as otherwise provided in sections 177.21 to
177.35, every large employer must pay each employee wages at a rate of at least
(c) Notwithstanding paragraph (b), during the first 90
consecutive days of employment, an employer may pay an employee under the age of
20 years a wage of Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective September
1, 1998."
Delete the title and insert:
"A bill for an act relating to employment; raising the
minimum wage; amending Minnesota Statutes 1997 Supplement, section 177.24,
subdivision 1."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
S. F. No. 1363, A bill for an act relating to economic
development; creating a commission to examine and make recommendations on state
subsidy programs and tax laws related to economic development.
Reported the same back with the following amendments to
the unofficial engrossment:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 181.941,
subdivision 1, is amended to read:
Subdivision 1. [ Sec. 2. Minnesota Statutes 1996, section 181.941,
subdivision 2, is amended to read:
Subd. 2. [START OF LEAVE.] The leave shall begin at a
time requested by the employee. The employer may adopt reasonable policies
governing the timing of requests for unpaid leave. The leave may begin not more
than Delete the title and insert:
"A bill for an act relating to employment; extending
parenting leave requirements; amending Minnesota Statutes 1996, section 181.941,
subdivisions 1 and 2."
With the recommendation that when so amended the bill
pass.
The report was adopted.
H. F. Nos. 2944, 3828 and 3853 were read for the second
time.
S. F. Nos. 90 and 1363 were read for the second time.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Winter from the Committee on Rules and Legislative
Administration, pursuant to rule 1.09, designated the following bills as Special
Orders to be acted upon today:
S. F. Nos. 1480, 41, 1074 and 3397; and H. F. No. 3654.
S. F. No. 1480 was reported to the House.
Entenza moved that S. F. No. 1480 be temporarily laid
over on Special Orders. The motion prevailed.
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:
$5.15 $5.90 an hour
beginning September 1, 1997 1998. Every small employer must pay each employee at a
rate of at least $4.90 an hour beginning January 1, 1998,
and at least $5.65 an hour beginning September 1, 1998.
$4.25 $5 an hour. No employer may take any action to displace
any employee, including a partial displacement through a reduction in hours,
wages, or employment benefits, in order to hire an employee at the wage
authorized in this paragraph.
SIX-WEEK 12-WEEK LEAVE; BIRTH OR ADOPTION.] An employer must
grant an unpaid leave of absence to an employee who is a natural or adoptive
parent in conjunction with the birth or adoption of a child. The length of the
leave shall be determined by the employee, but may not exceed six 12 weeks, unless agreed
to by the employer.
six 12 weeks after
the birth or adoption; except that, in the case where the child must remain in
the hospital longer than the mother, the leave may not begin more than six 12 weeks after the child
leaves the hospital."
| Abrams | Dorn | Johnson, A. | Macklin | Otremba, M. | Sviggum |
| Anderson, B. | Entenza | Johnson, R. | Mahon | Paulsen | Swenson, H. |
| Anderson, I. | Erhardt | Juhnke | Mares | Pawlenty | Sykora |
| Bakk | Erickson | Kahn | Mariani | Paymar | Tingelstad |
| Bettermann | Evans | Kalis | Marko | Peterson | Tomassoni |
| Biernat | Finseth | Kelso | McCollum | Pugh | Tompkins |
| Bishop | Folliard | Kielkucki | McElroy | Rest | Trimble |
| Boudreau | Garcia | Kinkel | McGuire | Reuter | Tuma |
| Bradley | Goodno | Knight | Milbert | Rhodes | Tunheim |
| Broecker | Greenfield | Knoblach | Molnau | Rifenberg | Van Dellen |
| Carlson | Greiling | Koskinen | Mulder | Rostberg | Vandeveer |
| Chaudhary | Gunther | Kraus | Mullery | Schumacher | Wagenius |
| Clark, J. | Haas | Krinkie | Munger | Seagren | Weaver |
| Clark, K. | Harder | Kubly | Ness | Seifert | Wejcman |
| Commers | Hasskamp | Kuisle | Nornes | Sekhon | Wenzel |
| Daggett | Hausman | Larsen | Olson, E. | Skare | Westfall |
| Davids | Hilty | Leighton | Olson, M. | Skoglund | Winter |
| Dawkins | Holsten | Leppik | Opatz | Slawik | Spk. Carruthers |
| Dehler | Huntley | Lieder | Orfield | Smith | |
| Delmont | Jefferson | Lindner | Osskopp | Solberg | |
| Dempsey | Jennings | Long | Osthoff | Stang | |
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.
S. F. No. 41 was reported to the House.
Sviggum offered an amendment to S. F. No. 41, the unofficial engrossment.
Milbert requested a division of the Sviggum amendment to
S. F. No. 41, the unofficial engrossment.
The first portion of the Sviggum amendment to S. F. No.
41, the unofficial engrossment, reads as follows:
Page 1, line 12, delete "The
taking of game and fish" and insert "Fishing,
hunting, and the taking of game and fish"
Page 1, line 20, delete "the
taking of game and fish" and insert "fishing,
hunting, and the taking of game and fish"
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the first portion of the
Sviggum amendment and the roll was called.
Winter moved that those not voting be excused from
voting. The motion prevailed.
There were 118 yeas and 8 nays as follows:
Those who voted in the affirmative were:
| Abrams | Entenza | Kahn | Marko | Paulsen | Swenson, H. |
| Anderson, B. | Erhardt | Kalis | McCollum | Pawlenty | Sykora |
| Anderson, I. | Erickson | Kelso | McElroy | Peterson | Tingelstad |
| Bakk | Evans | Kielkucki | McGuire | Pugh | Tomassoni |
| Bettermann | Finseth | Kinkel | Milbert | Rest | Tompkins |
| Biernat | Folliard | Knight | Molnau | Reuter | Trimble |
| Bishop | Garcia | Knoblach | Mulder | Rhodes | Tuma |
| Boudreau | Goodno | Koskinen | Mullery | Rifenberg | Tunheim |
| Bradley | Gunther | Kraus | Munger | Rostberg | Van Dellen |
| Broecker | Haas | Krinkie | Murphy | Rukavina | Vandeveer |
| Chaudhary | Harder | Kubly | Ness | Schumacher | Wagenius |
| Clark, J. | Hasskamp | Kuisle | Nornes | Seagren | Weaver |
| Commers | Hilty | Larsen | Olson, E. | Seifert | Wenzel |
| Daggett | Holsten | Leighton | Olson, M. | Sekhon | Westfall |
| Davids | Huntley | Leppik | Opatz | Skare | Winter |
| Dawkins | Jefferson | Lieder | Orfield | Slawik | Wolf |
| Dehler | Jennings | Lindner | Osskopp | Smith | Workman |
| Delmont | Johnson, A. | Macklin | Osthoff | Solberg | Spk. Carruthers |
| Dempsey | Johnson, R. | Mares | Otremba, M. | Stang | |
| Dorn | Juhnke | Mariani | Ozment | Sviggum | |
Those who voted in the negative were:
| Clark, K. | Greiling | Mahon | Skoglund | Wejcman |
| Greenfield | Hausman | Paymar | ||
The motion prevailed and the first portion of the Sviggum amendment was adopted.
Macklin was excused between the hours of 12:50 p.m. and 1:45 p.m.
The second portion of the Sviggum amendment to S. F. No. 41, the unofficial engrossment, as amended, reads as follows:
Page 1, lines 14 and 22, delete "privilege" and insert "right"
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the second portion of the
Sviggum amendment and the roll was called.
Winter moved that those not voting be excused from
voting. The motion prevailed.
There were 63 yeas and 63 nays as follows:
Those who voted in the affirmative were:
| Abrams | Dehler | Knoblach | Nornes | Rifenberg | Tingelstad |
| Anderson, B. | Dempsey | Kraus | Olson, E. | Rostberg | Tomassoni |
| Anderson, I. | Erickson | Krinkie | Olson, M. | Rukavina | Van Dellen |
| Bakk | Finseth | Kubly | Osskopp | Schumacher | Vandeveer |
| Bettermann | Goodno | Kuisle | Ozment | Seifert | Weaver |
| Boudreau | Gunther | Larsen | Paulsen | Smith | Wenzel |
| Broecker | Haas | Lindner | Pawlenty | Solberg | Westfall |
| Clark, J. | Harder | Mares | Peterson | Stanek | Workman |
| Commers | Juhnke | Molnau | Rest | Stang | |
| Daggett | Kielkucki | Mulder | Reuter | Sviggum | |
| Davids | Knight | Ness | Rhodes | Swenson, H. | |
Those who voted in the negative were:
| Biernat | Evans | Jaros | Leppik | Murphy | Trimble |
| Bishop | Farrell | Jefferson | Lieder | Opatz | Tuma |
| Bradley | Folliard | Jennings | Long | Orfield | Tunheim |
| Carlson | Garcia | Johnson, A. | Mahon | Osthoff | Wagenius |
| Chaudhary | Greenfield | Johnson, R. | Mariani | Pugh | Wejcman |
| Clark, K. | Greiling | Kahn | Marko | Seagren | Winter |
| Dawkins | Hasskamp | Kalis | McCollum | Sekhon | Wolf |
| Delmont | Hausman | Kelso | McElroy | Skare | Spk. Carruthers |
| Dorn | Hilty | Kinkel | McGuire | Skoglund | |
| Entenza | Holsten | Koskinen | Milbert | Slawik | |
| Erhardt | Huntley | Leighton | Mullery | Sykora | |
The motion did not prevail and the second portion of the Sviggum amendment was not adopted.
S. F. No. 41, as amended, was read for the third time.
Weaver moved that the action whereby S. F. No. 41, as amended, was given its third reading be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the Weaver motion and the roll was called.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 65 yeas and 65 nays as follows:
Those who voted in the affirmative were:
| Abrams | Daggett | Holsten | McElroy | Rhodes | Sykora |
| Anderson, B. | Davids | Kielkucki | Molnau | Rifenberg | Tingelstad |
| Anderson, I. | Dehler | Knight | Mulder | Rostberg | Tompkins |
| Bakk | Dempsey | Knoblach | Ness | Rukavina | Tuma |
| Bettermann | Erhardt | Kraus | Nornes | Seagren | Van Dellen |
| Bishop | Erickson | Krinkie | Olson, M. | Seifert | Vandeveer |
| Boudreau | Finseth | Kuisle | Osskopp | Smith | Weaver |
|
Journal of the House - 100th Day - Thursday, March 26, 1998 - Top of Page 8647 |
|||||
| Bradley | Goodno | Larsen | Ozment | Stanek | Westfall |
| Broecker | Gunther | Leppik | Paulsen | Stang | Wolf |
| Clark, J. | Haas | Lindner | Pawlenty | Sviggum | Workman |
| Commers | Harder | Mares | Reuter | Swenson, H. | |
Those who voted in the negative were:
| Biernat | Garcia | Johnson, R. | Mahon | Orfield | Slawik |
| Carlson | Greenfield | Juhnke | Mariani | Osthoff | Solberg |
| Chaudhary | Greiling | Kahn | Marko | Otremba, M. | Tomassoni |
| Clark, K. | Hasskamp | Kalis | McCollum | Paymar | Trimble |
| Dawkins | Hausman | Kelso | McGuire | Peterson | Tunheim |
| Delmont | Hilty | Kinkel | Milbert | Pugh | Wagenius |
| Dorn | Huntley | Koskinen | Mullery | Rest | Wejcman |
| Entenza | Jaros | Kubly | Munger | Schumacher | Wenzel |
| Evans | Jefferson | Leighton | Murphy | Sekhon | Winter |
| Farrell | Jennings | Lieder | Olson, E. | Skare | Spk. Carruthers |
| Folliard | Johnson, A. | Long | Opatz | Skoglund | |
The motion did not prevail.
S. F. No. 41, A bill for an act proposing an amendment to the Minnesota Constitution, article 1, by adding a section; affirming the right of citizens to hunt or take game and fish.
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.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 118 yeas and 13 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Kalis | McCollum | Peterson | Swenson, H. |
| Anderson, B. | Erickson | Kelso | McElroy | Pugh | Sykora |
| Anderson, I. | Evans | Kielkucki | McGuire | Rest | Tingelstad |
| Bakk | Farrell | Kinkel | Milbert | Reuter | Tomassoni |
| Bettermann | Finseth | Knight | Molnau | Rhodes | Tompkins |
| Bishop | Garcia | Knoblach | Mulder | Rifenberg | Trimble |
| Boudreau | Goodno | Koskinen | Mullery | Rostberg | Tuma |
| Bradley | Gunther | Kraus | Murphy | Rukavina | Tunheim |
| Broecker | Haas | Krinkie | Ness | Schumacher | Van Dellen |
| Carlson | Harder | Kubly | Nornes | Seagren | Vandeveer |
| Chaudhary | Hasskamp | Kuisle | Olson, E. | Seifert | Wagenius |
| Clark, J. | Hilty | Larsen | Olson, M. | Sekhon | Weaver |
| Commers | Holsten | Leighton | Opatz | Skare | Wenzel |
| Daggett | Huntley | Leppik | Orfield | Skoglund | Westfall |
| Davids | Jefferson | Lieder | Osskopp | Slawik | Winter |
| Dawkins | Jennings | Lindner | Osthoff | Smith | Wolf |
|
Journal of the House - 100th Day - Thursday, March 26, 1998 - Top of Page 8648 |
|||||
| Dehler | Johnson, A. | Long | Otremba, M. | Solberg | Workman |
| Delmont | Johnson, R. | Macklin | Ozment | Stanek | Spk. Carruthers |
| Dempsey | Juhnke | Mares | Paulsen | Stang | |
| Dorn | Kahn | Marko | Pawlenty | Sviggum | |
Those who voted in the negative were:
| Biernat | Folliard | Hausman | Mariani | Wejcman |
| Clark, K. | Greenfield | Jaros | Munger | |
| Entenza | Greiling | Mahon | Paymar | |
The bill was passed, as amended, and its title agreed to.
Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.
S. F. No. 1480 which was temporarily laid over earlier today on Special Orders was again reported to the House.
Entenza moved that S. F. No. 1480 be temporarily laid over on Special Orders. The motion prevailed.
S. F. No. 1074 was reported to the House.
Rukavina offered an amendment to S. F. No. 1074.
Bettermann raised a point of order pursuant to rule 3.09 that the Rukavina amendment was not in order. The Speaker ruled the point of order not well taken and the Rukavina amendment in order.
Bettermann raised a point of order pursuant to rule 3.10 that the Rukavina amendment was not in order. The Speaker ruled the point of order well taken and the Rukavina amendment out of order.
Pugh moved that S. F. No. 1074 be continued on Special Orders. The motion prevailed.
S. F. No. 1480 which was temporarily laid over earlier today on Special Orders was again reported to the House.
Entenza moved to amend S. F. No. 1480, the unofficial engrossment, as follows:
Page 2, delete lines 6 to 11 and insert:
"(1) that there is probable cause to believe that the source has specific
information sought (i) is clearly relevant to a specific violation of the law other than a misdemeanor
gross misdemeanor or felony, or (ii) is clearly relevant
to a misdemeanor so long as the information would not tend to identify the
source of the information or the means through which it was obtained,"
| Abrams | Erhardt | Johnson, R. | Mariani | Pawlenty | Swenson, H. |
| Anderson, B. | Erickson | Juhnke | Marko | Paymar | Sykora |
| Anderson, I. | Evans | Kahn | McCollum | Peterson | Tingelstad |
| Bettermann | Farrell | Kalis | McElroy | Pugh | Tomassoni |
| Biernat | Finseth | Kielkucki | McGuire | Rest | Trimble |
| Bishop | Folliard | Kinkel | Milbert | Reuter | Tuma |
| Boudreau | Garcia | Knoblach | Molnau | Rhodes | Tunheim |
| Broecker | Greenfield | Koskinen | Mulder | Rifenberg | Van Dellen |
| Carlson | Greiling | Kraus | Mullery | Rostberg | Vandeveer |
| Chaudhary | Gunther | Krinkie | Munger | Rukavina | Wagenius |
| Clark, J. | Haas | Kubly | Murphy | Schumacher | Weaver |
| Clark, K. | Harder | Kuisle | Ness | Seagren | Wejcman |
| Commers | Hasskamp | Larsen | Nornes | Seifert | Wenzel |
| Daggett | Hausman | Leighton | Olson, M. | Sekhon | Westfall |
| Davids | Hilty | Leppik | Opatz | Skare | Winter |
| Dawkins | Holsten | Lieder | Orfield | Skoglund | Wolf |
| Dehler | Huntley | Lindner | Osskopp | Slawik | Workman |
| Delmont | Jaros | Long | Osthoff | Smith | Spk. Carruthers |
| Dempsey | Jefferson | Macklin | Otremba, M. | Solberg | |
| Dorn | Jennings | Mahon | Ozment | Stang | |
| Entenza | Johnson, A. | Mares | Paulsen | Sviggum | |
Those who voted in the negative were:
| Bradley | Goodno | Knight | Olson, E. | Stanek | Tompkins |
The bill was passed, as amended, and its title agreed to.
Bishop moved that S. F. No. 2050 be taken from the table. The motion prevailed.
S. F. No. 2050 was reported to the House.
Bishop moved to amend S. F. No. 2050 as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 2521, the second engrossment:
"Section 1. Minnesota Statutes 1996, section 144.335, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this section, the following terms have the meanings given them:
(a) "Patient" means a natural person who has received
health care services from a provider for treatment or examination of a medical,
psychiatric, or mental condition, the surviving spouse and parents of a deceased
patient, or a person the patient authority of the agent has been limited by the principal
in the principal's health care directivedesignates appoints in writing as a representative, including a health care agent acting pursuant to chapter
145C, unless the
(b) "Provider" means (1) any person who furnishes health care services and is licensed to furnish the services pursuant to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care provider licensed under section 144A.46; (3) a health care facility licensed pursuant to this chapter or chapter 144A; (4) a physician assistant registered under chapter 147A; and (5) an unlicensed mental health practitioner regulated pursuant to sections 148B.60 to 148B.71.
(c) "Individually identifiable form" means a form in which the patient is or can be identified as the subject of the health records.
Sec. 2. [145B.011] [APPLICATION OF CHAPTER.]
This chapter applies only to living wills executed before August 1, 1998. If a document purporting to be a living will is executed on or after August 1, 1998, its legal sufficiency, interpretation, and enforcement must be determined under the provisions of chapter 145C in effect on the date of its execution.
Sec. 3. Minnesota Statutes 1996, section 145C.01, is amended by adding a subdivision to read:
Subd. 1a. [ACT IN GOOD FAITH.] "Act in good faith" means to act consistently with a legally sufficient health care directive of the principal, a living will executed under chapter 145B, a declaration regarding intrusive mental health treatment executed under section 253B.03, subdivision 6d, or information otherwise made known by the principal, unless the actor has actual knowledge of the modification or revocation of the information expressed. If these sources of information do not provide adequate guidance to the actor, "act in good faith" means acting in the best interests of the principal, considering the principal's overall general health condition and prognosis and the principal's personal values to the extent known. Notwithstanding any instruction of the principal, a health care agent, health care provider, or any other person is not acting in good faith if the person violates the provisions of section 609.215 prohibiting assisted suicide.
Sec. 4. Minnesota Statutes 1996, section 145C.01, is amended by adding a subdivision to read:
Subd. 1b. [DECISION-MAKING CAPACITY.] "Decision-making capacity" means the ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision.
Sec. 5. Minnesota Statutes 1996, section 145C.01, subdivision 2, is amended to read:
Subd. 2. [HEALTH CARE AGENT.]
"Health care agent" means an individual age 18 or
older who is designated appointed by a principal in a durable health care power of
attorney for health care to make health care
decisions on behalf of a the principal and has consented
to act in that capacity. An agent "Health care agent" may also be referred to as "attorney in fact agent."
Sec. 6. Minnesota Statutes 1996, section 145C.01, subdivision 3, is amended to read:
Subd. 3. [DURABLE HEALTH CARE POWER OF ATTORNEY FOR
HEALTH CARE.] "Durable Health care power of attorney for
health care" means an instrument authorizing an
agent appointing one or more health care agents
to make health care decisions for the principal if the
principal is unable, in the judgment of the attending physician, to make or
communicate health care decisions.
Sec. 7. Minnesota Statutes 1996, section 145C.01, subdivision 4, is amended to read:
Subd. 4. [HEALTH CARE.] "Health care" means any care,
treatment, service, or procedure to maintain, diagnose, or relating to intrusive mental health treatmenttreat otherwise affect a
person's physical or mental condition. "Health care" includes the provision of
nutrition or hydration parenterally or through intubation but does not include any treatment, service, or procedure
that violates the provisions of 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
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:
(1) signed by at least two
individuals age 18 or older each of whom witnessed either the signing of the
instrument by the principal or the principal's acknowledgment of the signature;
or
(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 (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.] (b) At least one witness to
the execution of the Sec. 14. Minnesota Statutes 1996, section 145C.04, is
amended to read:
145C.04 [EXECUTED IN ANOTHER STATE.]
(a) A (1) complies with the law of the
state or jurisdiction in which it was executed; or
(2) complies with section
145C.03.
(b) Nothing in this section shall
be interpreted to authorize a directive or similar document to override the
provisions of section 609.215 prohibiting assisted suicide.
Sec. 15. Minnesota Statutes 1996, section 145C.05,
subdivision 1, is amended to read:
Subdivision 1. [CONTENT.] A Sec. 16. Minnesota Statutes 1996, section 145C.05,
subdivision 2, is amended to read:
Subd. 2. [ (1) the designation of one or more (2) (3) limitations, if any, on the right of the health care agent or any (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; (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;
(9) specific reasons why a
principal wants a health care provider or an employee of a health care provider
attending the principal to be eligible to act as the principal's health care
agent;
(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.]
(1) it (2) the principal 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.
Sec. 18. Minnesota Statutes 1996, section 145C.07, is
amended to read:
145C.07 [AUTHORITY AND DUTIES OF HEALTH CARE AGENT.]
Subdivision 1. [AUTHORITY.] The health care agent has authority to make any particular
health care decision only if the principal met Subd. 2. [HEALTH CARE AGENT AS
GUARDIAN.] Subd. 3. [DUTIES.] In exercising Subd. 4. [INCONSISTENCIES AMONG DOCUMENTS.] In the event
of inconsistency between the Sec. 19. Minnesota Statutes 1996, section 145C.08, is
amended to read:
145C.08 [AUTHORITY TO REVIEW MEDICAL RECORDS.]
Sec. 20. Minnesota Statutes 1996, section 145C.09, is
amended to read:
145C.09 [REVOCATION OF Subdivision 1. [REVOCATION.] (1) canceling, defacing, obliterating, burning, tearing,
or otherwise destroying the (2) executing a statement, in writing and dated,
expressing the principal's intent to revoke the (3) verbally expressing the principal's intent to revoke
the (4) executing a subsequent Subd. 2. [EFFECT OF DISSOLUTION OR ANNULMENT OF MARRIAGE
OR TERMINATION OF DOMESTIC PARTNERSHIP ON APPOINTMENT OF HEALTH CARE AGENT.] Unless the 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 (b) A health care provider or
health care agent may presume that a (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 (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.
(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.
Sec. 22. Minnesota Statutes 1996, section 145C.11, is
amended to read:
145C.11 [IMMUNITIES.]
Subdivision 1. [HEALTH CARE
AGENT.] 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:
(1) the health care provider believes in good faith that
the decision was made by (2) the health care provider believes in good faith that
the (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 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 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 and I know I do not have to appoint an agent or an
alternate agent)
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
(burial, cremation).
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 dying and 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.
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
Printed name 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 (2) willfully conceals or withholds personal knowledge of
a revocation of a (3) falsifies or forges a (4) coerces or fraudulently induces another to execute a
(5) requires or prohibits the execution of a 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 (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:
(1) the person (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 (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.
(f) This subdivision does not authorize the
administration of neuroleptic medications. Neuroleptic medications may be
administered only as provided in section 253B.092.
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 guardian, conservator, proxy, or (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:
(1) the patient has the capacity to make an informed
decision under subdivision 4;
(2) the patient does not have the present capacity to
consent to the administration of neuroleptic medication, but prepared a (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 (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.
(f) The substitute decision-maker's authority to consent
to treatment lasts for the duration of the court's order of appointment or until
modified by the court.
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 If the person is a patient 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:
Subdivision 1. [ATTENDANCE AT HEARING.] If the proposed
ward or conservatee is within the state, that person shall be present at the
hearing unless in a meeting with a visitor that person specifically waives the
right to appear in person or is not able to attend by reason of medical
condition as evidenced by a written statement from a licensed physician. The
written statement shall be evidence only of the proposed ward's or conservatee's
medical inability to attend the hearing, and shall not be considered in
determining the issue of incapacity. The written
statement must also inform the court of the 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
(6) a guardian or conservator
of the person of the decedent at the time of death or a
health care agent or proxy appointed by the decedent 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.
(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.]
Sections 1 to 38 are effective
August 1, 1998."
The motion prevailed and the amendment was adopted.
Bishop moved to amend S. F. No. 2050, as amended, as
follows:
Page 15, line 34, before "A"
insert "With respect to health care provided to a patient
with a health care directive and in accordance with applicable standards of
care,"
The motion prevailed and the amendment was adopted.
Bishop and Van Dellen moved to amend S. F. No. 2050, as
amended, as follows:
Page 4, line 29, delete "readily" and delete "without
undue effort"
Page 14, line 28, after "and" insert ", except as otherwise provided by section 145C.15,"
The motion prevailed and the amendment was adopted.
S. F. No. 2050, 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 110 yeas and 21 nays as follows:
Those who voted in the affirmative were:
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:
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.
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.
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:
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.
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:
alternative alternate health
care agents to act if the named health care agent
is unable, unavailable, or unwilling not reasonably available to serve;
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;
alternative alternate health
care agents to receive, review, obtain copies of, and consent to the
disclosure of the principal's medical records;
and
.;
(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:
has been executed in
accordance with meets the requirements of section
145C.03, subdivision 1; and
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.
(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.
is unable
lacks decision-making capacity, in the determination
of the attending physician, to make or communicate that health care decision; or if other conditions for effectiveness otherwise
specified by the principal have been
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.
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.
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.
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.
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.
DURABLE
POWER OF ATTORNEY HEALTH CARE DIRECTIVE.]
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:
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;
durable
power of attorney for health care directive in whole
or in part;
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
durable
power of attorney for health care instrument directive, to the extent the subsequent instrument is
inconsistent with any prior instrument.
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.
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.
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.
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.
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.
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.
an a
health care agent authorized appointed to make the decision and has no actual
knowledge that the durable power of attorney for
health care directive has been revoked; and
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:
durable power of attorney for
health care directive.
an a health care agent appointed pursuant to this chapter, or pursuant to the implementation of health care
instructions under this chapter.
durable power of attorney for health care directive of a principal without the consent of the
principal;
durable power of attorney for
health care directive;
durable
power of attorney for health care directive or a
revocation of the instrument;
durable power of attorney for health care directive; or
durable power of attorney for health care directive as a condition for being insured for or
receiving all or some health care services.
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.
designated appointed in a dated written instrument signed by the
decedent. Written instrument includes, but is not limited
to, a health care directive executed under chapter 145C. Written instrument
does not include a durable or nondurable power of attorney which terminates on
the death of the principal pursuant to sections 523.08 and 523.09;
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.
durable power of attorney for health care directive under chapter 145C or a
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.
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;
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.
,;
,
, by mail postmarked at least 14 days prior to
the hearing.
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.
| Abrams | Erhardt | Johnson, A. | Mares | Paulsen | Sykora |
| Bakk | Evans | Johnson, R. | Mariani | Pawlenty | Tingelstad |
| Bettermann | Farrell | Juhnke | Marko | Paymar | Tomassoni |
| Biernat | Finseth | Kahn | McCollum | Peterson | Trimble |
| Bishop | Folliard | Kalis | McElroy | Pugh | Tuma |
| Boudreau | Garcia | Kelso | McGuire | Rest | Tunheim |
| Bradley | Goodno | Kinkel | Milbert | Rhodes | Van Dellen |
| Carlson | Greenfield | Knoblach | Molnau | Rostberg | Wagenius |
| Chaudhary | Greiling | Koskinen | Mullery | Rukavina | Weaver |
| Clark, J. | Gunther | Kraus | Munger | Schumacher | Wejcman |
| Clark, K. | Haas | Krinkie | Ness | Seagren | Westfall |
| Commers | Harder | Kubly | Nornes | Sekhon | Winter |
| Daggett | Hausman | Kuisle | Olson, E. | Skare | Wolf |
| Davids | Hilty | Leighton | Olson, M. | Skoglund | Workman |
| Dawkins | Holsten | Leppik | Opatz | Slawik | Spk. Carruthers |
| Delmont | Huntley | Lieder | Orfield | Solberg | |
| Dempsey | Jaros | Long | Osskopp | Stanek | |
| Dorn | Jefferson | Macklin | Osthoff | Sviggum | |
| Entenza | Jennings | Mahon | Ozment | Swenson, H. | |
Those who voted in the negative were:
| Anderson, B. | Erickson | Larsen | Otremba, M. | Smith | Wenzel |
| Anderson, I. | Hasskamp | Lindner | Reuter | Stang | |
| Broecker | Kielkucki | Mulder | Rifenberg | Tompkins | |
| Dehler | Knight | Murphy | Seifert | Vandeveer | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 3397, A bill for an act relating to commerce; eliminating retroactive application of air carrier franchise exemption to pending litigation; amending Laws 1997, chapter 222, section 61.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 2 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Juhnke | Mariani | Paymar | Sykora |
| Anderson, B. | Erickson | Kahn | Marko | Peterson | Tingelstad |
| Bakk | Evans | Kalis | McElroy | Pugh | Tomassoni |
| Bettermann | Farrell | Kelso | McGuire | Rest | Tompkins |
| Biernat | Finseth | Kielkucki | Milbert | Reuter | Trimble |
| Bishop | Folliard | Kinkel | Molnau | Rhodes | Tuma |
| Boudreau | Garcia | Knight | Mulder | Rifenberg | Tunheim |
| Bradley | Goodno | Knoblach | Mullery | Rostberg | Van Dellen |
| Broecker | Greenfield | Koskinen | Munger | Rukavina | Vandeveer |
| Carlson | Greiling | Kraus | Murphy | Schumacher | Wagenius |
| Chaudhary | Gunther | Krinkie | Ness | Seagren | Weaver |
| Clark, J. | Haas | Kubly | Nornes | Seifert | Wejcman |
| Clark, K. | Harder | Kuisle | Olson, E. | Sekhon | Wenzel |
| Commers | Hasskamp | Larsen | Olson, M. | Skare | Westfall |
| Daggett | Hilty | Leighton | Opatz | Skoglund | Winter |
| Davids | Holsten | Leppik | Orfield | Slawik | Wolf |
| Dawkins | Huntley | Lieder | Osskopp | Smith | Workman |
| Dehler | Jaros | Lindner | Osthoff | Solberg | Spk. Carruthers |
|
Journal of the House - 100th Day - Thursday, March 26, 1998 - Top of Page 8671 |
|||||
| Delmont | Jefferson | Long | Otremba, M. | Stanek | |
| Dempsey | Jennings | Macklin | Ozment | Stang | |
| Dorn | Johnson, A. | Mahon | Paulsen | Sviggum | |
| Entenza | Johnson, R. | Mares | Pawlenty | Swenson, H. | |
Those who voted in the negative were:
| Anderson, I.McCollum | |
The bill was passed and its title agreed to.
Winter moved that the remaining bill on Special Orders for today be continued. The motion prevailed.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
Winter moved that his name be stricken and the name of Rukavina as be added as chief author on H. F. No. 2034. The motion prevailed.
Clark, K., moved her name be stricken and the name of Mullery be added as chief author on H. F. No. 1473. The motion prevailed.
Rest moved that H. F. No. 2512 be returned to its author. The motion prevailed.
Rukavina moved that H. F. No. 2897 be returned to its author. The motion prevailed.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2718:
Clark, K.; Jennings and Mares.
Winter moved that when the House adjourns today it adjourn until 9:00 a.m., Monday, March 30, 1998. The motion prevailed.
Winter moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Monday, March 30, 1998.
Edward A. Burdick, Chief Clerk, House of Representatives