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HF 179

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; providing for 
  1.3             designation of advance health care directives on 
  1.4             drivers' licenses and Minnesota identification cards; 
  1.5             amending Minnesota Statutes 1996, sections 171.06, 
  1.6             subdivision 3; and 171.07, subdivision 7.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 171.06, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] An 
  1.11  application must state the full name, date of birth, sex and 
  1.12  residence address of the applicant, a description of the 
  1.13  applicant in such manner as the commissioner may require, and 
  1.14  must state whether or not the applicant has theretofore been 
  1.15  licensed as a driver; and, if so, when and by what state or 
  1.16  country and whether any such license has ever been suspended or 
  1.17  revoked, or whether an application has ever been refused; and, 
  1.18  if so, the date of and reason for such suspension, revocation, 
  1.19  or refusal, together with such facts pertaining to the applicant 
  1.20  and the applicant's ability to operate a motor vehicle with 
  1.21  safety as may be required by the commissioner.  An application 
  1.22  for a class C, class B, or class A driver's license also must 
  1.23  state the applicant's social security number.  An application 
  1.24  for a class D driver's license must have a space for the 
  1.25  applicant's social security number and state that providing the 
  1.26  number is optional, or otherwise convey that the applicant is 
  2.1   not required to enter the social security number.  The 
  2.2   application form must contain a space where the applicant may 
  2.3   indicate a desire to make an anatomical gift.  If the applicant 
  2.4   does not indicate a desire to make an anatomical gift when the 
  2.5   application is made, the applicant must be offered a donor 
  2.6   document in accordance with section 171.07, subdivision 5.  The 
  2.7   application form must contain statements sufficient to comply 
  2.8   with the requirements of the uniform anatomical gift act (1987), 
  2.9   sections 525.921 to 525.9224, so that execution of the 
  2.10  application or donor document will make the anatomical gift as 
  2.11  provided in section 171.07, subdivision 5, for those indicating 
  2.12  a desire to make an anatomical gift.  The application form must 
  2.13  contain a notification to the applicant of the availability of a 
  2.14  living will/health care directive designation on the license 
  2.15  under section 171.07, subdivision 7.  The application must be in 
  2.16  the form prepared by the commissioner.  
  2.17     The application form must be accompanied by a pamphlet 
  2.18  containing relevant facts relating to:  
  2.19     (1) the effect of alcohol on driving ability; 
  2.20     (2) the effect of mixing alcohol with drugs; 
  2.21     (3) the laws of Minnesota relating to operation of a motor 
  2.22  vehicle while under the influence of alcohol or a controlled 
  2.23  substance; and 
  2.24     (4) the levels of alcohol-related fatalities and accidents 
  2.25  in Minnesota and of arrests for alcohol-related violations. 
  2.26     The application form must also be accompanied by a pamphlet 
  2.27  describing Minnesota laws regarding anatomical gifts and the 
  2.28  need for and benefits of anatomical gifts. 
  2.29     Sec. 2.  Minnesota Statutes 1996, section 171.07, 
  2.30  subdivision 7, is amended to read: 
  2.31     Subd. 7.  [LIVING WILL/HEALTH CARE DIRECTIVE DESIGNATION.] 
  2.32  At the written request of the applicant and on payment of the 
  2.33  required fee, the department shall issue, renew, or reissue a 
  2.34  driver's license or Minnesota identification card bearing the 
  2.35  designation "Living Will/Health Care Directive" or an 
  2.36  abbreviation thereof.  The designation does not constitute 
  3.1   delivery of a health care declaration under section 145B.05.  
  3.2      On payment of the required fee, the department shall issue 
  3.3   a replacement or renewal license or identification card without 
  3.4   the designation if requested by the applicant.  
  3.5      This subdivision does not impose any additional duty on a 
  3.6   health care provider, as defined in section 145B.02, subdivision 
  3.7   6, or section 145C.01, subdivision 6, beyond the duties imposed 
  3.8   in chapter 145B or 145C.  
  3.9      For the purposes of this subdivision,: 
  3.10     (1) "living will" means a declaration made under section 
  3.11  145B.03; and 
  3.12     (2) "health care directive" means a durable power of 
  3.13  attorney for health care under section 145C.02, or any other 
  3.14  written advance health care directive of the applicant that is 
  3.15  authorized by statute or not prohibited by law. 
  3.16     Sec. 3.  [EFFECTIVE DATE.] 
  3.17     Sections 1 and 2 are effective January 1, 1998.