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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 60-H.F.No. 179 
                  An act relating to drivers' licenses; providing for 
                  designation of advance health care directives on 
                  drivers' licenses and Minnesota identification cards; 
                  amending Minnesota Statutes 1996, sections 171.06, 
                  subdivision 3; and 171.07, subdivision 7.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 171.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] An 
        application must state the full name, date of birth, sex and 
        residence address of the applicant, a description of the 
        applicant in such manner as the commissioner may require, and 
        must state whether or not the applicant has theretofore been 
        licensed as a driver; and, if so, when and by what state or 
        country and whether any such license has ever been suspended or 
        revoked, or whether an application has ever been refused; and, 
        if so, the date of and reason for such suspension, revocation, 
        or refusal, together with such facts pertaining to the applicant 
        and the applicant's ability to operate a motor vehicle with 
        safety as may be required by the commissioner.  An application 
        for a class C, class B, or class A driver's license also must 
        state the applicant's social security number.  An application 
        for a class D driver's license must have a space for the 
        applicant's social security number and state that providing the 
        number is optional, or otherwise convey that the applicant is 
        not required to enter the social security number.  The 
        application form must contain a space where the applicant may 
        indicate a desire to make an anatomical gift.  If the applicant 
        does not indicate a desire to make an anatomical gift when the 
        application is made, the applicant must be offered a donor 
        document in accordance with section 171.07, subdivision 5.  The 
        application form must contain statements sufficient to comply 
        with the requirements of the uniform anatomical gift act (1987), 
        sections 525.921 to 525.9224, so that execution of the 
        application or donor document will make the anatomical gift as 
        provided in section 171.07, subdivision 5, for those indicating 
        a desire to make an anatomical gift.  The application form must 
        contain a notification to the applicant of the availability of a 
        living will/health care directive designation on the license 
        under section 171.07, subdivision 7.  The application must be in 
        the form prepared by the commissioner.  
           The application form must be accompanied by a pamphlet 
        containing relevant facts relating to:  
           (1) the effect of alcohol on driving ability; 
           (2) the effect of mixing alcohol with drugs; 
           (3) the laws of Minnesota relating to operation of a motor 
        vehicle while under the influence of alcohol or a controlled 
        substance; and 
           (4) the levels of alcohol-related fatalities and accidents 
        in Minnesota and of arrests for alcohol-related violations. 
           The application form must also be accompanied by a pamphlet 
        describing Minnesota laws regarding anatomical gifts and the 
        need for and benefits of anatomical gifts. 
           Sec. 2.  Minnesota Statutes 1996, section 171.07, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LIVING WILL/HEALTH CARE DIRECTIVE DESIGNATION.] 
        At the written request of the applicant and on payment of the 
        required fee, the department shall issue, renew, or reissue a 
        driver's license or Minnesota identification card bearing the 
        designation "Living Will/Health Care Directive" or an 
        abbreviation thereof.  The designation does not constitute 
        delivery of a health care declaration under section 145B.05.  
           On payment of the required fee, the department shall issue 
        a replacement or renewal license or identification card without 
        the designation if requested by the applicant.  
           This subdivision does not impose any additional duty on a 
        health care provider, as defined in section 145B.02, subdivision 
        6, or section 145C.01, subdivision 6, beyond the duties imposed 
        in chapter 145B or 145C.  
           For the purposes of this subdivision,: 
           (1) "living will" means a declaration made under section 
        145B.03; and 
           (2) "health care directive" means a durable power of 
        attorney for health care under section 145C.02, or any other 
        written advance health care directive of the applicant that is 
        authorized by statute or not prohibited by law. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective January 1, 1998. 
           Presented to the governor April 24, 1997 
           Signed by the governor April 28, 1997, 10:42 a.m.