1.1.................... moves to amend H.F. No. 2188 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 201.014, subdivision 2, is amended to
1.5    Subd. 2. Not eligible. The following individuals are not eligible to vote. Any
1.7(a) convicted of treason or any felony whose civil rights have not been restored;
1.8(b) under a guardianship;
1.9(c) under a limited guardianship in which the court order revokes the ward's right
1.10to vote; or
1.11(c) (d) found by a court of law to be legally incompetent.

1.12    Sec. 2. Minnesota Statutes 2010, section 201.071, subdivision 1, is amended to read:
1.13    Subdivision 1. Form. A voter registration application must be of suitable size and
1.14weight for mailing and contain spaces for the following required information: voter's first
1.15name, middle name, and last name; voter's previous name, if any; voter's current address;
1.16voter's previous address, if any; voter's date of birth; voter's municipality and county
1.17of residence; voter's telephone number, if provided by the voter; date of registration;
1.18current and valid Minnesota driver's license number or Minnesota state identification
1.19number, or if the voter has no current and valid Minnesota driver's license or Minnesota
1.20state identification, the last four digits of the voter's Social Security number; and voter's
1.21signature. The registration application may include the voter's e-mail address, if provided
1.22by the voter, and the voter's interest in serving as an election judge, if indicated by the
1.23voter. The application must also contain the following certification of voter eligibility:
1.24"I certify that I:
1.25(1) will be at least 18 years old on election day;
1.26(2) am a citizen of the United States;
2.1(3) will have resided in Minnesota for 20 days immediately preceding election day;
2.2(4) maintain residence at the address given on the registration form;
2.3(5) am not under a court-ordered guardianship;
2.4(6) am not under a court-ordered limited guardianship in which the court order
2.5revokes my right to vote;
2.6(6) (7) have not been found by a court to be legally incompetent to vote;
2.7(7) (8) have the right to vote because, if I have been convicted of a felony, my felony
2.8sentence has expired (been completed) or I have been discharged from my sentence; and
2.9(8) (9) have read and understand the following statement: that giving false
2.10information is a felony punishable by not more than five years imprisonment or a fine of
2.11not more than $10,000, or both."
2.12The certification must include boxes for the voter to respond to the following
2.14"(1) Are you a citizen of the United States?" and
2.15"(2) Will you be 18 years old on or before election day?"
2.16And the instruction:
2.17"If you checked 'no' to either of these questions, do not complete this form."
2.18The form of the voter registration application and the certification of voter eligibility
2.19must be as provided in this subdivision and approved by the secretary of state. Voter
2.20registration forms authorized by the National Voter Registration Act must also be accepted
2.21as valid. The federal postcard application form must also be accepted as valid if it is not
2.22deficient and the voter is eligible to register in Minnesota.
2.23An individual may use a voter registration application to apply to register to vote in
2.24Minnesota or to change information on an existing registration.

2.25    Sec. 3. Minnesota Statutes 2010, section 201.15, subdivision 1, is amended to read:
2.26    Subdivision 1. Guardianships and incompetents. (a) Pursuant to the Help
2.27America Vote Act of 2002, Public Law 107-252, the state court administrator shall report
2.28regularly by electronic means to the secretary of state the name, address, date of birth,
2.29and, if available, driver's license or state identification card number of each individual 18
2.30years of age or over, who since the last report:
2.31(1) was placed under a guardianship;
2.32(2) was placed under a limited guardianship in which the court order revokes the
2.33ward's right to vote; or
2.34(2) was adjudged legally incompetent.
3.1The court administrator shall also report the same information for each individual
3.2transferred to the jurisdiction of the court who meets a condition specified in clause (1) or
3.3(2). The secretary of state shall determine if any of the persons in the report is registered to
3.4vote and shall prepare a list of those registrants for the county auditor. The county auditor
3.5shall change the status on the record in the statewide registration system of any individual
3.6named in the report to indicate that the individual is not eligible to reregister or vote.
3.7(b) The secretary of state shall report, at least annually, to the chairs and ranking
3.8minority members of the house of representatives and senate committees with oversight
3.9over elections on the number of individuals in each county whose registration status
3.10is changed pursuant to this subdivision.

3.11    Sec. 4. Minnesota Statutes 2010, section 204C.10, is amended to read:
3.14(a) An individual seeking to vote shall sign a polling place roster which states that
3.15the individual is at least 18 years of age, a citizen of the United States, has resided in
3.16Minnesota for 20 days immediately preceding the election, maintains residence at the
3.17address shown, is not under a guardianship, is not under a limited guardianship in which
3.18the court order revokes the individual's right to vote, has not been found by a court of
3.19law to be legally incompetent to vote or has the right to vote because, if the individual
3.20was convicted of a felony, the felony sentence has expired or been completed or the
3.21individual has been discharged from the sentence, is registered and has not already voted
3.22in the election. The roster must also state: "I understand that deliberately providing false
3.23information is a felony punishable by not more than five years imprisonment and a fine of
3.24not more than $10,000, or both."
3.25(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
3.26address, and date of birth.
3.27(c) After the applicant signs the roster, the judge shall give the applicant a voter's
3.28receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
3.29of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
3.30voters' receipts must be maintained during the time for notice of filing an election contest.

3.31    Sec. 5. Minnesota Statutes 2010, section 524.5-120, is amended to read:
3.33The ward or protected person retains all rights not restricted by court order and these
3.34rights must be enforced by the court. These rights include the right to:
4.1(1) treatment with dignity and respect;
4.2(2) due consideration of current and previously stated personal desires, medical
4.3treatment preferences, religious beliefs, and other preferences and opinions in decisions
4.4made by the guardian or conservator;
4.5(3) receive timely and appropriate health care and medical treatment that does not
4.6violate known conscientious, religious, or moral beliefs of the ward or protected person;
4.7(4) exercise control of all aspects of life not delegated specifically by court order
4.8to the guardian or conservator;
4.9(5) guardianship or conservatorship services individually suited to the ward's or
4.10protected person's conditions and needs;
4.11(6) petition the court to prevent or initiate a change in abode;
4.12(7) care, comfort, social and recreational needs, training, education, habilitation, and
4.13rehabilitation care and services, within available resources;
4.14(8) be consulted concerning, and to decide to the extent possible, the reasonable
4.15care and disposition of the ward's or protected person's clothing, furniture, vehicles, and
4.16other personal effects, to object to the disposition of personal property and effects, and to
4.17petition the court for a review of the guardian's or conservator's proposed disposition;
4.18(9) personal privacy;
4.19(10) communication and visitation with persons of the ward's or protected person's
4.20choice, provided that if the guardian has found that certain communication or visitation
4.21may result in harm to the ward's or protected person's health, safety, or well-being, that
4.22communication or visitation may be restricted but only to the extent necessary to prevent
4.23the harm;
4.24(11) marry and procreate, unless court approval is required, and to consent or object
4.25to sterilization as provided in section 524.5-313, paragraph (c), clause (4), item (iv);
4.26(12) petition the court for termination or modification of the guardianship or
4.27conservatorship or for other appropriate relief;
4.28(13) be represented by an attorney in any proceeding or for the purpose of petitioning
4.29the court;
4.30(14) vote, unless restricted by the court; and pursuant to the Minnesota Constitution,
4.31article VII: an individual placed under a guardianship shall not be entitled or permitted to
4.32vote at any election in this state; an individual placed under a limited guardianship retains
4.33the right to vote unless otherwise ordered by the court; and
4.34(15) execute a health care directive, including both health care instructions and the
4.35appointment of a health care agent, if the court has not granted a guardian any of the
4.36powers or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4).

5.1    Sec. 6. Minnesota Statutes 2010, section 524.5-310, is amended to read:
5.3(a) The court may appoint a limited or unlimited guardian for a respondent only if it
5.4finds by clear and convincing evidence that:
5.5(1) the respondent is an incapacitated person; and
5.6(2) the respondent's identified needs cannot be met by less restrictive means,
5.7including use of appropriate technological assistance.
5.8(b) Alternatively, the court, with appropriate findings, may treat the petition as
5.9one for a protective order under section 524.5-401, enter any other appropriate order, or
5.10dismiss the proceeding.
5.11(c) The court shall grant to a guardian only those powers necessitated by the ward's
5.12limitations and demonstrated needs and, whenever feasible, make appointive and other
5.13orders that will encourage the development of the ward's maximum self-reliance and
5.14independence. Any power not specifically granted to the guardian, following a written
5.15finding by the court of a demonstrated need for that power, is retained by the ward.
5.16In making an order, the court shall explicitly declare whether the order establishes a
5.17guardianship or a limited guardianship and, in the case of a limited guardianship, the
5.18effect of the order on the ward's right to vote.
5.19(d) If the court grants the guardian any of the powers or duties under section
5.20524.5-313 , paragraph (c), clause (1), (2), or (4), the authority of a previously appointed
5.21health care agent to make health care decisions, as defined in section 145C.01, subdivision
5.225, is suspended until further order of the court or as otherwise provided by this section.
5.23The court may declare a health care directive unenforceable as provided in section
5.24145C.09, subdivision 3 . The court may declare that a health care directive has been
5.25revoked by the ward if the court finds, by clear and convincing evidence, that the ward has
5.26revoked the health care directive as provided in section 145C.09, subdivision 1.
5.27(e) A health care agent or other person legally appointed by the ward to control final
5.28disposition of the ward's remains under section 145C.05, subdivision 2, clause (7), or
5.29149A.80 , or a health care agent authorized to make organ or tissue donations under section
5.30525A.04 or 525A.09, may make health care decisions as defined in section 145C.01,
5.31subdivision 5, on behalf of the ward for the purpose of preparing the ward's body for organ
5.32or tissue donation or final disposition of the ward's remains, as applicable.
5.33(f) Within 14 days after an appointment, a guardian shall send or deliver to the ward,
5.34and counsel if represented at the hearing, a copy of the order of appointment accompanied
5.35by a notice which advises the ward of the right to appeal the guardianship appointment in
5.36the time and manner provided by the Rules of Appellate Procedure.
6.1(g) Each year, within 30 days after the anniversary date of an appointment, a
6.2guardian shall send or deliver to the ward and to interested persons of record with the
6.3court a notice of the right to request termination or modification of the guardianship or to
6.4request an order that is in the best interests of the ward or for other appropriate relief, and
6.5notice of the status of the ward's right to vote.
6.6(h) Within 14 days after an appointment, a guardian shall send, by certified mail,
6.7a copy of the order of appointment to the ward's current residential address. If a ward's
6.8residential address changes, the guardian must send a new copy of the original order of
6.9appointment and, if applicable, any modification to the order made by the court, to the
6.10new residential address by certified mail within 30 days of the change of address. The
6.11requirements of this paragraph do not apply if the guardian resides at the same address as
6.12the ward.

6.13    Sec. 7. Minnesota Statutes 2010, section 524.5-313, is amended to read:
6.15(a) A guardian shall be subject to the control and direction of the court at all times
6.16and in all things.
6.17(b) The court shall grant to a guardian only those powers necessary to provide
6.18for the demonstrated needs of the ward.
6.19(c) The court may appoint a guardian if it determines that all the powers and duties
6.20listed in this section are needed to provide for the needs of the incapacitated person. The
6.21court may also appoint a guardian if it determines that a guardian is needed to provide
6.22for the needs of the incapacitated person through the exercise of some, but not all, of the
6.23powers and duties listed in this section. The duties and powers of a guardian or those
6.24which the court may grant to a guardian include, but are not limited to:
6.25(1) the power to have custody of the ward and the power to establish a place of
6.26abode within or outside the state, except as otherwise provided in this clause. The ward or
6.27any interested person may petition the court to prevent or to initiate a change in abode. A
6.28ward may not be admitted to a regional treatment center by the guardian except:
6.29(i) after a hearing under chapter 253B;
6.30(ii) for outpatient services; or
6.31(iii) for the purpose of receiving temporary care for a specific period of time not
6.32to exceed 90 days in any calendar year;
6.33(2) the duty to provide for the ward's care, comfort, and maintenance needs,
6.34including food, clothing, shelter, health care, social and recreational requirements, and,
6.35whenever appropriate, training, education, and habilitation or rehabilitation. The guardian
7.1has no duty to pay for these requirements out of personal funds. Whenever possible and
7.2appropriate, the guardian should meet these requirements through governmental benefits
7.3or services to which the ward is entitled, rather than from the ward's estate. Failure to
7.4satisfy the needs and requirements of this clause shall be grounds for removal of a private
7.5guardian, but the guardian shall have no personal or monetary liability;
7.6(3) the duty to take reasonable care of the ward's clothing, furniture, vehicles,
7.7and other personal effects, and, if other property requires protection, the power to seek
7.8appointment of a conservator of the estate. The guardian must give notice by mail to
7.9interested persons prior to the disposition of the ward's clothing, furniture, vehicles, or
7.10other personal effects. The notice must inform the person of the right to object to the
7.11disposition of the property within ten days of the date of mailing and to petition the court
7.12for a review of the guardian's proposed actions. Notice of the objection must be served
7.13by mail or personal service on the guardian and the ward unless the ward is the objector.
7.14The guardian served with notice of an objection to the disposition of the property may not
7.15dispose of the property unless the court approves the disposition after a hearing;
7.16(4)(i) the power to give any necessary consent to enable the ward to receive
7.17necessary medical or other professional care, counsel, treatment, or service, except that no
7.18guardian may give consent for psychosurgery, electroshock, sterilization, or experimental
7.19treatment of any kind unless the procedure is first approved by order of the court as
7.20provided in this clause. The guardian shall not consent to any medical care for the ward
7.21which violates the known conscientious, religious, or moral belief of the ward;
7.22(ii) a guardian who believes a procedure described in item (i) requiring prior court
7.23approval to be necessary for the proper care of the ward, shall petition the court for an
7.24order and, in the case of a public guardianship under chapter 252A, obtain the written
7.25recommendation of the commissioner of human services. The court shall fix the time
7.26and place for the hearing and shall give notice to the ward in such manner as specified
7.27in section 524.5-308 and to interested persons. The court shall appoint an attorney to
7.28represent the ward who is not represented by counsel, provided that such appointment
7.29shall expire upon the expiration of the appeal time for the order issued by the court under
7.30this section or the order dismissing a petition, or upon such other time or event as the court
7.31may direct. In every case the court shall determine if the procedure is in the best interest
7.32of the ward. In making its determination, the court shall consider a written medical report
7.33which specifically considers the medical risks of the procedure, whether alternative, less
7.34restrictive methods of treatment could be used to protect the best interest of the ward, and
7.35any recommendation of the commissioner of human services for a public ward. The
7.36standard of proof is that of clear and convincing evidence;
8.1(iii) in the case of a petition for sterilization of a developmentally disabled ward, the
8.2court shall appoint a licensed physician, a psychologist who is qualified in the diagnosis
8.3and treatment of developmental disability, and a social worker who is familiar with the
8.4ward's social history and adjustment or the case manager for the ward to examine or
8.5evaluate the ward and to provide written reports to the court. The reports shall indicate
8.6why sterilization is being proposed, whether sterilization is necessary and is the least
8.7intrusive method for alleviating the problem presented, and whether it is in the best
8.8interest of the ward. The medical report shall specifically consider the medical risks of
8.9sterilization, the consequences of not performing the sterilization, and whether alternative
8.10methods of contraception could be used to protect the best interest of the ward;
8.11(iv) any ward whose right to consent to a sterilization has not been restricted under
8.12this section or section 252A.101 may be sterilized only if the ward consents in writing
8.13or there is a sworn acknowledgment by an interested person of a nonwritten consent
8.14by the ward. The consent must certify that the ward has received a full explanation
8.15from a physician or registered nurse of the nature and irreversible consequences of the
8.17(v) a guardian or the public guardian's designee who acts within the scope of
8.18authority conferred by letters of guardianship under section 252A.101, subdivision 7, and
8.19according to the standards established in this chapter or in chapter 252A shall not be
8.20civilly or criminally liable for the provision of any necessary medical care, including,
8.21but not limited to, the administration of psychotropic medication or the implementation
8.22of aversive and deprivation procedures to which the guardian or the public guardian's
8.23designee has consented;
8.24(5) in the event there is no duly appointed conservator of the ward's estate, the
8.25guardian shall have the power to approve or withhold approval of any contract, except for
8.26necessities, which the ward may make or wish to make;
8.27(6) the duty and power to exercise supervisory authority over the ward in a manner
8.28which limits civil rights and restricts personal freedom only to the extent necessary to
8.29provide needed care and services;
8.30(7) if there is no acting conservator of the estate for the ward, the guardian has the
8.31power to apply on behalf of the ward for any assistance, services, or benefits available to
8.32the ward through any unit of government;
8.33(8) unless otherwise ordered by the court, the ward retains the right to vote pursuant
8.34to the Minnesota Constitution, article VII: an individual placed under a guardianship shall
8.35not be entitled or permitted to vote at any election in this state; an individual placed under
8.36a limited guardianship retains the right to vote unless otherwise ordered by the court.

9.1    Sec. 8. Minnesota Statutes 2010, section 524.5-316, is amended to read:
9.4    Subdivision 1. Annual report of guardian. (a) A guardian shall report to the
9.5court in writing on the condition of the ward at least annually and whenever ordered by
9.6the court. A copy of the report must be provided to the ward and to interested persons
9.7of record with the court. A report must state or contain:
9.8(1) the current mental, physical, and social condition of the ward;
9.9(2) the living arrangements for all addresses of the ward during the reporting period;
9.10(3) any restrictions placed on the ward's right to communication and visitation with
9.11persons of the ward's choice and the factual bases for those restrictions;
9.12(4) the medical, educational, vocational, and other services provided to the ward and
9.13the guardian's opinion as to the adequacy of the ward's care;
9.14(5) a recommendation as to the need for continued guardianship and any
9.15recommended changes in the scope of the guardianship, including whether, in the view
9.16of the guardian, the ward's eligibility to vote should be rescinded, restored, or continue
9.18(6) an address and telephone number where the guardian can be contacted;
9.19(7) whether the guardian has ever been removed for cause from serving as a guardian
9.20or conservator and, if so, the case number and court location;
9.21(8) any changes occurring that would affect the accuracy of information contained
9.22in the most recent criminal background study of the guardian conducted under section
9.23524.5-118 ; and
9.24(9) if applicable, the amount of reimbursement for services rendered to the ward
9.25that the guardian received during the previous year that were not reimbursed by county
9.27(b) A ward or interested person of record with the court may submit to the court a
9.28written statement disputing statements or conclusions regarding the condition of the ward
9.29that are contained in the report and may petition the court for an order that is in the best
9.30interests of the ward or for other appropriate relief.
9.31(c) An interested person may notify the court in writing that the interested person
9.32does not wish to receive copies of reports required under this section.
9.33(d) The court may appoint a visitor to review a report, interview the ward or
9.34guardian, and make any other investigation the court directs.
10.1(e) The court shall establish a system for monitoring guardianships, including the
10.2filing and review of annual reports. If an annual report is not filed within 60 days of the
10.3required date, the court shall issue an order to show cause.
10.4    Subd. 2. Annual review; ward's capacity to vote. (a) If the well being report of a
10.5limited guardian under subdivision 1 indicates a change in conditions affecting award's
10.6capacity to make independent voting decisions at an election, the court may issue a written
10.7order as to the ward's eligibility to vote. If the court makes a determination regarding
10.8a ward's capacity or incapacity to vote, the court must consider the limited guardian's
10.9recommendation, any documents submitted in the annual well being report, and previous
10.10court orders and records related to the ward's capacity as evidence of the ward's capacity
10.11or incapacity to make independent voting decisions, and must affirmatively order that the
10.12ward's eligibility to vote is rescinded, restored, or continues unchanged; provided that the
10.13right to vote may not be rescinded without a hearing. An order by the court under this
10.14paragraph may be modified by the court at any time. A copy of the written order shall be
10.15sent to the guardian within 30 days of the date it is issued.
10.16(b) The limited guardian shall send, by certified mail, a copy of the court order or
10.17notification made by the court under this subdivision to the ward's current residential
10.18address within 30 days after it is made or the order is received. If a ward's residential
10.19address changes, the guardian shall send a new copy of the court's most recent order by
10.20certified mail to the new residential address within 30 days of the change of address. The
10.21requirements of this paragraph do not apply if the guardian resides at the same address as
10.22the ward.

10.25(a) The administrator or other responsible person overseeing a residential facility
10.26housing one or more wards must:
10.27(1) maintain all documents submitted to the facility by a guardian related to a ward's
10.28guardianship status and eligibility to vote;
10.29(2) maintain a written list of wards who reside in the facility and the current voting
10.30eligibility status of each, as stated in the court order of appointment provided under section
10.31524.5-310 or a review determination provided under section 524.5-316, subdivision 2; and
10.32(3) ensure that staff directly assisting wards in the voting process only assist those
10.33who are eligible to vote.
10.34(b) As used in this section, "residential facility" has the meaning provided in section
10.35201.061, subdivision 3, paragraph (c).
11.1EFFECTIVE DATE.This section is effective June 1, 2012. The initial list required
11.2by clause (2) may be compiled on an ongoing basis as documentation is received from
11.3guardians as required by law.

11.6No later than August 1, 2012, the state court administrator shall provide to each
11.7guardian a notice restating the current voting eligibility status of any ward subject to the
11.8guardian's supervision. A ward's voting eligibility status for purposes of the notice shall
11.9be based on the order of the court establishing the guardianship or any subsequent order of
11.10the court affecting the ward's right to vote; provided that nothing in this section requires
11.11the court to reconsider a previous order or issue a new order related to the ward's right to
11.12vote for the sole purpose of providing the notice required under this section.
11.13EFFECTIVE DATE.This section is effective the day following final enactment.

11.14    Sec. 11. EFFECTIVE DATE.
11.15Except where otherwise provided, this act is effective August 1, 2012, and applies to
11.16eligibility to vote in elections occurring on or after that date."
11.17Amend the title accordingly