CSHB 337(STA): "An Act relating to anatomical donor registries, to an anatomical gift awareness fund, to an anatomical gift awareness program, to motor vehicle licenses and registrations, and to state identification cards."
00 CS FOR HOUSE BILL NO. 337(STA) 01 "An Act relating to anatomical donor registries, to an anatomical gift awareness fund, to 02 an anatomical gift awareness program, to motor vehicle licenses and registrations, and 03 to state identification cards." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 13.50.080 is amended to read: 06 Sec. 13.50.080. Uniformity of interpretation. AS 13.50.010 - 13.50.090 07 [THIS CHAPTER] shall be construed and interpreted so as to carry out their [ITS] 08 general purpose to make uniform the laws in those states that [WHICH] enact them 09 [IT]. 10 * Sec. 2. AS 13.50.090 is amended to read: 11 Sec. 13.50.090. Short title. AS 13.50.010 - 13.50.090 [THIS CHAPTER] 12 may be cited as the Uniform Anatomical Gift Act. 13 * Sec. 3. AS 13.50 is amended by adding new sections to read: 14 Article 2. Donor Registry Program.
01 Sec. 13.50.100. Transfer of information. (a) Except for information on a 02 motor vehicle document issued to a donor who declines to participate in a registry or 03 when a person who applies for a motor vehicle document makes a gift with the 04 application, the department shall electronically transfer all information that appears on 05 the front of the motor vehicle document and any changes that are subsequently 06 received by the department from the donor to a procurement organization that intends 07 to establish a donor registry under AS 13.50.110. 08 (b) A donor to whom a motor vehicle document is issued is not required to 09 participate in a registry, and the department may not transfer information under (a) of 10 this section from a donor who declines to participate in a registry. 11 Sec. 13.50.110. Use of transferred information. (a) A procurement 12 organization that obtains information under AS 13.50.100 shall use the information to 13 establish a statewide donor registry accessible by a recognized organization in 14 (1) this state that handles the recovery or placement of parts of the 15 body; and 16 (2) another state that handles the recovery or placement of parts of the 17 body when a donor who is a resident of this state is not located in this state at the time 18 of or immediately before death. 19 (b) A procurement organization may not 20 (1) use registry information for fund raising; or 21 (2) disseminate information obtained under AS 13.50.100 unless 22 authorized by this section or by federal law. 23 (c) A procurement organization may disseminate information obtained under 24 AS 13.50.100 to another procurement organization. 25 Sec. 13.50.120. Acquisition of other donor information. A procurement 26 organization may acquire donor information from sources other than the department. 27 Sec. 13.50.130. Registry costs. (a) A procurement organization that has 28 requested registry information from the department shall pay the reasonable costs 29 associated with the creation by the organization of a registry and the reasonable costs 30 associated with the initial installation and establishment of the facilities necessary for 31 electronic transfer of the donor information to the organization by the department.
01 (b) After the initial transfer of information under (a) of this section, the 02 department shall make all transfers of donor information without charge to a 03 procurement organization. 04 Sec. 13.50.140. Notification of cancellation. (a) A donor whose motor 05 vehicle document information is on a registry shall notify a procurement organization 06 of the destruction or mutilation of the motor vehicle document or revocation of the gift 07 under AS 13.50.050 in order to remove the donor's name from a registry. If the 08 procurement organization that is notified does not maintain a registry, the organization 09 shall notify all procurement organizations that do maintain a registry. 10 (b) The failure of a donor to make the notification under (a) of this section 11 does not affect the revocation of a gift under AS 13.50.050. 12 Sec. 13.50.150. Monetary donation program. (a) An applicant for a motor 13 vehicle document may donate $1 or more to the fund to promote the donation of body 14 parts under AS 13.50.010 - 13.50.090 (Uniform Anatomical Gift Act). The donation 15 is voluntary and may be declined by the applicant. The department shall make 16 available to all applicants information on the importance of making gifts. 17 (b) The department shall collect the donations made under (a) of this section 18 and credit the donations to the fund. At least quarterly, the department shall transfer 19 the donations to the fund. 20 (c) The department shall ask each applicant for a motor vehicle document 21 whether the applicant is interested in making the donation under (a) of this section. 22 (d) Each procurement organization shall pay its proportionate share of the 23 reasonable costs associated with the creation of the donation program created under 24 this section, unless another amount is agreed to by the department. 25 Sec. 13.50.160. Anatomical gift awareness fund. (a) The anatomical gift 26 awareness fund is established. The fund consists of all donations made under 27 AS 13.50.150, other donations to the fund for a purpose identified under (b) of this 28 section, money received by the department under AS 13.50.130, and appropriations 29 made to the fund. 30 (b) The purpose of the fund is to promote gifts under AS 13.50.010 - 31 13.50.090 and to administer the donation program established under AS 13.50.150.
01 (c) Donations to the fund shall be segregated within the fund until they are 02 appropriated for use by the fund. 03 (d) Money appropriated to or for use by the fund may be spent for the 04 purposes of the fund without further appropriation. 05 Sec. 13.50.170 Penalty. A person who knowingly violates 06 AS 13.50.110(b)(1) or (2) is guilty of a class B misdemeanor. 07 Sec. 13.50.190. Definitions. In AS 13.50.100 - 13.50.190, 08 (1) "department" means the Department of Administration; 09 (2) "donation" means a monetary donation made under AS 13.50.150; 10 (3) "fund" means the anatomical gift awareness fund established under 11 AS 13.50.160; 12 (4) "motor vehicle document" means a motor vehicle registration, a 13 driver's license, or an instruction permit, or a renewal of the registration, license, or 14 permit; 15 (5) "procurement organization" means a person licensed, accredited, or 16 approved under the laws of a state for the procurement, distribution, or storage of body 17 parts; 18 (6) "reasonable costs" includes the cost of 19 (A) computer programming and installing software and 20 software upgrades; 21 (B) employee training that is specific to a registry or the 22 donation program established under AS 13.50.150; 23 (C) producing literature that is specific to a registry or the 24 donation program established under AS 13.50.150; and 25 (D) making hardware upgrades or handling other issues for a 26 registry or the donation program established under AS 13.50.150; 27 (7) "registry" means a donor registry established under AS 13.50.110; 28 (8) "registry information" means information obtained under 29 AS 13.50.100; 30 (9) "state" means a state, territory, or possession of the United States, 31 the District of Columbia, or the Commonwealth of Puerto Rico.
01 * Sec. 4. AS 18.65.311(a) is amended to read: 02 Sec. 18.65.311. Anatomical gift or living will document. (a) The 03 department shall provide a method, at the time that an identification card is issued, [A 04 FORM FOR A DOCUMENT] by which the card holder may make an anatomical gift 05 under AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 06 (Living Wills and Do Not Resuscitate Orders). The method [DOCUMENT (1) MAY 07 NOT BE LARGER THAN AN IDENTIFICATION CARD, (2) MUST CONTAIN 08 SUFFICIENT SPACE FOR THE SIGNATURE OF TWO WITNESSES OR A 09 PERSON WHO IS QUALIFIED TO TAKE ACKNOWLEDGMENTS UNDER 10 AS 09.63.010, (3) MUST USE THE FORMS AND DESIGNS DEVELOPED 11 UNDER AS 18.12.037, AND (4)] must provide a means by which the card holder may 12 cancel the gift or the living will. [IF THE DOCUMENT IS EXECUTED BY THE 13 APPLICANT, IT SHALL BE SEALED IN PLASTIC AND ATTACHED TO THE 14 IDENTIFICATION CARD.] A symbol developed under AS 18.12.037 indicating the 15 existence of the anatomical gift or living will document must be displayed in the lower 16 right-hand corner on the face of the identification card. 17 (b) An employee of the department who processes an identification card 18 application, other than an application received by mail, shall ask the applicant orally 19 whether the applicant wishes to execute an anatomical gift or a living will. The 20 department shall, by placement of posters and brochures in the office where the 21 application is taken, and by oral advice, if requested, make known to the applicant the 22 method by which the cardholder may make an anatomical [PROCEDURE 23 NECESSARY TO EXECUTE A] gift under AS 13.50 or a living will under AS 18.12. 24 The department shall inform each applicant for an identification card in writing 25 that, if the applicant executes a gift under AS 13.50 or includes an anatomical gift 26 in a living will under AS 18.12 and if the gift is made with the registration, the 27 department will transmit the information on the identification card to a donor 28 registry created under AS 13.50.110. The department shall also direct the 29 applicant to notify a procurement organization under AS 13.50.140 if the 30 identification card is destroyed or mutilated or the gift is revoked under 31 AS 13.50.050. The department shall carry out the requirements of AS 13.50.100 -
01 13.50.190. 02 * Sec. 5. AS 28.10.021(c) is amended to read: 03 (c) An employee of the department who processes an application for 04 registration or renewal of registration, other than an application received by mail or an 05 application for registration under AS 28.10.152, shall ask the applicant orally whether 06 the applicant wishes to execute an anatomical gift or a living will. The department 07 shall make known to all applicants the procedure for executing a gift under AS 13.50 08 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living Wills and Do 09 Not Resuscitate Orders) by displaying posters in the offices in which applications are 10 taken, by providing a brochure or other written information to each person who 11 applies in person or by mail, and, if requested, by providing oral advice. The 12 department shall inform each applicant in writing that, if the applicant executes 13 a gift under AS 13.50 or includes an anatomical gift in a living will under 14 AS 18.12 and if the gift is made with the registration application, the department 15 will transmit the information on the registration to a donor registry created 16 under AS 13.50.110. The department shall also direct the applicant to notify a 17 procurement organization under AS 13.50.140 if the registration is destroyed or 18 mutilated or the gift is revoked under AS 13.50.050. The department shall carry 19 out the requirements of AS 13.50.100 - 13.50.190. 20 * Sec. 6. AS 28.15.061(d) is amended to read: 21 (d) An employee of the department who processes a driver's license 22 application, other than an application received by mail, shall ask the applicant orally 23 whether the applicant wishes to execute an anatomical gift or a living will. The 24 department shall make known to all applicants the procedure for executing a gift under 25 AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living 26 Wills and Do Not Resuscitate Orders) by displaying posters in the offices in which 27 applications are taken, by providing a brochure or other written information to each 28 person who applies in person or by mail, and, if requested, by providing oral advice. 29 The department shall inform each applicant in writing that, if the applicant 30 executes a gift under AS 13.50 or includes an anatomical gift in a living will 31 under AS 18.12 and if the gift is made with the driver's license application, the
01 department will transmit the information on the license to a donor registry 02 created under AS 13.50.110. The department shall also direct the applicant to 03 notify a procurement organization under AS 13.50.140 if the license is destroyed 04 or mutilated or the gift is revoked under AS 13.50.050. The department shall 05 carry out the requirements of AS 13.50.100 - 13.50.190. 06 * Sec. 7. AS 28.15.111(b) is amended to read: 07 (b) The department shall provide a method, at the time that an operator's 08 license is issued, [A FORM FOR A DOCUMENT] by which the owner of a license 09 may make an anatomical gift under AS 13.50 or a living will under AS 18.12. The 10 method [DOCUMENT (1) MAY NOT BE LARGER THAN AN OPERATOR'S 11 LICENSE, (2) MUST CONTAIN SUFFICIENT SPACE FOR THE SIGNATURE OF 12 TWO WITNESSES OR A PERSON WHO IS QUALIFIED TO TAKE 13 ACKNOWLEDGMENTS UNDER AS 09.63.010, (3) MUST USE THE FORMS 14 AND DESIGNS DEVELOPED UNDER AS 18.12.037, AND (4)] must provide a 15 means by which the owner may cancel the gift or the living will. [IF THE 16 DOCUMENT IS EXECUTED BY THE APPLICANT, IT SHALL BE SEALED IN 17 PLASTIC AND ATTACHED TO THE LICENSE.] A symbol developed under 18 AS 18.12.037 indicating the existence of the anatomical gift or living will document 19 must be displayed in the lower right-hand corner on the face of the driver's license. 20 The department shall inform each applicant in writing that, if the applicant 21 executes a gift under AS 13.50 or includes an anatomical gift in a living will 22 under AS 18.12 and if the gift is made with the license, the department will 23 transmit the information on the license to a donor registry created under 24 AS 13.50.110. The department shall also direct the applicant to notify 25 procurement organization under AS 13.50.140 if the license is destroyed or 26 mutilated or the gift is revoked under AS 13.50.050. The department shall carry 27 out the requirements of AS 13.50.100 - 13.50.190.