CSHB 337(HES): "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(HES) 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 or identification document issued to a donor who declines to participate 03 in a registry, when a person who applies for a motor vehicle or identification 04 document makes a gift with the application, the department shall electronically 05 transfer all information that appears on the front of the motor vehicle or identification 06 document and any changes that are subsequently received by the department from the 07 donor to a procurement organization that intends to establish a donor registry under 08 AS 13.50.110. 09 (b) A donor to whom a motor vehicle or identification document is issued is 10 not required to participate in a registry, and the department may not transfer 11 information under (a) of this section from a donor who declines to participate in a 12 registry. 13 Sec. 13.50.110. Use of transferred information. (a) A procurement 14 organization that obtains information under AS 13.50.100 shall use the information to 15 establish a statewide donor registry accessible by a recognized organization in 16 (1) this state that handles the recovery or placement of parts of the 17 body; and 18 (2) another state that handles the recovery or placement of parts of the 19 body when a donor who is a resident of this state is not located in this state at the time 20 of or immediately before death. 21 (b) A procurement organization may not 22 (1) use registry information for fund raising; or 23 (2) disseminate information obtained under AS 13.50.100 unless 24 authorized by this section or by federal law. 25 (c) A procurement organization may disseminate information obtained under 26 AS 13.50.100 to another procurement organization. 27 Sec. 13.50.120. Acquisition of other donor information. A procurement 28 organization may acquire donor information from sources other than the department. 29 Sec. 13.50.130. Registry costs. (a) A procurement organization that has 30 requested registry information from the department shall pay the reasonable costs 31 associated with the creation by the organization of a registry and the reasonable costs
01 associated with the initial installation and establishment of the facilities necessary for 02 electronic transfer of the donor information to the organization by the department. 03 (b) After the initial transfer of information under (a) of this section, the 04 department shall make all transfers of donor information without charge to a 05 procurement organization. 06 Sec. 13.50.140. Notification of cancellation. (a) A donor whose motor 07 vehicle or identification document information is on a registry shall notify a 08 procurement organization of the destruction or mutilation of the motor vehicle or 09 identification document or revocation of the gift under AS 13.50.050 in order to 10 remove the donor's name from a registry. If the procurement organization that is 11 notified does not maintain a registry, the organization shall notify all procurement 12 organizations that do maintain a registry. 13 (b) The failure of a donor to make the notification under (a) of this section 14 does not affect the revocation of a gift under AS 13.50.050. 15 Sec. 13.50.150. Monetary donation program. (a) An applicant for a motor 16 vehicle or identification document may donate $1 or more to the fund to promote the 17 donation of body parts under AS 13.50.010 - 13.50.090 (Uniform Anatomical Gift 18 Act). The donation is voluntary and may be declined by the applicant. The 19 department shall make available to all applicants information on the importance of 20 making gifts. 21 (b) The department shall collect the donations made under (a) of this section 22 and credit the donations to the fund. At least quarterly, the department shall transfer 23 the donations to the fund. 24 (c) The department shall ask each applicant for a motor vehicle or 25 identification document whether the applicant is interested in making the donation 26 under (a) of this section. 27 (d) Each procurement organization shall pay its proportionate share of the 28 reasonable costs associated with the creation of the donation program created under 29 this section, unless another amount is agreed to by the department. 30 Sec. 13.50.160. Anatomical gift awareness fund. (a) The anatomical gift 31 awareness fund is established. The fund consists of all donations made under
01 AS 13.50.150, other donations to the fund for a purpose identified under (b) of this 02 section, money received by the department under AS 13.50.130, and appropriations 03 made to the fund. 04 (b) The purposes of the fund are to promote gifts under AS 13.50.010 - 05 13.50.090 and to administer the donation program established under AS 13.50.150. 06 (c) Donations to the fund shall be segregated within the fund until they are 07 appropriated for use by the fund. 08 (d) Money appropriated to or for use by the fund may be spent for the 09 purposes of the fund without further appropriation. 10 Sec. 13.50.170 Penalty. A person who knowingly violates 11 AS 13.50.110(b)(1) or (2) is guilty of a class B misdemeanor. 12 Sec. 13.50.190. Definitions. In AS 13.50.100 - 13.50.190, 13 (1) "department" means the Department of Administration; 14 (2) "donation" means a monetary donation made under AS 13.50.150; 15 (3) "fund" means the anatomical gift awareness fund established under 16 AS 13.50.160; 17 (4) "motor vehicle or identification document" means 18 (A) a motor vehicle registration, a driver's license, or an 19 instruction permit, or a renewal of the registration, license, or permit; or 20 (B) an identification card issued under AS 18.65.310; 21 (5) "procurement organization" means an organization that has been 22 designated by the United States Department of Health and Human Services to 23 coordinate activities for the procurement of body parts for any portion of this state; 24 (6) "reasonable costs" includes the cost of 25 (A) computer programming and installing software and 26 software upgrades; 27 (B) employee training that is specific to a registry or the 28 donation program established under AS 13.50.150; 29 (C) producing literature that is specific to a registry or the 30 donation program established under AS 13.50.150; and 31 (D) making hardware upgrades or handling other issues for a
01 registry or the donation program established under AS 13.50.150; 02 (7) "registry" means a donor registry established under AS 13.50.110; 03 (8) "registry information" means information obtained under 04 AS 13.50.100; 05 (9) "state" means a state, territory, or possession of the United States, 06 the District of Columbia, or the Commonwealth of Puerto Rico. 07 * Sec. 4. AS 18.65.311(a) is amended to read: 08 Sec. 18.65.311. Anatomical gift or living will document. (a) The 09 department shall provide a method, at the time that an identification card is issued, [A 10 FORM FOR A DOCUMENT] by which the card holder may make an anatomical gift 11 under AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 12 (Living Wills and Do Not Resuscitate Orders). The method [DOCUMENT (1) MAY 13 NOT BE LARGER THAN AN IDENTIFICATION CARD, (2) MUST CONTAIN 14 SUFFICIENT SPACE FOR THE SIGNATURE OF TWO WITNESSES OR A 15 PERSON WHO IS QUALIFIED TO TAKE ACKNOWLEDGMENTS UNDER 16 AS 09.63.010, (3) MUST USE THE FORMS AND DESIGNS DEVELOPED 17 UNDER AS 18.12.037, AND (4)] must provide a means by which the card holder may 18 cancel the gift or the living will. [IF THE DOCUMENT IS EXECUTED BY THE 19 APPLICANT, IT SHALL BE SEALED IN PLASTIC AND ATTACHED TO THE 20 IDENTIFICATION CARD.] A symbol developed under AS 18.12.037 indicating the 21 existence of the anatomical gift or living will document must be displayed in the lower 22 right-hand corner on the face of the identification card. 23 (b) An employee of the department who processes an identification card 24 application, other than an application received by mail, shall ask the applicant orally 25 whether the applicant wishes to execute an anatomical gift or a living will. The 26 department shall, by placement of posters and brochures in the office where the 27 application is taken, and by oral advice, if requested, make known to the applicant the 28 method by which the cardholder may make an anatomical [PROCEDURE 29 NECESSARY TO EXECUTE A] gift under AS 13.50 or a living will under AS 18.12. 30 The department shall inform each applicant for an identification card in writing 31 that, if the applicant executes a gift under AS 13.50 or includes an anatomical gift
01 in a living will under AS 18.12 and if the gift is made with the registration, the 02 department will transmit the information on the identification card to a donor 03 registry created under AS 13.50.110. The department shall also direct the 04 applicant to notify a procurement organization under AS 13.50.140 if the 05 identification card is destroyed or mutilated or the gift is revoked under 06 AS 13.50.050. The department shall carry out the requirements of AS 13.50.100 - 07 13.50.190. 08 * Sec. 5. AS 28.10.021(c) is amended to read: 09 (c) An employee of the department who processes an application for 10 registration or renewal of registration, other than an application received by mail or an 11 application for registration under AS 28.10.152, shall ask the applicant orally whether 12 the applicant wishes to execute an anatomical gift or a living will. The department 13 shall make known to all applicants the procedure for executing a gift under AS 13.50 14 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living Wills and Do 15 Not Resuscitate Orders) by displaying posters in the offices in which applications are 16 taken, by providing a brochure or other written information to each person who 17 applies in person or by mail, and, if requested, by providing oral advice. The 18 department shall inform each applicant in writing that, if the applicant executes 19 a gift under AS 13.50 or includes an anatomical gift in a living will under 20 AS 18.12 and if the gift is made with the registration application, the department 21 will transmit the information on the registration to a donor registry created 22 under AS 13.50.110. The department shall also direct the applicant to notify a 23 procurement organization under AS 13.50.140 if the registration is destroyed or 24 mutilated or the gift is revoked under AS 13.50.050. The department shall carry 25 out the requirements of AS 13.50.100 - 13.50.190. 26 * Sec. 6. AS 28.15.061(d) is amended to read: 27 (d) An employee of the department who processes a driver's license 28 application, other than an application received by mail, shall ask the applicant orally 29 whether the applicant wishes to execute an anatomical gift or a living will. The 30 department shall make known to all applicants the procedure for executing a gift under 31 AS 13.50 (Uniform Anatomical Gifts Act) or a living will under AS 18.12 (Living
01 Wills and Do Not Resuscitate Orders) by displaying posters in the offices in which 02 applications are taken, by providing a brochure or other written information to each 03 person who applies in person or by mail, and, if requested, by providing oral advice. 04 The department shall inform each applicant in writing that, if the applicant 05 executes a gift under AS 13.50 or includes an anatomical gift in a living will 06 under AS 18.12 and if the gift is made with the driver's license application, the 07 department will transmit the information on the license to a donor registry 08 created under AS 13.50.110. The department shall also direct the applicant to 09 notify a procurement organization under AS 13.50.140 if the license is destroyed 10 or mutilated or the gift is revoked under AS 13.50.050. The department shall 11 carry out the requirements of AS 13.50.100 - 13.50.190. 12 * Sec. 7. AS 28.15.111(b) is amended to read: 13 (b) The department shall provide a method, at the time that an operator's 14 license is issued, [A FORM FOR A DOCUMENT] by which the owner of a license 15 may make an anatomical gift under AS 13.50 or a living will under AS 18.12. The 16 method [DOCUMENT (1) MAY NOT BE LARGER THAN AN OPERATOR'S 17 LICENSE, (2) MUST CONTAIN SUFFICIENT SPACE FOR THE SIGNATURE OF 18 TWO WITNESSES OR A PERSON WHO IS QUALIFIED TO TAKE 19 ACKNOWLEDGMENTS UNDER AS 09.63.010, (3) MUST USE THE FORMS 20 AND DESIGNS DEVELOPED UNDER AS 18.12.037, AND (4)] must provide a 21 means by which the owner may cancel the gift or the living will. [IF THE 22 DOCUMENT IS EXECUTED BY THE APPLICANT, IT SHALL BE SEALED IN 23 PLASTIC AND ATTACHED TO THE LICENSE.] A symbol developed under 24 AS 18.12.037 indicating the existence of the anatomical gift or living will document 25 must be displayed in the lower right-hand corner on the face of the driver's license. 26 The department shall inform each applicant in writing that, if the applicant 27 executes a gift under AS 13.50 or includes an anatomical gift in a living will 28 under AS 18.12 and if the gift is made with the license, the department will 29 transmit the information on the license to a donor registry created under 30 AS 13.50.110. The department shall also direct the applicant to notify a 31 procurement organization under AS 13.50.140 if the license is destroyed or
01 mutilated or the gift is revoked under AS 13.50.050. The department shall carry 02 out the requirements of AS 13.50.100 - 13.50.190.