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SCS CSHB 196(STA): "An Act relating to the handling of matters after a person's death, to the Uniform Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness fund, to a registry of anatomical gifts, and to organizations that handle the procurement, distribution, or storage of all or a part of an individual's body."

00                SENATE CS FOR CS FOR HOUSE BILL NO. 196(STA)                                                             
01 "An Act relating to the handling of matters after a person's death, to the Uniform                                      
02 Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness                                 
03 fund, to a registry of anatomical gifts, and to organizations that handle the procurement,                              
04 distribution, or storage of all or a part of an individual's body."                                                     
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 13.12.517 is amended to read:                                                                      
07            Sec. 13.12.517. Penalty clause for contest. A provision in a will purporting to                            
08       penalize an interested person for contesting the will or instituting other proceedings                            
09       relating to the estate is enforceable even [UNENFORCEABLE] if probable cause                                  
10       exists for instituting proceedings.                                                                               
11    * Sec. 2. AS 13.16.680(a) is amended to read:                                                                      
12            (a)  Thirty days after the death of a decedent, any person indebted to the                                   
13       decedent or having possession of tangible personal property or an instrument                                      
14       evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall                          
01       make payment of the indebtedness or deliver the tangible personal property or an                                  
02       instrument evidencing a debt, obligation, stock, or chose in action to a person claiming                          
03       to be the successor of the decedent upon being presented an affidavit made by or on                               
04       behalf of the successor stating that                                                                              
05                 (1)  the [VALUE OF THE] entire estate, wherever located, less liens                                     
06       and encumbrances, consists only of not more than                                                              
07                      (A)  vehicles subject to registration under AS 28.10.011 with                                  
08            a total value that does not exceed $100,000; and                                                         
09                      (B)  personal property, other than vehicles described in (A)                                   
10            of this paragraph, that does not exceed $100,000 [$15,000];                                          
11                 (2)  30 days have elapsed since the death of the decedent;                                              
12                 (3)  no application or petition for the appointment of a personal                                       
13       representative is pending or has been granted in any jurisdiction; and                                            
14                 (4)  the claiming successor is entitled to payment or delivery of the                                   
15       property.                                                                                                         
16    * Sec. 3. AS 13.16.700 is amended to read:                                                                         
17            Sec. 13.16.700. Settlement directed by court. When a judge receives                                        
18       information that a person has died in the judge's judicial district leaving an estate with                    
19       property limited to the property described under AS 13.16.680(a)(1) [OF $15,000]                              
20       or less and no qualified person has appeared to take charge of the assets, the judge                              
21       may immediately appoint a person, corporation, or attorney to settle the estate in the                            
22       manner provided for in AS 13.16.680 - 13.16.695.                                                                  
23    * Sec. 4. AS 13.33.101 is amended by adding  new subsections to read:                                              
24            (d)  The money or other benefits paid under a provision for a nonprobate                                     
25       transfer on death in a life insurance contract or a retirement plan are not subject to                            
26                 (1)  the debts of the individual who was insured under the life insurance                               
27       contract or who was a participant in the retirement plan; or                                                      
28                 (2)  the claims of the creditors of the individual who was insured under                                
29       the life insurance contract or who was a participant in the retirement plan.                                      
30            (e)  The provisions of (d) of this section apply even if                                                     
31                 (1)  the provision for a nonprobate transfer on death is contained in the                               
01       life insurance contract or the retirement plan and designates the person to whom the                              
02       money or other benefits are to be paid if the person who is the owner or insured under                            
03       the life insurance policy or the participant in the retirement plan does not select a                             
04       beneficiary;                                                                                                      
05                 (2)  the life insurance contract, retirement plan, or a provision for a                                 
06       nonprobate transfer on death in the life insurance contract or retirement plan, makes                             
07       the money or other benefits payable, directly or indirectly, to                                                   
08                      (A)  a decedent's estate or the personal representative of a                                       
09            decedent's estate, except that if the decedent owes money for child support                                  
10            arrearages, for spousal support arrearages, or under AS 47.07.055, the                                       
11            provisions of (d) of this section do not apply; in this subparagraph, "personal                              
12            representative" has the meaning given in AS 13.06.050;                                                       
13                      (B)  a trustee of a trust established under a will, except that if                                 
14            the decedent owes money for child support arrearages, for spousal support                                    
15            arrearages, or under AS 47.07.055, the provisions of (d) of this section do not                              
16            apply; or                                                                                                    
17                      (C)  a trustee of a trust instrument that is separate from the life                                
18            insurance contract or retirement plan and that designates the ultimate                                       
19            beneficiary;                                                                                                 
20                 (3)  a trust to which the money or other benefits are payable may be                                    
21       amended, revoked, or both amended and revoked, or is funded or unfunded; or                                       
22                 (4)  the settlor of the trust to which the money or other benefits are                                  
23       payable has reserved all rights of ownership in the life insurance contract or under the                          
24       retirement plan.                                                                                                  
25            (f)  The provisions of (d) of this section do not limit the rights of the owner of                           
26       a life insurance contract to pledge or assign by contract the money or other benefits                             
27       from a life insurance contract as collateral for the debts of the owner.                                          
28            (g)  In (d) of this section,                                                                                 
29                 (1)  "life insurance contract" means a life insurance policy, an annuity                                
30       contract, an endowment contract, and a contract entered into by an insurance company                              
31       in connection with, supplemental to, or in settlement of a life insurance policy, an                              
01       annuity contract, or an endowment contract;                                                                       
02                 (2)  "retirement plan" means                                                                            
03                      (A)  a retirement plan that is qualified under 26 U.S.C. 401(a),                                   
04            26 U.S.C. 403(a), 26 U.S.C. 403(b), 26 U.S.C. 408, 26 U.S.C. 408A, or 26                                     
05            U.S.C. 409 (Internal Revenue Code); and                                                                      
06                      (B)  the amounts held in the teachers' retirement system under                                     
07            AS 14.25, judicial retirement system under AS 22.25, public employees'                                       
08            retirement system under AS 39.35, or elected public officers' retirement system                              
09            under former AS 39.37.                                                                                       
10    * Sec. 5. AS 13.50.140 is amended to read:                                                                         
11            Sec. 13.50.140. Notification of cancellation. (a) A donor whose motor vehicle                              
12       or identification document information is on a registry shall notify a procurement                                
13       organization or the department of the destruction or mutilation of the motor vehicle or                           
14       identification document or revocation of the gift under AS 13.52.183 [AS 13.52.170]                           
15       in order to remove the donor's name from a registry. If the procurement organization                              
16       that is notified does not maintain a registry, the organization shall notify all                                  
17       procurement organizations that do maintain a registry.                                                            
18            (b)  The failure of a donor to make the notification under (a) of this section                               
19       does not affect the revocation of a gift under AS 13.52.183 [AS 13.52.170].                                   
20    * Sec. 6. AS 13.50.150(a) is amended to read:                                                                      
21            (a)  An applicant for a motor vehicle or identification document may donate $1                               
22       or more to the fund to promote in the state the donation of body parts under AS 13.52                         
23       (Health Care Decisions Act). The donation is voluntary and may be declined by the                                 
24       applicant. The department shall make available to all applicants information on the                               
25       importance of making gifts.                                                                                       
26    * Sec. 7. AS 13.50.160(b) is amended to read:                                                                      
27            (b)  The purposes of the fund are to promote gifts in the state under AS 13.52                           
28       and to administer the donation program established under AS 13.50.150.                                            
29    * Sec. 8. AS 13.50.190(3) is amended to read:                                                                      
30                 (3)  "donor" has the meaning given in AS 13.52.268 [AS 13.52.390];                                  
31    * Sec. 9. AS 13.50.190(8) is amended to read:                                                                      
01                 (8)  "procurement organization" has the meaning given in                                                
02       AS 13.52.390 [AS 13.52.200(i)];                                                                               
03    * Sec. 10. AS 13.52.010(a) is amended to read:                                                                     
04            (a)  Except as provided in AS 13.52.173 [AS 13.52.170(a)], an adult may give                             
05       an individual instruction. Except as provided in AS 13.52.177 [AS 13.52.170(b)], the                          
06       instruction may be oral or written. The instruction may be limited to take effect only if                         
07       a specified condition arises.                                                                                     
08    * Sec. 11. AS 13.52.010(k) is amended to read:                                                                     
09            (k)  Except as provided in AS 13.52.247(a), an [AN] advance health care                                  
10       directive, including an advance health care directive that is made in compliance with                             
11       the laws of another state, is valid for purposes of this chapter if it complies with this                         
12       chapter, regardless of where or when it was executed or communicated.                                             
13    * Sec. 12. AS 13.52.020(b) is amended to read:                                                                     
14            (b)  Except in the case of mental illness under (c) of this section and except as                        
15       provided by AS 13.52.183, a principal may revoke all or part of an advance health                             
16       care directive, other than the designation of an agent, at any time and in any manner                             
17       that communicates an intent to revoke.                                                                            
18    * Sec. 13. AS 13.52.030(a) is amended to read:                                                                     
19            (a)  Except in the case of mental health treatment and except as provided by                                 
20       AS 13.52.173 and 13.52.193 [AS 13.52.180(a) AND (b)], a surrogate may make a                                  
21       health care decision for a patient who is an adult if an agent or guardian has not been                           
22       appointed or the agent or guardian is not reasonably available, and if the patient has                            
23       been determined by the primary physician to lack capacity.                                                        
24    * Sec. 14. AS 13.52.030(c) is amended to read:                                                                     
25            (c)  Except as provided for anatomical gifts in AS 13.52.173                                             
26       [AS 13.52.170(b)], an adult may designate an individual to act as surrogate for that                              
27       adult by personally informing the supervising health care provider. Except as provided                            
28       by AS 13.52.173 or 13.52.193 [AS 13.52.180(a) AND (b)], in the absence of a                                   
29       designation, or if the designee is not reasonably available, a member of the following                            
30       classes of the patient's family who is reasonably available, in descending order of                               
31       priority, may act as surrogate:                                                                                   
01                 (1)  the spouse, unless legally separated;                                                              
02                 (2)  an adult child;                                                                                    
03                 (3)  a parent; or                                                                                       
04                 (4)  an adult sibling.                                                                                  
05    * Sec. 15. AS 13.52.030(d) is amended to read:                                                                     
06            (d)  Except as provided by (l) of this section or AS 13.52.173 or 13.52.193                              
07       [AS 13.52.180(a) OR (b)], if none of the individuals eligible to act as surrogate under                           
08       (c) of this section is reasonably available, an adult who has exhibited special care and                          
09       concern for the patient, who is familiar with the patient's personal values, and who is                           
10       reasonably available may act as surrogate.                                                                        
11    * Sec. 16. AS 13.52.040(a) is amended to read:                                                                     
12            (a)  Subject to AS 13.52.183, 13.52.193, and 13.52.203, a [A] guardian shall                             
13       comply with the ward's individual instructions and may not revoke a ward's advance                                
14       health care directive executed before the ward's incapacity unless a court expressly                              
15       authorizes the revocation.                                                                                        
16    * Sec. 17. AS 13.52.060(d) is amended to read:                                                                     
17            (d)  Except as provided in (e), (f), and (i) of this section and by AS 13.52.253,                        
18       a health care provider, health care institution, or health care facility providing care to a                      
19       patient shall comply with                                                                                         
20                 (1)  an individual instruction of the patient and with a reasonable                                     
21       interpretation of that instruction made by a person then authorized to make health care                           
22       decisions for the patient; and                                                                                    
23                 (2)  a health care decision for the patient made by a person then                                       
24       authorized to make health care decisions for the patient to the same extent as if the                             
25       decision had been made by the patient while having capacity.                                                      
26    * Sec. 18. AS 13.52 is amended by adding new sections to read:                                                     
27            Sec. 13.52.173. Who may make anatomical gift before donor's death.                                         
28       Subject to AS 13.52.193, an anatomical gift of a donor's body or part may be made                                 
29       during the life of the donor for the purpose of transplantation, therapy, research, or                            
30       education in the manner provided in AS 13.52.177 by                                                               
31                 (1)  the donor, if the donor is an adult or if the donor is a minor and is                              
01                      (A)  emancipated; or                                                                               
02                      (B)  authorized under state law to apply for a driver's license                                    
03            because the donor is at least 16 years of age;                                                               
04                 (2)  an agent of the donor, unless a durable power of attorney for health                               
05       care or another record prohibits the agent from making an anatomical gift;                                        
06                 (3)  a parent of the donor, if the donor is an unemancipated minor;                                     
07                 (4)  the donor's guardian; or                                                                           
08                 (5)  a surrogate.                                                                                       
09            Sec. 13.52.177. Manner of making anatomical gift before donor's death.                                     
10       (a) A donor may make an anatomical gift                                                                           
11                 (1)  by authorizing a statement or symbol indicating that the donor has                                 
12       made an anatomical gift to be imprinted on the donor's driver's license or identification                         
13       card;                                                                                                             
14                 (2)  in a will;                                                                                         
15                 (3)  during a terminal condition of the donor, by any form of                                           
16       communication addressed to at least two adults, at least one of whom is a disinterested                           
17       witness; or                                                                                                       
18                 (4)  as provided in (b) of this section.                                                                
19            (b)  A donor or other person authorized to make an anatomical gift under                                     
20       AS 13.52.173 may make a gift by a donor card or another record signed by the donor                                
21       or another person making the gift or by authorizing that a statement or symbol                                    
22       indicating that the donor has made an anatomical gift be included on a donor registry.                            
23       If the donor or another person is physically unable to sign a record, the record may be                           
24       signed by another individual at the direction of the donor or the other person and must                           
25                 (1)  be witnessed by at least two adults, at least one of whom is a                                     
26       disinterested witness, who have signed at the request of the donor or the other person;                           
27       and                                                                                                               
28                 (2)  state that the record has been signed and witnessed as provided in                                 
29       (1) of this subsection.                                                                                           
30            (c)  Revocation, suspension, expiration, or cancellation of a driver's license or                            
31       an identification card on which an anatomical gift is indicated does not invalidate the                           
01       gift.                                                                                                             
02            (d)  An anatomical gift made by will takes effect upon the donor's death                                     
03       whether or not the will is probated. Invalidation of the will after the donor's death does                        
04       not invalidate the gift.                                                                                          
05    * Sec. 19. AS 13.52 is amended by adding new sections to read:                                                     
06            Sec. 13.52.183. Amending or revoking anatomical gift before donor's                                        
07       death. (a) Except in the case of mental illness under AS 13.52.020(c), and subject to                           
08       AS 13.52.193, a donor or another person authorized to make an anatomical gift under                               
09       AS 13.52.173 may amend or revoke an anatomical gift by                                                            
10                 (1)  a record signed by                                                                                 
11                      (A)  the donor;                                                                                    
12                      (B)  the other person; or                                                                          
13                      (C)  subject to (b) of this section, another individual acting at                                  
14            the direction of the donor or the other person if the donor or other person is                               
15            physically unable to sign; or                                                                                
16                 (2)  a later-executed document of gift that amends or revokes a                                         
17       previous anatomical gift or portion of an anatomical gift, either expressly or by                                 
18       inconsistency.                                                                                                    
19            (b)  A record signed under (a)(1)(C) of this section must                                                    
20                 (1)  be witnessed by at least two adults, at least one of whom is a                                     
21       disinterested witness, who have signed at the request of the donor or the other person;                           
22       and                                                                                                               
23                 (2)  state that it has been signed and witnessed as provided in (1) of this                             
24       subsection.                                                                                                       
25            (c)  Subject to AS 13.52.193, a donor or another person authorized to make an                                
26       anatomical gift under AS 13.52.173 may revoke an anatomical gift by the destruction                               
27       or cancellation of the document of gift, or the portion of the document of gift used to                           
28       make the gift, with the intent to revoke the gift.                                                                
29            (d)  A donor may amend or revoke an anatomical gift that was not made in a                                   
30       will by any form of communication during a terminal condition addressed to at least                               
31       two adults, at least one of whom is a disinterested witness.                                                      
01            (e)  A donor who makes an anatomical gift in a will may amend or revoke the                                  
02       gift in the manner provided for amendment or revocation of wills or as provided in (a)                            
03       of this section.                                                                                                  
04            Sec. 13.52.187. Refusal to make anatomical gift; effect of refusal. (a) An                                 
05       individual may refuse to make an anatomical gift of the individual's body or part by                              
06                 (1)  a record signed by                                                                                 
07                      (A)  the individual; or                                                                            
08                      (B)  subject to (b) of this section, another individual acting at                                  
09            the direction of the individual if the individual is physically unable to sign;                              
10                 (2)  the individual's will, whether or not the will is admitted to probate                              
11       or invalidated after the individual's death; or                                                                   
12                 (3)  any form of communication made by the individual during the                                        
13       individual's terminal condition addressed to at least two adults, at least one of whom is                         
14       a disinterested witness.                                                                                          
15            (b)  A record signed under (a)(1)(B) of this section must                                                    
16                 (1)  be witnessed by at least two adults, at least one of whom is a                                     
17       disinterested witness, who have signed at the request of the individual; and                                      
18                 (2)  state that it has been signed and witnessed as provided in (1) of this                             
19       subsection.                                                                                                       
20            (c)  An individual who has made a refusal may amend or revoke the refusal                                    
21                 (1)  in the manner provided in (a) of this section for making a refusal;                                
22                 (2)  by subsequently making an anatomical gift under AS 13.52.177                                       
23       that is inconsistent with the refusal; or                                                                         
24                 (3)  by destroying or canceling the record evidencing the refusal, or the                               
25       portion of the record used to make the refusal, with the intent to revoke the refusal.                            
26            (d)  Except as otherwise provided in AS 13.52.193(h), in the absence of an                                   
27       express, contrary indication by the individual set out in the refusal, an individual's                            
28       unrevoked refusal to make an anatomical gift of the individual's body or part bars all                            
29       other persons from making an anatomical gift of the individual's body or part.                                    
30    * Sec. 20. AS 13.52 is amended by adding new sections to read:                                                     
31            Sec. 13.52.193. Preclusive effect of anatomical gift, amendment, or                                        
01       revocation. (a) Except as otherwise provided in (g) of this section and subject to (f) of                       
02       this section, in the absence of an express, contrary indication by the donor, a person                            
03       other than the donor is barred from making, amending, or revoking an anatomical gift                              
04       of a donor's body or part if the donor made an anatomical gift of the donor's body or                             
05       part under AS 13.52.177 or an amendment to an anatomical gift of the donor's body or                              
06       part under AS 13.52.183.                                                                                          
07            (b)  A donor's revocation of an anatomical gift of the donor's body or part                                  
08       under AS 13.52.183 is not a refusal and does not bar another person specified in                                  
09       AS 13.52.173 or 13.52.197 from making an anatomical gift of the donor's body or part                              
10       under AS 13.52.177 or 13.52.203.                                                                                  
11            (c)  If a person other than the donor makes an unrevoked anatomical gift of the                              
12       donor's body or part under AS 13.52.177 or an amendment to an anatomical gift of the                              
13       donor's body or part under AS 13.52.183, another person may not make, amend, or                                   
14       revoke the gift of the donor's body or part under AS 13.52.203.                                                   
15            (d)  A revocation of an anatomical gift of a donor's body or part under                                      
16       AS 13.52.183 by a person other than the donor does not bar another person from                                    
17       making an anatomical gift of the body or part under AS 13.52.177 or 13.52.203.                                    
18            (e)  In the absence of an express, contrary indication by the donor or another                               
19       person authorized to make an anatomical gift under AS 13.52.173, an anatomical gift                               
20       of a part is not a refusal to give another part or a limitation on the making of an                               
21       anatomical gift of another part at a later time by the donor or another person.                                   
22            (f)  In the absence of an express, contrary indication by the donor or another                               
23       person authorized to make an anatomical gift under AS 13.52.173, an anatomical gift                               
24       of a part for one or more of the purposes set out in AS 13.52.173 is not a limitation on                          
25       the making of an anatomical gift of the part for any of the other purposes by the donor                           
26       or any other person under AS 13.52.177 or 13.52.203.                                                              
27            (g)  If a donor who is an unemancipated minor dies, a parent of the donor who                                
28       is reasonably available may revoke or amend an anatomical gift of the donor's body or                             
29       part.                                                                                                             
30            (h)  If an unemancipated minor who signed a refusal dies, a parent of the minor                              
31       who is reasonably available may revoke the minor's refusal.                                                       
01            Sec. 13.52.197. Who may make anatomical gift of decedent's body or part.                                   
02       (a) Subject to (b) and (c) of this section and unless barred by AS 13.52.187 or                                   
03       13.52.193, an anatomical gift of a decedent's body or part for the purpose of                                     
04       transplantation, therapy, research, or education may be made by any member of the                                 
05       following classes of persons who is reasonably available, in the order of priority listed:                        
06                 (1)  an agent of the decedent at the time of death who could have made                                  
07       an anatomical gift under AS 13.52.173(2) immediately before the decedent's death;                                 
08                 (2)  the spouse of the decedent;                                                                        
09                 (3)  adult children of the decedent;                                                                    
10                 (4)  parents of the decedent;                                                                           
11                 (5)  adult siblings of the decedent;                                                                    
12                 (6)  adult grandchildren of the decedent;                                                               
13                 (7)  grandparents of the decedent;                                                                      
14                 (8)  an adult who exhibited special care and concern for the decedent;                                  
15                 (9)  the persons who were acting as the guardians of the person of the                                  
16       decedent at the time of death; and                                                                                
17                 (10)  any other person having the authority to dispose of the decedent's                                
18       body.                                                                                                             
19            (b)  If there is more than one member of a class listed in subsection (a)(1), (3),                           
20       (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an                                
21       anatomical gift may be made by a member of the class unless that member or a person                               
22       to whom the gift may pass under AS 13.52.207 knows of an objection by another                                     
23       member of the class. If an objection is known, the gift may be made only by a majority                            
24       of the members of the class who are reasonably available.                                                         
25            (c)  A person may not make an anatomical gift if, at the time of the decedent's                              
26       death, a person in a prior class under (a) of this section is reasonably available to make                        
27       or to object to the making of an anatomical gift.                                                                 
28    * Sec. 21. AS 13.52 is amended by adding new sections to read:                                                     
29            Sec. 13.52.203. Manner of making, amending, or revoking anatomical gift                                    
30       of decedent's body or part. (a) Notwithstanding AS 13.52.020, a person authorized                               
31       to make an anatomical gift under AS 13.52.197 may make an anatomical gift by a                                    
01       document of gift signed by the person making the gift or by that person's oral                                    
02       communication that is electronically recorded or is contemporaneously reduced to a                                
03       record and signed by the individual receiving the oral communication.                                             
04            (b)  Subject to (c) of this section, an anatomical gift by a person authorized                               
05       under AS 13.52.197 may be amended or revoked orally or in a record by any member                                  
06       of a prior class who is reasonably available. If more than one member of the prior                                
07       class is reasonably available, the gift made by a person authorized under AS 13.52.197                            
08       may be                                                                                                            
09                 (1)  amended only if a majority of the reasonably available members                                     
10       agree to the amending of the gift; or                                                                             
11                 (2)  revoked only if a majority of the reasonably available members                                     
12       agree to the revoking of the gift or if they are equally divided as to whether to revoke                          
13       the gift.                                                                                                         
14            (c)  Notwithstanding AS 13.52.020, a revocation under (b) of this section is                                 
15       effective only if, before an incision has been made to remove a part from the donor's                             
16       body or before invasive procedures have begun to prepare the recipient, the                                       
17       procurement organization, transplant hospital, or physician or technician knows of the                            
18       revocation.                                                                                                       
19            Sec. 13.52.207. Persons who may receive anatomical gift; purpose of                                        
20       anatomical gift. (a) An anatomical gift may be made to the following persons named                              
21       in the document of gift:                                                                                          
22                 (1)  a hospital, an accredited medical school, a dental school, a college,                              
23       a university, an organ procurement organization, or another appropriate person, for                               
24       research or education;                                                                                            
25                 (2)  subject to (b) of this section, an individual designated by the person                             
26       making the anatomical gift if the individual is the recipient of the part;                                        
27                 (3)  an eye bank or a tissue bank.                                                                      
28            (b)  If an anatomical gift to an individual under (a)(2) of this section cannot be                           
29       transplanted into the individual, the part passes under (g) of this section in the absence                        
30       of an express, contrary indication by the person making the anatomical gift.                                      
31            (c)  If an anatomical gift of one or more specific parts or of all parts is made in                          
01       a document of gift that does not name a person described in (a) of this section but                               
02       identifies the purpose for which an anatomical gift may be used, the following rules                              
03       apply:                                                                                                            
04                 (1)  if the part is an eye and the gift is for the purpose of transplantation                           
05       or therapy, the gift passes to the appropriate eye bank;                                                          
06                 (2)  if the part is tissue and the gift is for the purpose of transplantation                           
07       or therapy, the gift passes to the appropriate tissue bank;                                                       
08                 (3)  if the part is an organ and the gift is for the purpose of                                         
09       transplantation or therapy, the gift passes to the appropriate organ procurement                                  
10       organization as custodian of the organ;                                                                           
11                 (4)  if the part is an organ, an eye, or tissue and the gift is for the                                 
12       purpose of research or education, the gift passes to the appropriate procurement                                  
13       organization.                                                                                                     
14            (d)  For the purpose of (c) of this section, if there is more than one purpose of                            
15       an anatomical gift set out in the document of gift but the purposes are not set out in                            
16       any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift                     
17       cannot be used for transplantation or therapy, the gift may be used for research or                               
18       education.                                                                                                        
19            (e)  If an anatomical gift of one or more specific parts is made in a document of                            
20       gift that does not name a person described in (a) of this section and does not identify                           
21       the purpose of the gift, the gift may be used only for transplantation or therapy, and                            
22       the gift passes under (g) of this section.                                                                        
23            (f)  If a document of gift specifies only a general intent to make an anatomical                             
24       gift by words such as "donor," "organ donor," or "body donor," or by a symbol or                                  
25       statement of similar import, the gift may be used only for transplantation or therapy,                            
26       and the gift passes under (g) of this section.                                                                    
27            (g)  For purposes of (b), (e), and (f) of this section, the following rules apply:                           
28                 (1)  if the part is an eye, the gift passes to the appropriate eye bank;                                
29                 (2)  if the part is tissue, the gift passes to the appropriate tissue bank;                             
30                 (3)  if the part is an organ, the gift passes to the appropriate organ                                  
31       procurement organization as custodian of the organ.                                                               
01            (h)  An anatomical gift of an organ for transplantation or therapy, other than an                            
02       anatomical gift under (a)(2) of this section, passes to the organ procurement                                     
03       organization as custodian of the organ.                                                                           
04            (i)  If an anatomical gift does not pass under (a) - (h) of this section or the                              
05       decedent's body or part is not used for transplantation, therapy, research, or education,                         
06       custody of the body or part passes to the person under obligation to dispose of the                               
07       body or part.                                                                                                     
08            (j)  A person may not accept an anatomical gift if the person knows that the                                 
09       gift was not effectively made under AS 13.52.177 or 13.52.203 or if the person knows                              
10       that the decedent made a refusal under AS 13.52.187 that was not revoked. For                                     
11       purposes of this subsection, if a person knows that an anatomical gift was made on a                              
12       document of gift, the person is considered to know of any amendment or revocation of                              
13       the gift or any refusal to make an anatomical gift on the same document of gift.                                  
14            (k)  Except as otherwise provided in (a)(2) of this section, nothing in                                      
15       AS 13.52.173 - 13.52.268 affects the allocation of organs for transplantation or                                  
16       therapy.                                                                                                          
17    * Sec. 22. AS 13.52 is amended by adding new sections to read:                                                     
18            Sec. 13.52.213. Search and notification. (a) The following persons shall                                   
19       make a reasonable search of an individual who the person reasonably believes is dead                              
20       or near death for a document of gift or other information identifying the individual as a                         
21       donor or as an individual who made a refusal:                                                                     
22                 (1)  a law enforcement officer, a fire fighter, a paramedic, or another                                 
23       emergency rescuer finding the individual; and                                                                     
24                 (2)  if another other source of the information is not immediately                                      
25       available, a hospital, as soon as practical after the individual's arrival at the hospital.                       
26            (b)  If a document of gift or a refusal to make an anatomical gift is located by                             
27       the search required by (a)(1) of this section and the individual or deceased individual                           
28       to whom it relates is taken to a hospital, the person responsible for conducting the                              
29       search shall send the document of gift or refusal to the hospital.                                                
30            (c)  Except as provided by AS 13.52.080 - 13.52.090, a person is not subject to                              
31       criminal or civil liability for failing to discharge the duties imposed by this section but                       
01       may be subject to administrative sanctions.                                                                       
02            Sec. 13.52.217. Delivery of document of gift not required; right to                                        
03       examine. (a) A document of gift need not be delivered during the donor's lifetime to                            
04       be effective.                                                                                                     
05            (b)  On or after an individual's death, a person in possession of a document of                              
06       gift or a refusal to make an anatomical gift with respect to the individual shall allow                           
07       examination and copying of the document of gift or refusal by a person authorized to                              
08       make or object to the making of an anatomical gift with respect to the individual or by                           
09       a person to whom the gift could pass under AS 13.52.207.                                                          
10    * Sec. 23. AS 13.52 is amended by adding new sections to read:                                                     
11            Sec. 13.52.223. Rights and duties of procurement organization and others.                                  
12       (a) When a hospital refers an individual at or near death to a procurement                                        
13       organization, the organization shall make a reasonable search of the records of the                               
14       department and a donor registry.                                                                                  
15            (b)  A procurement organization shall be allowed reasonable access to                                        
16       information in the records of the department to ascertain whether an individual at or                             
17       near death is a donor.                                                                                            
18            (c)  Except as provided by AS 13.52.253, when a hospital refers an individual                                
19       at or near death to a procurement organization, the organization may conduct any                                  
20       reasonable examination necessary to ensure the medical suitability of a part that is or                           
21       could be the subject of an anatomical gift for transplantation, therapy, research, or                             
22       education from a donor or a prospective donor. Except as provided by AS 13.52.055                                 
23       or 13.52.253, during the examination period, measures necessary to ensure the medical                             
24       suitability of the part may not be withheld or withdrawn, unless the hospital or                                  
25       procurement organization knows that the individual expressed a contrary intent.                                   
26            (d)  Unless prohibited by law other than AS 13.52.173 - 13.52.268, at any time                               
27       after a donor's death, the person to whom a part passes under AS 13.52.207 may                                    
28       conduct any reasonable examination necessary to ensure the medical suitability of the                             
29       body or part for its intended purpose.                                                                            
30            (e)  Unless prohibited by law other than AS 13.52.173 - 13.52.268, an                                        
31       examination under (c) or (d) of this section may include an examination of all medical                            
01       and dental records of the donor or prospective donor.                                                             
02            (f)  Upon the death of a minor who was a donor or had signed a refusal, unless                               
03       a procurement organization knows the minor is emancipated, the procurement                                        
04       organization shall conduct a reasonable search for the parents of the minor and provide                           
05       the parents with an opportunity to revoke or amend the anatomical gift or revoke the                              
06       refusal.                                                                                                          
07            (g)  Upon referral by a hospital under (a) of this section, a procurement                                    
08       organization shall make a reasonable search for any person listed in AS 13.52.197                                 
09       having priority to make an anatomical gift on behalf of a prospective donor. If a                                 
10       procurement organization receives information that an anatomical gift to any other                                
11       person was made, amended, or revoked, it shall promptly advise the other person of all                            
12       relevant information.                                                                                             
13            (h)  Subject to AS 13.52.207(i) and 13.52.257, the rights of the person to                                   
14       whom a part passes under AS 13.52.207 are superior to the rights of all others with                               
15       respect to the part. The person may accept or reject an anatomical gift in whole or in                            
16       part. Subject to the terms of the document of gift and AS 13.52.173 - 13.52.268, a                                
17       person who accepts an anatomical gift of an entire body may allow embalming, burial,                              
18       or cremation, and use of remains in a funeral service. If the gift is of a part, the person                       
19       to whom the part passes under AS 13.52.207, on the death of the donor and before                                  
20       embalming, burial, or cremation, shall cause the part to be removed without                                       
21       unnecessary mutilation.                                                                                           
22            (i)  The physician who attends the decedent at death and the physician who                                   
23       determines the time of the decedent's death may not participate in the procedures for                             
24       removing or transplanting a part from the decedent.                                                               
25            (j)  A physician or technician may remove a donated part from the body of a                                  
26       donor that the physician or technician is qualified to remove.                                                    
27            Sec. 13.52.227. Coordination of procurement and use. A hospital in this                                    
28       state shall enter into agreements or affiliations with procurement organizations for                              
29       coordination of procurement and use of anatomical gifts.                                                          
30    * Sec. 24. AS 13.52 is amended by adding a new section to read:                                                    
31            Sec. 13.52.233. Sale or purchase of parts prohibited; charges allowed. (a)                                 
01       Except as otherwise provided in (b) of this section, a person who, for valuable                                   
02       consideration, knowingly purchases or sells a part for transplantation or therapy if                              
03       removal of a part from an individual is intended to occur after the individual's death                            
04       commits a class C felony.                                                                                         
05            (b)  A person may charge a reasonable amount for the removal, processing,                                    
06       preservation, quality control, storage, transportation, implantation, or disposal of a                            
07       part.                                                                                                             
08    * Sec. 25. AS 13.52 is amended by adding new sections to read:                                                     
09            Sec. 13.52.243. Immunity. (a) Except as provided by AS 13.52.080 -                                         
10       13.52.090, a person who acts under AS 13.52.173 - 13.52.268 or with the applicable                                
11       anatomical gift law of another state, or attempts in good faith to act under                                      
12       AS 13.52.173 - 13.52.268 or with the applicable anatomical gift law of another state,                             
13       is not liable for the act in a civil action, a criminal prosecution, or an administrative                         
14       proceeding.                                                                                                       
15            (b)  Except as provided by AS 13.52.080 - 13.52.090, a person making an                                      
16       anatomical gift and the donor's estate are not liable for any injury or damage that                               
17       results from the making or use of the gift.                                                                       
18            (c)  In determining whether an anatomical gift has been made, amended, or                                    
19       revoked under AS 13.52.173 - 13.52.268, a person may rely on representations of an                                
20       individual listed in AS 13.52.197(a)(2) - (8) relating to the individual's relationship to                        
21       the donor or prospective donor unless the person knows that the representation is                                 
22       untrue.                                                                                                           
23            Sec. 13.52.247. Law governing validity; choice of law as to execution of                                   
24       document of gift; presumption of validity. (a) Notwithstanding AS 13.52.010(k), a                               
25       document of gift is valid if executed under                                                                       
26                 (1)  AS 13.52.173 - 13.52.268;                                                                          
27                 (2)  the laws of the state or country where it was executed; or                                         
28                 (3)  the laws of the state or country where the person making the                                       
29       anatomical gift was domiciled, has a place of residence, or was a national at the time                            
30       the document of gift was executed.                                                                                
31            (b)  If a document of gift is valid under this section, the law of this state                                
01       governs the interpretation of the document of gift.                                                               
02            (c)  A person may presume that a document of gift or amendment of an                                         
03       anatomical gift is valid unless that person knows that it was not validly executed or                             
04       was revoked.                                                                                                      
05    * Sec. 26. AS 13.52 is amended by adding new sections to read:                                                     
06            Sec. 13.52.253. Effect of anatomical gift on advance health care directive.                                
07       Except as provided by AS 13.52.055, if a prospective donor has an advance health                                  
08       care directive, and the terms of the directive and the express terms of a potential                               
09       anatomical gift are in conflict with regard to the administration of measures necessary                           
10       to ensure the medical suitability of a part for transplantation or therapy, the                                   
11       prospective donor's attending physician and prospective donor shall confer to resolve                             
12       the conflict. If the prospective donor is incapable of resolving the conflict, an agent                           
13       acting under the prospective donor's declaration or directive, or, if none or the agent is                        
14       not reasonably available, another person authorized by law other than AS 13.52.173 -                              
15       13.52.268 to make health care decisions on behalf of the prospective donor, shall act                             
16       for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as                         
17       possible. Information relevant to the resolution of the conflict may be obtained from                             
18       the appropriate procurement organization and any other person authorized to make an                               
19       anatomical gift for the prospective donor under AS 13.52.173 - 13.52.268. Before                                  
20       resolution of the conflict, measures necessary to ensure the medical suitability of the                           
21       part may not be withheld or withdrawn from the prospective donor unless withholding                               
22       or withdrawing the measures conflicts with appropriate end-of-life care.                                          
23            Sec. 13.52.255. Cooperation between coroner, state medical examiner, and                                   
24       procurement organization. (a) A coroner and a state medical examiner shall                                      
25       cooperate with procurement organizations to maximize the opportunity to recover                                   
26       anatomical gifts for the purpose of transplantation, therapy, research, or education.                             
27            (b)  If a coroner or a state medical examiner receives notice from a                                         
28       procurement organization that an anatomical gift might be available or was made with                              
29       respect to a decedent whose body is under the jurisdiction of the coroner or state                                
30       medical examiner and a postmortem examination is going to be performed, unless the                                
31       coroner or state medical examiner denies recovery under AS 13.52.257, the coroner,                                
01       the state medical examiner, or a designee shall conduct a postmortem examination of                               
02       the body or the part in a manner and within a period compatible with its preservation                             
03       for the purposes of the gift.                                                                                     
04            (c)  A part may not be removed from the body of a decedent under the                                         
05       jurisdiction of a coroner or a state medical examiner for transplantation, therapy,                               
06       research, or education unless the part is the subject of an anatomical gift. The body of                          
07       a decedent under the jurisdiction of the coroner or state medical examiner may not be                             
08       delivered to a person for research or education unless the body is the subject of an                              
09       anatomical gift. This subsection does not preclude a coroner or the state medical                                 
10       examiner from performing the medicolegal investigation on the body or parts of a                                  
11       decedent under the jurisdiction of the coroner or state medical examiner.                                         
12            Sec. 13.52.257. Facilitation of anatomical gift from decedent whose body is                                
13       under jurisdiction of coroner or state medical examiner. (a) On request of a                                    
14       procurement organization, a coroner or the state medical examiner may release to the                              
15       procurement organization the name, contact information, and available medical and                                 
16       social history of a decedent whose body is under the jurisdiction of the coroner or state                         
17       medical examiner. If the decedent's body or part is medically suitable for                                        
18       transplantation, therapy, research, or education, the coroner or state medical examiner                           
19       shall release postmortem examination results to the procurement organization. The                                 
20       procurement organization may make a subsequent disclosure of the postmortem                                       
21       examination results or other information received from the coroner or state medical                               
22       examiner only if relevant to transplantation or therapy.                                                          
23            (b)  The coroner or state medical examiner may conduct a medicolegal                                         
24       examination by reviewing all medical records, laboratory test results, x-rays, other                              
25       diagnostic results, and other information that any person possesses about a donor or                              
26       prospective donor whose body is under the jurisdiction of the coroner or state medical                            
27       examiner that the coroner or state medical examiner determines may be relevant to the                             
28       investigation.                                                                                                    
29            (c)  A person who has any information requested by a coroner or the state                                    
30       medical examiner under (b) of this section shall provide that information as                                      
31       expeditiously as possible to allow the coroner or state medical examiner to conduct the                           
01       medicolegal investigation within a period compatible with the preservation of parts for                           
02       the purpose of transplantation, therapy, research, or education.                                                  
03            (d)  If an anatomical gift has been or might be made of a part of a decedent                                 
04       whose body is under the jurisdiction of the coroner or state medical examiner and a                               
05       postmortem examination is not required, or the coroner or state medical examiner                                  
06       determines that a postmortem examination is required but that the recovery of the part                            
07       that is the subject of an anatomical gift will not interfere with the examination, the                            
08       coroner or state medical examiner and the procurement organization shall cooperate in                             
09       the timely removal of the part from the decedent for the purpose of transplantation,                              
10       therapy, research, or education.                                                                                  
11            (e)  If an anatomical gift of a part from the decedent under the jurisdiction of                             
12       the coroner or state medical examiner has been or might be made, but the coroner or                               
13       state medical examiner initially believes that the recovery of the part could interfere                           
14       with the postmortem investigation into the decedent's cause or manner of death, the                               
15       coroner or state medical examiner may consult with the procurement organization, or                               
16       the physician or technician designated by the procurement organization, about the                                 
17       proposed recovery. After consultation, the coroner or state medical examiner may                                  
18       allow the recovery.                                                                                               
19            (f)  If the coroner, the state medical examiner, or a designee denies recovery of                            
20       a part, the coroner, state medical examiner, or designee shall                                                    
21                 (1)  explain in a record the specific reasons for not allowing recovery of                              
22       the part;                                                                                                         
23                 (2)  include the specific reasons in the records of the coroner or state                                
24       medical examiner; and                                                                                             
25                 (3)  provide a record with the specific reasons to the procurement                                      
26       organization.                                                                                                     
27            (g)  If the coroner, the state medical examiner, or a designee allows recovery of                            
28       a part under (d) or (e) of this section, the procurement organization, on request, shall                          
29       cause the physician or technician who removes the part to provide the coroner or state                            
30       medical examiner with a record describing the condition of the part, a biopsy, a                                  
31       photograph, and any other information and observations that would assist in the                                   
01       postmortem examination.                                                                                           
02            (h)  If a coroner, state medical examiner, or designee elects to be present at a                             
03       removal procedure, on request, the procurement organization requesting the recovery                               
04       of the part shall reimburse the coroner, state medical examiner, or designee for the                              
05       additional costs incurred in complying with this section.                                                         
06    * Sec. 27. AS 13.52 is amended by adding a new section to read:                                                    
07            Sec. 13.52.263. Relation to Electronic Signatures in Global and National                                   
08       Commerce Act. AS 13.52.173 - 13.52.267 modify, limit, and supersede 15 U.S.C.                                   
09       7001 - 7031 (Electronic Signatures in Global and National Commerce Act), except                                   
10       that AS 13.52.173 - 13.52.267 do not modify, limit or supersede 15 U.S.C. 7001, or                                
11       authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).                               
12    * Sec. 28. AS 13.52 is amended by adding new sections to read:                                                     
13            Sec. 13.52.267. Uniformity of application and construction. In applying and                                
14       construing AS 13.52.173 - 13.52.263, consideration shall be given to the need to                                  
15       promote uniformity of the law with respect to its subject matter among states that                                
16       enact it.                                                                                                         
17            Sec. 13.52.268. Definitions for AS 13.52.173 - 13.52.268. Notwithstanding                                  
18       AS 13.52.390, in AS 13.52.173 - 13.52.268,                                                                        
19                 (1)  "adult" means an individual who is at least 18 years of age;                                       
20                 (2)  "decedent" means a deceased individual whose body or part is or                                    
21       may be the source of an anatomical gift; the term includes a stillborn infant and,                                
22       subject to restrictions imposed by law other than AS 13.52.173 - 13.52.168, a fetus;                              
23                 (3)  "department" means the Department of Administration;                                               
24                 (4)  "disinterested witness" means a witness who is not                                                 
25                      (A)  the spouse, child, parent, sibling, grandchild, grandparent,                                  
26            or guardian of the individual who makes, amends, revokes, or refuses to make                                 
27            an anatomical gift;                                                                                          
28                      (B)  an adult who exhibited special care and concern for the                                       
29            individual; or                                                                                               
30                      (C)  a person to whom an anatomical gift could pass under                                          
31            AS 13.52.207;                                                                                                
01                 (5)  "document of gift" means a donor card or other record used to                                      
02       make an anatomical gift, and includes a statement or symbol on a driver's license, an                             
03       identification card, or a donor registry;                                                                         
04                 (6)  "donor" means an individual whose body or part is the subject of                                   
05       an anatomical gift;                                                                                               
06                 (7)  "donor registry" means the donor registry created under                                            
07       AS 13.50.110;                                                                                                     
08                 (8)  "driver's license" means a license or permit issued by the                                         
09       department under AS 28.15 to operate a vehicle, whether or not conditions are                                     
10       attached to the license or permit;                                                                                
11                 (9)  "eye bank" means a person who is licensed, accredited, or                                          
12       regulated under federal or state law to engage in the recovery, screening, testing,                               
13       processing, storage, or distribution of human eyes or portions of human eyes;                                     
14                 (10)  "guardian" means a person appointed by a court to make decisions                                  
15       regarding the support, care, education, health, or welfare of an individual; the term                             
16       does not include a guardian ad litem;                                                                             
17                 (11)  "hospital" means a facility licensed as a hospital under the law of                               
18       any state or a facility operated as a hospital by the United States, a state, or a                                
19       subdivision of a state;                                                                                           
20                 (12)  "identification card" means an identification card issued by the                                  
21       Department of Administration under AS 18.65.310;                                                                  
22                 (13)  "know" means to have actual knowledge;                                                            
23                 (14)  "minor" means an individual who is under 18 years of age;                                         
24                 (15)  "organ procurement organization" means a person designated by                                     
25       the United States Secretary of Health and Human Services as an organ procurement                                  
26       organization;                                                                                                     
27                 (16)  "parent" means a parent whose parental rights have not been                                       
28       terminated;                                                                                                       
29                 (17)  "person" means an individual, corporation, business trust, estate,                                
30       trust, partnership, limited liability company, association, joint venture, public                                 
31       corporation, government or governmental subdivision, agency, or instrumentality, or                               
01       any other legal or commercial entity;                                                                             
02                 (18)  "physician" means an individual authorized to practice medicine                                   
03       or osteopathy under the law of any state;                                                                         
04                 (19)  "procurement organization" means an eye bank, an organ                                            
05       procurement organization, or a tissue bank;                                                                       
06                 (20)  "prospective donor" means an individual who is dead or near                                       
07       death and has been determined by a procurement organization to have a part that could                             
08       be medically suitable for transplantation, therapy, research, or education; the term                              
09       does not include an individual who has made a refusal;                                                            
10                 (21)  "reasonably available" means able to be contacted by a                                            
11       procurement organization without undue effort and willing and able to act in a timely                             
12       manner consistent with existing medical criteria necessary for the making of an                                   
13       anatomical gift;                                                                                                  
14                 (22)  "recipient" means an individual into whose body a decedent's part                                 
15       has been or is intended to be transplanted;                                                                       
16                 (23)  "record" means information that is inscribed on a tangible                                        
17       medium or that is stored in an electronic or another medium and is retrievable in                                 
18       perceivable form;                                                                                                 
19                 (24)  "refusal" means a record created under AS 13.52.187 that                                          
20       expressly states an intent to bar other persons from making an anatomical gift of an                              
21       individual's body or part;                                                                                        
22                 (25)  "sign" means, with the present intent to authenticate or adopt a                                  
23       record,                                                                                                           
24                      (A)  to execute or adopt a tangible symbol; or                                                     
25                      (B)  to attach to or logically associate with the record an                                        
26            electronic symbol, sound, or process;                                                                        
27                 (26)  "state" means a state of the United States, the District of                                       
28       Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular                              
29       possession subject to the jurisdiction of the United States;                                                      
30                 (27)  "state medical examiner" means the state medical examiner                                         
31       appointed under AS 12.65.015(a);                                                                                  
01                 (28)  "technician" means an individual determined to be qualified to                                    
02       remove or process parts by an appropriate organization that is licensed, accredited, or                           
03       regulated under federal or state law; the term includes an enucleator;                                            
04                 (29)  "tissue" means a portion of the human body other than an organ or                                 
05       an eye; the term does not include blood unless the blood is donated for the purpose of                            
06       research or education;                                                                                            
07                 (30)  "tissue bank" means a person who is licensed, accredited, or                                      
08       regulated under federal or state law to engage in the recovery, screening, testing,                               
09       processing, storage, or distribution of tissue;                                                                   
10                 (31)  "transplant hospital" means a hospital that furnishes organ                                       
11       transplants and other medical and surgical specialty services required for the care of                            
12       transplant patients.                                                                                              
13    * Sec. 29. AS 13.52.390(3) is amended to read:                                                                     
14                 (3)  "anatomical gift" means [AN INDIVIDUAL INSTRUCTION                                                 
15       THAT MAKES] a donation of all or a part of a human [AN INDIVIDUAL'S] body to                                  
16       take effect [UPON OR] after the donor's death for the purpose of transplantation,                         
17       therapy, research, or education;                                                                              
18    * Sec. 30. AS 13.52.390(30) is amended to read:                                                                    
19                 (30)  "part" means an organ, tissue, or an eye [, A BONE, AN                                        
20       ARTERY, BLOOD, FLUID, OR ANOTHER PORTION] of a human being [BODY],                                            
21       except fetal tissue; the term does not include the whole body;                                                
22    * Sec. 31. AS 18.65.311(b) is amended to read:                                                                     
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. The department shall, by                              
26       placement of posters and brochures in the office where the application is taken, and by                           
27       oral advice, if requested, make known to the applicant the method by which the                                    
28       cardholder may make an anatomical gift under AS 13.52. The department shall inform                                
29       each applicant for an identification card in writing that, if the applicant executes a gift                       
30       under AS 13.52 and if the gift is made with the registration, the department will                                 
31       transmit the information on the identification card to a donor registry created under                             
01       AS 13.50.110. The department shall also direct the applicant to notify a procurement                              
02       organization or the department under AS 13.50.140 if the identification card is                                   
03       destroyed or mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The                          
04       department shall carry out the requirements of AS 13.50.100 - 13.50.190.                                          
05    * Sec. 32. AS 28.10.021(c) is amended to read:                                                                     
06            (c)  An employee of the department who processes an application for                                          
07       registration or renewal of registration, other than an application received by mail or an                         
08       application for registration under AS 28.10.152, shall ask the applicant orally whether                           
09       the applicant wishes to execute an anatomical gift. The department shall make known                               
10       to all applicants the procedure for executing an anatomical gift under AS 13.52                                   
11       (Health Care Decisions Act) by displaying posters in the offices in which applications                            
12       are taken, by providing a brochure or other written information to each person who                                
13       applies in person or by mail, and, if requested, by providing oral advice. The                                    
14       department shall inform each applicant in writing that, if the applicant executes a gift                          
15       under AS 13.52 and if the gift is made with the registration application, the department                          
16       will transmit the information on the registration to a donor registry created under                               
17       AS 13.50.110. The department shall also direct the applicant to notify a procurement                              
18       organization or the department under AS 13.50.140 if the registration is destroyed or                             
19       mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The department                            
20       shall carry out the requirements of AS 13.50.100 - 13.50.190.                                                     
21    * Sec. 33. AS 28.15.061(d) is amended to read:                                                                     
22            (d)  An employee of the department who processes a driver's license                                          
23       application, other than an application received by mail, shall ask the applicant orally                           
24       whether the applicant wishes to execute an anatomical gift. The department shall make                             
25       known to all applicants the procedure for executing an anatomical gift under AS 13.52                             
26       (Health Care Decisions Act) by displaying posters in the offices in which applications                            
27       are taken, by providing a brochure or other written information to each person who                                
28       applies in person or by mail, and, if requested, by providing oral advice. The                                    
29       department shall inform each applicant in writing that, if the applicant executes a gift                          
30       under AS 13.52 and if the gift is made with the driver's license application, the                                 
31       department will transmit the information on the license to a donor registry created                               
01       under AS 13.50.110. The department shall also direct the applicant to notify a                                    
02       procurement organization or the department under AS 13.50.140 if the license is                                   
03       destroyed or mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The                          
04       department shall carry out the requirements of AS 13.50.100 - 13.50.190.                                          
05    * Sec. 34. AS 28.15.111(b) is amended to read:                                                                     
06            (b)  The department shall provide a method, at the time that an operator's                                   
07       license is issued, by which the owner of a license may make an anatomical gift under                              
08       AS 13.52. The method must provide a means by which the owner may cancel the                                       
09       anatomical gift. The department shall inform each applicant in writing that, if the                               
10       applicant executes a gift under AS 13.52 and if the gift is made with the license, the                            
11       department will transmit the information on the license to a donor registry created                               
12       under AS 13.50.110. The department shall also direct the applicant to notify a                                    
13       procurement organization or the department under AS 13.50.140 if the license is                                   
14       destroyed or mutilated or the gift is revoked under AS 13.52.183 [AS 13.52.170]. The                          
15       department shall carry out the requirements of AS 13.50.100 - 13.50.190.                                          
16    * Sec. 35. AS 37.05.146(c) is amended by adding a new paragraph to read:                                           
17                 (82)  donations to the anatomical gift awareness fund under                                             
18       AS 13.50.150.                                                                                                     
19    * Sec. 36. AS 13.52.170, 13.52.180, 13.52.190, 13.52.200, 13.52.210, 13.52.220, 13.52.230,                         
20 13.52.240, 13.52.250, 13.52.260, 13.52.265, 13.52.270, 13.52.280, 13.52.390(10),                                        
21 13.52.390(12), 13.52.390(13), and 13.52.390(41) are repealed.                                                         
22    * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24       APPLICABILITY. (a) AS 13.16.680(a), as amended by sec. 2 of this Act, and                                         
25 AS 13.16.700, as amended by sec. 3 of this Act, apply to a decedent if the decedent dies on or                          
26 after the effective date of this Act.                                                                                   
27       (b)  AS 13.33.101(d), (e), (f), and (g), as added by sec. 4 of this Act, apply to                                 
28 provisions for a nonprobate transfer on death in a life insurance contract or a retirement plan                         
29 that are made before, on, or after the effective date of this Act. In this subsection, "life                            
30 insurance contract" and "retirement plan" have the meanings given in AS 13.33.101(g), added                             
31 by sec. 4 of this Act.                                                                                                  
01    * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03       CONTINUING EFFECT OF EXISTING ANATOMICAL GIFTS. An anatomical gift                                                
04 made under AS 13.52.170 - 13.52.280, repealed by this Act, continues in effect under                                    
05 AS 13.52.173 - 13.52.268, enacted by secs. 18 - 28 of this Act, until the anatomical gift is                            
06 revoked under AS 13.52.173 - 13.52.268.