Legislature(2003 - 2004)

02/17/2004 02:04 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 337                                                                                                            
                                                                                                                                
     An Act  relating to anatomical  donor registries,  to an                                                                   
     anatomical  gift awareness fund,  to an anatomical  gift                                                                   
     awareness  program, and  to motor  vehicle licenses  and                                                                   
     registrations.                                                                                                             
                                                                                                                                
REPRESENTATIVE LESIL MCGUIRE noted  that currently, there are                                                                   
nearly  84,000  men, women  and  children waiting  for  organ                                                                   
transplants  nationwide,  of which  85 live  in  Alaska.   In                                                                   
addition,  many more are  waiting for  tissue (bone,  tendon,                                                                   
skin, heart valve, cornea) donations.                                                                                           
                                                                                                                                
Alaskans  have always  been known  for  their generosity  and                                                                   
caring for  their neighbors and  the Uniform Anatomical  Gift                                                                   
Act continues that long tradition.   The proposed legislation                                                                   
creates  a  donor   registry  program  in  which   a  donor's                                                                   
License/ID  information  would  be transferred  to  the  Life                                                                   
Alaska  Donor  Services, the  State's  organ  & tissue  donor                                                                   
program.   She added that if the  donor did not want  to have                                                                   
their  information  transferred  to the  program,  the  donor                                                                   
could choose  not to  participate.   Additionally, the  donor                                                                   
could  opt  out  of  the  program   at  any  time  and  their                                                                   
information would be removed from the registry.                                                                                 
                                                                                                                                
Representative  McGuire  pointed   out  that  currently,  the                                                                   
licensee's  donor  status  is   only  located  as  a  printed                                                                   
statement on the  physical ID and not within  the Division of                                                                   
Motor  Vehicles  (D.M.V.)  database.    A  lack  of  registry                                                                   
creates a problem for timely donation.   The D.M.V. currently                                                                   
keeps no  records of  the licensee's  status; therefore,  the                                                                   
donation program  may not realize the donor's  wishes for the                                                                   
donation to be medically acceptable.                                                                                            
                                                                                                                                
Through  the  legislation,  the   donor's  status  and  other                                                                   
information  would be  made available  to  Life Alaska  Donor                                                                   
Services so that  the donor's gift would be  realized with or                                                                   
without the  donor having their License/State  identification                                                                   
card at  the time of death,  which will allow Life  Alaska to                                                                   
quickly ascertain the donor status  of the licensee and match                                                                   
the donor's gift with a suitable recipient.                                                                                     
                                                                                                                                
Representative  McGuire  stated   that  in  addition  to  the                                                                   
creation of the  registry, HB 337 would establish  a monetary                                                                   
donation  program in  which a motor  vehicle applicant  could                                                                   
donate $1  or more to the  Organ & Tissue Donation  Awareness                                                                   
Fund.   The  donation is voluntary and the  Division of Motor                                                                   
Vehicles  would provide  that  information  available to  all                                                                   
applicants.  She  added that similar bills have  already been                                                                   
passed in Washington and Montana in 2003.                                                                                       
                                                                                                                                
Representative  McGuire  noted   that  she  did  support  the                                                                   
amendment  prepared by  Co-Chair Williams.   She pointed  out                                                                   
that  the  bill   is  100%  funded  by  the   organ  donation                                                                   
organizations.  There  will be no fiscal impact  on the State                                                                   
of  Alaska.    Representative   McGuire  advised  that  Duane                                                                   
Bannock, Director, Division of  Motor Vehicles, has willingly                                                                   
accepted the  job of the  proposal and  that they will  be an                                                                   
important  partner  in  the  process.    HB  337  allows  the                                                                   
Division of Motor  Vehicles (DMV) to collect $1  dollar to go                                                                   
toward an  Organ-Tissue Donation  Awareness Fund.   The money                                                                   
will   be  collected   and  transferred   quarterly  to   the                                                                   
procurement organization  to raise awareness  regarding organ                                                                   
and tissue donation,  the benefits of it and how  to become a                                                                   
part of the register.                                                                                                           
                                                                                                                                
Representative  Stoltze asked if  the legislation  would make                                                                   
changes to the existing Living  Will concept.  Representative                                                                   
McGuire  responded that  it would  not make  changes to  that                                                                   
program, as the proposal is a separate concept.                                                                                 
                                                                                                                                
Representative Stoltze mentioned  the possibility of problems                                                                   
for the living  heirs and asked if the bill  would close that                                                                   
loophole.  Representative  McGuire explained that  one of the                                                                   
main  purposes of  the  bill was  to get  people  registered.                                                                   
Registration  would  make a  solid  record of  that  person's                                                                   
wishes.  The  family would then understand their  wish by the                                                                   
formal registry.                                                                                                                
                                                                                                                                
Representative  McGuire  indicated  problems  throughout  the                                                                   
United  States   (U.S.)  involving  family   versus  personal                                                                   
intentions of  the person  at the time  of death.   Currently                                                                   
the driver's license  indicates the wish but if  they are not                                                                   
part of a registry, then it could  be that the heir would not                                                                   
grant their wish.  Having the  name on file with the registry                                                                   
would go a long way in closing  the communication gap between                                                                   
the  heirs,   families  and  the   person  who  died.     She                                                                   
acknowledged that the subject  was delicate for families.  It                                                                   
is hoped that the families will  discuss these things so that                                                                   
everyone understands the concrete wish made.                                                                                    
                                                                                                                                
Representative Stoltze acknowledged  that it would be good to                                                                   
"close the loop" on personal items before death happens.                                                                        
                                                                                                                                
Vice Chair Meyer  voiced support for the bill  and noted that                                                                   
he  had co-sponsored  the bill,  however,  questioned the  $7                                                                   
thousand dollar  fiscal note expense requested  for the first                                                                   
year  of operation.   Representative  McGuire explained  that                                                                   
cost  would help  to create  the  initial registry  database.                                                                   
The  money  would  be  incurred   by  the  organ  and  tissue                                                                   
procurement  organizations and  would originate from  program                                                                   
receipts.                                                                                                                       
                                                                                                                                
Co-Chair  Williams   MOVED  to   ADOPT  Amendment   #1,  #23-                                                                   
LS1257\W.1, Bannister,  2,17/04.   (Copy on File).   Co-Chair                                                                   
Harris OBJECTED for the purpose of discussion.                                                                                  
                                                                                                                                
Representative McGuire acknowledged  that the amendment would                                                                   
make the  bill better,  allowing a person  that wanted  to be                                                                   
removed  from  the  registry  to  go to  the  D.M.V.  or  the                                                                   
procurement agency and request  to be removed.  The amendment                                                                   
provides more options.                                                                                                          
                                                                                                                                
Co-Chair  Harris  WITHDREW his  OBJECTION.    There being  NO                                                                   
further OJBECTION, Amendment #1 was adopted.                                                                                    
                                                                                                                                
DUANE  BANNOCK,  (TESTIFIED  VIA  TELECONFERENCE),  DIRECTOR,                                                                   
DIVISION  OF MOTOR  VEHICLES,  DEPARTMENT OF  ADMINISTRATION,                                                                   
ANCHORAGE,  voiced the  D.M.V.'s  support of  the  bill.   He                                                                   
stated  that  the  bill  would  make  for  a  more  "seamless                                                                   
process"   of  information  transmission   so  that   Alaskan                                                                   
customers can  be on the  registered list, making  operations                                                                   
more  efficient.   He  offered  to  answer questions  of  the                                                                   
Committee.                                                                                                                      
                                                                                                                                
ERIN  MEADE,  (TESTIFIED  VIA  TELECONFERENCE),  LIFE  CENTER                                                                   
NORTHWEST, BELLEVUE, WASHINGTON,  voiced support for the bill                                                                   
and  offered   to  answer  any   further  questions   of  the                                                                   
Committee.                                                                                                                      
                                                                                                                                
Representative Foster MOVED to  report CS HB 337 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  337 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass" recommendation  and with  a new  fiscal impact  note by                                                                   
the Department  of  Revenue and  zero fiscal  note #1 by  the                                                                   
Department of Health & Social Services.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects