SF 1075

as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 08:36am

A bill for an act
relating to game and fish; requiring applications for hunting and fishing licenses
to allow applicant to be organ donor and make cash contributions for public
education regarding anatomical gifts; requiring a report; amending Minnesota
Statutes 2014, section 171.075, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 97A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [97A.408] ANATOMICAL GIFT; DONOR RECORDS; DONATION.
new text end

new text begin (a) Applications for a resident license to hunt or fish that are required under this
chapter or chapter 97B and that are obtained by an applicant from an office of the
Department of Natural Resources, from the department's Web site, or from an authorized
deputy registrar of motor vehicles must contain a provision that allows the applicant to
indicate a desire to make an anatomical gift according to paragraph (b).
new text end

new text begin (b) The application must contain statements sufficient to comply with the
requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A,
so that execution of the application or donor document will make the anatomical gift as
provided in this section for those indicating a desire to make an anatomical gift. The
application must be accompanied by information describing Minnesota laws regarding
anatomical gifts, the need for and benefits of anatomical gifts, and the legal implications
of making an anatomical gift, including the law governing revocation of anatomical gifts.
The commissioner shall distribute a notice that must accompany all applications for and
renewals of a license subject to this section. The notice must be prepared in conjunction
with a Minnesota organ procurement organization and must include:
new text end

new text begin (1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and
new text end

new text begin (2) a telephone number for a Minnesota organ procurement organization that may be
called for questions regarding anatomical gifts.
new text end

new text begin (c) For the purposes of this section, "organ procurement organization" means an
organ procurement organization that is certified by the federal Centers for Medicare and
Medicaid Services.
new text end

new text begin (d) If a donor is 18 years of age or younger, the application must be signed by both
the minor donor and one of the minor donor's parents or the minor donor's legal guardian.
If a minor cannot sign, the application may not be signed for the minor.
new text end

new text begin (e) If a donor is 18 years of age or older, the application must be signed by the donor. If
the donor cannot sign, the application may be signed for the donor, in the donor's presence,
and in the presence of two witnesses who must sign the application in the donor's presence.
new text end

new text begin (f) The commissioner shall identify donors of anatomical gifts by the designation
"donor" on the front side of the license. Issuance of a license identifying the person as a
donor completes the donation process and the license constitutes the final donor record.
new text end

new text begin (g) The commissioner is not required to keep the physical record of the donor's
application after issuing the license for the donation to be valid. The commissioner shall
maintain a computer record of donors.
new text end

new text begin (h) An organ procurement organization must be allowed reasonable access to
information in the records of the Department of Natural Resources to ascertain whether an
individual at or near death is a donor of an anatomical gift. The commissioner shall consult
with the Department of Public Safety and a Minnesota organ procurement organization to
assist the commissioner in developing an efficient and effective mechanism to provide
reasonable access to the department's records.
new text end

new text begin (i) Revocation, suspension, expiration, or cancellation of the license does not
invalidate the anatomical gift. The designation "donor" constitutes sufficient legal
authority for the removal of all body organs or parts upon death of the donor for the
purpose of transplantation. The donor designation may be removed only upon written
notice to the commissioner. Delivery of the license during the donor's lifetime is not
necessary to make the gift valid.
new text end

new text begin (j) Chapter 525A applies to anatomical gifts made on an application for a license
subject to this section.
new text end

new text begin (k) The department must be reimbursed under section 171.075, subdivision 1, for the
reasonable costs of administering an anatomical gift and donation program.
new text end

Sec. 2.

Minnesota Statutes 2014, section 171.075, subdivision 1, is amended to read:

Subdivision 1.

Anatomical gift account.

An anatomical gift account is established
in the special revenue fund. The account deleted text begin consist deleted text end new text begin consists new text end of funds donated under sections
168.013, subdivision 22, and 171.06, subdivision 2, and any other money donated,
allotted, transferred, or otherwise provided to the account. Money in the account is
annually appropriated to the commissioner for new text begin : new text end

(1) grants under subdivision 2 deleted text begin , and deleted text end new text begin ; new text end

(2) administrative expenses in implementing the donation and grant program deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) reimbursements to state agencies for administrative costs incurred in
implementing an anatomical gift and donation program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin INTERIM REPORT.
new text end

new text begin By January 1, 2016, the commissioner of natural resources must submit a report
to the chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over natural resources policy that describes the
progress made in implementing this act, including the arrangements made to provide
access to departmental records and any delays or problems encountered.
new text end