1.1                          A bill for an act 
  1.2             relating to anatomical gifts; making certain changes 
  1.3             to driver's license applications; specifying intent 
  1.4             and consent requirements for anatomical gift 
  1.5             designations; amending Minnesota Statutes 2000, 
  1.6             sections 171.06, subdivision 3; 525.9211. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 171.06, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
  1.11  An application must state the full name, date of birth, sex and 
  1.12  residence address of the applicant, a description of the 
  1.13  applicant in such manner as the commissioner may require, and 
  1.14  must state whether or not the applicant has theretofore been 
  1.15  licensed as a driver; and, if so, when and by what state or 
  1.16  country and whether any such license has ever been suspended or 
  1.17  revoked, or whether an application has ever been refused; and, 
  1.18  if so, the date of and reason for such suspension, revocation, 
  1.19  or refusal, together with such facts pertaining to the applicant 
  1.20  and the applicant's ability to operate a motor vehicle with 
  1.21  safety as may be required by the commissioner.  An application 
  1.22  for a class C, class B, or class A driver's license also must 
  1.23  state the applicant's social security number.  An application 
  1.24  for a class D driver's license must have a space for the 
  1.25  applicant's social security number and state that providing the 
  1.26  number is optional, or otherwise convey that the applicant is 
  2.1   not required to enter the social security number.  
  2.2      (b) The application form must contain a space where the 
  2.3   applicant may indicate a desire to make an anatomical gift.  If 
  2.4   the applicant does not indicate a desire to make an anatomical 
  2.5   gift when the application is made, the applicant must be offered 
  2.6   a donor document in accordance with section 171.07, subdivision 
  2.7   5.  The application form must contain statements sufficient to 
  2.8   comply with the requirements of the Uniform Anatomical Gift Act 
  2.9   (1987), sections 525.921 to 525.9224, so that execution of the 
  2.10  application or donor document will make the anatomical gift as 
  2.11  provided in section 171.07, subdivision 5, for those indicating 
  2.12  a desire to make an anatomical gift.  The application form must 
  2.13  contain a notification to the applicant of the availability of a 
  2.14  living will/health care directive designation on the license 
  2.15  under section 171.07, subdivision 7.  The application must be in 
  2.16  the form prepared by the commissioner.  
  2.17     (b) (c) The application form must be accompanied by a 
  2.18  pamphlet containing relevant facts relating to:  
  2.19     (1) the effect of alcohol on driving ability; 
  2.20     (2) the effect of mixing alcohol with drugs; 
  2.21     (3) the laws of Minnesota relating to operation of a motor 
  2.22  vehicle while under the influence of alcohol or a controlled 
  2.23  substance; and 
  2.24     (4) the levels of alcohol-related fatalities and accidents 
  2.25  in Minnesota and of arrests for alcohol-related violations. 
  2.26     (c) (d) The application form must also be accompanied by a 
  2.27  pamphlet describing Minnesota laws regarding anatomical gifts 
  2.28  and, the need for and benefits of anatomical gifts, and the 
  2.29  legal implications of making an anatomical gift, including the 
  2.30  law governing revocation of anatomical gifts.  The commissioner 
  2.31  shall distribute a notice that must accompany all applications 
  2.32  for and renewals of a driver's license or Minnesota 
  2.33  identification card.  The notice must be prepared in conjunction 
  2.34  with a Minnesota organ procurement organization that is 
  2.35  certified by the federal Department of Health and Human Services 
  2.36  and must include: 
  3.1      (1) a statement that provides a fair and reasonable 
  3.2   description of the organ donation process, the care of the donor 
  3.3   body after death, and the importance of informing family members 
  3.4   of the donation decision; and 
  3.5      (2) a telephone number in a certified Minnesota organ 
  3.6   procurement organization that may be called with respect to 
  3.7   questions regarding anatomical gifts. 
  3.8      Sec. 2.  Minnesota Statutes 2000, section 525.9211, is 
  3.9   amended to read: 
  3.10     525.9211 [MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE 
  3.11  ANATOMICAL GIFTS BY INDIVIDUAL.] 
  3.12     Subdivision 1.  [TITLE.] This section may be cited as the 
  3.13  "Darlene Luther Anatomical Gift Act." 
  3.14     Subd. 2.  [REQUIREMENTS.] (a) An individual who is at least 
  3.15  18 years of age, or a minor with the written consent of a parent 
  3.16  or legal guardian, may (i) make an anatomical gift for any of 
  3.17  the purposes stated in section 525.9215, paragraph (a), (ii) 
  3.18  limit an anatomical gift to one or more of those purposes, or 
  3.19  (iii) refuse to make an anatomical gift. 
  3.20     (b) An anatomical gift may be made by a will or by a 
  3.21  document of gift signed by the donor.  If the donor cannot sign, 
  3.22  the document of gift must be signed by another individual and by 
  3.23  two witnesses, all of whom have signed at the direction and in 
  3.24  the presence of the donor and of each other, and state that it 
  3.25  has been so signed. 
  3.26     (c) If a document of gift is attached to or imprinted on a 
  3.27  donor's motor vehicle operator's or chauffeur's license, the 
  3.28  document of gift must comply with paragraph (b).  Revocation, 
  3.29  suspension, expiration, or cancellation of the license does not 
  3.30  invalidate the anatomical gift. 
  3.31     (d) A document of gift may designate a particular physician 
  3.32  or surgeon to carry out the appropriate procedures.  In the 
  3.33  absence of a designation or if the designee is not available, 
  3.34  the donee or other person authorized to accept the anatomical 
  3.35  gift may employ or authorize any physician, surgeon, technician, 
  3.36  or enucleator to carry out the appropriate procedures. 
  4.1      (e) An anatomical gift by will takes effect upon death of 
  4.2   the testator, whether or not the will is probated.  If, after 
  4.3   death, the will is declared invalid for testamentary purposes, 
  4.4   the validity of the anatomical gift is unaffected. 
  4.5      (f) A donor may amend or revoke an anatomical gift, not 
  4.6   made by will, only by: 
  4.7      (1) a signed statement; 
  4.8      (2) an oral statement made in the presence of two 
  4.9   individuals; 
  4.10     (3) any form of communication during a terminal illness or 
  4.11  injury addressed to a health care professional or member of the 
  4.12  clergy; or 
  4.13     (4) the delivery of a signed statement to a specified donee 
  4.14  to whom a document of gift had been delivered. 
  4.15     (g) The donor of an anatomical gift made by will may amend 
  4.16  or revoke the gift in the manner provided for amendment or 
  4.17  revocation of wills, or as provided in paragraph (f). 
  4.18     (h) An anatomical gift that is not revoked by the donor 
  4.19  before death is irrevocable and does not require the consent or 
  4.20  concurrence of any person after the donor's death.  An 
  4.21  anatomical gift designation made by a will, a designation on a 
  4.22  driver's license or Minnesota identification card made under 
  4.23  section 171.07, subdivision 5, or a health care directive under 
  4.24  chapter 145C, and not revoked, establishes the intent of the 
  4.25  person making the designation and may not be overridden by any 
  4.26  other person.  For a donor's revocation of an anatomical gift 
  4.27  made by a document of gift to be valid, the donor must use one 
  4.28  of the methods of revocation in paragraph (f). 
  4.29     (i) An individual may refuse to make an anatomical gift of 
  4.30  the individual's body or part by (i) a writing signed in the 
  4.31  same manner as a document of gift, or (ii) any other writing 
  4.32  used to identify the individual as refusing to make an 
  4.33  anatomical gift.  During a terminal illness or injury, the 
  4.34  refusal may be an oral statement or other form of communication. 
  4.35     (j) In the absence of contrary indications by the donor, an 
  4.36  anatomical gift of a part is neither a refusal to give other 
  5.1   parts nor a limitation on an anatomical gift under section 
  5.2   525.9212 or on a removal or release of other parts under section 
  5.3   525.9213. 
  5.4      (k) In the absence of contrary indications by the donor, a 
  5.5   revocation or amendment of an anatomical gift is not a refusal 
  5.6   to make another anatomical gift.  If the donor intends a 
  5.7   revocation to be a refusal to make an anatomical gift, the donor 
  5.8   shall make the refusal pursuant to paragraph (i). 
  5.9      Sec. 3.  [EFFECTIVE DATE.] 
  5.10     Section 1 is effective December 1, 2002, and applies to 
  5.11  application forms distributed on or after that date.  Section 2 
  5.12  is effective the day following final enactment and applies to 
  5.13  documents of gifts executed before, on, or after the effective 
  5.14  date.