HF 38

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; directing department of 
  1.3             public safety to automatically include person's 
  1.4             designation as donor of anatomical gifts on subsequent 
  1.5             driver's licenses or identification cards; amending 
  1.6             Minnesota Statutes 1998, section 171.07, subdivision 5.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 171.07, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [ANATOMICAL GIFT; DONOR DOCUMENT.] The department 
  1.11  shall offer a donor document to each person making application 
  1.12  for a driver's license or a Minnesota identification card who 
  1.13  indicates a desire not to make a decision about making an 
  1.14  anatomical gift at the time the application is made.  The 
  1.15  commissioner of public safety shall prescribe the form of the 
  1.16  donor document and the application for a driver's license or a 
  1.17  Minnesota identification card.  The forms must be designed so 
  1.18  that execution by the applicant of the donor document or 
  1.19  application will make an anatomical gift under the Uniform 
  1.20  Anatomical Gift Act (1987), sections 525.921 to 525.9224.  If 
  1.21  the donor is 18 years of age or older, the donor document or 
  1.22  application must be signed by the donor.  If the donor cannot 
  1.23  sign, the donor document or application may be signed for the 
  1.24  donor at the donor's direction, in the donor's presence, and in 
  1.25  the presence of two witnesses who must sign the donor document 
  1.26  or application in the donor's presence.  If the donor is a 
  2.1   minor, the donor document or application must be signed by the 
  2.2   minor donor, and one of the minor donor's parents, a legal 
  2.3   guardian, or a parent having legal custody.  If the minor cannot 
  2.4   sign, the donor document or application may not be signed for 
  2.5   the minor.  The department shall identify donors of anatomical 
  2.6   gifts by the designation "donor" on the front side of the 
  2.7   donor's driver's license or Minnesota identification card.  The 
  2.8   department shall automatically include the designation "donor" 
  2.9   on all subsequent renewals of the donor's driver's license or 
  2.10  Minnesota identification card unless the donor requests that the 
  2.11  department remove the designation.  The issuance of a driver's 
  2.12  license or Minnesota identification card identifying the person 
  2.13  as a "donor" completes the donation process and the license or 
  2.14  identification card constitutes the final donor record.  The 
  2.15  department is not required to keep the physical record of the 
  2.16  donor card or application after issuing the driver's license or 
  2.17  identification card for the donation to be valid.  The 
  2.18  department shall maintain a computer record of donors.  
  2.19  Revocation, suspension, expiration, or cancellation of the 
  2.20  license does not invalidate the anatomical gift.  The 
  2.21  designation "donor" constitutes sufficient legal authority for 
  2.22  the removal of all body organs or parts upon death of the donor 
  2.23  for the purpose of transplantation.  The donor designation may 
  2.24  be removed only upon written notice to the department.  Delivery 
  2.25  of the license or Minnesota identification card during the 
  2.26  donor's lifetime is not necessary to make the gift valid.