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S1403................................................by JUDICIARY AND RULES
ANATOMICAL GIFTS - Amends existing law to allow persons sixteen years of
age or older but less than eighteen years of age to make anatomical gifts
with parental or adult guardian consent.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Davis
Title apvd - to House
02/28 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Hart, McGeachin
Floor Sponsor - Field(18)
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 265
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1403
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ANATOMICAL GIFTS AND MINORS; AMENDING SECTION 39-3403, IDAHO CODE,
3 TO ALLOW PERSONS SIXTEEN YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN
4 YEARS OF AGE TO MAKE ANATOMICAL GIFTS WITH PARENTAL OR ADULT GUARDIAN CON-
5 SENT AND TO PROVIDE PROCEDURES; AMENDING SECTION 39-3404, IDAHO CODE, TO
6 ALLOW A PARENT OR ADULT GUARDIAN OF A PERSON SIXTEEN YEARS OF AGE OR OLDER
7 BUT LESS THAN EIGHTEEN YEARS OF AGE TO MAKE AN UNREVOKED REFUSAL TO MAKE
8 THE ANATOMICAL GIFT; AMENDING SECTION 39-3413, IDAHO CODE, TO PROVIDE THAT
9 A DOCUMENT EXECUTED BY A PERSON SIXTEEN YEARS OF AGE OR OLDER BUT LESS
10 THAN EIGHTEEN YEARS OF AGE FOR PURPOSES OF MAKING AN ANATOMICAL GIFT
11 SHALL REMAIN IN EFFECT WHEN THE PERSON ATTAINS EIGHTEEN YEARS OF AGE
12 UNLESS THE PERSON MODIFIES IT; AMENDING SECTION 49-315, IDAHO CODE, TO
13 PROVIDE THAT PERSONS SIXTEEN YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN
14 YEARS OF AGE WHO DESIRE TO MAKE ANATOMICAL GIFTS MAY HAVE THIS FACT PLACED
15 ON THEIR DRIVER'S LICENSE; AND AMENDING SECTION 49-2444, IDAHO CODE, TO
16 PROVIDE THAT PERSONS SIXTEEN YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN
17 YEARS OF AGE WHO DESIRE TO MAKE ANATOMICAL GIFTS MAY HAVE THIS FACT PLACED
18 ON THEIR IDENTIFICATION CARD.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 39-3403, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-3403. MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE ANATOMICAL
23 GIFTS BY INDIVIDUAL. (1) An individual who is at least eighteen (18) years of
24 age may (i) make an anatomical gift for purposes of transplantation, therapy,
25 research or education, (ii) limit an anatomical gift to one (1) or more of
26 those purposes, or (iii) refuse to make an anatomical gift. An individual who
27 is sixteen (16) years of age or older and less than eighteen (18) years of age
28 may (i) make an anatomical gift for purposes of transplantation, therapy,
29 research or education, (ii) limit an anatomical gift to one (1) or more of
30 those purposes, or (iii) refuse to make an anatomical gift, if a parent or an
31 adult guardian consents in writing in the presence of the donor.
32 (2) An anatomical gift may be made only by a document of gift signed by
33 the donor or the donor's parent or adult guardian if the donor is sixteen (16)
34 years of age or older but less than eighteen (18) years of age. If the donor
35 cannot sign, the document of gift must be signed by another individual and by
36 two (2) witnesses, all of whom have signed at the direction and in the pres-
37 ence of the donor and of each other, and state that it has been so signed.
38 (3) An individual may attach to his application for a driver's license or
39 identification card a document of gift in compliance with section 39-3413,
40 Idaho Code. A notation on an individual's driver's license or identification
41 card that he intends to make an anatomical gift shall be sufficient to satisfy
42 all requirements for consent to organ or tissue donation; provided however,
43 that after the effective date of this act, a document of gift in compliance
2
1 with section 39-3413, Idaho Code, shall be required before such notation may
2 be imprinted on an individual's driver's license or identification card. Revo-
3 cation, suspension, expiration, or cancellation of the license does not inval-
4 idate the anatomical gift.
5 (4) A document of gift may designate a particular procurement entity to
6 carry out the appropriate procedures. In the absence of a designation or if
7 the designee is not available or is unable or unwilling to perform the proce-
8 dures, any procurement entity authorized under this chapter may carry out the
9 appropriate procedures.
10 (5) An anatomical gift by will takes effect upon death of the testator,
11 whether or not the will is probated. If, after death, the will is declared
12 invalid for testamentary purposes, the validity of the anatomical gift is
13 unaffected.
14 (6) A donor or the donor's parent or adult guardian if the donor is six-
15 teen (16) years of age or older and less than eighteen (18) year of age may
16 amend or revoke an anatomical gift, not made by will, only by:
17 (a) A signed statement;
18 (b) An oral statement made in the presence of two (2) individuals;
19 (c) Any form of communication during a terminal illness or injury
20 addressed to a physician or surgeon; or
21 (d) The delivery of a signed statement to a specified procurement entity
22 to whom a document of gift had been delivered.
23 (7) The donor of an anatomical gift made by will may amend or revoke the
24 gift in the manner provided for amendment or revocation of wills, or as pro-
25 vided in subsection (6) of this section.
26 (8) An anatomical gift that is not revoked by the donor before death is
27 irrevocable and does not require the consent or concurrence of any person
28 after the donor's death.
29 (9) An individual or the individual's parent or adult guardian if the
30 individual is sixteen (16) years of age or older and less than eighteen (18)
31 years of age may refuse to make an anatomical gift of the individual's body or
32 part by (i) a writing signed in the same manner as a document of gift, (ii)
33 attaching a statement on his driver's license or identification card, or (iii)
34 any other writing used to identify the individual as refusing to make an ana-
35 tomical gift. During a terminal illness or injury, the refusal may be an oral
36 statement or other form of communication.
37 (10) In the absence of contrary indications by the donor, an anatomical
38 gift or a part is neither a refusal to give other parts nor a limitation on an
39 anatomical gift under section 39-3404, Idaho Code, or on a removal or release
40 of other parts under section 39-3405, Idaho Code.
41 (11) In the absence of contrary indications by the donor, a revocation or
42 amendment of an anatomical gift is not refusal to make another anatomical
43 gift. If the donor intends a revocation to be refusal to make an anatomical
44 gift, the donor shall make the refusal pursuant to subsection (9) of this sec-
45 tion.
46 SECTION 2. That Section 39-3404, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-3404. MAKING, REVOKING, AND OBJECTING TO ANATOMICAL GIFTS, BY OTHERS.
49 (1) Any member of the following classes of persons, in the order of priority
50 listed, may make an anatomical gift of all or a part of the decedent's body
51 for an authorized purpose, unless the decedent, at the time of death, or the
52 decedent's parent or adult guardian if the decedent is sixteen (16) years of
53 age or older and less than eighteen (18) years of age, has made an unrevoked
3
1 refusal to make that anatomical gift:
2 (a) The holder of an unrevoked durable power of attorney for health care;
3 (b) The spouse of the decedent;
4 (c) An adult son or daughter of the decedent;
5 (d) Either parent of the decedent;
6 (e) An adult brother or sister of the decedent;
7 (f) A grandparent of the decedent; and
8 (g) A guardian of the person of the decedent at the time of death.
9 (2) An anatomical gift may not be made by a person listed in subsection
10 (1), of this section if:
11 (a) A person in a prior class is available at the time of death to make
12 an anatomical gift;
13 (b) The person proposing to make an anatomical gift knows of a refusal or
14 contrary indications by the decedent; or
15 (c) The person proposing to make an anatomical gift knows of an objection
16 to making an anatomical gift by a member of the person's class or a prior
17 class.
18 (3) An anatomical gift by a person authorized under subsection (1) of
19 this section, must be made by (i) a document of gift signed by the person or
20 (ii) the person's telegraphic, recorded telephonic, or other recorded message,
21 or other form of communication from the person that is contemporaneously
22 reduced to writing and signed by the recipient.
23 (4) An anatomical gift by a person authorized under subsection (1) of
24 this section, may be revoked by any member of the same or a prior class if,
25 before procedures have begun for the removal of a part from the body of the
26 decedent, the physician, surgeon, technician, or enucleator removing the part
27 knows of the revocation.
28 (5) A failure to make an anatomical gift under subsection (1) of this
29 section, is not an objection to the making of an anatomical gift.
30 SECTION 3. That Section 39-3413, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-3413. ANATOMICAL GIFTS BY LIVING DONORS. (1) A document containing the
33 following information is sufficient to comply with the provisions of this
34 chapter for the making of an anatomical gift by a living donor or the refusal
35 to make such a gift:
36 (a) A statement, signed and dated by the donor, that upon the donor's
37 death he or she gives:
38 (i) Any needed organs, tissues or parts or only specified organs,
39 tissues or parts; and
40 (ii) The purpose or purposes for which such organs, tissues or parts
41 may be used, including transplantation, therapy, research or educa-
42 tion; and
43 (iii) That tissues or parts may or may not be retrieved and/or used
44 by for-profit procurement entities; or
45 (b) A statement, signed and dated by the donor, that the donor refuses to
46 make any anatomical gift.
47 (2) Any document evidencing a living donor's intent to make an anatomical
48 gift, or the refusal to make such a gift, shall also contain the printed name
49 of the donor and the donor's date of birth and current address.
50 (3) A document described in subsections (1) and (2) shall be deemed to be
51 valid if the document was executed when the donor was at least sixteen (16)
52 years of age and less than eighteen (18) years of age and a parent or an adult
53 guardian consents in writing in the presence of the donor. Any document that
4
1 is signed by a person who is sixteen (16) years of age or older and less than
2 eighteen (18) years of age which (i) makes an anatomical gift for purposes of
3 transplantation, therapy, research or education, (ii) limits an anatomical
4 gift to one (1) or more of those purposes, or (iii) refuses to make an anatom-
5 ical gift if a parent or an adult guardian consents in writing in the presence
6 of the person shall remain in effect when the person attains eighteen (18)
7 years of age unless the same is modified by the person as provided in this
8 chapter.
9 SECTION 4. That Section 49-315, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-315. LICENSES ISSUED TO DRIVERS. (1) The department shall issue to
12 every qualifying applicant a distinguishing driver's license as applied for,
13 which shall bear a distinguishing number assigned to the licensee, the full
14 name, date of birth, Idaho residence address, sex, weight, height, eye color,
15 hair color, color photograph, name of this state, date of issuance, date of
16 expiration, license class, endorsements, restrictions, and the applicant's
17 signature. Driver's licenses for persons under eighteen (18) years of age
18 shall include a notation "under 18 until (month, day, year)," and driver's
19 licenses for persons eighteen (18) years of age to twenty-one (21) years of
20 age shall include a notation "under 21 until (month, day, year)." No driver's
21 license shall be valid until it has been signed on the signature line of the
22 license by the licensee.
23 (2) Every driver's license shall bear a color photograph of the licensee,
24 which shall be taken by the examiner at the time the application is made. The
25 photograph shall be taken without headgear or other clothing or device that
26 disguises or otherwise conceals the face or head of the applicant. A waiver
27 may be granted by the department allowing the applicant to wear headgear or
28 other head covering for medical, religious or safety purposes so long as the
29 face is not disguised or otherwise concealed. At the request of the applicant,
30 a driver's license may contain a statement or indication of the medical condi-
31 tion of the licensee.
32 (3) The department shall notify the commercial driver license information
33 system that a class A, B or C driver's license has been issued as required by
34 49 CFR part 383.
35 (4) A licensee applying for a hazardous material endorsement on a dri-
36 ver's license shall have a security background records check and shall receive
37 clearance from the federal transportation security administration before the
38 endorsement can be issued, renewed or transferred as required by 49 CFR part
39 383, subject to procedures established by the federal transportation security
40 administration.
41 (5) A licensee who desires to donate any or all organs or tissue in the
42 event of death, and who has completed a document of gift pursuant to the pro-
43 visions for donation of anatomical gifts as set forth in chapter 34, title 39,
44 Idaho Code, may, at the option of the donor, indicate this desire on the dri-
45 ver's license by the imprinting of the word "donor" on the license. The provi-
46 sions of this subsection shall apply to licensees sixteen (16) years of age or
47 older but less than eighteen (18) years of age if the requirements provided in
48 chapter 34, title 39, Idaho Code, have been complied with and the donor indi-
49 cates this desire be placed on the license.
50 (6) A licensee who is a person with a permanent disability may request
51 that the notation "permanently disabled" be imprinted on the driver's license,
52 provided the licensee presents written certification from a licensed physician
53 verifying that the licensee's stated impairment qualifies as a permanent dis-
5
1 ability according to the provisions of section 49-117, Idaho Code.
2 SECTION 5. That Section 49-2444, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-2444. IDENTIFICATION CARD ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The
5 department shall issue a distinguishing identification card which shall set
6 forth the information contained in the application, in a form as prescribed by
7 the department. All identification cards issued on or after January 1, 1993,
8 shall not contain the applicant's social security number. An applicant's
9 social security number shall be exempt from disclosure except for inquiries
10 from agencies or institutions authorized to obtain such information by federal
11 law or regulation, from peace officers or from jury commissioners. Each card
12 shall have printed on it the applicant's full name, date of birth, Idaho resi-
13 dence address, sex, weight, height, eye color, hair color, and shall be issued
14 a distinguishing number assigned to the applicant. Each card shall also have
15 printed on it the name of this state, the date of issuance, and the date of
16 expiration. An identification card shall not be valid until it has been signed
17 on the signature line by the applicant. Each card shall bear upon it a color
18 photograph of the applicant which shall be taken by the examiner at the time
19 of application. The photograph shall be taken without headgear or other cloth-
20 ing or device that disguises or otherwise conceals the face or head of the
21 applicant. A waiver may be granted by the department allowing the applicant to
22 wear headgear or other head covering for medical, religious or safety purposes
23 so long as the face is not disguised or otherwise concealed. At the request of
24 the applicant, an identification card may contain a statement or indication of
25 the medical condition of the applicant.
26 No person shall receive an identification card unless and until he surren-
27 ders to the department all identification cards in his possession issued to
28 him by Idaho or any other jurisdiction, or any driver's license issued by any
29 other jurisdiction within the United States, or until he executes an affidavit
30 that he does not possess an identification card or any driver's license.
31 Identification cards issued to persons under eighteen (18) years of age
32 shall include a notation "under 18 until (month, day, year)," and identifica-
33 tion cards issued to persons eighteen (18) years of age to twenty-one (21)
34 years of age shall include a notation "under 21 until (month, day, year)." The
35 nonrefundable fee for a four-year identification card issued to persons
36 twenty-one (21) years of age or older shall be seven dollars and fifty cents
37 ($7.50) of which five dollars ($5.00) shall be retained by the county and
38 credited to the current expense fund, and two dollars and fifty cents ($2.50)
39 shall be deposited in the state treasury to the credit of the highway distri-
40 bution account. The nonrefundable fee for identification cards issued to per-
41 sons under twenty-one (21) years of age shall be six dollars and fifty cents
42 ($6.50), of which five dollars ($5.00) shall be retained by the county and
43 credited to the current expense fund, and one dollar and fifty cents ($1.50)
44 shall be deposited in the state treasury to the credit of the highway distri-
45 bution account. The nonrefundable fee for an eight-year identification card
46 shall be fifteen dollars ($15.00) of which ten dollars ($10.00) shall be
47 retained by the county and credited to the current expense fund, and five dol-
48 lars ($5.00) shall be deposited in the state treasury to the credit of the
49 highway distribution account. At the option of the applicant, the identifica-
50 tion card issued to a person twenty-one (21) years of age or older shall
51 expire either on the cardholder's birthday in the fourth year or the eighth
52 year following issuance of the card. Every identification card issued to a
53 person under eighteen (18) years of age shall expire five (5) days after the
6
1 person's eighteenth birthday. Every identification card issued to a person
2 eighteen (18) years of age but under twenty-one (21) years of age shall
3 expire five (5) days after the person's twenty-first birthday.
4 Individuals required to register in compliance with section 3 of the fed-
5 eral military selective service act, 50 U.S.C. App. 451 et seq., as amended,
6 shall be provided an opportunity to fulfill such registration requirements in
7 conjunction with an application for an identification card. Any registration
8 information so supplied shall be transmitted by the department to the selec-
9 tive service system.
10 (2) Every identification card, except those issued to persons under
11 twenty-one (21) years of age, shall be renewable on or before its expiration,
12 but not more than twelve (12) months before, and upon application and payment
13 of the required fee.
14 (3) When an identification card has been expired for less than twelve
15 (12) months, the renewal of the identification card shall start from the orig-
16 inal date of expiration regardless of the year in which the application for
17 renewal is made. If the identification card is expired for more than twelve
18 (12) months, the application shall expire, at the option of the applicant, on
19 the applicant's birthday in the fourth year or the eighth year following reis-
20 suance of the identification card.
21 (4) A person possessing an identification card who desires to donate any
22 or all organs or tissue in the event of death, and who has completed a docu-
23 ment of gift pursuant to the provisions for donation of anatomical gifts as
24 set forth in chapter 34, title 39, Idaho Code, may, at the option of the
25 donor, indicate this desire on the identification card by the imprinting of
26 the word "donor" on the identification card. The provisions of this subsection
27 shall apply to persons possessing an identification card who are sixteen (16)
28 years of age or older but less than eighteen (18) years of age if the require-
29 ments provided in chapter 34, title 39, Idaho Code, have been complied with.
30 (5) A person possessing an identification card or an applicant for an
31 identification card who is a person with a permanent disability may request
32 that the notation "permanently disabled" be imprinted on the identification
33 card, provided the person presents written certification from a licensed phy-
34 sician verifying that the person's stated impairment qualifies as a permanent
35 disability according to the provisions of section 49-117, Idaho Code.
36 (6) In the case of a name change, the applicant shall provide legal docu-
37 mentation to verify the change in accordance with department rules.
38 (7) Whenever any person, after applying for or receiving an identifica-
39 tion card, shall move from the address shown on the application or on the
40 identification card issued, that person shall, within thirty (30) days, notify
41 the transportation department in writing of the old and new addresses.
42 (8) The department shall cancel any identification card upon determining
43 that the person was not entitled to the issuance of the identification card,
44 or that the person failed to give the required and correct information in his
45 application or committed fraud in making the application. Upon cancellation,
46 the person shall surrender the canceled identification card to the department.
47 (9) If any person shall fail to return to the department the identifica-
48 tion card as required, the department may direct any peace officer to secure
49 its possession and return the identification card to the department.
50 (10) The department may issue a no-fee identification card to an individ-
51 ual whose driver's license has been canceled and voluntarily surrendered as
52 provided in section 49-322(4), Idaho Code. The identification card may be
53 renewed at no cost to the applicant as long as the driver's license remains
54 canceled.
55 (11) It is an infraction for any person to fail to notify the department
7
1 of a change of address as required by the provisions of subsection (7) of this
2 section.
STATEMENT OF PURPOSE
RS 15912
This bill amends the Idaho Anatomical Gift Act. The bill allows minors
(sixteen years of age and older) with parental consent, to make
anatomical organ donations.
FISCAL NOTE
Any fiscal impact is impracticable to calculate.
Contact
Name: Bart M. Davis
Phone: (208) 332-1305
Name: Hilary Walker
Phone: (208) 589-5872
Name: National Kidney Foundation of Utah & Idaho
Phone: (801) 226-5111
STATEMENT OF PURPOSE/FISCAL NOTE S 1403