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S.B. 92
This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 17, 2007 at 10:09 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Jan 19, 2007 at 12:12 PM by rday. --> 1
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7 LONG TITLE
8 General Description:
9 This bill repeals the Uniform Anatomical Gift Act and enacts the Revised Uniform
10 Anatomical Gift Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . establishes who can make an anatomical gift before the donor's death and the
15 manner of making a gift before death;
16 . establishes:
17 . procedures for amending or revoking an anatomical gift before death;
18 . procedures for refusal to make an anatomical gift and effect of refusal;
19 . the preclusive effect of an anatomical gift, amendment, or revocation;
20 . who may make a gift of a decedent's body or part;
21 . the manner or making, amending, or revoking an anatomical gift of a decedent's
22 body or part;
23 . persons that may receive an anatomical gift;
24 . which persons should make a reasonable search for documents of gift; and
25 . rights and duties of procurement organizations and others;
26 . coordinates procurement and use;
27 . prohibits the sale or purchase of parts, and other certain acts;
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29 . provides choice of laws as to execution of document and a presumption of validity;
30 . authorizes the Department of Public Safety to establish or contract with another to
31 establish a donor registry;
32 . establishes the effect of an anatomical gift on an advanced health care directive;
33 . requires certain cooperation between the medical examiner and a procurement
34 organization;
35 . establishes relationship of the act with electronic global and national electronic
36 signatures act; and
37 . makes technical and conforming amendments.
38 Monies Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 This bill takes effect on July 1, 2007.
42 Utah Code Sections Affected:
43 AMENDS:
44 26-2-17, as last amended by Chapter 56, Laws of Utah 2006
45 26-4-4, as last amended by Chapter 10, Laws of Utah 1997
46 53-1-106, as last amended by Chapters 2 and 169, Laws of Utah 2005
47 53-3-205, as last amended by Chapters 189, 201, 293 and 331, Laws of Utah 2006
48 53-3-207, as last amended by Chapter 20, Laws of Utah 2005
49 53-3-804, as last amended by Chapters 189 and 331, Laws of Utah 2006
50 53-3-805, as last amended by Chapters 131 and 331, Laws of Utah 2006
51 76-9-704, as last amended by Chapter 143, Laws of Utah 2005
52 ENACTS:
53 26-28-101, Utah Code Annotated 1953
54 26-28-102, Utah Code Annotated 1953
55 26-28-103, Utah Code Annotated 1953
56 26-28-104, Utah Code Annotated 1953
57 26-28-105, Utah Code Annotated 1953
58 26-28-106, Utah Code Annotated 1953
59
60 26-28-108, Utah Code Annotated 1953
61 26-28-109, Utah Code Annotated 1953
62 26-28-110, Utah Code Annotated 1953
63 26-28-111, Utah Code Annotated 1953
64 26-28-112, Utah Code Annotated 1953
65 26-28-113, Utah Code Annotated 1953
66 26-28-114, Utah Code Annotated 1953
67 26-28-115, Utah Code Annotated 1953
68 26-28-116, Utah Code Annotated 1953
69 26-28-117, Utah Code Annotated 1953
70 26-28-118, Utah Code Annotated 1953
71 26-28-119, Utah Code Annotated 1953
72 26-28-120, Utah Code Annotated 1953
73 26-28-121, Utah Code Annotated 1953
74 26-28-122, Utah Code Annotated 1953
75 26-28-123, Utah Code Annotated 1953
76 26-28-124, Utah Code Annotated 1953
77 26-28-125, Utah Code Annotated 1953
78 REPEALS:
79 26-28-1, as repealed and reenacted by Chapter 131, Laws of Utah 1990
80 26-28-2, as last amended by Chapter 149, Laws of Utah 2004
81 26-28-3, as last amended by Chapter 149, Laws of Utah 2004
82 26-28-4, as last amended by Chapter 343, Laws of Utah 1995
83 26-28-5, as last amended by Chapter 343, Laws of Utah 1995
84 26-28-6, as last amended by Chapter 149, Laws of Utah 2004
85 26-28-7, as last amended by Chapter 343, Laws of Utah 1995
86 26-28-8, as last amended by Chapter 343, Laws of Utah 1995
87 26-28-9, as last amended by Chapter 343, Laws of Utah 1995
88 26-28-10, as last amended by Chapter 343, Laws of Utah 1995
89 26-28-11, as last amended by Chapter 343, Laws of Utah 1995
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92 Be it enacted by the Legislature of the state of Utah:
93 Section 1. Section 26-2-17 is amended to read:
94 26-2-17. Certificate of death -- Registration prerequisite to interment --
95 Burial-transit permits -- Procedure where body donated under anatomical gift law --
96 Permit for disinterment.
97 (1) A dead body or dead fetus may not be interred or otherwise disposed of or removed
98 from the registration district in which death or fetal death occurred or the remains are found
99 until a certificate of death is registered.
100 (2) For deaths or fetal deaths which occur in this state, no burial-transit permit is
101 required for final disposition of the remains if:
102 (a) disposition occurs in the state and is performed by a funeral service director; or
103 (b) the disposition takes place with authorization of the next of kin and in a general
104 acute hospital, as defined in Section 26-21-2 , that is licensed by the department, or in a
105 pathology laboratory operated under contract with a general acute hospital licensed by the
106 department.
107 (3) A burial-transit permit shall be issued by the local registrar of the district where the
108 certificate of death or fetal death is registered:
109 (a) for dead bodies or fetuses to be transported out of the state for final disposition; or
110 (b) when disposition is made by a person other than a funeral service director.
111 (4) A burial-transit permit issued under the law of another state which accompanies a
112 dead body or dead fetus brought into this state is authority for final disposition of the dead
113 body or dead fetus in this state.
114 (5) When a dead body or dead fetus or any part of the dead body or dead fetus has been
115 donated under the [
116 state and the preservation of the gift requires the immediate transportation of the dead body,
117 dead fetus, or any part of the body or fetus outside of the registration district in which death
118 occurs or the remains are found, or into this state from another state, the dead body or dead
119 fetus or any part of the body or fetus may be transported and the burial-transit permit required
120 by this section obtained within a reasonable time after transportation.
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122 dead body or dead fetus, except as otherwise provided by statute or department rule.
123 Section 2. Section 26-4-4 is amended to read:
124 26-4-4. Chief medical examiner -- Appointment -- Qualifications -- Authority.
125 (1) The executive director, with the advice of an advisory board consisting of the
126 chairman of the Department of Pathology at the University of Utah medical school and the
127 dean of the law school at the University of Utah, shall appoint a chief medical examiner who
128 shall be licensed to practice medicine in the state and shall meet the qualifications of a forensic
129 pathologist, certified by the American Board of Pathologists.
130 (2) (a) The medical examiner shall serve at the will of the executive director. [
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132 (b) The medical examiner has authority to:
133 (i) employ [
134 effectively administer this chapter, subject to the rules of the department and the state merit
135 system[
136 (ii) conduct investigations[
137 (iii) perform autopsies authorized in this title[
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139 (iv) conduct or authorize necessary examinations on dead bodies; and
140 (v) notwithstanding the provisions of Subsection 26-28-122 (3), retain tissues and
141 biological samples for scientific purposes and those [
142 necessary to accurately certify the cause and manner of death.
143 (c) In the case of an unidentified body, the medical examiner shall authorize or conduct
144 investigations, tests and processes in order to determine its identity as well as the cause of
145 death.
146 (3) The medical examiner may appoint regional pathologists, each of whom shall be
147 approved by the executive director.
148 Section 3. Section 26-28-101 is enacted to read:
149
150 26-28-101. Title.
151 This chapter is known as the "Revised Uniform Anatomical Gift Act."
152
153 26-28-102. Definitions.
154 As used in this chapter:
155 (1) "Adult" means an individual who is at least 18 years of age.
156 (2) "Agent' means an individual:
157 (a) authorized to make health care decisions on the principal's behalf by a power of
158 attorney for health care; or
159 (b) expressly authorized to make an anatomical gift on the principal's behalf by any
160 other record signed by the principal.
161 (3) "Anatomical gift" means a donation of all or part of a human body to take effect
162 after the donor's death for the purpose of transplantation, therapy, research, or education.
163 (4) "Decedent" means:
164 (a) a deceased individual whose body or part is or may be the source of an anatomical
165 gift; and
166 (b) includes:
167 (i) a stillborn infant; and
168 (ii) subject to restrictions imposed by law other than this chapter, a fetus.
169 (5) (a) "Disinterested witness" means:
170 (i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or
171 guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift;
172 or
173 (ii) another adult who exhibited special care and concern for the individual.
174 (b) "Disinterested witness" does not include a person to which an anatomical gift could
175 pass under Section 26-28-111 .
176 (6) "Document of gift" means a donor card or other record used to make an anatomical
177 gift. The term includes a statement or symbol on a driver license, identification card, or donor
178 registry.
179 (7) "Donor" means an individual whose body or part is the subject of an anatomical
180 gift.
181 (8) "Donor registry" means a database that contains records of anatomical gifts and
182 amendments to or revocations of anatomical gifts.
Senate Committee Amendments 1-17-2007 rd/cjd
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(9) "Driver license" means a license or permit issued by the S. [
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183a License .S Division of
184 the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to
185 the license or permit.
186 (10) "Eye bank" means a person that is licensed, accredited, or regulated under federal
187 or state law to engage in the recovery, screening, testing, processing, storage, or distribution of
188 human eyes or portions of human eyes.
189 (11) "Guardian":
190 (a) means a person appointed by a court to make decisions regarding the support, care,
191 education, health, or welfare of an individual; and
192 (b) does not include a guardian ad litem.
193 (12) "Hospital" means a facility licensed as a hospital under the law of any state or a
194 facility operated as a hospital by the United States, a state, or a subdivision of a state.
195 (13) "Identification card" means an identification card issued by the S. [
195a Driver License .S
196 Division of the Department of Public Safety.
197 (14) "Know" means to have actual knowledge.
198 (15) "Minor" means an individual who is under 18 years of age.
199 (16) "Organ procurement organization" means a person designated by the Secretary of
200 the United States Department of Health and Human Services as an organ procurement
201 organization.
202 (17) "Parent" means a parent whose parental rights have not been terminated.
203 (18) "Part" means an organ, an eye, or tissue of a human being. The term does not
204 include the whole body.
205 (19) "Person" means an individual, corporation, business trust, estate, trust,
206 partnership, limited liability company, association, joint venture, public corporation,
207 government or governmental subdivision, agency, or instrumentality, or any other legal or
208 commercial entity.
209 (20) "Physician" means an individual authorized to practice medicine or osteopathy
210 under the law of any state.
211 (21) "Procurement organization" means an eye bank, organ procurement organization,
212 or tissue bank.
213 (22) "Prospective donor":
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215 procurement organization to have a part that could be medically suitable for transplantation,
216 therapy, research, or education; and
217 (b) does not include an individual who has made a refusal.
218 (23) "Reasonably available" means able to be contacted by a procurement organization
219 without undue effort and willing and able to act in a timely manner consistent with existing
220 medical criteria necessary for the making of an anatomical gift.
221 (24) "Recipient" means an individual into whose body a decedent's part has been or is
222 intended to be transplanted.
223 (25) "Record" means information that is inscribed on a tangible medium or that is
224 stored in an electronic or other medium and is retrievable in perceivable form.
225 (26) "Refusal" means a record created under Section 26-28-107 that expressly states an
226 intent to bar other persons from making an anatomical gift of an individual's body or part.
227 (27) "Sign" means, with the present intent to authenticate or adopt a record:
228 (a) to execute or adopt a tangible symbol; or
229 (b) to attach to or logically associate with the record an electronic symbol, sound, or
230 process.
231 (28) "State" means a state of the United States, the District of Columbia, Puerto Rico,
232 the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
233 of the United States.
234 (29) "Technician":
235 (a) means an individual determined to be qualified to remove or process parts by an
236 appropriate organization that is licensed, accredited, or regulated under federal or state law; and
237 (b) includes an enucleator.
238 (30) "Tissue" means a portion of the human body other than an organ or an eye. The
239 term does not include blood unless the blood is donated for the purpose of research or
240 education.
241 (31) "Tissue bank" means a person that is licensed, accredited, or regulated under
242 federal or state law to engage in the recovery, screening, testing, processing, storage, or
243 distribution of tissue.
244 (32) "Transplant hospital" means a hospital that furnishes organ transplants and other
Senate 2nd Reading Amendments 1-19-2007 rd/cjd
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medical and surgical specialty services required for the care of transplant patients.245
246 Section 5. Section 26-28-103 is enacted to read:
247 26-28-103. Applicability.
248 This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to
249 make an anatomical gift, whenever made.
250 Section 6. Section 26-28-104 is enacted to read:
251 26-28-104. Who may make anatomical gift before donor's death.
252 Subject to Section 26-28-108 , an anatomical gift of a donor's body or part may be made
253 during the life of the donor for the purpose of transplantation, therapy, research, or education in
254 the manner provided in Section 26-28-105 by:
255 (1) the donor, if the donor is an adult or if the donor is a minor and is:
256 (a) emancipated; or
257 (b) authorized under state law to apply for a driver license because the donor is at least
258 S. [
259 (2) an agent of the donor, unless the power of attorney for health care or other record
260 prohibits the agent from making an anatomical gift;
261 (3) a parent of the donor, if the donor is an unemancipated minor; or
262 (4) the donor's guardian.
263 Section 7. Section 26-28-105 is enacted to read:
264 26-28-105. Manner of making anatomical gift before donor's death.
265 (1) A donor may make an anatomical gift:
266 (a) by authorizing a statement or symbol indicating that the donor has made an
267 anatomical gift to be imprinted on the donor's driver license or identification card;
268 (b) in a will;
269 (c) during a terminal illness or injury of the donor, by any form of communication
270 addressed to at least two adults, at least one of whom is a disinterested witness; or
271 (d) as provided in Subsection (2).
272 (2) A donor or other person authorized to make an anatomical gift under Section
273 26-28-104 may make a gift by a donor card or other record signed by the donor or other person
274 making the gift or by authorizing that a statement or symbol indicating that the donor has made
275 an anatomical gift be included on a donor registry. If the donor or other person is physically
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277 donor or other person and must:
278 (a) be witnessed by at least two adults, at least one of whom is a disinterested witness,
279 who have signed at the request of the donor or the other person; and
280 (b) state that it has been signed and witnessed as provided in Subsection (2)(a).
281 (3) Revocation, suspension, expiration, or cancellation of a driver license or
282 identification card upon which an anatomical gift is indicated does not invalidate the gift.
283 (4) An anatomical gift made by will takes effect upon the donor's death whether or not
284 the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
285 Section 8. Section 26-28-106 is enacted to read:
286 26-28-106. Amending or revoking anatomical gift before donor's death.
287 (1) Subject to Section 26-28-108 , a donor or other person authorized to make an
288 anatomical gift under Section 26-28-104 may amend or revoke an anatomical gift by:
289 (a) a record signed by:
290 (i) the donor;
291 (ii) the other person; or
292 (iii) subject to Subsection (2), another individual acting at the direction of the donor or
293 the other person if the donor or other person is physically unable to sign; or
294 (b) a later-executed document of gift that amends or revokes a previous anatomical gift
295 or portion of an anatomical gift, either expressly or by inconsistency.
296 (2) A record signed pursuant to Subsection (1)(a)(iii) must:
297 (a) be witnessed by at least two adults, at least one of whom is a disinterested witness,
298 who have signed at the request of the donor or the other person; and
299 (b) state that it has been signed and witnessed as provided in Subsection (1)(a).
300 (3) Subject to Section 26-28-108 , a donor or other person authorized to make an
301 anatomical gift under Section 26-28-104 may revoke an anatomical gift by the destruction or
302 cancellation of the document of gift, or the portion of the document of gift used to make the
303 gift, with the intent to revoke the gift.
304 (4) A donor may amend or revoke an anatomical gift that was not made in a will by any
305 form of communication during a terminal illness or injury addressed to at least two adults, at
306 least one of whom is a disinterested witness.
307
308 manner provided for amendment or revocation of wills or as provided in Subsection (1).
309 Section 9. Section 26-28-107 is enacted to read:
310 26-28-107. Refusal to make anatomical gift -- Effect of refusal.
311 (1) An individual may refuse to make an anatomical gift of the individual's body or part
312 by:
313 (a) a record signed by:
314 (i) the individual; or
315 (ii) subject to Subsection (2), another individual acting at the direction of the individual
316 if the individual is physically unable to sign;
317 (b) the individual's will, whether or not the will is admitted to probate or invalidated
318 after the individual's death; or
319 (c) any form of communication made by the individual during the individual's terminal
320 illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
321 (2) A record signed pursuant to Subsection (1)(a)(ii) must:
322 (a) be witnessed by at least two adults, at least one of whom is a disinterested witness,
323 who have signed at the request of the individual; and
324 (b) state that it has been signed and witnessed as provided in Subsection (1)(a).
325 (3) An individual who has made a refusal may amend or revoke the refusal:
326 (a) in the manner provided in Subsection (1) for making a refusal;
327 (b) by subsequently making an anatomical gift pursuant to Section 26-28-105 that is
328 inconsistent with the refusal; or
329 (c) by destroying or canceling the record evidencing the refusal, or the portion of the
330 record used to make the refusal, with the intent to revoke the refusal.
331 (4) Except as otherwise provided in Subsection 26-28-108 (8), in the absence of an
332 express, contrary indication by the individual set forth in the refusal, an individual's unrevoked
333 refusal to make an anatomical gift of the individual's body or part bars all other persons from
334 making an anatomical gift of the individual's body or part.
335 Section 10. Section 26-28-108 is enacted to read:
336 26-28-108. Preclusive effect of anatomical gift, amendment, or revocation.
337 (1) Except as otherwise provided in Subsection (7) and subject to Subsection (6), in the
338
339 from making, amending, or revoking an anatomical gift of a donor's body or part if the donor
340 made an anatomical gift of the donor's body or part under Section 26-28-105 or an amendment
341 to an anatomical gift of the donor's body or part under Section 26-28-106 .
342 (2) A donor's revocation of an anatomical gift of the donor's body or part under Section
343 26-28-106 is not a refusal and does not bar another person specified in Section 26-28-104 or
344 26-28-109 from making an anatomical gift of the donor's body or part under Section 26-28-105
345 or 26-28-110 .
346 (3) If a person other than the donor makes an unrevoked anatomical gift of the donor's
347 body or part under Section 26-28-105 or an amendment to an anatomical gift of the donor's
348 body or part under Section 26-28-106 , another person may not make, amend, or revoke the gift
349 of the donor's body or part under Section 26-28-110 .
350 (4) A revocation of an anatomical gift of a donor's body or part under Section
351 26-28-106 by a person other than the donor does not bar another person from making an
352 anatomical gift of the body or part under Section 26-28-105 or 26-28-110 .
353 (5) In the absence of an express, contrary indication by the donor or other person
354 authorized to make an anatomical gift under Section 26-28-104 , an anatomical gift of a part is
355 neither a refusal to give another part nor a limitation on the making of an anatomical gift of
356 another part at a later time by the donor or another person.
357 (6) In the absence of an express, contrary indication by the donor or other person
358 authorized to make an anatomical gift under Section 26-28-104 , an anatomical gift of a part for
359 one or more of the purposes set forth in Section 26-28-104 is not a limitation on the making of
360 an anatomical gift of the part for any of the other purposes by the donor or any other person
361 under Section 26-28-105 or 26-28-110 .
362 (7) If a donor who is an unemancipated minor dies, a parent of the donor who is
363 reasonably available may revoke or amend an anatomical gift of the donor's body or part.
364 (8) If an unemancipated minor who signed a refusal dies, a parent of the minor who is
365 reasonably available may revoke the minor's refusal.
366 Section 11. Section 26-28-109 is enacted to read:
367 26-28-109. Who may make anatomical gift of decedent's body or part.
368 (1) Subject to Subsections (2) and (3) and unless barred by Section 26-28-107 or
369
370 therapy, research, or education may be made by any member of the following classes of
371 persons who is reasonably available, in the order of priority listed:
372 (a) an agent of the decedent at the time of death who could have made an anatomical
373 gift under Subsection 26-28-104 (2) immediately before the decedent's death;
374 (b) the spouse of the decedent;
375 (c) adult children of the decedent;
376 (d) parents of the decedent;
377 (e) adult siblings of the decedent;
378 (f) adult grandchildren of the decedent;
379 (g) grandparents of the decedent;
380 (h) the persons who were acting as the guardians of the person of the decedent at the
381 time of death; and
382 (i) any other person having the authority to dispose of the decedent's body.
383 (2) If there is more than one member of a class listed in Subsection (1)(a), (c), (d), (e),
384 (f), (g), or (i) entitled to make an anatomical gift, an anatomical gift may be made by a member
385 of the class unless that member or a person to which the gift may pass under Section 26-28-111
386 knows of an objection by another member of the class. If an objection is known, the gift may
387 be made only by a majority of the members of the class who are reasonably available.
388 (3) A person may not make an anatomical gift if, at the time of the decedent's death, a
389 person in a prior class under Subsection (1) is reasonably available to make or to object to the
390 making of an anatomical gift.
391 Section 12. Section 26-28-110 is enacted to read:
392 26-28-110. Manner of making, amending, or revoking anatomical gift of
393 decedent's body or part.
394 (1) A person authorized to make an anatomical gift under Section 26-28-109 may make
395 an anatomical gift by a document of gift signed by the person making the gift or by that
396 person's oral communication that is electronically recorded or is contemporaneously reduced to
397 a record and signed by the individual receiving the oral communication.
398 (2) Subject to Subsection (3), an anatomical gift by a person authorized under Section
399 26-28-109 may be amended or revoked orally or in a record by any member of a prior class
400
401 available, the gift made by a person authorized under Section 26-28-109 may be:
402 (a) amended only if a majority of the reasonably available members agree to the
403 amending of the gift; or
404 (b) revoked only if a majority of the reasonably available members agree to the
405 revoking of the gift or if they are equally divided as to whether to revoke the gift.
406 (3) A revocation under Subsection (2) is effective only if, before an incision has been
407 made to remove a part from the donor's body or before invasive procedures have begun to
408 prepare the recipient, the procurement organization, transplant hospital, or physician or
409 technician knows of the revocation.
410 Section 13. Section 26-28-111 is enacted to read:
411 26-28-111. Persons that may receive anatomical gift -- Purpose of anatomical gift.
412 (1) An anatomical gift may be made to the following persons named in the document
413 of gift:
414 (a) a hospital, accredited medical school, dental school, college, university, organ
415 procurement organization, or other appropriate person, for research or education;
416 (b) subject to Subsection (2), an individual designated by the person making the
417 anatomical gift if the individual is the recipient of the part; or
418 (c) an eye bank or tissue bank.
419 (2) If an anatomical gift to an individual under Subsection (1)(b) cannot be
420 transplanted into the individual, the part passes in accordance with Subsection (7) in the
421 absence of an express, contrary indication by the person making the anatomical gift.
422 (3) If an anatomical gift of one or more specific parts or of all parts is made in a
423 document of gift that does not name a person described in Subsection (1) but identifies the
424 purpose for which an anatomical gift may be used, the following rules apply:
425 (a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the
426 gift passes to the appropriate eye bank.
427 (b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the
428 gift passes to the appropriate tissue bank.
429 (c) If the part is an organ and the gift is for the purpose of transplantation or therapy,
430 the gift passes to the appropriate organ procurement organization as custodian of the organ.
431
432 education, the gift passes to the appropriate procurement organization.
433 (4) For the purpose of Subsection (3), if there is more than one purpose of an
434 anatomical gift set forth in the document of gift but the purposes are not set forth in any
435 priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be
436 used for transplantation or therapy, the gift may be used for research or education.
437 (5) If an anatomical gift of one or more specific parts is made in a document of gift that
438 does not name a person described in Subsection (1) and does not identify the purpose of the
439 gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance
440 with Subsection (7).
441 (6) If a document of gift specifies only a general intent to make an anatomical gift by
442 words such as "donor," "organ donor," or "body donor," or by a symbol or statement of similar
443 import, the gift may be used only for transplantation or therapy, and the gift passes in
444 accordance with Subsection (7).
445 (7) For purposes of Subsections (2), (5), and (7) the following rules apply:
446 (a) If the part is an eye, the gift passes to the appropriate eye bank.
447 (b) If the part is tissue, the gift passes to the appropriate tissue bank.
448 (c) If the part is an organ, the gift passes to the appropriate organ procurement
449 organization as custodian of the organ.
450 (8) An anatomical gift of an organ for transplantation or therapy, other than an
451 anatomical gift under Subsection (1)(b), passes to the organ procurement organization as
452 custodian of the organ.
453 (9) If an anatomical gift does not pass pursuant to Subsections (2) through (8) or the
454 decedent's body or part is not used for transplantation, therapy, research, or education, custody
455 of the body or part passes to the person under obligation to dispose of the body or part.
456 (10) A person may not accept an anatomical gift if the person knows that the gift was
457 not effectively made under Section 26-28-105 or 26-28-110 or if the person knows that the
458 decedent made a refusal under Section 26-28-107 that was not revoked. For purposes of this
459 Subsection (10), if a person knows that an anatomical gift was made on a document of gift, the
460 person is considered to know of any amendment or revocation of the gift or any refusal to make
461 an anatomical gift on the same document of gift.
462
463 the allocation of organs for transplantation or therapy.
464 Section 14. Section 26-28-112 is enacted to read:
465 26-28-112. Search and notification.
466 (1) The following persons shall make a reasonable search of an individual who the
467 person reasonably believes is dead or near death for a document of gift or other information
468 identifying the individual as a donor or as an individual who made a refusal:
469 (a) a law enforcement officer, firefighter, paramedic, or other emergency rescuer
470 finding the individual;
471 (b) if no other source of the information is immediately available, a hospital, as soon as
472 practical after the individual's arrival at the hospital; and
473 (c) a law enforcement officer, firefighter, emergency medical services provider, or
474 other emergency rescuer who finds an individual who is deceased at the scene of a motor
475 vehicle accident, when the deceased individual is transported from the scene of the accident to
476 a funeral establishment licensed under Title 58, Chapter 9, Funeral Services Licensing Act:
477 (i) the law enforcement officer, firefighter, emergency medical services provider, or
478 other emergency rescuer shall as soon as reasonably possible, notify the appropriate organ
479 procurement organization, tissue bank, or eye bank of:
480 (A) the identity of the deceased individual, if known;
481 (B) information, if known, pertaining to the deceased individual's legal next-of-kin in
482 accordance with Section 26-28-109 ; and
483 (C) the name and location of the funeral establishment which received custody of and
484 transported the deceased individual; and
485 (ii) the funeral establishment receiving custody of the deceased individual under this
486 Subsection (1)(c) may not embalm the body of the deceased individual until:
487 (A) the funeral establishment receives notice from the organ procurement organization,
488 tissue bank, or eye bank that the readily available persons listed as having priority in Section
489 26-28-109 have been informed by the organ procurement organization of the option to make or
490 refuse to make an anatomical gift in accordance with Section 26-28-4 , with reasonable
491 discretion and sensitivity appropriate to the circumstances of the family;
492 (B) in accordance with federal law, prior approval for embalming has been obtained
493
494 (C) the period of time in which embalming is prohibited under Subsection (1)(c)(ii)
495 may not exceed 24 hours after death.
496 (2) If a document of gift or a refusal to make an anatomical gift is located by the search
497 required by Subsection (1)(a) and the individual or deceased individual to whom it relates is
498 taken to a hospital, the person responsible for conducting the search shall send the document of
499 gift or refusal to the hospital.
500 (3) A person is not subject to criminal or civil liability for failing to discharge the
501 duties imposed by this section but may be subject to administrative sanctions.
502 Section 15. Section 26-28-113 is enacted to read:
503 26-28-113. Delivery of document of gift not required -- Right to examine.
504 (1) A document of gift need not be delivered during the donor's lifetime to be effective.
505 (2) Upon or after an individual's death, a person in possession of a document of gift or
506 a refusal to make an anatomical gift with respect to the individual shall allow examination and
507 copying of the document of gift or refusal by a person authorized to make or object to the
508 making of an anatomical gift with respect to the individual or by a person to which the gift
509 could pass under Section 26-28-111 .
510 Section 16. Section 26-28-114 is enacted to read:
511 26-28-114. Rights and duties of procurement organization and others.
512 (1) When a hospital refers an individual at or near death to a procurement organization,
513 the organization shall make a reasonable search of the records of the Department of Public
514 Safety and any donor registry that it knows exists for the geographical area in which the
515 individual resides to ascertain whether the individual has made an anatomical gift.
516 (2) A procurement organization must be allowed reasonable access to information in
517 the records of the Department of Public Safety the to ascertain whether an individual at or near
518 death is a donor.
519 (3) When a hospital refers an individual at or near death to a procurement organization,
520 the organization may conduct any reasonable examination necessary to ensure the medical
521 suitability of a part that is or could be the subject of an anatomical gift for transplantation,
522 therapy, research, or education from a donor or a prospective donor. During the examination
523 period, measures necessary to ensure the medical suitability of the part may not be withdrawn
524
525 intent.
526 (4) Unless prohibited by law other than this chapter, at any time after a donor's death,
527 the person to which a part passes under Section 26-28-111 may conduct any reasonable
528 examination necessary to ensure the medical suitability of the body or part for its intended
529 purpose.
530 (5) Unless prohibited by law other than this chapter, an examination under Subsection
531 (3) or (4) may include an examination of all medical and dental records of the donor or
532 prospective donor.
533 (6) Upon the death of a minor who was a donor or had signed a refusal, unless a
534 procurement organization knows the minor is emancipated, the procurement organization shall
535 conduct a reasonable search for the parents of the minor and provide the parents with an
536 opportunity to revoke or amend the anatomical gift or revoke the refusal.
537 (7) Upon referral by a hospital under Subsection (1), a procurement organization shall
538 make a reasonable search for any person listed in Section 26-28-109 having priority to make an
539 anatomical gift on behalf of a prospective donor. If a procurement organization receives
540 information that an anatomical gift to any other person was made, amended, or revoked, it shall
541 promptly advise the other person of all relevant information.
542 (8) Subject to Subsection 26-28-111 (9) and Section 26-28-123 , the rights of the person
543 to which a part passes under Section 26-28-111 are superior to the rights of all others with
544 respect to the part. The person may accept or reject an anatomical gift in whole or in part.
545 Subject to the terms of the document of gift and this chapter, a person that accepts an
546 anatomical gift of an entire body may allow embalming, burial or cremation, and use of
547 remains in a funeral service. If the gift is of a part, the person to which the part passes under
548 Section 26-28-111 , upon the death of the donor and before embalming, burial, or cremation,
549 shall cause the part to be removed without unnecessary mutilation.
550 (9) Neither the physician who attends the decedent at death nor the physician who
551 determines the time of the decedent's death may participate in the procedures for removing or
552 transplanting a part from the decedent.
553 (10) A physician or technician may remove a donated part from the body of a donor
554 that the physician or technician is qualified to remove.
555
556 26-28-115. Coordination of procurement and use.
557 Each hospital in this state shall enter into agreements or affiliations with procurement
558 organizations for coordination of procurement and use of anatomical gifts.
559 Section 18. Section 26-28-116 is enacted to read:
560 26-28-116. Sale or purchase of parts prohibited.
561 (1) Except as otherwise provided in Subsection (2), a person that for valuable
562 consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a
563 part from an individual is intended to occur after the individual's death commits a third degree
564 felony.
565 (2) A person may charge a reasonable amount for the removal, processing,
566 preservation, quality control, storage, transportation, implantation, or disposal of a part.
567 Section 19. Section 26-28-117 is enacted to read:
568 26-28-117. Other prohibited acts.
569 A person that, in order to obtain a financial gain, intentionally falsifies, forges,
570 conceals, defaces, or obliterates a document of gift, an amendment, or revocation of a
571 document of gift, or a refusal commits a third degree felony.
572 Section 20. Section 26-28-118 is enacted to read:
573 26-28-118. Immunity.
574 (1) A person that acts in accordance with this chapter or with the applicable anatomical
575 gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil
576 action, criminal prosecution, or administrative proceeding.
577 (2) Neither the person making an anatomical gift nor the donor's estate is liable for any
578 injury or damage that results from the making or use of the gift.
579 (3) In determining whether an anatomical gift has been made, amended, or revoked
580 under this chapter, a person may rely upon representations of an individual listed in Subsection
581 26-28-109 (1)(b), (c), (d), (e), (f), (g), or (i) relating to the individual's relationship to the donor
582 or prospective donor unless the person knows that the representation is untrue.
583 Section 21. Section 26-28-119 is enacted to read:
584 26-28-119. Law governing validity -- Choice of law as to execution of document of
585 gift -- Presumption of validity.
Senate Committee Amendments 1-17-2007 rd/cjd
586
(1) A document of gift is valid if executed in accordance with:586
587 (a) this chapter;
588 (b) the laws of the state or country where it was executed; or
589 (c) the laws of the state or country where the person making the anatomical gift was
590 domiciled, has a place of residence, or was a national at the time the document of gift was
591 executed.
592 (2) If a document of gift is valid under this section, the law of this state governs the
593 interpretation of the document of gift.
594 (3) A person may presume that a document of gift or amendment of an anatomical gift
595 is valid unless that person knows that it was not validly executed or was revoked.
596 Section 22. Section 26-28-120 is enacted to read:
597 26-28-120. Donor registry.
598 (1) The Department of Public Safety may establish or contract for the establishment of
599 a donor registry.
600 (2) The S. [
600a Safety shall cooperate
601 with a person that administers any donor registry that this state establishes, contracts for, or
602 recognizes for the purpose of transferring to the donor registry all relevant information
603 regarding a donor's making, amendment to, or revocation of an anatomical gift.
604 (3) A donor registry must:
605 (a) allow a donor or other person authorized under Section 26-28-104 to include on the
606 donor registry a statement or symbol that the donor has made, amended, or revoked an
607 anatomical gift;
608 (b) be accessible to a procurement organization to allow it to obtain relevant
609 information on the donor registry to determine, at or near death of the donor or a prospective
610 donor, whether the donor or prospective donor has made, amended, or revoked an anatomical
611 gift; and
612 (c) be accessible for purposes of Subsections (3)(a) and (b) seven days a week on a
613 24-hour basis.
614 (4) Personally identifiable information on a donor registry about a donor or prospective
615 donor may not be used or disclosed without the express consent of the donor, prospective
616 donor, or person that made the anatomical gift for any purpose other than to determine, at or
617
618 made, amended, or revoked an anatomical gift.
619 (5) This section does not prohibit any person from creating or maintaining a donor
620 registry that is not established by or under contract with the state. Any such registry must
621 comply with Subsections (3) and (4).
622 Section 23. Section 26-28-121 is enacted to read:
623 26-28-121. Effect of anatomical gift on advance health care directive.
624 (1) As used in this section:
625 (a) "Advance health care directive" means a power of attorney for health care or a
626 record signed by a prospective donor containing the prospective donor's direction concerning a
627 health care decision for the prospective donor.
628 (b) "Declaration" means a record signed by a prospective donor specifying the
629 circumstances under which a life support system may be withheld or withdrawn from the
630 prospective donor.
631 (c) "Health care decision" means any decision made regarding the health care of the
632 prospective donor.
633 (2) If a prospective donor has a declaration or advance health care directive, measures
634 necessary to ensure the medical suitability of an organ for transplantation or therapy may not be
635 withheld or withdrawn from the prospective donor, unless the declaration expressly provides to
636 the contrary.
637 Section 24. Section 26-28-122 is enacted to read:
638 26-28-122. Cooperation between medical examiner and procurement
639 organization.
640 (1) A medical examiner shall cooperate with procurement organizations to maximize
641 the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research,
642 or education.
643 (2) If a medical examiner receives notice from a procurement organization that an
644 anatomical gift might be available or was made with respect to a decedent whose body is under
645 the jurisdiction of the medical examiner and a postmortem examination is going to be
646 performed, unless the medical examiner denies recovery in accordance with Section 26-28-123 ,
647 the medical examiner or designee shall conduct a postmortem examination of the body or the
648
649 gift.
650 (3) A part may not be removed from the body of a decedent under the jurisdiction of a
651 medical examiner for transplantation, therapy, research, or education unless the part is the
652 subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical
653 examiner may not be delivered to a person for research or education unless the body is the
654 subject of an anatomical gift. This Subsection (3) does not preclude a medical examiner from
655 performing the medicolegal investigation upon the body or parts of a decedent under the
656 jurisdiction of the medical examiner.
657 Section 25. Section 26-28-123 is enacted to read:
658 26-28-123. Facilitation of anatomical gift from decedent whose body is under
659 jurisdiction of medical examiner.
660 (1) Upon request of a procurement organization, a medical examiner shall release to
661 the procurement organization the name, contact information, and available medical and social
662 history of a decedent whose body is under the jurisdiction of the medical examiner. If the
663 decedent's body or part is medically suitable for transplantation, therapy, research, or education,
664 the medical examiner shall release postmortem examination results to the procurement
665 organization. The procurement organization may make a subsequent disclosure of the
666 postmortem examination results or other information received from the medical examiner only
667 if relevant to transplantation or therapy.
668 (2) The medical examiner may conduct a medicolegal examination by reviewing all
669 medical records, laboratory test results, x-rays, other diagnostic results, and other information
670 that any person possesses about a donor or prospective donor whose body is under the
671 jurisdiction of the medical examiner which the medical examiner determines may be relevant
672 to the investigation.
673 (3) A person that has any information requested by a medical examiner pursuant to
674 Subsection (2) shall provide that information as expeditiously as possible to allow the medical
675 examiner to conduct the medicolegal investigation within a period compatible with the
676 preservation of parts for the purpose of transplantation, therapy, research, or education.
677 (4) If an anatomical gift has been or might be made of a part of a decedent whose body
678 is under the jurisdiction of the medical examiner and a postmortem examination is not
679
680 that the recovery of the part that is the subject of an anatomical gift will not interfere with the
681 examination, the medical examiner and procurement organization shall cooperate in the timely
682 removal of the part from the decedent for the purpose of transplantation, therapy, research, or
683 education.
684 (5) If an anatomical gift of a part from the decedent under the jurisdiction of the
685 medical examiner has been or might be made, but the medical examiner initially believes that
686 the recovery of the part could interfere with the postmortem investigation into the decedent's
687 cause or manner of death, the medical examiner shall consult with the procurement
688 organization or physician or technician designated by the procurement organization about the
689 proposed recovery. After consultation, the medical examiner may allow the recovery.
690 (6) Following the consultation under Subsection (5), in the absence of mutually agreed
691 upon protocols to resolve conflict between the medical examiner and the procurement
692 organization, if the medical examiner intends to deny recovery, the medical examiner or
693 designee, at the request of the procurement organization, may attend the removal procedure for
694 the part before making a final determination not to allow the procurement organization to
695 recover the part. During the removal procedure, the medical examiner or designee may allow
696 recovery by the procurement organization to proceed, or, if the medical examiner or designee
697 reasonably believes that the part may be involved in determining the decedent's cause or
698 manner of death, deny recovery by the procurement organization.
699 (7) If the medical examiner or designee denies recovery under Subsection (6), the
700 medical examiner or designee shall:
701 (a) explain in a record the specific reasons for not allowing recovery of the part;
702 (b) include the specific reasons in the records of the medical examiner; and
703 (c) provide a record with the specific reasons to the procurement organization.
704 (8) If the medical examiner or designee allows recovery of a part under Subsection (4),
705 (5), or (6), the procurement organization, upon request, shall cause the physician or technician
706 who removes the part to provide the medical examiner with a record describing the condition
707 of the part, a biopsy, a photograph, and any other information and observations that would
708 assist in the postmortem examination.
709 (9) If a medical examiner or designee is required to be present at a removal procedure
710
711 part shall reimburse the medical examiner or designee for the additional costs incurred in
712 complying with Subsection (6).
713 Section 26. Section 26-28-124 is enacted to read:
714 26-28-124. Uniformity of application and construction.
715 In applying and construing this uniform act, consideration must be given to the need to
716 promote uniformity of the law with respect to its subject matter among states that enact it.
717 Section 27. Section 26-28-125 is enacted to read:
718 26-28-125. Relation to electronic signatures in global and national commerce act.
719 This act modifies, limits, and supersedes the Electronic Signatures in Global and
720 National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or
721 supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery
722 of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
723 Section 28. Section 53-1-106 is amended to read:
724 53-1-106. Department duties -- Powers.
725 (1) In addition to the responsibilities contained in this title, the department shall:
726 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
727 Code, including:
728 (i) setting performance standards for towing companies to be used by the department,
729 as required by Section 41-6a-1406 ; and
730 (ii) advising the Department of Transportation regarding the safe design and operation
731 of school buses, as required by Section 41-6a-1304 ;
732 (b) make rules to establish and clarify standards pertaining to the curriculum and
733 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;
734 (c) aid in enforcement efforts to combat drug trafficking;
735 (d) meet with the Department of Technology Services to formulate contracts, establish
736 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
737 (e) provide assistance to the Crime Victims' Reparations Board and Reparations Office
738 in conducting research or monitoring victims' programs, as required by Section 63-25a-405 ;
739 (f) develop sexual assault exam protocol standards in conjunction with the Utah
740 Hospital Association;
741
742 procedure and rulemaking necessary for implementation of the federal Emergency Planning
743 and Community Right to Know Act of 1986, as required by Section 63-5-5 ;
744 (h) implement the provisions of Section 53-2-202 , the Emergency Management
745 Assistance Compact; and
746 (i) (i) maintain a database of the information listed below regarding each driver license
747 or state identification card status check made by a law enforcement officer:
748 (A) the agency employing the law enforcement officer;
749 (B) the name of the law enforcement officer or the identifying number the agency has
750 assigned to the law enforcement officer;
751 (C) the race and gender of the law enforcement officer;
752 (D) the purpose of the law enforcement officer's status check, including but not limited
753 to a traffic stop or a pedestrian stop; and
754 (E) the race of the individual regarding whom the status check is made, based on the
755 information provided through the application process under Section 53-3-205 or 53-3-804 ;
756 (ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
757 Criminal and Juvenile Justice for the purpose of:
758 (A) evaluating the data;
759 (B) evaluating the effectiveness of the data collection process; and
760 (C) reporting and making recommendations to the Legislature; and
761 (iii) classify any personal identifying information of any individual, including law
762 enforcement officers, in the database as protected records under Subsection 63-2-304 (9).
763 (2) (a) The department may establish a schedule of fees as required or allowed in this
764 title for services provided by the department.
765 (b) The fees shall be established in accordance with Section 63-38-3.2 .
766 (3) The department may establish or contract for the establishment of an Organ
767 Procurement Donor Registry in accordance with Section 26-28-120 .
768 Section 29. Section 53-3-205 is amended to read:
769 53-3-205. Application for license or endorsement -- Fee required -- Tests --
770 Expiration dates of licenses and endorsements -- Information required -- Previous
771 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
772
773 (1) An application for any original license, provisional license, or endorsement shall
774 be:
775 (a) made upon a form furnished by the division; and
776 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
777 (2) An application and fee for an original provisional class D license or an original
778 class D license entitle the applicant to:
779 (a) not more than three attempts to pass both the knowledge and the skills tests for a
780 class D license within six months of the date of the application;
781 (b) a learner permit if needed pending completion of the application and testing
782 process; and
783 (c) an original class D license and license certificate after all tests are passed.
784 (3) An application and fee for an original class M license entitle the applicant to:
785 (a) not more than three attempts to pass both the knowledge and skills tests for a class
786 M license within six months of the date of the application;
787 (b) a motorcycle learner permit if needed after the knowledge test is passed; and
788 (c) an original class M license and license certificate after all tests are passed.
789 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
790 applicant to:
791 (a) not more than three attempts to pass both the knowledge and skills tests within six
792 months of the date of the application;
793 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is
794 passed; and
795 (c) a motorcycle or taxicab endorsement when all tests are passed.
796 (5) An application and fees for a commercial class A, B, or C license entitle the
797 applicant to:
798 (a) not more than two attempts to pass a knowledge test and not more than two
799 attempts to pass a skills test within six months of the date of the application;
800 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
801 and
802 (c) an original commercial class A, B, or C license and license certificate when all
803
804 (6) An application and fee for a CDL endorsement entitle the applicant to:
805 (a) not more than two attempts to pass a knowledge test and not more than two
806 attempts to pass a skills test within six months of the date of the application; and
807 (b) a CDL endorsement when all tests are passed.
808 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
809 test within the number of attempts provided in Subsection (5) or (6), each test may be taken
810 two additional times within the six months for the fee provided in Section 53-3-105 .
811 (8) (a) Except as provided under Subsections (8)(f), (g), and (h), an original license
812 expires on the birth date of the applicant in the fifth year following the year the license
813 certificate was issued.
814 (b) Except as provided under Subsections (8)(f), (g), and (h), a renewal or an extension
815 to a license expires on the birth date of the licensee in the fifth year following the expiration
816 date of the license certificate renewed or extended.
817 (c) Except as provided under Subsections (8)(f) and (g), a duplicate license expires on
818 the same date as the last license certificate issued.
819 (d) An endorsement to a license expires on the same date as the license certificate
820 regardless of the date the endorsement was granted.
821 (e) A license and any endorsement to the license held by a person ordered to active
822 duty and stationed outside Utah in any of the armed forces of the United States, which expires
823 during the time period the person is stationed outside of the state, is valid until 90 days after the
824 person has been discharged or has left the service, unless:
825 (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
826 the division; or
827 (ii) the licensee updates the information or photograph on the license certificate.
828 (f) An original license or a renewal to an original license obtained using proof under
829 Subsection (9)(a)(i)(E)(III) expires on the date of the expiration of the applicant's foreign visa,
830 permit, or other document granting legal presence in the United States or on the date provided
831 under this Subsection (8), whichever is sooner.
832 (g) (i) An original license or a renewal or a duplicate to an original license expires on
833 the next birth date of the applicant or licensee beginning on July 1, 2005 if:
834
835 Subsection (9); and
836 (B) the license certificate or driving privilege card is not clearly distinguished as
837 required under Subsection 53-3-207 (6).
838 (ii) A driving privilege card issued or renewed under Section 53-3-207 expires on the
839 birth date of the applicant in the first year following the year that the driving privilege card was
840 issued or renewed.
841 (iii) The expiration dates provided under Subsections (8)(g)(i) and (ii) do not apply to
842 an original license or driving privilege card or to the renewal of an original license or driving
843 privilege card with an expiration date provided under Subsection (8)(f).
844 (h) An original license or a renewal to an original license expires on the birth date of
845 the applicant in the first year following the year that the license was issued if the applicant is
846 required to register as a sex offender under Section 77-27-21.5 .
847 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
848 Procedures Act, for requests for agency action, each applicant shall:
849 (i) provide the applicant's:
850 (A) full legal name;
851 (B) birth date;
852 (C) gender;
853 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
854 established by the United States Census Bureau;
855 (E) (I) Social Security number;
856 (II) temporary identification number (ITIN) issued by the Internal Revenue Service for
857 a person who does not qualify for a Social Security number; or
858 (III) (Aa) proof that the applicant is a citizen of a country other than the United States;
859 (Bb) proof that the applicant does not qualify for a Social Security number; and
860 (Cc) proof of legal presence in the United States, as authorized under federal law; and
861 (F) Utah residence address as documented by a form acceptable under rules made by
862 the division under Section 53-3-104 , unless the application is for a temporary CDL issued
863 under Subsection 53-3-407 (2)(b);
864 (ii) provide a description of the applicant;
865
866 and, if so, when and by what state or country;
867 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
868 disqualified, or denied in the last six years, or whether the applicant has ever had any license
869 application refused, and if so, the date of and reason for the suspension, cancellation,
870 revocation, disqualification, denial, or refusal;
871 (v) state whether the applicant intends to make an anatomical gift under Title 26,
872 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (16);
873 (vi) state whether the applicant is required to register as a sex offender under Section
874 77-27-21.5 ;
875 (vii) state whether the applicant is a military veteran and does or does not authorize
876 sharing the information with the state Division of Veterans' Affairs;
877 (viii) provide all other information the division requires; and
878 (ix) sign the application which signature may include an electronic signature as defined
879 in Section 46-4-102 .
880 (b) Each applicant shall have a Utah residence address, unless the application is for a
881 temporary CDL issued under Subsection 53-3-407 (2)(b).
882 (c) The division shall maintain on its computerized records an applicant's:
883 (i) (A) Social Security number;
884 (B) temporary identification number (ITIN); or
885 (C) other number assigned by the division if Subsection (9)(a)(i)(E)(III) applies; and
886 (ii) indication whether the applicant is required to register as a sex offender under
887 Section 77-27-21.5 .
888 (d) An applicant may not be denied a license for refusing to provide race information
889 required under Subsection (9)(a)(i)(D).
890 (10) The division shall require proof of every applicant's name, birthdate, and
891 birthplace by at least one of the following means:
892 (a) current license certificate;
893 (b) birth certificate;
894 (c) Selective Service registration; or
895 (d) other proof, including church records, family Bible notations, school records, or
896
897 (11) When an applicant receives a license in another class, all previous license
898 certificates shall be surrendered and canceled. However, a disqualified commercial license may
899 not be canceled unless it expires before the new license certificate is issued.
900 (12) (a) When an application is received from a person previously licensed in another
901 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
902 other state.
903 (b) When received, the driver's record becomes part of the driver's record in this state
904 with the same effect as though entered originally on the driver's record in this state.
905 (13) An application for reinstatement of a license after the suspension, cancellation,
906 disqualification, denial, or revocation of a previous license shall be accompanied by the
907 additional fee or fees specified in Section 53-3-105 .
908 (14) A person who has an appointment with the division for testing and fails to keep
909 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
910 under Section 53-3-105 .
911 (15) A person who applies for an original license or renewal of a license agrees that the
912 person's license is subject to any suspension or revocation authorized under this title or Title
913 41, Motor Vehicles.
914 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
915 the licensee in accordance with division rule.
916 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
917 Management Act, the division may, upon request, release to an organ procurement
918 organization, as defined in Section [
919 persons who under Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.
920 (ii) An organ procurement organization may use released information only to:
921 (A) obtain additional information for an anatomical gift registry; and
922 (B) inform licensees of anatomical gift options, procedures, and benefits.
923 (17) Notwithstanding Title 63, Chapter 2, Government Records Access and
924 Management Act, the division may release to the Division of Veterans' Affairs the names and
925 addresses of all persons who indicate their status as a veteran under Subsection (9)(a)(vii).
926 (18) The division and its employees are not liable, as a result of false or inaccurate
927
928 (a) loss;
929 (b) detriment; or
930 (c) injury.
931 (19) A person who knowingly fails to provide the information required under
932 Subsection (9)(a)(vi) is guilty of a class A misdemeanor.
933 Section 30. Section 53-3-207 is amended to read:
934 53-3-207. License certificates or driving privilege cards issued to drivers by class
935 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
936 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
937 (1) As used in this section:
938 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
939 vehicle;
940 (b) "driving privilege card" means the evidence of the privilege granted and issued
941 under this chapter to drive a motor vehicle;
942 (c) "governmental entity" means the state and its political subdivisions as defined in
943 this Subsection (1);
944 (d) "political subdivision" means any county, city, town, school district, public transit
945 district, redevelopment agency, special improvement or taxing district, special district, an entity
946 created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation
947 Act, or other governmental subdivision or public corporation; and
948 (e) "state" means this state, and includes any office, department, agency, authority,
949 commission, board, institution, hospital, college, university, children's justice center, or other
950 instrumentality of the state.
951 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
952 license certificate or a driving privilege card indicating the type or class of motor vehicle the
953 person may drive.
954 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
955 class.
956 (3) (a) Every license certificate or driving privilege card shall bear:
957 (i) the distinguishing number assigned to the person by the division;
958
959 (iii) a brief description of the person for the purpose of identification;
960 (iv) any restrictions imposed on the license under Section 53-3-208 ;
961 (v) a photograph of the person;
962 (vi) a photograph or other facsimile of the person's signature; and
963 (vii) an indication whether the person intends to make an anatomical gift under Title
964 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
965 under Subsection 53-3-214 (3).
966 (b) A new license certificate issued by the division may not bear the person's Social
967 Security number.
968 (c) (i) The license certificate or driving privilege card shall be of an impervious
969 material, resistant to wear, damage, and alteration.
970 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
971 certificate or driving privilege card shall be as prescribed by the commissioner.
972 (iii) The commissioner may also prescribe the issuance of a special type of limited
973 license certificate or driving privilege card under Subsection 53-3-220 (4) and may authorize
974 the issuance of a renewed or duplicate license certificate or driving privilege card without a
975 picture if the applicant is not then living in the state.
976 (4) (a) (i) The division upon determining after an examination that an applicant is
977 mentally and physically qualified to be granted a driving privilege may issue to an applicant a
978 receipt for the fee.
979 (ii) The receipt serves as a temporary license certificate or temporary driving privilege
980 card allowing the person to drive a motor vehicle while the division is completing its
981 investigation to determine whether the person is entitled to be granted a driving privilege.
982 (b) The receipt shall be in the person's immediate possession while driving a motor
983 vehicle, and it is invalid when the person's license certificate or driving privilege card has been
984 issued or when, for good cause, the privilege has been refused.
985 (c) The division shall indicate on the receipt a date after which it is not valid as a
986 license certificate or driving privilege card.
987 (5) (a) The division shall distinguish learner permits, temporary permits, license
988 certificates, and driving privilege cards issued to any person younger than 21 years of age by
989
990 certificates or driving privilege cards.
991 (b) The division shall distinguish a license certificate or driving privilege card issued to
992 any person:
993 (i) younger than 21 years of age by use of a portrait-style format not used for other
994 license certificates or driving privilege cards and by plainly printing the date the license
995 certificate or driving privilege card holder is 21 years of age, which is the legal age for
996 purchasing an alcoholic beverage or product under Section 32A-12-203 ; and
997 (ii) younger than 19 years of age, by plainly printing the date the license certificate or
998 driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco
999 products under Section 76-10-104 .
1000 (6) (a) The division shall only issue a driving privilege card to a person whose privilege
1001 was obtained without using a Social Security number as required under Subsection
1002 53-3-205 (9).
1003 (b) The division shall distinguish a driving privilege card from a license certificate by:
1004 (i) use of a format, color, font, or other means; and
1005 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
1006 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
1007 (7) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
1008 permit, or any other temporary permit or receipt issued by the division.
1009 (8) The division shall issue temporary license certificates or temporary driving
1010 privilege cards of the same nature, except as to duration, as the license certificates or driving
1011 privilege cards that they temporarily replace, as are necessary to implement applicable
1012 provisions of this section and Section 53-3-223 .
1013 (9) A governmental entity may not accept a driving privilege card as proof of personal
1014 identification.
1015 (10) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
1016 (11) Except as provided under this section, the provisions, requirements, classes,
1017 endorsements, fees, restrictions, and sanctions under this code apply to a:
1018 (a) driving privilege in the same way as a license issued under this chapter; and
1019 (b) driving privilege card in the same way as a license certificate issued under this
1020
1021 Section 31. Section 53-3-804 is amended to read:
1022 53-3-804. Application for identification card -- Required information -- Release
1023 of anatomical gift information.
1024 (1) To apply for an identification card, the applicant shall:
1025 (a) be a Utah resident;
1026 (b) have a Utah residence address; and
1027 (c) appear in person at any license examining station.
1028 (2) The applicant shall provide the following information to the division:
1029 (a) true and full legal name and Utah residence address;
1030 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
1031 other satisfactory evidence of birth, which shall be attached to the application;
1032 (c) Social Security number;
1033 (d) place of birth;
1034 (e) height and weight;
1035 (f) color of eyes and hair;
1036 (g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
1037 established by the United States Census Bureau;
1038 (h) signature;
1039 (i) photograph;
1040 (j) an indication whether the applicant intends to make an anatomical gift under Title
1041 26, Chapter 28, Revised Uniform Anatomical Gift Act;
1042 (k) an indication whether the applicant is required to register as a sex offender under
1043 Section 77-27-21.5 ; and
1044 (l) an indication whether the applicant is a military veteran and does or does not
1045 authorize sharing the information with the state Division of Veterans' Affairs.
1046 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
1047 and older, applying for an identification card. Refusal to consent to the release of information
1048 shall result in the denial of the identification card.
1049 (4) An applicant may not be denied an identification card for refusing to provide race
1050 information required under Subsection (2)(g).
1051
1052 (2)(k) is guilty of a class A misdemeanor.
1053 Section 32. Section 53-3-805 is amended to read:
1054 53-3-805. Identification card -- Contents -- Specifications.
1055 (1) (a) The division shall issue an identification card that bears:
1056 (i) the distinguishing number assigned to the person by the division;
1057 (ii) the name, birth date, and Utah residence address of the person;
1058 (iii) a brief description of the person for the purpose of identification;
1059 (iv) a photograph of the person;
1060 (v) a photograph or other facsimile of the person's signature; and
1061 (vi) an indication whether the person intends to make an anatomical gift under Title 26,
1062 Chapter 28, Revised Uniform Anatomical Gift Act.
1063 (b) An identification card issued by the division may not bear the person's Social
1064 Security number or place of birth.
1065 (2) (a) The card shall be of an impervious material, resistant to wear, damage, and
1066 alteration.
1067 (b) Except as provided under Section 53-3-806 , the size, form, and color of the card is
1068 prescribed by the commissioner.
1069 (3) At the applicant's request, the card may include a statement that the applicant has a
1070 special medical problem or allergies to certain drugs, for the purpose of medical treatment.
1071 (4) (a) The indication of intent under Subsection 53-3-804 (2)(j) shall be authenticated
1072 by the applicant in accordance with division rule.
1073 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
1074 Management Act, the division may, upon request, release to an organ procurement
1075 organization, as defined in Section [
1076 persons who under Subsection 53-3-804 (2)(j) indicate that they intend to make an anatomical
1077 gift.
1078 (ii) An organ procurement organization may use released information only to:
1079 (A) obtain additional information for an anatomical gift registry; and
1080 (B) inform applicants of anatomical gift options, procedures, and benefits.
1081 (5) Notwithstanding Title 63, Chapter 2, Government Records Access and
1082
1083 addresses of all persons who indicate their status as a veteran under Subsection 53-3-804 (2)(l).
1084 (6) The division and its employees are not liable, as a result of false or inaccurate
1085 information provided under Subsection 53-3-804 (2)(j) or (l), for direct or indirect:
1086 (a) loss;
1087 (b) detriment; or
1088 (c) injury.
1089 Section 33. Section 76-9-704 is amended to read:
1090 76-9-704. Abuse or desecration of a dead human body -- Penalties.
1091 (1) For purposes of this section, "dead human body" includes any part of a human body
1092 in any stage of decomposition, including ancient human remains.
1093 (2) A person is guilty of abuse or desecration of a dead human body if the person
1094 intentionally and unlawfully:
1095 (a) fails to report the finding of a dead human body to a local law enforcement agency;
1096 (b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of
1097 it;
1098 (c) disinters a buried or otherwise interred dead human body, without authority of a
1099 court order;
1100 (d) dismembers a dead human body to any extent, or damages or detaches any part or
1101 portion of a dead human body; or
1102 (e) (i) commits or attempts to commit upon any dead human body any act of sexual
1103 penetration, regardless of the sex of the actor and of the dead human body; and
1104 (ii) as used in Subsection (2)(e)(i), "sexual penetration" means penetration, however
1105 slight, of the genital or anal opening by any object, substance, instrument, or device, including
1106 a part of the human body, or penetration involving the genitals of the actor and the mouth of
1107 the dead human body.
1108 (3) A person does not violate this section if when that person directs or carries out
1109 procedures regarding a dead human body, that person complies with:
1110 (a) Title 9, Chapter 8, Part 3, Antiquities;
1111 (b) Title 26, Chapter 4, Utah Medical Examiner Act;
1112 (c) Title 26, Chapter 28, Revised Uniform Anatomical Gift Act;
1113
1114 (e) Title 58, Chapter 9, Funeral Services Licensing Act; or
1115 (f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to
1116 practice medicine.
1117 (4) (a) Failure to report the finding of a dead human body as required under Subsection
1118 (2)(a) is a class B misdemeanor.
1119 (b) Abuse or desecration of a dead human body as described in Subsections (2)(b)
1120 through (e) is a third degree felony.
1121 Section 34. Repealer.
1122 This bill repeals:
1123 Section 26-28-1, Short title.
1124 Section 26-28-2, Definitions.
1125 Section 26-28-3, Anatomical gifts -- Eligibility to make -- Procedures.
1126 Section 26-28-4, Anatomical gifts by others -- Donations or revocations.
1127 Section 26-28-5, Authorization by medical examiner for anatomical gift.
1128 Section 26-28-6, Routine inquiry and required request -- Search and notification.
1129 Section 26-28-7, Persons eligible to act pursuant to anatomical gifts.
1130 Section 26-28-8, Delivery of document of gift.
1131 Section 26-28-9, Rights and duties at death.
1132 Section 26-28-10, Sale or purchase of parts prohibited.
1133 Section 26-28-11, Examination -- Liability.
1134 Section 26-28-12, Uniformity of application and construction.
1135 Section 35. Effective date.
1136 This bill takes effect on July 1, 2007.
Legislative Review Note
as of 11-16-06 10:07 AM