Organ donor designation on hunting and fishing licenses.

20LSO-0447
2020
STATE OF WYOMING
20LSO-0447
Numbered
2.0

HOUSE BILL NO. HB0233

Organ donor designation on hunting and fishing licenses.

Sponsored by: Representative(s) Nicholas and Larsen

A BILL

for

AN ACT relating to anatomical gifts; providing for donor designations on hunting and fishing licenses; specifying duties of the game and fish commission and department; providing for release of donor information to procurement organizations; making conforming amendments; providing for recoupment of costs; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 23
‑
1
‑
302(a) by creating a new paragraph (xxxiii), 23
‑
1
‑
706, 35
‑
5
‑
202(a)(iv) and (vi),
35
‑
5
‑
205(a)(i) and (c), 35
‑
5
‑
213(a) and (b) and 35
‑
5
‑
219(a) and (b) are amended to read:

23
‑
1
‑
302.

Powers and duties.

(a)

The commission is directed and empowered:

(xxxiii)

To provide information on applications for hunting and fishing licenses regarding the existence of the anatomical organ donor program and to affix a document of gift designation on hunting and fishing licenses in accordance with W.S. 23
‑
1
‑
706(b).

23
‑
1
‑
706.

Game and fish licenses; anatomical donor designation; confidentiality.

(a)

The commission shall establish a process by which an applicant for any game and fish license, permit or tag authorized by this act may designate as public personally identifiable information required for the applicant to purchase the license, permit or tag. Unless designated as public by the applicant or as otherwise provided by law,
personally identifiable information submitted for any game and fish license, permit or tag is solely for the use of the department or appropriate law enforcement offices and is not a public record for purposes of W.S. 16
‑
4
‑
201 through 16
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4
‑
205. As used in this section, "personally identifiable information" includes an applicant's electronic mail address, date of birth, telephone number, driver's license number, social security number, passport number, sportsperson identification number or tax identification number or any part of any of the preceding information.

(b)

The commission shall establish a process by which an applicant for a hunting or fishing license may designate his desire to make an anatomical gift and have a document of gift affixed to his hunting or fishing license pursuant to this title and the Revised Uniform Anatomical Gift Act. The process shall allow for revocation of a designation and reissuance of the license at no additional fee. A person choosing to have a document of gift affixed to his hunting or fishing license shall be deemed to have consented to the release by the department of personally identifiable
information for use as provided in W.S. 35
‑
5
‑
213 and 35
‑
5
‑
219(b). Unless the person designates his personally identifiable information as public pursuant to subsection (a) of this section, the information shall not be public and shall be used only as provided in subsection (a) of this section and W.S. 35
‑
5
‑
213 and 35
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5
‑
219(b). The commission shall prepare a biennial budget request prior to each budget session of the legislature for the purpose of being reimbursed all costs relating to the implementation of this subsection and shall submit the request to the governor pursuant to W.S. 9
‑
2
‑
1010 through 9
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2
‑
1013.

35
‑
5
‑
202.

Definitions.

(a)

As used in this act:

(iv)

"Department" means the department of transportation
unless otherwise specified
;

(vi)

"Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license,
identification card
, hunting or fishing license
or donor registry;

35
‑
5
‑
205.

Manner of making anatomical gift before donor's death.

(a)

A donor may make an anatomical gift:

(i)

By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license
, hunting or fishing license
or identification card;

(c)

Revocation, suspension, expiration or cancellation of a driver's license
, hunting or fishing license
or identification card upon which an anatomical gift is indicated does not invalidate the gift.

35
‑
5
‑
213.

Rights and duties of procurement organization and others.

(a)

When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department
of transportation, game and fish department
and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b)

A procurement organization shall be allowed reasonable access to information in the records of the department
of transportation and game and fish department
to ascertain whether an individual at or near death is a donor.

35
‑
5
‑
219.

Donor registry.

(a)

The department shall electronically transfer to a procurement organization the information that appears on the front of the driver's license or identification card, to include the name, gender, date of birth, social security number if it appears on the license or card, driver's license or identification card number, issue date or
renewal date and address of the individual identified as a donor.
The game and fish department shall electronically transfer to a procurement organization from a hunting or fishing license of a person electing to be a donor pursuant to W.S. 23
‑
1
‑
706(b), the name, gender, date of birth, sportsperson identification number, hunting or fishing license number, issue date and address of the individual identified as a donor.
The
department
departments
shall also electronically transfer any subsequent change in the donor's status, including revocation of the gift. The
department
departments
shall submit to the department of health a statement of costs incurred to initially install and establish the electronic transfer of donor information. The department of health shall direct the state auditor to reimburse
the
each
department for the costs from the anatomical awareness account under W.S. 35
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5
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225 to the extent there are funds in that account. There shall be no charge to a procurement organization for the transfer of donor information.

(b)

With the information obtained from the department
of transportation, game and fish department
and
from
other
sources including donors and donors' agents pursuant to W.S. 35
‑
5
‑
205(b), the procurement organization shall establish and maintain a statewide organ and tissue donor registry to facilitate organ and tissue donations. The cost incurred to create and maintain the registry shall be paid by the procurement organization. Registry information shall be accessible to any procurement organization located in Wyoming and may be disseminated to a procurement organization in another state for the recovery or placement of organs and tissue. Registry information may also be disseminated to Wyoming eye banks under this section.

Section 2.

There is appropriated thirty-nine thousand dollars ($39,000.00) from the general fund to the game and fish department for purposes of reimbursing the costs to the department in carrying out its duties under this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2022.

Section 3
.

This act is effective July 1, 2020
.

(END)

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HB0233