BILL REQ. #:  S-4302.1 

Read first time 02/01/10.   Referred to Committee on Transportation.

     AN ACT Relating to anatomical gifts made by driver's license and identicard applicants; and amending RCW 46.20.113, 46.20.1131, and 68.64.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.20.113 and 2008 c 139 s 27 are each amended to read as follows:
     The department of licensing shall provide a statement whereby the licensee may certify his or her unwillingness to make an anatomical gift under RCW 68.64.030, as now or hereafter amended. The department shall provide the statement and ensure that the opt-out anatomical gift under this section is clear, visible, and prominently displayed in at least one of the following ways:
     (1) On each driver's license; or
     (2) With each driver's license; or
     (3) With each in-person driver's license application.

Sec. 2   RCW 46.20.1131 and 2008 c 139 s 28 are each amended to read as follows:
     The department shall electronically transfer the information of all persons who upon application for a driver's license or identicard volunteer to donate organs or tissue to a registry created in RCW 68.64.200, and any subsequent changes to the applicant's donor status when the applicant renews a driver's license or identicard or applies for a new driver's license or identicard. The department shall assume that all persons who apply for a driver's license or identicard are willing to be organ and tissue donors, unless the applicant indicates otherwise as provided in RCW 46.20.113.

Sec. 3   RCW 68.64.040 and 2008 c 139 s 5 are each amended to read as follows:
     (1) A donor may make an anatomical gift:
     (a) 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 or identification card. An anatomical gift is assumed to have been made by all driver's license and identification card holders unless otherwise indicated as provided in RCW 46.20.113;
     (b) In a will;
     (c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
     (d) As provided in subsection (2) of this section.
     (2) A donor or other person authorized to make an anatomical gift under RCW 68.64.030 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
     (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
     (b) State that it has been signed and witnessed as provided in (a) of this subsection.
     (3) Revocation, suspension, expiration, or cancellation of a driver's license or identification card through which an anatomical gift has been made does not invalidate the gift.
     (4) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.