SLS 24RS-601 ORIGINAL
2024 Regular Session
SENATE BILL NO. 411
BY SENATOR KLEINPETER
WILDLIFE/FISHERIES DEPT. Requires the Department of Wildlife & Fisheries to notify
applicants for recreational fishing and hunting licenses of the option to become an organ and
tissue donor and make an organ donation. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 17:2351(6), 2354(A)(1) and (C), 17:2354.8(B) and to enact R.S.
3 17:2351(32) and (33) and 56:3000(K), relative to anatomical gifts; to provide for
4 definitions; to provide for license application requirements; to provide for
5 information availability; to provide for indication of donor status; to provide for
6 anatomical gift statements; to provide for special wishes; to provide for revocation;
7 to provide for limitation of liability; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. This Act shall be known and may be cited as "Willie's Law".
10 Section 2. R.S. 17:2351(6), 2354(A)(1) and (C), and 17:2354.8(B) are hereby
11 amended and reenacted and R.S. 17:2351(32) and (33) are hereby enacted to read as follows:
12 §2351. Definitions
13 As used in this Part, the following terms have the following meanings:
14 * * *
15 (6) "Document of gift" means a donor card or other record used to make an
16 anatomical gift. The term includes a statement or symbol on a driver's license,
17 identification card, fishing license, hunting license, or donor registry.
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1 * * *
2 (32) "Fishing license" means a license or permit issued by the Louisiana
3 Department of Wildlife and Fisheries to fish as defined in R.S. 56:8(55), for a
4 recreational purpose as defined in R.S. 56:8.
5 (33) "Hunting license" means a license or permit issued by the Louisiana
6 Department of Wildlife and Fisheries to hunt, as defined in R.S. 56:8, for a
7 recreational purpose as defined in R.S. 56:8.
8 * * *
9 §2354. Manner of executing anatomical gift prior to death of donor
10 A. A donor may make an anatomical gift by any of the following:
11 (1) Authorizing a statement or symbol indicating that he has made an
12 anatomical gift to be imprinted on his driver's license, identification card, fishing
13 license, or identification card hunting license.
14 * * *
15 C. Revocation, suspension, expiration, or cancellation of a driver's license,
16 identification card, fishing license, or identification card hunting license upon
17 which an anatomical gift is indicated does not invalidate the gift.
18 * * *
19 §2354.8. Donor registry
20 * * *
21 B. The Louisiana Department of Public Safety and Corrections, office of
22 motor vehicles, and the Louisiana Department of Wildlife and Fisheries shall
23 cooperate with any person administering any donor registry that this state
24 establishes, contracts for, or recognizes for the purpose of transferring to the donor
25 registry all relevant information regarding the making, amendment to, or revocation
26 of an anatomical gift.
27 * * *
28 Section 3. R.S. 56:3000(K) is hereby enacted to read as follows:
29 §3000. Recreational license requirements; definitions
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SLS 24RS-601 ORIGINAL
1 * * *
2 K. (1)(a) The Department of Wildlife and Fisheries shall give the widest
3 possible dissemination to the anatomical donation program relating to all
4 organs and tissues, and shall make whatever provisions are feasible and
5 desirable, through its recreational licensing apparatus, to enable persons
6 desiring to make such anatomical donations to confirm their desires and
7 intentions through the use of suitable documents. Additionally any recreational
8 fishing license or hunting license issued by the department shall contain an
9 indication thereon whether the named applicant has elected either to make an
10 anatomical gift pursuant to the provisions of this Chapter or R.S. 17:2351 et
11 seq., or to provide no response, said indication to be by placing an "X" in the
12 appropriate box marked "Yes" or "No Response" under or adjacent to the
13 term "anatomical gift".
14 (b) For recreational fishing license or hunting license applicants who
15 wish to indicate a donor special wish or limitation, instruction for doing so shall
16 be made available to the applicant.
17 (2) Any applicant who has not yet made an election to be an organ and
18 tissue donor shall be asked at the time of application if he would like to make
19 an anatomical gift and informed that the gift may be made either to a named
20 donee or without the naming of a donee and the effect thereof as provided in
21 R.S. 17:2354(D). The applicant may either elect to make an anatomical gift or
22 to provide no response.
23 (3) An anatomical gift made pursuant to this Subsection may be revoked
24 as provided in R.S. 17:2351 et seq.
25 (4) The state or any of its agencies, departments, or political subdivisions
26 shall not be liable in damages or otherwise for any removal or use of any
27 anatomical gift made pursuant to this Subsection.
28 (5) The attending physician, and the hospital where an anatomical gift
29 is made or was to be made, shall not be liable for the removal, use, or the failure
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SLS 24RS-601 ORIGINAL
1 to remove or use any anatomical gift made pursuant to this Subsection.
2 (6) Except as otherwise provided in this Subsection, the document of
3 donation and the donation shall be made pursuant to R.S. 17:2351 et seq.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jacob K. Wilson.
DIGEST
SB 411 Original 2024 Regular Session Kleinpeter
Proposed law is known as "Willy's Law".
Present law provides for the making and revocation of anatomical gifts and provides
definitions.
Proposed law retains present law and adds definitions for "fishing license" and "hunting
license".
Present law provides methods for indicating anatomical gift authorization on driver's licenses
and identification cards.
Proposed law retains present law and adds indications for fishing and hunting licenses.
Present law provides that invalidation of a driver's license or identification card does not
invalidate an anatomical gift.
Proposed law retains present law and adds fishing and hunting licenses.
Present law requires the office of motor vehicles to cooperate with the donor registry in
providing information relevant to anatomical gifts.
Proposed law retains present law and also requires that Dept. of Wildlife and Fisheries
(LDWF) cooperate with the registry.
Proposed law requires that LDWF provide information on anatomical donations through its
recreational licensing system and that applicants for recreational fishing and hunting licenses
who are not registered donors be provided an opportunity to make a donation. Further
requires that information on special wishes and limitations be provided to applicants.
Proposed law provides that applicants may respond "Yes" or "No Response" which will be
indicated on their fishing or hunting license. Further provides that the gift may be revoked
as provided in present law.
Proposed law provides that the state is not liable for removal or use of anatomical gifts
pursuant to proposed law. Further provides that physicians and medical facilities are not
liable for removal, use, or failure to remove or use gifts pursuant to proposed law.
Proposed law requires that donations be documented in accordance with present law.
Effective August 1, 2024.
(Amends R.S. 17:2351(6), 2354(A)(1) and (C), 17:2354.8(B) and adds R.S. 17:2351(32) and
(33) and 56:3000(K))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.