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HOUSE AMENDED
PRIOR PRINTER'S NOS. 82, 1529
PRINTER'S NO. 1659
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
108
Session of
2017
INTRODUCED BY SABATINA, VULAKOVICH, ARGALL, BLAKE, YUDICHAK,
FONTANA, COSTA, LANGERHOLC, HAYWOOD, RAFFERTY, BREWSTER,
HUGHES, BROWNE, FOLMER, BOSCOLA, McGARRIGLE AND FARNESE,
JANUARY 13, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 17, 2018
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in anatomical gifts,
further providing for manner of executing anatomical gifts.
AND FOR GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE
DONATION AWARENESS TRUST FUND CONTRIBUTIONS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8613 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 8613. Manner of executing anatomical gifts.
* * *
(g) Rights and protections for certain individuals.--
(1) (i) An individual who is a candidate to receive IN
NEED OF an anatomical gift shall not be deemed ineligible
to receive an anatomical gift solely because of the
individual's physical or mental disability, except to the
extent that the physical or mental disability has been
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found by a physician or surgeon following an
individualized evaluation of the potential recipient
INDIVIDUAL to be medically significant to the provision
of the anatomical gift.
(ii) If an individual has the necessary support
system to assist the individual in complying with
posttransplant medical requirements, an individual's
inability to independently comply with those requirements
shall not be deemed to be medically significant.
(iii) The provisions of this subsection shall apply
to each part of the organ transplant process.
(2) The court shall accord priority on its calendar and
expeditiously proceed with an action brought to seek any
remedy authorized by law for purposes of enforcing compliance
with the provisions of this section.
(3) The provisions of this section shall not be deemed
to require referrals or recommendations for, or the
performance of, medically inappropriate organ transplants.
(4) (2) As used in this subsection, the term
"disability" shall have the same meaning as in the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327).
SECTION 2. SECTION 8621 OF TITLE 20 IS AMENDED TO READ:
§ 8621. THE GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE
DONATION AWARENESS TRUST FUND CONTRIBUTIONS.
(A) DRIVER'S LICENSE.--BEGINNING AS SOON AS PRACTICABLE, BUT
NO LATER THAN JANUARY 1, 1995, THE DEPARTMENT OF TRANSPORTATION
SHALL PROVIDE AN APPLICANT FOR AN ORIGINAL OR RENEWAL DRIVER'S
LICENSE OR IDENTIFICATION CARD THE OPPORTUNITY TO MAKE A
CONTRIBUTION OF [$1] $3 TO THE FUND. THE CONTRIBUTION SHALL BE
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ADDED TO THE REGULAR FEE FOR AN ORIGINAL OR RENEWAL DRIVER'S
LICENSE OR IDENTIFICATION CARD. ONE CONTRIBUTION MAY BE MADE FOR
EACH ISSUANCE OR RENEWAL OF A LICENSE OR IDENTIFICATION CARD.
CONTRIBUTIONS SHALL BE USED EXCLUSIVELY FOR THE PURPOSES SET OUT
IN SECTION 8622 (RELATING TO THE GOVERNOR ROBERT P. CASEY
MEMORIAL ORGAN AND TISSUE DONATION AWARENESS TRUST FUND). THE
DEPARTMENT OF TRANSPORTATION SHALL MONTHLY DETERMINE THE TOTAL
AMOUNT DESIGNATED UNDER THIS SECTION AND SHALL REPORT THAT
AMOUNT TO THE STATE TREASURER, WHO SHALL TRANSFER THAT AMOUNT TO
THE GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION
AWARENESS TRUST FUND.
(B) VEHICLE REGISTRATION.--THE DEPARTMENT OF TRANSPORTATION
SHALL PROVIDE AN APPLICANT FOR A RENEWAL VEHICLE REGISTRATION
THE OPPORTUNITY TO MAKE A CONTRIBUTION OF [$1] $3 TO THE
GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION
AWARENESS TRUST FUND. THE CONTRIBUTION SHALL BE ADDED TO THE
REGULAR FEE FOR A RENEWAL OF A VEHICLE REGISTRATION. ONE
CONTRIBUTION MAY BE MADE FOR EACH RENEWAL VEHICLE REGISTRATION.
CONTRIBUTIONS SHALL BE USED EXCLUSIVELY FOR THE PURPOSES
DESCRIBED IN SECTION 8622. THE DEPARTMENT OF TRANSPORTATION
SHALL MONTHLY DETERMINE THE TOTAL AMOUNT DESIGNATED UNDER THIS
SECTION AND SHALL REPORT THAT AMOUNT TO THE STATE TREASURER, WHO
SHALL TRANSFER THAT AMOUNT TO THE GOVERNOR ROBERT P. CASEY
MEMORIAL ORGAN AND TISSUE DONATION AWARENESS TRUST FUND. THE
GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION
AWARENESS TRUST FUND SHALL REIMBURSE THE DEPARTMENT FOR THE
INITIAL COSTS INCURRED IN THE DEVELOPMENT AND IMPLEMENTATION OF
THE CONTRIBUTION PROGRAM UNDER THIS SUBSECTION. THE GENERAL FUND
SHALL REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR THE ACTUAL
ANNUAL OPERATING COSTS OF THE PROGRAM FOR VEHICLE REGISTRATIONS
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AS DESCRIBED IN THIS SUBSECTION SUBJECT TO THE FOLLOWING LIMITS:
FOR THE FIRST FISCAL YEAR DURING WHICH THIS SUBSECTION IS
EFFECTIVE, THE GENERAL FUND SHALL REIMBURSE THE DEPARTMENT OF
TRANSPORTATION FOR THE ACTUAL OPERATING COSTS OF THE PROGRAM IN
THIS SUBSECTION UP TO A MAXIMUM OF $100,000. FOR EACH FISCAL
YEAR THEREAFTER, THE GENERAL FUND SHALL REIMBURSE THE DEPARTMENT
OF TRANSPORTATION FOR THE ACTUAL OPERATING COSTS OF THE PROGRAM
IN THIS SUBSECTION IN AN AMOUNT NOT TO EXCEED THE PRIOR YEAR'S
ACTUAL OPERATING COSTS ON A FULL FISCAL YEAR BASIS PLUS 3%. THE
AMOUNTS APPROVED BY THE GOVERNOR AS NECESSARY ARE HEREBY
APPROPRIATED FROM THE GENERAL FUND FOR THIS PURPOSE.
Section 2 3. This act shall take effect immediately. AS
FOLLOWS:
(1) THE AMENDMENT OF 20 PA.C.S. § 8621 SHALL TAKE EFFECT
IN 60 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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