Trial Engrossment of Amendment A06317 to Senate Bill 0108 P.N. 1529, Regular Session 2017-2018

HOUSE AMENDED

A06317

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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 13, 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

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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