Pennsylvania Act 2000-120 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND

Act text

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
                 Act of Dec. 20, 2000, P.L. 881, No. 120              Cl. 20
                             Session of 2000
                               No. 2000-120

     HB 2668

                                  AN ACT

     Amending Title 20 (Decedents, Estates and Fiduciaries) of the
        Pennsylvania Consolidated Statutes, changing the name of the
        Organ Donation Awareness Trust Fund to The Governor Robert P.
        Casey Memorial Organ and Tissue Donation Awareness Trust
        Fund.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 8601, 8617(f), 8621 and 8622 heading and
     (a) of Title 20 of the Pennsylvania Consolidated Statutes are
     amended to read:
      § 8601.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Acute care general hospital."  Any hospital which has an
     emergency room facility.
        "Advisory committee."  The Organ Donation Advisory Committee
     established under section 8622 (relating to The Governor Robert
     P. Casey Memorial Organ and Tissue Donation Awareness Trust
     Fund).
        "Bank or storage facility."  A facility licensed, accredited
     or approved under the laws of any state for storage of human
     bodies or parts thereof.
        "Board."  The Humanity Gifts Registry.
        "Decedent."  A deceased individual, including a stillborn
     infant or fetus.
        "Donor."  An individual who makes a gift of all or part of
     his body.
        "Fund."  The Governor Robert P. Casey Memorial Organ and
     Tissue Donation Awareness Trust Fund established under section
     8622 (relating to The Governor Robert P. Casey Memorial Organ
     and Tissue Donation Awareness Trust Fund).
        "Hospital."  An institution licensed in this Commonwealth
     having an organized medical staff established for the purpose of
     providing to inpatients, by or under the supervision of
     physicians, diagnostic and therapeutic services for the care of
     persons who are injured, disabled, pregnant, diseased, sick or
     mentally ill or rehabilitation services for the rehabilitation
     of persons who are injured, disabled, pregnant, diseased, sick
     or mentally ill. The term includes facilities for the diagnosis
     and treatment of disorders within the scope of specific medical
     specialties. The term does not include facilities caring
     exclusively for the mentally ill.
        "Organ procurement organization."  An organization that meets
     the requirements of section 371 of the Public Health Service Act
     (58 Stat. 682, 42 U.S.C. § 273).
        "Part."  Organs, tissues, eyes, bones, arteries, blood, other
     fluids and any other portions of a human body.
        "Person."  An individual, corporation, government or
     governmental subdivision or agency, business trust, estate,
     trust, partnership, association or any other legal entity.
        "Physician" or "surgeon."  A physician or surgeon licensed or
     authorized to practice under the laws of any state.
        "State."  Any state, district, commonwealth, territory,
     insular possession and any other area subject to the legislative
     authority of the United States of America.
        "Unlawful competition."  Conduct declared unlawful under
     section 3 of the act of December 17, 1968 (P.L.1224, No.387),
     known as the Unfair Trade Practices and Consumer Protection Law.
      § 8617.  Requests for anatomical gifts.
        * * *
        (f)  Guidelines.--
            (1)  The Department of Health, in consultation with organ
        procurement organizations, tissue procurement providers and
        the Hospital Association of Pennsylvania, donor recipients
        and family appointed pursuant to section 8622(c)(3) (relating
        to The Governor Robert P. Casey Memorial Organ and Tissue
        Donation Awareness Trust Fund) shall, within six months of
        the effective date of this chapter, do all of the following:
                (i)  Establish guidelines regarding efficient
            procedures facilitating the delivery of anatomical gift
            donations from receiving hospitals to procurement
            providers.
                (ii)  Develop guidelines to assist hospitals in the
            selection and designation of tissue procurement
            providers.
            (2)  Each organ procurement organization and each tissue
        procurement provider operating within this Commonwealth
        shall, within six months of the effective date of this
        chapter, file with the Department of Health, for public
        review, its operating protocols.
        * * *
      § 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 to the fund. The contribution shall be 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] 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 to [the] 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] 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
     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.
      § 8622.  The Governor Robert P. Casey Memorial Organ and Tissue
                Donation Awareness Trust Fund.
        (a)  Establishment.--All contributions received by the
     Department of Transportation under section 8621 (relating to The
     Governor Robert P. Casey Memorial Organ and Tissue Donation
     Awareness Trust Fund contributions) and the Department of
     Revenue under section 8618 (relating to voluntary contribution
     system) and the Department of Health under section 8617
     (relating to requests for anatomical gifts) shall be deposited
     into a special fund in the State Treasury to be known as [the]
     The Governor Robert P. Casey Memorial Organ and Tissue Donation
     Awareness Trust Fund, which is hereby established.
        * * *
        Section 2.  A reference to the Organ Donation Awareness Trust
     Fund in any other law shall be deemed a reference to The
     Governor Robert P. Casey Memorial Organ and Tissue Donation
     Awareness Trust Fund as if the reference to The Governor Robert
     P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund
     were specifically set forth therein.
        Section 3.  The Department of Revenue shall continue to use
     or recycle all forms which contain references to the Organ
     Donation Awareness Trust Fund for purposes of taxable years
     ending on or before December 31, 2000. For taxable years
     beginning on or after January 1, 2001, the Department of Revenue
     shall use forms which contain references to The Governor Robert
     P. Casey Memorial Organ and Tissue Donation Awareness Trust
     Fund.
        Section 4.  The Department of Transportation shall continue
     to use or recycle all forms which contain references to the
     Organ Donation Awareness Trust Fund until the existing forms are
     depleted.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE