Pennsylvania Act 1998-74 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND

Act text

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - AMEND
                  Act of Jun. 18, 1998, P.L. 529, No. 74              Cl. 20
                             Session of 1998
                               No. 1998-74

     HB 1502

                                  AN ACT

     Amending Title 20 (Decedents, Estates and Fiduciaries) of the
        Pennsylvania Consolidated Statutes, further providing for
        persons who may execute anatomical gifts and for
        contributions to the Organ Donation Awareness Trust Fund.

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

        Section 1.  Sections 8611(a) and 8621 of Title 20 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 8611.  Persons who may execute anatomical gift.
        (a)  General rule.--Any individual of sound mind and 18 years
     of age or more may give all or any part of his body for any
     purpose specified in section 8612 (relating to persons who may
     become donees; purposes for which anatomical gifts may be made),
     the gift to take effect upon death. Any individual who is a
     minor and 16 years or age or older may effectuate a gift for any
     purpose specified in section 8612, provided parental or guardian
     consent is deemed given. Parental or guardian consent shall be
     noted on the minor's donor card, application for the donor's
     learner's permit or driver's license or other document of gift.
     A gift of the whole body shall be invalid unless made in writing
     at least 15 days prior to the date of death[.] or consent is
     obtained from the legal next of kin. Where there are adult
     children of the deceased who are not children of the surviving
     spouse, their consent shall also be required for a gift of the
     whole body for anatomical study.
        * * *
      § 8621.  Organ 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 Organ 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 Organ 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 Organ
     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 Organ Donation Awareness Trust
     Fund. The Organ 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.
        Section 2.  This act shall take effect as follows:
            (1)  The amendment of 20 Pa.C.S. § 8621 shall take effect
        July 1, 1999.
            (2)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 18th day of June, A. D. 1998.

     THOMAS J. RIDGE