Pennsylvania SB 108: 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.

Bill Text

2017-2018 Regular Session SB 108 PN 1659 Bill Text (HTM) 

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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 SUBSEC