HB 1034-1_ Filed 01/27/2000, 13:21

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
1

MR. SPEAKER:

    Your Committee on       Roads and Transportation     , to which was referred       House Bill 1034     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Replace the effective dates in SECTIONS 1 through 5 with "[EFFECTIVE JANUARY 1, 2001]".

SOURCE: Page 1, line 2; (00)CR103401.1. -->     Page 1, line 2, strike "nonprobationary".
    Page 1, line 8, strike "nonprobationary".
    Page 1, line 15, delete "nonprobationary".
    Page 2, before line 1, begin a new paragraph and insert:
SOURCE: IC 9-24-17-7; (00)CR103401.3. -->     "SECTION 3. IC 9-24-17-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 7. (a) Upon request the bureau shall make available to an individual who is less than eighteen (18) years of age an anatomical gift card that identifies the individual as an organ donor. Before issuing an individual who is less than eighteen (18) years of age may make an anatomical gift, card, the bureau must obtain and document the consent required under section 8 of this chapter and the consent of the individual's parent or guardian.
    (b) The bureau may charge a fee to an individual obtaining making

an anatomical gift card under subsection (a) section 1 of this chapter. The fee must equal an amount necessary to cover the cost of making available the anatomical a document that acknowledges the making of the gift. card.".

SOURCE: Page 2, line 11; (00)CR103401.2. -->     Page 2, line 11, strike "operator's or chauffeur's" and insert " driver's".
    Page 2, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 29-2-16-2; (00)CR103401.4. -->     "SECTION 4. IC 29-2-16-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2001]: Sec. 2. (a) Any individual:
        (1) of sound mind and eighteen (18) years of age or more; or
        (2) less than eighteen (18) years of age who obtains an anatomical gift card the consent of the individual's parent or guardian as required under IC 9-24-17-7 ;
may give all or any part of the individual's body for any purpose specified in section 3 of this chapter, the gift to take effect upon death. An individual may limit a gift made under this chapter or IC 9-24-17 to one (1) of the purposes specified in section 3 of this chapter. An individual may refuse to make a gift of all or part of the individual's body.
    (b) Any of the following individuals, in order of priority stated when individuals in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in section 3 of this chapter:
        (1) the spouse;
        (2) a son or daughter, at least eighteen (18) years of age;
        (3) either parent;
        (4) a grandparent;
        (5) a brother or sister, at least eighteen (18) years of age; or
        (6) a guardian of the person of the decedent at the time of his death.
A gift made by an individual under this subsection may be revoked by an individual in the same or prior class as the individual making the gift, if the individual doing the removal of an organ receives notice of the revocation before the organ is removed. A failure to make a gift under this subsection is not an objection to the making of a gift, and an

individual in a subsequent class may make a gift under this subsection.
    (c) If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class if opposed by a member of the same or a prior class, the donee shall not accept the gift. The individuals authorized by subsection (b) may make the gift after or immediately before death.
    (d) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
    (e) The rights of the donee created by the gift are paramount to the rights of others except as provided by section 7(d) of this chapter.".

SOURCE: Page 4, line 26; (00)CR103401.4. -->     Page 4, line 26, strike "operator's or chauffeur's" and insert " driver's".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1034 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Cook


CR103401/DI 51    2000