An Act To Amend the Laws Regarding the Maine Organ and Tissue Donation Fund
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law allows Maine residents to donate to the Maine Organ and Tissue Donation Fund through a check-off option when obtaining or renewing a driver's license; and
Whereas, the donated funds are collected by the Secretary of State for use by the Organ Donation Advisory Council for the purposes of facilitating the education and registration of residents of the State in organ donation; and
Whereas, under current law the Secretary of State is required to report to the Treasurer of State the available funds for distribution to the fund; and
Whereas, means do not exist for the Organ Donation Advisory Council to be the fiscal administrator of the fund, and therefore the funds cannot be distributed as required by law; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 29-A MRSA §1312, sub-§2, as enacted by PL 2013, c. 127, §1 and affected by §5, is amended to read:
Sec. 2. 29-A MRSA §1402-B, sub-§4, as enacted by PL 2013, c. 127, §4 and affected by §5, is amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
This bill clarifies that the Secretary of State and not the Treasurer of State manages the Maine Organ and Tissue Donation Fund and distributes revenue to the Organ Donation Advisory Council, that all interest accrued by the fund becomes part of the fund and that the fund is nonlapsing.