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H.B. 258 Enrolled
Gerry A. Adair
Jeff Alexander
Sheryl L. Allen
Brian R. Allen
Eli H. Anderson
Patrice Arent
John B. Arrington
Loretta Baca
Steve Barth
Ralph Becker
Ron Bigelow
Duane Bourdeaux
DeMar Bud Bowman
Afton B. Bradshaw
Melvin R. Brown
Katherine Bryson
Perry Buckner
Judy Ann Buffmire
Don E. Bush
Craig W. Buttars
Mary Carlson
Orville D. Carnahan
Blake D. Chard
Gary F. Cox
Greg J. Curtis
Margaret Dayton
Marda Dillree
Beverly Ann Evans
Christine R. Fox
Lloyd W. Frandsen
Kevin S. Garn
David L. Gladwell
Brent H. Goodfellow
James R. Gowans
Wayne A. Harper
Byron L. Harward
Thomas Hatch
J. Brent Haymond
Neal B. Hendrickson
John W. Hickman
Dave Hogue
Bryan D. Holladay
Fred R. Hunsaker
Dennis H. Iverson
Keele Johnson
Bradley T. Johnson
David M. Jones
Robert H. M. Killpack
Brad King
Peter C. Knudson
Susan J. Koehn
Patricia B. Larson
Joseph G. Murray
Lowell A. Nelson
Evan L. Olsen
Tammy J. Rowan
Carl R. Saunders
Jack A. Seitz
Raymond W. Short
Richard M. Siddoway
Martin R. Stephens
Nora B. Stephens
Michael R. Styler
John E. Swallow
Jordan Tanner
Daniel H. Tuttle
A. Lamont Tyler
David Ure
John L. Valentine
Richard L. Walsh
Glenn Way
Bill Wright
David L. Zolman
AN ACT RELATING TO HEALTH; RENAMING THE CHILDREN'S ORGAN TRANSPLANT
COORDINATING COMMITTEE IN HONOR OF REPRESENTATIVE KURT
OSCARSON; AMENDING COMMITTEE MEMBERSHIP; ALLOWING FUNDING
FOR PUBLIC EDUCATION; AND REMOVING REPEAL DATES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-18a-1, as last amended by Chapter 4, Laws of Utah 1993
26-18a-2, as last amended by Chapter 243, Laws of Utah 1996
26-18a-3, as last amended by Chapter 36, Laws of Utah 1996
26-18a-4, as enacted by Chapter 131, Laws of Utah 1992
49-10-101 (Repealed 07/01/97), as last amended by Chapter 151, Laws of Utah 1995
59-10-550, as enacted by Chapter 131, Laws of Utah 1992
63-55-226, as last amended by Chapters 25 and 266, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-18a-1 is amended to read:
26-18a-1. Definitions.
As used in this chapter:
(1) "Children" or "child" means a person under the age of 18.
(2) "Committee" means the Kurt Oscarson Children's Organ Transplant Coordinating
Committee.
(3) "Trust account" means the restricted account within the General Fund created in Section
26-18a-4.
Section 2. Section 26-18a-2 is amended to read:
26-18a-2. Creation and membership of Kurt Oscarson Children's Organ Transplant
Coordinating Committee -- Expenses.
(1) There is created the Kurt Oscarson Children's Organ Transplant Coordinating
Committee.
(2) The committee shall have [
(a) the executive [
Department of Health[
(b) two representatives from [
with providing support and financial assistance to the children and families of children who need
organ transplants; and
(c) two individuals who have had organ transplants, have children who have had organ
transplants, who work with families or children who have had or are awaiting organ transplants, or
community leaders or volunteers who have demonstrated an interest in working with families or
children in need of organ transplants.
(3) The governor shall appoint the committee members and designate the [
from among [
(4) (a) (i) Members who are not government employees [
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(5) The [
support staff for the committee.
[
Section 3. Section 26-18a-3 is amended to read:
26-18a-3. Purpose of committee.
(1) The committee shall work to:
(a) provide financial assistance for initial medical expenses of children who need organ
transplants; [
(b) obtain the assistance of volunteer and public service organizations [
(c) fund activities as the committee designates for the purpose of educating the public about
the need for organ donors.
(2) (a) The committee is responsible for awarding financial assistance funded by the trust
account.
(b) The financial assistance awarded by the committee under Subsection (1)(a) shall be in
the form of interest free loans. The committee may establish terms for repayment of the loans,
including a waiver of the requirement to repay any awards if, in the committee's judgment,
repayment of the loan would impose an undue financial burden on the recipient.
(c) In making financial awards under Subsection (1)(a), the committee shall consider:
(i) need;
(ii) coordination with or enhancement of existing services or financial assistance, including
availability of insurance or other state aid;
(iii) the success rate of the particular organ transplant procedure needed by the child; and
(iv) the extent of the threat to the child's life without the organ transplant.
(3) The committee may only provide the assistance described in this section to children who
have resided in [
at least six months prior to the date of assistance under this section.
(4) (a) The committee may expend up to 5% of its annual appropriation for administrative
costs associated with the allocation of funds from the trust account.
(b) The administrative costs shall be used for the costs associated with staffing the
committee and for State Tax Commission costs in implementing Section 59-10-550.
(5) The committee shall make an annual report to the Health and Human Services
Appropriations Subcommittee regarding the programs and services funded by contributions to the
trust account.
Section 4. Section 26-18a-4 is amended to read:
26-18a-4. Creation of Kurt Oscarson Children's Organ Transplant Trust Account.
(1) There is created a restricted account within the General Fund pursuant to Section 51-5-4
known as the Kurt Oscarson Children's Organ Transplant Trust Account. Private contributions
received under this section and Section 59-10-550 shall be deposited into the trust account to be used
only for the programs and purposes described in Section 26-18a-3.
(2) Money shall be appropriated from the trust account to the committee in accordance with
Title 63, Chapter 38, Budgetary Procedures Act.
(3) In addition to funds received under Section 59-10-550, the committee may accept
transfers, grants, gifts, bequests, or any money made available from any source to implement this
chapter.
Section 5. Section 49-10-101 (Repealed 07/01/97) is amended to read:
49-10-101 (Repealed 07/01/97). Definitions.
As used in this chapter:
(1) "Checkoff" means:
(a) one of the restricted accounts created by Section 49-10-302;
(b) the wildlife resources account created by Section 23-14-13 for use by the state Nongame
Wildlife Program;
(c) the homeless trust account created by Section 9-4-803;
(d) a contribution to the State Board of Regents for libraries and library equipment
authorized by Section 59-10-549;
(e) a contribution to the foundation of any school district or any chapter of the Utah Public
Education Foundation authorized by Section 59-10-549;
(f) the Kurt Oscarson Children's Organ Transplant Trust Account created by Section
26-18a-4;
(g) a contribution to the General Fund for any general government purpose; and
(h) the Preservation of Hill Air Force Base Expendable Trust Fund created by Section
49-10-303.
(2) "Claimant" means a person entitled to receive payment from the state under the
settlement agreement.
(3) "Documentation" means the forms, releases, waivers, transfers, and other written or
printed agreements or conditions that must be signed by claimants in order to complete the terms of
the settlement agreement.
(4) "Fund" means the Federal Retirees Settlement Fund created by Section 49-10-301.
(5) "Lawsuit" means the case entitled Brumley, et al. v. Utah Tax Commission, Third
District Court, State of Utah, Civil Number 89-0903618.
(6) "Settlement Agreement" means the written contract executed by the governor under
authority of this chapter to settle the lawsuit.
Section 6. Section 59-10-550 is amended to read:
59-10-550. Checkoff for children's organ transplants -- Credit to Kurt Oscarson
Children's Organ Transplant Trust Account.
(1) Any taxpayer who files a return pursuant to Section 59-10-502 may designate on the
return a contribution of the amount of his refund, if any, or any other amount in excess of $1 to the
trust account created in Section 26-18a-4.
(2) Any amount designated as a contribution to this trust account shall be deducted from the
individual's state tax refund and, if a joint return, is a joint contribution. This option, once exercised,
is irrevocable during the tax year in which it was effective. If no refund is due, the taxpayer may
remit any contribution over $1 with the return.
(3) The commission may make rules to implement this section.
(4) The commission shall determine annually the total amount designated under this section
and shall report the amount to the state treasurer, who shall credit the amount to the restricted
account created in Section 26-18a-4.
(5) This section applies to calendar-year taxpayers beginning January 1, 1992, and to
fiscal-year taxpayers for any part of the taxable year accruing after December 31, 1992, and to each
subsequent taxable year [
Section 7. Section 63-55-226 is amended to read:
63-55-226. Repeal dates, Title 26.
(1) The Health Data Committee, created in Section 26-1-7, is repealed July 1, 1999.
(2) The Utah Health Advisory Council, created in Section 26-1-7.5, is repealed July 1, 2001.
(3) The Executive Director's Office, created in Section 26-1-8, is repealed July 1, 2001.
(4) The Office of the Medical Examiner, created in Title 26, Chapter 4, is repealed July 1,
2000.
(5) The Medical Examiner Committee, created in Section 26-4-3, is repealed July 1, 2000.
(6) The Division of Family Health Services, created in Title 26, Chapter 10, is repealed July
1, 2000.
(7) Title 26, Chapter 18, Medical Assistance Act, is repealed July 1, 2004.
(8) The Division of Health Care Financing, created in Section 26-18-2.1, is repealed July
1, 2004.
(9) The following divisions and offices created by the Department of Health under Section
26-1-13 are repealed on the following dates:
(a) The Division of Community Health Services is repealed July 1, 1997.
(b) The State Health Laboratory is repealed July 1, 2001.
(10) The recycling fee imposed under Section 26-32a-104 in Title 26, Chapter 32a, Waste
Tire Recycling Act, is repealed July 1, 2000.
(11) Section 26-32a-114 is repealed July 1, 2000.
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