H.B. 258

1

KURT OSCARSON CHILDREN'S ORGAN
2 TRANSPLANT COMMITTEE
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gene Davis
6 Gary F. Cox
7 Patrice Arent
Duane Bourdeaux
Ralph Becker
Brad King
Perry Buckner

8 AN ACT RELATING TO HEALTH; RENAMING THE CHILDREN'S ORGAN TRANSPLANT
9 COORDINATING COMMITTEE IN HONOR OF REPRESENTATIVE KURT OSCARSON;
10 AMENDING COMMITTEE MEMBERSHIP; ALLOWING FUNDING FOR PUBLIC
11 EDUCATION; AND REMOVING REPEAL DATES.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 26-18a-1, as last amended by Chapter 4, Laws of Utah 1993
15 26-18a-2, as last amended by Chapter 243, Laws of Utah 1996
16 26-18a-3, as last amended by Chapter 36, Laws of Utah 1996
17 26-18a-4, as enacted by Chapter 131, Laws of Utah 1992
18 49-10-101 (Repealed 07/01/97), as last amended by Chapter 151, Laws of Utah 1995
19 59-10-550, as enacted by Chapter 131, Laws of Utah 1992
20 63-55-226, as last amended by Chapters 25 and 266, Laws of Utah 1996
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 26-18a-1 is amended to read:
23 CHAPTER 18a. KURT OSCARSON CHILDREN'S ORGAN
24 TRANSPLANT COORDINATING COMMITTEE
25 26-18a-1. Definitions.
26 As used in this chapter:
27 (1) "Children" or "child" means a person under the age of 18.

1 (2) "Committee" means the Kurt Oscarson Children's Organ Transplant Coordinating
2 Committee.
3 (3) "Trust account" means the restricted account within the General Fund created in
4 Section 26-18a-4.
5 Section 2. Section 26-18a-2 is amended to read:
6 26-18a-2. Creation and membership of Kurt Oscarson Children's Organ Transplant
7 Coordinating Committee -- Expenses.
8 (1) There is created the Kurt Oscarson Children's Organ Transplant Coordinating
9 Committee.
10 (2) The committee shall have [six] five members representing the following:
11 (a) the executive [directors] director of the [Department of Human Services and the]
12 Department of Health, or [their designees] his designee;
13 (b) two representatives from [federal] public or private agencies and organizations
14 concerned with providing support and financial assistance to the children and families of children
15 who need organ transplants; and
16 (c) two individuals who have had organ transplants, have children who have had organ
17 transplants, who work with families or children who have had or are awaiting organ transplants,
18 or community leaders or volunteers who have demonstrated an interest in working with families
19 or children in need of organ transplants.
20 (3) The governor shall appoint the committee members and designate the chairperson from
21 among [these people] the committee members.
22 (4) (a) (i) Members who are not government employees [shall] receive no compensation
23 or benefits for their services, but may receive per diem and expenses incurred in the performance
24 of the member's official duties at the rates established by the Division of Finance under Sections
25 63A-3-106 and 63A-3-107.
26 (ii) Members may decline to receive per diem and expenses for their service.
27 (b) (i) State government officer and employee members who do not receive salary, per
28 diem, or expenses from their agency for their service may receive per diem and expenses incurred
29 in the performance of their official duties from the committee at the rates established by the
30 Division of Finance under Sections 63A-3-106 and 63A-3-107.
31 (ii) State government officer and employee members may decline to receive per diem and

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1 expenses for their service.
2 (5) The [Department of Human Services and the] Department of Health shall provide
3 support staff for the committee.
4 [(6) The committee created by this chapter is dissolved at the end of the 1997 taxable
5 year.]
6 Section 3. Section 26-18a-3 is amended to read:
7 26-18a-3. Purpose of committee.
8 (1) The committee shall work to:
9 (a) provide financial assistance for initial medical expenses of children who need organ
10 transplants; [and]
11 (b) obtain the assistance of volunteer and public service organizations [to educate]; and
12 (c) fund activities as the committee designates for the purpose of educating the public
13 about the need for organ donors.
14 (2) (a) The committee is responsible for awarding financial assistance funded by the trust
15 account.
16 (b) The financial assistance awarded by the committee under Subsection (1)(a) shall be
17 in the form of interest free loans. The committee may establish terms for repayment of the loans,
18 including a waiver of the requirement to repay any awards if, in the committee's judgment,
19 repayment of the loan would impose an undue financial burden on the recipient.
20 (c) In making financial awards under Subsection (1)(a) the committee shall consider:
21 (i) need;
22 (ii) coordination with or enhancement of existing services or financial assistance, including
23 availability of insurance or other state aid;
24 (iii) the success rate of the particular organ transplant procedure needed by the child; and
25 (iv) the extent of the threat to the child's life without the organ transplant.
26 (3) The committee may only provide the assistance described in this section to children
27 who have resided in [the state of] Utah, or whose legal guardians have resided in [the state of] Utah
28 for at least six months prior to the date of assistance under this section.
29 (4) (a) The committee may expend up to 5% of its annual appropriation for administrative
30 costs associated with the allocation of funds from the trust account.
31 (b) The administrative costs shall be used for the costs associated with staffing the

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1 committee and for State Tax Commission costs in implementing Section 59-10-550.
2 (5) The committee shall make an annual report to the Health and Human Services
3 Appropriations Subcommittee regarding the programs and services funded by contributions to the
4 trust account.
5 Section 4. Section 26-18a-4 is amended to read:
6 26-18a-4. Creation of Kurt Oscarson Children's Organ Transplant Trust Account.
7 (1) There is created a restricted account within the General Fund pursuant to Section
8 51-5-4 known as the Kurt Oscarson Children's Organ Transplant Trust Account. Private
9 contributions received under this section and Section 59-10-550 shall be deposited into the trust
10 account to be used only for the programs and purposes described in Section 26-18a-3.
11 (2) Money shall be appropriated from the trust account to the committee in accordance
12 with Title 63, Chapter 38, Budgetary Procedures Act.
13 (3) In addition to funds received under Section 59-10-550, the committee may accept
14 transfers, grants, gifts, bequests, or any money made available from any source to implement this
15 chapter.
16 Section 5. Section 49-10-101 (Repealed 07/01/97) is amended to read:
17 49-10-101 (Repealed 07/01/97). Definitions.
18 As used in this chapter:
19 (1) "Checkoff" means:
20 (a) one of the restricted accounts created by Section 49-10-302;
21 (b) the wildlife resources account created by Section 23-14-13 for use by the state
22 Nongame Wildlife Program;
23 (c) the homeless trust account created by Section 9-4-803;
24 (d) a contribution to the State Board of Regents for libraries and library equipment
25 authorized by Section 59-10-549;
26 (e) a contribution to the foundation of any school district or any chapter of the Utah Public
27 Education Foundation authorized by Section 59-10-549;
28 (f) the Kurt Oscarson Children's Organ Transplant Trust Account created by Section
29 26-18a-4;
30 (g) a contribution to the General Fund for any general government purpose; and
31 (h) the Preservation of Hill Air Force Base Expendable Trust Fund created by Section

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1 49-10-303.
2 (2) "Claimant" means a person entitled to receive payment from the state under the
3 settlement agreement.
4 (3) "Documentation" means the forms, releases, waivers, transfers, and other written or
5 printed agreements or conditions that must be signed by claimants in order to complete the terms
6 of the settlement agreement.
7 (4) "Fund" means the Federal Retirees Settlement Fund created by Section 49-10-301.
8 (5) "Lawsuit" means the case entitled Brumley, et al. v. Utah Tax Commission, Third
9 District Court, State of Utah, Civil Number 89-0903618.
10 (6) "Settlement Agreement" means the written contract executed by the governor under
11 authority of this chapter to settle the lawsuit.
12 Section 6. Section 59-10-550 is amended to read:
13 59-10-550. Checkoff for children's organ transplants -- Credit to Kurt Oscarson
14 Children's Organ Transplant Trust Account.
15 (1) Any taxpayer who files a return pursuant to Section 59-10-502 may designate on the
16 return a contribution of the amount of his refund, if any, or any other amount in excess of $1 to the
17 trust account created in Section 26-18a-4.
18 (2) Any amount designated as a contribution to this trust account shall be deducted from
19 the individual's state tax refund and, if a joint return, is a joint contribution. This option, once
20 exercised, is irrevocable during the tax year in which it was effective. If no refund is due, the
21 taxpayer may remit any contribution over $1 with the return.
22 (3) The commission may make rules to implement this section.
23 (4) The commission shall determine annually the total amount designated under this
24 section and shall report the amount to the state treasurer, who shall credit the amount to the
25 restricted account created in Section 26-18a-4.
26 (5) This section applies to calendar-year taxpayers beginning January 1, 1992, and to
27 fiscal-year taxpayers for any part of the taxable year accruing after December 31, 1992, and to each
28 subsequent taxable year [until the end of the 1997 taxable year].
29 Section 7. Section 63-55-226 is amended to read:
30 63-55-226. Repeal dates, Title 26.
31 (1) The Health Data Committee, created in Section 26-1-7, is repealed July 1, 1999.

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1 (2) The Utah Health Advisory Council, created in Section 26-1-7.5, is repealed July 1,
2 2001.
3 (3) The Executive Director's Office, created in Section 26-1-8, is repealed July 1, 2001.
4 (4) The Office of the Medical Examiner, created in Title 26, Chapter 4, is repealed July
5 1, 2000.
6 (5) The Medical Examiner Committee, created in Section 26-4-3, is repealed July 1, 2000.
7 (6) The Division of Family Health Services, created in Title 26, Chapter 10, is repealed
8 July 1, 2000.
9 (7) Title 26, Chapter 18, Medical Assistance Act, is repealed July 1, 2004.
10 (8) The Division of Health Care Financing, created in Section 26-18-2.1, is repealed July
11 1, 2004.
12 (9) The following divisions and offices created by the Department of Health under Section
13 26-1-13 are repealed on the following dates:
14 (a) The Division of Community Health Services is repealed July 1, 1997.
15 (b) The State Health Laboratory is repealed July 1, 2001.
16 (10) The recycling fee imposed under Section 26-32a-104 in Title 26, Chapter 32a, Waste
17 Tire Recycling Act, is repealed July 1, 2000.
18 (11) Section 26-32a-114 is repealed July 1, 2000.
19 [(12) The Children's Organ Transplant Coordinating Committee created in Title 26,
20 Chapter 18a, is repealed at the end of the 1997 taxable year.]




Legislative Review Note
as of 1-22-97 10:49 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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