First Substitute S.B. 15

Senator Karen Hale proposes the following substitute bill:

1 ORGAN DONATION CHECKOFF
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen Hale
5 This act enacts provisions authorizing a voluntary checkoff for motor vehicle registrations
6 and driver license applications and renewals for the purpose of promoting and supporting
7 organ donation. The act creates the Organ Donation Contribution Fund. The act modifies
8 the duties of the Department of Health to include administration of the fund. The act
9 provides an effective date.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 26-1-30, as last amended by Chapters 53 and 325, Laws of Utah 2001
13 ENACTS:
14 26-18b-101, Utah Code Annotated 1953
15 41-1a-230.5, Utah Code Annotated 1953
16 53-3-214.7, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 26-1-30 is amended to read:
19 26-1-30. Powers and duties of department.
20 (1) The department shall:
21 (a) enter into cooperative agreements with the Department of Environmental Quality to
22 delineate specific responsibilities to assure that assessment and management of risk to human
23 health from the environment are properly administered; and
24 (b) consult with the Department of Environmental Quality and enter into cooperative
25 agreements, as needed, to ensure efficient use of resources and effective response to potential

26 health and safety threats from the environment, and to prevent gaps in protection from potential
27 risks from the environment to specific individuals or population groups.
28 (2) In addition to all other powers and duties of the department, it shall have and exercise
29 the following powers and duties:
30 (a) promote and protect the health and wellness of the people within the state;
31 (b) establish, maintain, and enforce rules necessary or desirable to carry out the provisions
32 and purposes of this title to promote and protect the public health or to prevent disease and illness;
33 (c) investigate and control the causes of epidemic, infectious, communicable, and other
34 diseases affecting the public health;
35 (d) provide for the detection, reporting, prevention, and control of communicable,
36 infectious, acute, chronic, or any other disease or health hazard that the department considers to
37 be dangerous, important, or likely to affect the public health;
38 (e) collect and report information on causes of injury, sickness, death, and disability and
39 the risk factors that contribute to the causes of injury, sickness, death, and disability within the
40 state;
41 (f) collect, prepare, publish, and disseminate information to inform the public concerning
42 the health and wellness of the population, specific hazards, and risks that may affect the health and
43 wellness of the population and specific activities which may promote and protect the health and
44 wellness of the population;
45 (g) establish and operate programs necessary or desirable for the promotion or protection
46 of the public health and the control of disease or which may be necessary to ameliorate the major
47 causes of injury, sickness, death, and disability in the state, except that the programs shall not be
48 established if adequate programs exist in the private sector;
49 (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
50 exercise physical control over property and individuals as the department finds necessary for the
51 protection of the public health;
52 (i) close theaters, schools, and other public places and forbid gatherings of people when
53 necessary to protect the public health;
54 (j) abate nuisances when necessary to eliminate sources of filth and infectious and
55 communicable diseases affecting the public health;
56 (k) make necessary sanitary and health investigations and inspections in cooperation with

57 local health departments as to any matters affecting the public health;
58 (l) establish laboratory services necessary to support public health programs and medical
59 services in the state;
60 (m) establish and enforce standards for laboratory services which are provided by any
61 laboratory in the state when the purpose of the services is to protect the public health;
62 (n) cooperate with the Labor Commission to conduct studies of occupational health
63 hazards and occupational diseases arising in and out of employment in industry, and make
64 recommendations for elimination or reduction of the hazards;
65 (o) cooperate with the local health departments, the Department of Corrections, the
66 Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
67 Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
68 victims of a sexual offense;
69 (p) investigate the cause of maternal and infant mortality;
70 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
71 and drivers of motor vehicles killed in highway accidents be examined for the presence and
72 concentration of alcohol;
73 (r) provide the commissioner of public safety with monthly statistics reflecting the results
74 of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
75 derived from the examinations is not used for a purpose other than the compilation of statistics
76 authorized in this Subsection (2)(r);
77 (s) establish qualifications for individuals permitted to draw blood pursuant to Section
78 41-6-44.10 , and to issue permits to individuals it finds qualified, which permits may be terminated
79 or revoked by the department;
80 (t) establish a uniform public health program throughout the state which includes
81 continuous service, employment of qualified employees, and a basic program of disease control,
82 vital and health statistics, sanitation, public health nursing, and other preventive health programs
83 necessary or desirable for the protection of public health;
84 (u) adopt rules and enforce minimum sanitary standards for the operation and maintenance
85 of:
86 (i) orphanages;
87 (ii) boarding homes;

88 (iii) summer camps for children;
89 (iv) lodging houses;
90 (v) hotels;
91 (vi) restaurants and all other places where food is handled for commercial purposes, sold,
92 or served to the public;
93 (vii) tourist and trailer camps;
94 (viii) service stations;
95 (ix) public conveyances and stations;
96 (x) public and private schools;
97 (xi) factories;
98 (xii) private sanatoria;
99 (xiii) barber shops;
100 (xiv) beauty shops;
101 (xv) physicians' offices;
102 (xvi) dentists' offices;
103 (xvii) workshops;
104 (xviii) industrial, labor, or construction camps;
105 (xix) recreational resorts and camps;
106 (xx) swimming pools, public baths, and bathing beaches;
107 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
108 centers, and places used for public gatherings; and
109 (xxii) of any other facilities in public buildings and on public grounds;
110 (v) conduct health planning for the state;
111 (w) monitor the costs of health care in the state and foster price competition in the health
112 care delivery system;
113 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
114 Chapter 21, Health Care Facility Licensing and Inspection Act; [and]
115 (y) license the provision of child care[.]; and
116 (z) accept contributions to and administer the funds contained in the Organ Donation
117 Contribution Fund created in Section 26-18b-101 .
118 Section 2. Section 26-18b-101 is enacted to read:

119 CHAPTER 18b. ORGAN DONATION CONTRIBUTION FUND
120 26-18b-101. Organ Donation Contribution Fund created.
121 (1) (a) There is created a special revenue fund known as the Organ Donation Contribution
122 Fund.
123 (b) The Organ Donation Contribution Fund shall consist of:
124 (i) private contributions;
125 (ii) donations or grants from public or private entities;
126 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7 ; and
127 (iv) interest and earnings on fund monies.
128 (c) The cost of administering the Organ Donation Contribution Fund shall be paid from
129 monies in the fund.
130 (2) The Department of Health shall:
131 (a) administer the funds deposited in the Organ Donation Contribution Fund;
132 (b) select qualified organizations and distribute the funds in the Organ Donation
133 Contribution Fund in accordance with Subsection (3); and
134 (c) make an annual report on the fund to the Health and Human Services Appropriations
135 Subcommittee.
136 (3) (a) The funds in the Organ Donation Contribution Fund may be distributed to a
137 selected organization that:
138 (i) promotes and supports organ donation;
139 (ii) assists in maintaining and operating a statewide organ donation registry; and
140 (iii) provides donor awareness education.
141 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may apply
142 to the Department of Health, in a manner prescribed by the department, to receive a portion of the
143 monies contained in the Organ Donation Contribution Fund.
144 Section 3. Section 41-1a-230.5 is enacted to read:
145 41-1a-230.5. Registration checkoff for promoting and supporting organ donation.
146 (1) A person who applies for a motor vehicle registration or registration renewal may
147 designate a voluntary contribution of $2 for the purpose of promoting and supporting organ
148 donation.
149 (2) This contribution shall be:

150 (a) collected by the division;
151 (b) treated as a voluntary contribution to the Organ Donation Contribution Fund created
152 in Section 26-18b-101 and not as a motor vehicle registration fee; and
153 (c) transferred to the Organ Donation Contribution Fund created in Section 26-18b-101
154 at least monthly, less actual administrative costs associated with collecting and transferring the
155 contributions.
156 Section 4. Section 53-3-214.7 is enacted to read:
157 53-3-214.7. License checkoff for promoting and supporting organ donation.
158 (1) A person who applies for a license or license renewal may designate a voluntary
159 contribution of $2 for the purpose of promoting and supporting organ donation.
160 (2) This contribution shall be:
161 (a) collected by the division;
162 (b) treated as a voluntary contribution to the Organ Donation Contribution Fund created
163 in Section 26-18b-101 and not as a license fee; and
164 (c) transferred to the Organ Donation Contribution Fund created in Section 26-18b-101
165 at least monthly, less actual administrative costs associated with collecting and transferring the
166 contributions.
167 Section 5. Effective date.
168 This act takes effect on July 1, 2002.