An Act To Improve the Rate of Organ and Tissue Donation by Establishing the Organ Donation Advisory Council
Maine Legislature, Session 125, LD 0435
Committee Amendment CA_A_S57 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 139, L.D. 435, Bill, "An Act To 
Improve the Rate of Organ and Tissue Donation by Establishing the Organ Donation 
Advisory Council" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is a shortage of organs and tissue available to individuals with life-
threatening conditions; and 
Whereas, increasing the rates of organ and tissue donation is a critical function of 
the Organ Donation Advisory Council; 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,' 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 5 MRS A §12004-I, sub-§36-E is enacted to read: 
36-E. 
Human Services 
Organ Donation 
Advisory Council 
Not Authorized 
29-AMRSA 
§ 1402-B 
Amend the bill in section 4 in § 1402-B by striking out all of subsection 1 (page 1, 
lines 12 to 28 in L.D.) and inserting the following: 
'I. 
Appointment; composition; term; compensation. 
The Organ Donation 
Advisory Council, established by Title 5, section 12004-I, subsection 36-E, referred to in 
this section as "the council," consists of 10 members as follows: 
... ~ 
~~ 
COMMITTEE AMENDMENT "A "to S.P. 139, LD. 435 
A. The Secretary of State or the secretary's designee; 
B. 
The Commissioner of Health and Human Services or the commissioner's 
designee; 
C. A representative of the Department of the Secretary of State, Bureau of Motor 
Vehicles, appointed by the Secretary of State; 
D. The president of a statewide medical society, appointed by the President of the 
Senate; 
E. A representative of a federally designated organ procurement organization serving 
the State, appointed by the Speaker of the House of Representatives; 
F. Three members of the public with experience in the field of organ and tissue 
donation or transplantation, at least one of whom must be a recipient of a donated 
organ or tissue and at least one of whom must be a donor or a family member of a 
donor, appointed by the President of the Senate; and 
G. 
Two members of the public with experience in the field of organ and tissue 
donation or transplantation, at least one of whom must be a doctor experienced in 
organ and tissue transplantation, appointed by the Speaker of the House of 
Representatives. 
All appointed members are appointed for a term of 3 years. A vacancy must be filled in 
the same manner as the position was originally filled for the unexpired portion of the 
term. 
An appointed member may not serve for more than 2 consecutive tenns. 
Appointed members serve until their successors are appointed. Members serve without 
compensation. ' 
Amend the bill by adding before the SUlmnary the following: 
'Sec. 5. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
29-A, section 1402-B, subsection 1, of the initial appointments to the Organ Donation 
Advisory Council pursuant to Title 29-A, section 1402-B, subsection 1, the appointments 
made pursuant to paragraphs E and G and 2 of the appointments made pursuant to 
paragraph F are for 2 years. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
The amendment moves the Organ Donation Advisory Council in Title 5 from general 
government boards to the section on boards and commissions that are advisory with 
minimal authority. It clarifies the appointing authority of the members of the council and 
removes the requirement for some members to be confirmed by the Joint Standing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A"to S.P. 139, L.D. 435 
Committee on Health and Human Services and the Senate. It appoints 4 members of the 
council to a 2-year initial term to allow for staggered terms of membership. It adds an 
emergency preamble and clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/29111 
;;!;Pac:.. 
LD435 
LR 650(02) 
An Act To Improve the Rate of Organ and Tissue Donation by Establishing the Organ Donation 
Advisory Council 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" S .. 57 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Add itional costs to the Department of Secretary of State and to the Department of Health and Human Services 
associated with serving on the council can be absorbed with existing staff and within existing budgeted resources. 
LR0650(02) - Fiscal Note - Page I of I