An Act To Amend the Laws Regarding the Maine Organ and Tissue Donation Fund
Maine Legislature, Session 127, LD 0528
Committee: Transportation
Sponsors: DIAMOND
Amends: 29-A MRSA §1312, 29-A MRSA §1402-B

Legislative Document 
No. 528 
S.P. 197 
In Senate, February 26, 2015 
An Act To Amend the Laws Regarding the Maine Organ and Tissue 
Donation Fund 
(EMERGENCY) 
Reference to the Committee on Transportation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. 
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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §1312, sub-§2, as enacted by PL 2013, c. 127, §1 and 
affected by §5, is amended to read: 
2.  Contributions credited to Maine Organ and Tissue Donation Fund.  The 
Secretary of State shall determine annually the total amount contributed pursuant to 
subsection 1.  Prior to the beginning of the next year, the  All interest earned by the fund 
pursuant to section 1402-B, subsection 4 becomes part of the fund.  The Secretary of 
State shall deduct the cost of administering the Maine Organ and Tissue Donation Fund 
checkoff and report the remainder to the Treasurer of State, who shall forward that 
amount to the Maine Organ and Tissue Donation Fund, not to exceed 1% of the total 
donations collected.  Any balance remaining in the fund at the end of the fiscal year does 
not lapse but is carried forward into subsequent fiscal years.  Fund revenue must be 
collected, managed, deposited, invested and disbursed to the Organ Donation Advisory 
Council under section 1402-B by the Secretary of State. 
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: 
4.  Maine Organ and Tissue Donation Fund.  The Maine Organ and Tissue 
Donation Fund, referred to in this subsection as "the fund," is established as an interest-
bearing account administered by the council for the purpose of facilitating the education 
and registration of residents of the State in organ donation Secretary of State.  Any 
private or public funds appropriated, allocated, dedicated or donated to the fund, 
including from the Maine Organ and Tissue Donation Fund checkoff under section 1312, 
must be deposited into the fund as well as income from any other source directed to the 
fund.  All interest earned by the fund becomes part of the fund.  Any balance remaining 
in the fund at the end of the fiscal year does not lapse but is carried forward into 
subsequent fiscal years.  All money received into the fund must be used by the council for 
the purposes of the fund except that balances in the fund may be used facilitating the 
education and registration of residents of the State in organ donation and for the 
necessary administrative expenses of the council in the administration of the fund. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
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.