Bill Status of HB 2339   98th General Assembly


Short Description:  ANATOMICAL GIFT ACT RE-WRITE

House Sponsors
Rep. William Davis and Camille Y. Lilly

Senate Sponsors
(Sen. James F. Clayborne, Jr.-Don Harmon)


Last Action  View All Actions

DateChamber Action
  8/5/2013HousePublic Act . . . . . . . . . 98-0172

Statutes Amended In Order of Appearance
755 ILCS 50/1-5
755 ILCS 50/1-10was 755 ILCS 50/2
755 ILCS 50/5-5was 755 ILCS 50/3
755 ILCS 50/5-7 new
755 ILCS 50/5-12 new
755 ILCS 50/5-15was 755 ILCS 50/4.5
755 ILCS 50/5-20was 755 ILCS 50/5
755 ILCS 50/5-25
755 ILCS 50/5-27was 755 ILCS 60/3.5
755 ILCS 50/5-35was 755 ILCS 50/6
755 ILCS 50/5-42 new
755 ILCS 50/5-43 new
755 ILCS 50/5-45was 755 ILCS 50/8
755 ILCS 50/5-47 new
755 ILCS 50/5-50was 755 ILCS 50/8.1
755 ILCS 50/5-55 new
755 ILCS 50/5-10 rep.
755 ILCS 50/5-30 rep.
755 ILCS 50/5-40 rep.

Synopsis As Introduced
Amends the Illinois Anatomical Gift Act. In the purpose Section, adds that a purpose of the Act is to establish consistency between the Act and the core provisions of the Revised Uniform Anatomical Gift Act of 2006. Makes other changes throughout the Act in Sections concerning: definitions; persons who may execute an anatomical gift; the preclusive effect of an anatomical gift, amendment, or revocation; donor and donee eligibility; execution of anatomical gifts; notification; consent; family rights and options after circulatory death; refusal to make anatomical gifts; rights and duties at death; rights and duties of procurement organizations; payment for anatomical gift; choice of law as to the execution of document of anatomical gift; and presumption of validity. Repeals, relocates, and re-writes the provisions of Sections concerning: (i) persons who may become donees and purposes for which anatomical gifts may be made; and (ii) amending and revoking anatomical gifts before a donor's death. Repeals a Section concerning corneal transplants.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill, but makes the following changes: (1) in the purpose Section, adds that a purpose of the Act is to encourage anatomical gifts for therapy, research, or education, and makes corresponding changes; (2) restores the definition of "close friend"; (3) changes the definition of "death"; (4) defines "disinterested witness" and "document of gift"; (5) in the definition of "non-transplant anatomic bank", removes references to the Eye Bank Association of America; (6) deletes exclusionary language from the definition of "reasonably available for the giving of consent or refusal"; (7) modifies the list of persons who may give consent for an anatomical gift; (8) provides that a person other than the donor is barred from changing (instead of "making"), amending, or revoking an anatomical gift of a donor's body or part in certain situations; (9) to the list of purposes for which a non-transplant anatomic bank may use an anatomical gift, adds research; (10) makes a change in the Section concerning notification and consent; (11) in the Section concerning family rights and options after circulatory death, replaces a reference to "cardiac death" with "circulatory death"; and (12) deletes language requiring a procurement organization to conduct a reasonable search for the parents of certain minors and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

House Committee Amendment No. 2
Changes a reference to "the Revised Uniform Anatomical Gift Act of 2006" to "the Revised Uniform Anatomical Gift Act drafted by the National Conference of Commissioners on Uniform State Laws". Provides that provisions concerning the preclusive effect of an anatomical gift, amendment, or revocation apply subject to a subsection of the applicable Section, instead of except as otherwise provided in the Section. To match references in other portions of the Act, changes "organ procurement agency" to "organ procurement organization" and "cardiac death" to "circulatory death".

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with provisions substantially similar to the engrossed bill. Provides for the authorization, rather than consent to, of an anatomical gift. Provides than an agent under a health care power of attorney may authorize an anatomical gift. Makes changes concerning revocation of an anatomical gift. Makes changes concerning evaluation of suitability of a donated body or part. Defines the terms "donee" and "recipient". Effective January 1, 2014.

Actions 
DateChamber Action
  2/19/2013HouseFiled with the Clerk by Rep. William Davis
  2/19/2013HouseFirst Reading
  2/19/2013HouseReferred to Rules Committee
  2/25/2013HouseAssigned to Judiciary
  3/13/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. William Davis
  3/13/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/14/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/15/2013HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. William Davis
  3/15/2013HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/18/2013HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary
  3/20/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/20/2013HouseHouse Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote
  3/20/2013HouseDo Pass as Amended / Short Debate Judiciary; 016-000-000
  3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2013HouseSecond Reading - Short Debate
  4/8/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2013HouseThird Reading - Short Debate - Passed 111-000-000
  4/10/2013SenateArrive in Senate
  4/10/2013SenatePlaced on Calendar Order of First Reading
  4/10/2013SenateChief Senate Sponsor Sen. James F. Clayborne, Jr.
  4/10/2013SenateFirst Reading
  4/10/2013SenateReferred to Assignments
  4/23/2013SenateAssigned to Judiciary
  5/1/2013SenatePostponed - Judiciary
  5/7/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  5/7/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/7/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/7/2013SenateSenate Committee Amendment No. 1 Adopted
  5/8/2013SenateDo Pass as Amended Judiciary; 007-000-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/8/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  5/20/2013SenateSecond Reading
  5/20/2013SenatePlaced on Calendar Order of 3rd Reading May 21, 2013
  5/22/2013SenateThird Reading - Passed; 056-000-000
  5/22/2013HouseArrived in House
  5/22/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/22/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. William Davis
  5/22/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/27/2013HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  5/28/2013HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/28/2013HouseHouse Concurs
  5/28/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  8/5/2013HouseGovernor Approved
  8/5/2013HouseEffective Date January 1, 2014
  8/5/2013HousePublic Act . . . . . . . . . 98-0172

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