Bill Text: NJ S290 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires State Treasurer to disseminate information about organ and tissue donation; designates April each year as "Donate Life Month." *
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-05-27 - Referred to Senate Budget and Appropriations Committee [S290 Detail]
Download: New_Jersey-2010-S290-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington and Camden)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Co-Sponsored by:
Senators Ciesla, Kyrillos, Singer, Cardinale, Sweeney, Buono, Sarlo, Rice and T.Kean
SYNOPSIS
Requires dissemination of organ and tissue donation by State Treasurer, Personnel Commissioner, State contractors, and preparers of advanced health care directives; designates April of each year as Donate Life Month.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning organ and tissue donation information and supplementing and amending various parts of statutory law and repealing P.L.1999, Joint Resolution No. 3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New Section) The Department of Treasury shall, at least once during the month of April, disseminate organ and tissue donation information in accordance with the provision of the "Uniform Anatomical Gift Act," P.L.1969, c.161 (C.26:6-57 et seq.) with each State employee paycheck. The information may be provided by an organ and tissue donation organization.
2. (New Section) The Department of Treasury shall require all persons awarded contracts with the State, as defined in section 2 of P.L.1987, c.184 (C.52:32-33), to participate in the "Workplace Partnership for Life" program. All State contractors shall notify employees, through information and materials, of organ donation options but shall not require employee participation. Each contractor may create its own donor awareness programs.
3. N.J.S.11A:2-11 is amended to read as follows:
11A:2-11. Powers and duties of the commissioner. In addition to other powers and duties vested in the commissioner by this title or any other law, the commissioner:
a. Shall be the principal executive and request officer of the department, allocating the functions and activities of the department among departmental subdivisions as the commissioner may establish;
b. May appoint one deputy commissioner, who shall be in the unclassified service, and may appoint other necessary employees. All employees shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100
(C.34:13A-1 et seq.);
c. Shall maintain a management information system necessary to carry out the provisions of this title;
d. Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title;
e. Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title;
f. Shall establish and supervise the selection process and employee performance evaluation procedures;
g. Shall develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives;
h. Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commissioner of appeals from classification, salary, layoff rights and in the State service noncontractual grievances;
i. May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title;
j. Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees;
k. May establish an internship program;
l. Shall assist the Governor in general work force planning, personnel matters and labor relations;
m. Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups;
n. Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required. The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service;
o. Shall have the authority to assess costs for special or other services; [and]
p. Shall recommend rules to the board for the implementation of this title; and
q. Shall, at least annually, distribute information regarding organ and tissue donation and make the information available in such locations and forms, as deemed appropriate, during the period annually when open enrollment for the State Health Benefits Program, established pursuant to P.L.1961, c.49 (C.52:14-17.25 et seq.), is conducted by the Division of Pensions and Benefits in the Department of Treasury.
(cf: N.J.S.11A:2-11)
4. Section 4 of P.L.1999, c.201 (C.26:2H-56) is amended to read as follows:
4. A declarant may execute an advance directive for health care at any time. The advance directive shall be signed and dated by, or at the direction of, the declarant in the presence of two subscribing adult witnesses, who shall attest that the declarant is of sound mind and free of duress and undue influence. A designated health care representative shall not act as a witness to the execution of an advance directive. Alternatively, the advance directive shall be signed and dated by, or at the direction of, the declarant and be acknowledged by the declarant before a notary public, attorney at law, or other person authorized to administer oaths. An advance directive may be supplemented by a video or audio tape recording. A female declarant may include in an advance directive executed by her, information as to what effect the advance directive shall have if she is pregnant.
Any person preparing an advance directive for health care for someone other than him or herself shall provide organ and tissue donation information options to that person.
(cf: P.L.1991, c.201, s.4)
5. (New Section) The month of April in each year is designated as "Donate Life Month" in the State of New Jersey, and the citizens of New Jersey are urged to observe the month with appropriate activities and programs.
Each year, the Governor, or the Governor's designee, shall hold a program designed to increase organ and tissue donor awareness and hold a ceremony to honor the donors, transplant recipients and family members of the donors and transplant recipients, currently or formerly residing in this State.
6. P.L.1999, Joint Resolution No.3 (C.36:2-51) is repealed.
7. This act shall take effect 90 days from enactment.
STATEMENT
This bill requires the dissemination of organ and tissue donation information through various sources.
The Department of Treasury is required to include organ and tissue donation information with employee paychecks during the month of April, which is National and State Donate Life Month. The Department of Personnel is required, at least once annually, to distribute information regarding organ and tissue donation during the open enrollment period for the State Health Benefits Program. Both departments will make the information available in such forms and locations as deemed appropriate. The information is intended to inform and educate employees about the importance of organ and tissue donation and the options and programs available.
This bill also requires State contractors to participate in the "Workplace Partnership for Life" program. This program notifies employees of organ and tissue donation options but does not require participation. It is flexible in that it allows entities to create their own donor awareness programs. Over 200 businesses in New Jersey currently participate in the program.
This bill also requires any person preparing an advance directive for health care (also referred to as living wills), for someone other than him or herself, to provide that person with information regarding organ and tissue donation options.
Finally, this bill repeals National Organ and Tissue Donor Awareness Week in this State and creates a National Donate Life Month for the month of April each year. The Governor, or the Governor's designee, is required to annually hold a program designed to increase organ and tissue donor awareness, as well as a ceremony to honor the donors, transplant recipients and family members of the donors and transplant recipients, currently or formerly residing in this State.
Organ and tissue donation may save or prolong the life or improve the health of extremely ill and dying persons and may improve or enhance the lives of many others. One organ and tissue donor can save several lives and enhance the health of others; however, each day people die due to lack of donated organs and tissues. In 2003, 362 New Jersey residents and their families donated organs and tissues providing the gift of life to 787 area residents. As of January 2004, 3,832 New Jerseyeans were on the waiting list to receive organ donations and transplants. Currently, more than 4,300 men, women and children in the region and 85,000 persons in the United States are on the waiting list to receive a life saving organ and tissue donation and/or transplant.
