GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1197

Short Title:  Living Will/Organ Don. Registry.	(Public)

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Sponsors: Representatives Fox; and Luebke.

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Referred to:  Rules, Calendar and Operations of the House.

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May 1, 1997

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE A STUDY OF THE ESTABLISHMENT OF A STATEWIDE REGISTRY OF PERSONS WHO HAVE EXECUTED LIVING WILLS AND WHO HAVE CONSENTED TO BE ORGAN DONORS, AND TO APPROPRIATE FUNDS THEREFOR.
The General Assembly of North Carolina enacts:
Section 1.  (a) There is established the Legislative Study Commission on Living Will/Organ Donation State Registry.  The purpose of the Commission is to study the feasibility of establishing a statewide registry of persons who have executed documents pertaining to declarations of a desire for a natural death, commonly referred to as "living wills", and pertaining to human organ donation.
(b)	The Commission shall consist of 12 members as follows:
(1)	Four Representatives, appointed by the Speaker of the House of Representatives.
(2)	Four Senators, appointed by the President Pro Tempore of the Senate.
(3)	One practicing attorney and one medical doctor appointed by the Speaker of the House of Representatives.
(4)	One practicing attorney and one medical doctor appointed by the President Pro Tempore of the Senate.
The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall appoint as cochairs of the Commission from the General Assembly membership to serve on this Commission.  All members shall serve at the will of their appointing officer.  Unless removed or unless resigning, members shall serve until the Commission has made its report. Vacancies in membership shall be filled by the appropriate appointing officer.
(c)	The Commission shall review the feasibility, desirability, and possible methods of making available statewide a registry of persons who have lawfully executed the following:
(1)	Declaration of a Desire for a Natural Death, Health Care Power of Attorney, or other document serving the same or similar purpose and commonly referred to as a "living will"; and
(2)	Documents indicating a person's consent to donate the person's organs upon the person's death.
The purpose of the registry would be to allow emergency and other health care personnel to readily ascertain and attempt to accommodate certain wishes of persons who are in the care of and are unable to communicate their wishes to emergency and other health care personnel.  The Commission may study other related matters necessary for meeting its purpose.
(d)	The  Commission may contract for consultant services as provided by G.S. 120-32.02.  Upon approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to assist in the work of the Commission.  The professional staff shall include the appropriate staff from the Fiscal Research, Research, and Legislative Drafting Divisions of the Legislative Services Office of the General Assembly. Clerical staff shall be furnished to the Commission through the offices of House of Representatives and Senate Supervisors of Clerks.  The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission.  The Commission, while in the discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120-19 through G.S. 120-19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information and any data within their possession or ascertainable from their records, and the power to subpoena witnesses.
Members of the Commission shall receive per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are members of the General Assembly, at the rate established in G.S. 120-3.1;
(2)	Commission members who are officials or employees of the State or of local government agencies, at the rate established in G.S. 138-6; and
(3)	All other Commission members, at the rate established in G.S. 138-5.
(e)	The Commission may make an interim report to the 1997 General Assembly, Regular Session 1998, and shall make its final report to the 1999 General Assembly upon its convening.     The Commission shall terminate upon filing its final report.
Section 2. There is appropriated from the General Fund to the General Assembly the sum of forty thousand dollars ($40,000) for the 1997-98 fiscal year and the sum of forty thousand dollars ($40,000) for the 1998-99 fiscal year to carry out the study established under this act.
Section 3. This act becomes effective July 1, 1997.