HOUSE BILL No. 4029
January 8, 1997, Introduced by Reps. Martinez and Brewer and referred to the Committee on Transportation.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 10102 and 10104 (MCL 333.10102 and
333.10104).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 10102. (1) An individual of sound mind and 18 years of
2 age or more may give MAKE A GIFT OF all or any A physical
3 part of the individual's HIS OR HER body for any A purpose
4 specified in section 10103, the gift to take effect EFFECTIVE
5 upon THAT INDIVIDUAL'S death.
6 (2) Any of the following persons, in order of priority
7 stated, when persons in prior classes are not available at the
8 time of death, and in the absence of actual notice of contrary
9 indications by the decedent or actual notice of opposition by a
10 member of the same or a prior class, UPON OR IMMEDIATELY BEFORE
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1 THE DEATH OF AN INDIVIDUAL WHO HAS NOT MADE A GIFT OF ALL OR A
2 PHYSICAL PART OF HIS OR HER BODY UNDER THIS PART, AN INDIVIDUAL
3 HAVING THE FOLLOWING RELATIONSHIP TO THAT INDIVIDUAL may, give
4 IN THE FOLLOWING ORDER OF PRIORITY AND SUBJECT TO SUBSECTION (3),
5 MAKE A GIFT OF all or any A physical part of the decedent's
6 THE DECEDENT INDIVIDUAL'S body for any A purpose specified in
7 section 10103:
8 (a) The spouse.
9 (b) An adult son or daughter.
10 (c) Either parent.
11 (d) An adult brother or sister.
12 (e) A guardian of the person of the decedent at the time of
13 the death.
14 (f) Any other person AN INDIVIDUAL OTHER THAN AN INDIVID-
15 UAL DESCRIBED IN SUBDIVISIONS (A) TO (E) authorized or under
16 obligation to dispose of the body.
17 (3) AN INDIVIDUAL DESCRIBED IN SUBSECTION (2) MAY MAKE A
18 GIFT OF ALL OR A PHYSICAL PART OF A DECEDENT'S BODY PURSUANT TO
19 THIS PART IF EACH OF THE FOLLOWING CIRCUMSTANCES EXISTS:
20 (A) NO OTHER PERSON HAVING GREATER PRIORITY TO MAKE THE GIFT
21 IS AVAILABLE OR CAPABLE OF MAKING THE DECISION AT THE TIME OF THE
22 DECEDENT'S DEATH.
23 (B) THE PERSON MAKING THE GIFT HAS NOT RECEIVED ACTUAL
24 NOTICE THAT THE DECEDENT HAD EXPRESSED AN UNWILLINGNESS TO MAKE
25 THE GIFT.
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1 (C) THE PERSON MAKING THE GIFT HAS NOT RECEIVED ACTUAL
2 NOTICE THAT AN INDIVIDUAL HAVING EQUAL OR GREATER PRIORITY UNDER
3 SUBSECTION (2) OPPOSES THE MAKING OF THE GIFT.
4 (4) (3) If the donee has actual notice of contrary indi-
5 cations by THAT the decedent HAD EXPRESSED AN UNWILLINGNESS TO
6 MAKE THE GIFT, or that a gift by a member of a class is opposed
7 by a member of the same or a prior class, the donee AN INDIVID-
8 UAL HAVING PRIORITY EQUAL TO OR GREATER THAN THAT OF THE INDIVID-
9 UAL MAKING THE GIFT UNDER SUBSECTION (2) OPPOSES THE MAKING OF
10 THE GIFT, THE DONEE shall not accept the gift. The persons
11 authorized by subsection (2) may make the gift after or immedi-
12 ately before death.
13 (5) (4) A gift of all or a physical part of a body autho-
14 rizes any examination necessary to assure medical acceptability
15 of the gift for the purposes intended.
16 (6) (5) The rights of the donee created by the gift are
17 paramount to the rights of others except as provided by section
18 10108(4).
19 Sec. 10104. (1) A gift of all or a physical part of the
20 body under section 10102(1) may be made by will. The gift
21 becomes effective upon the death of the testator without waiting
22 for probate. If the will is not probated, or if it is declared
23 invalid for testamentary purposes, the gift, to the extent that
24 it has been acted upon in good faith, is nevertheless valid and
25 effective.
26 (2) A gift of all or a physical part of the body under
27 section 10102(1) may also be made by document other than a will.
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1 The gift becomes effective upon the death of the donor. The
2 SUBJECT TO SUBSECTIONS (3) AND (4), THE document , which may be
3 a card designed to be carried on the person, shall be signed by
4 the donor in the presence of 2 witnesses who shall sign the docu-
5 ment in the donor's presence. If the donor cannot sign, the doc-
6 ument may be signed for the donor at his or her direction and in
7 his or her presence in the presence of 2 witnesses who shall sign
8 the document in the donor's presence. Delivery of the document
9 of gift during the donor's lifetime is not necessary to make the
10 gift valid. MAY BE 1 OR MORE OF THE FOLLOWING:
11 (A) A PERSONAL IDENTIFICATION CARD ISSUED TO THE DONOR BY
12 THE SECRETARY OF STATE PURSUANT TO 1972 PA 222, MCL 28.291 TO
13 28.295, THAT BEARS ON ITS FACE EACH OF THE FOLLOWING, SUBJECT TO
14 LIMITATIONS, CONDITIONS, OR ADDITIONAL TERMS, IF ANY, SET FORTH
15 ON THE REVERSE SIDE:
16 (i) A DESIGNATION THAT THE PERSON INTENDS TO DONATE ORGANS
17 OR TISSUE IN THE EVENT OF DEATH.
18 (ii) THE DONOR'S SIGNATURE.
19 (B) A MOTOR VEHICLE OPERATOR'S OR CHAUFFEUR'S LICENSE ISSUED
20 TO THE DONOR BY THE SECRETARY OF STATE PURSUANT TO THE MICHIGAN
21 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, THAT BEARS ON
22 ITS FACE EACH OF THE FOLLOWING, SUBJECT TO LIMITATIONS, CONDI-
23 TIONS, OR ADDITIONAL TERMS, IF ANY, SET FORTH ON THE REVERSE
24 SIDE:
25 (i) A DESIGNATION THAT THE LICENSEE INTENDS TO DONATE ORGANS
26 OR TISSUE IN THE EVENT OF DEATH.
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1 (ii) THE DONOR'S SIGNATURE.
2 (C) A document which THAT conforms substantially TO
3 SUBDIVISION (A) OR (B) OR to the following form: is sufficient
4 for the purposes of this subsection:
5 Uniform Donor Card
6 of...............................................................
7 Print or type name of donor
8 In the hope that I may help ot