STAND. COM. REP. NO. 3049

Honolulu, Hawaii

RE:    H.B. No. 2661

       H.D. 2

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 2661, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ANATOMICAL GIFTS,"

begs leave to report as follows:

     The purpose of this measure is to improve the availability of organ donations by establishing that, when an authorized person other than the decedent approves an anatomical gift of the decedent's body or body parts, only an express statement by a person or persons authorized to amend or revoke the earlier approval will amend or revoke that decision.

     Your Committee finds that organ transplants save lives, and, nationally, an average of eighteen people die each day from the lack of available organs for transplant.  When a person has not specified that his or her organs may be donated, decisions by relatives regarding whether to donate the person's organs may occur at the emotionally difficult time of the person's impending death.  Different relatives or other authorized persons may have conflicting ideas about donation and may not consult with each other regarding this sensitive decision.  Your Committee believes that the intent of this measure is to clarify that, under these circumstances, an equivocal statement amending or revoking an earlier approval of an anatomical gift by another relative should not override that earlier, clear approval of the gift.

     Your Committee has amended this measure by making technical, nonsubstantive changes to further clarify the intent of the measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2661, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2661, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair