71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2236
A-Engrossed
House Bill 2498
Ordered by the House May 10
Including House Amendments dated May 10
Sponsored by Representative KRUSE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates Interim Task Force on Embryo Adoptions. Specifies
duties of task force.
Sunsets January 2, 2004.
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to embryo adoptions; appropriating money; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is created an Interim Task Force on
Embryo Adoptions consisting of eight members. The Speaker of the
House of Representatives and the President of the Senate shall
each appoint four members of the task force. Members shall be
persons who are experienced in adoptions, infertility or related
legal, scientific and ethical issues. The chair of the House
Health and Public Advocacy Committee shall be an ad hoc member of
the task force.
(2) The task force shall:
(a) Gather information about reproductive technology and
science;
(b) Study embryo adoptions and the needs of infertile families;
(c) Propose guidelines and standards of practice that will
protect the interests of all involved parties to an embryo
adoption; and
(d) Consider the following specific issues:
(A) Whether a national clearinghouse or a federal policy exists
that controls the information that is held and the information
that is released about donors;
(B) Whether anyone owns or has authority over donor eggs and
the information about the donors;
(C) Whether donors have a right to have contact with or
information about the child and family;
(D) Whether the children, when grown, have a right to
information about the donor;
(E) What are reasonable fees to be paid by families for embryo
adoption services;
(F) Whether it is appropriate to pay fees to donors and, if
appropriate, what fees are reasonable;
(G) Whether there should be residency requirements for donors;
(H) Whether there should be post-placement follow up for
families in embryo adoptions similar to traditional adoptions;
(I) What professional competency or training requirements
should be established for practitioners;
(J) Who should license the placement agency or facilitator of
embryo adoptions;
(K) Who should have authority or jurisdiction over facilitators
and other practitioners;
(L) What are the liability issues;
(M) What are the implications of for-profit embryo adoption;
and
(N) Whether Oregon should encourage, discourage or prohibit the
practice of for-profit embryo adoption.
(3) The task force is subject to the provisions of ORS 171.605
to 171.635 and has the authority contained in ORS 171.505 and
171.510. The task force may file its written report at any time
within 30 days after its final meeting, or at such later time as
the Speaker of the House of Representatives and the President of
the Senate may designate.
(4) By no later than September 30, 2002, the task force shall
report to the appropriate interim committees of the Legislative
Assembly as directed by the Speaker of the House of
Representatives and the President of the Senate. The task force
shall report to the appropriate committees during the regular
session of the Seventy-second Legislative Assembly.
(5) A work plan consisting of a list of subjects for study by
the task force and the duration of the study shall be developed
by the Speaker of the House of Representatives and the President
of the Senate, in consultation with the task force chairperson.
The work plan developed for the task force shall be filed with
the Legislative Administrator.
(6) The Department of Human Services shall provide staff
necessary to the performance of the function of the task force.
(7) Members of the task force are entitled to compensation and
expenses under ORS 292.495. Claims for expenses incurred in
performing functions of the task force shall be paid out of funds
available for that purpose.
(8) All agencies, departments and officers of this state are
directed to assist the task force in the performance of its
functions, and to furnish such information and advice as the
members of the task force consider necessary to perform their
functions.
(9) Subject to the approval of the Emergency Board, the task
force created under this section may accept contributions of
funds and assistance from the United States Government, its
agencies or any other source, public or private, and agree to
conditions thereon not inconsistent with the purposes of the task
force. All such funds are to aid in financing the functions of
the task force and shall be deposited in the General Fund of the
State Treasury to the credit of separate accounts for the task
force and shall be disbursed for the purpose for which
contributed in the same manner as funds appropriated for the task
force.
(10) Official action by the task force created under this
section shall require the approval of a majority of the members.
All legislation recommended by official action of the task force
must indicate that it is introduced at the request of the task
force. Such legislation shall be prepared in time for presession
filing under ORS 171.130, for presentation to the regular session
of the Seventy-second Legislative Assembly. + }
SECTION 2. { + Section 1 of this 2001 Act is repealed January
2, 2004. + }
SECTION 3. { + There is appropriated to the Department of
Human Services, for the biennium beginning July 1, 2001, out of
the General Fund, the amount of $___ for the purpose of carrying
out section 1 of this 2001 Act. + }
SECTION 4. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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