An Act to provide a stipend to certain members of the National Guard who donate an organ for the purpose of transplantation to another individual.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 33-7:

If a member of the National Guard donates the member's organ for the purpose of transplantation to another individual, the Department of the Military must pay a stipend to the member.

If the member has an operation recovery time of two weeks or less, as certified by a licensed medical practitioner, the stipend must equal fifty percent of the member's active-duty basic monthly pay. If the member has a recovery time of more than two weeks, as certified by a licensed medical practitioner, the stipend must equal one hundred fifty percent of the member's active-duty basic monthly pay.

To be eligible for the stipend, the member shall:

(1) Follow all procedures and protocols established by the National Guard regarding the donation of an organ by a member;

(2) At least one month prior to the organ procurement operation, provide the Department of the Military notice of the member's intent to donate the organ; and

(3) Undergo the organ procurement operation at a transplant hospital, as defined in § 34-26-49.

A member qualifies for a stipend only if the member does not receive living donor paid leave from the member's employer.