BILL NUMBER: SB 689 CHAPTERED
BILL TEXT
CHAPTER 665
FILED WITH SECRETARY OF STATE OCTOBER 7, 2005
APPROVED BY GOVERNOR OCTOBER 7, 2005
PASSED THE SENATE SEPTEMBER 8, 2005
PASSED THE ASSEMBLY AUGUST 30, 2005
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN SENATE MAY 27, 2005
AMENDED IN SENATE APRIL 26, 2005
AMENDED IN SENATE APRIL 11, 2005
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Speier
(Principal coauthor: Senator Denham)
(Principal coauthor: Assembly Member Lieber)
(Coauthors: Senators Bowen, Figueroa, Kuehl, and Scott)
(Coauthors: Assembly Members Benoit, Jones, Leno, Maze, Pavley,
and Sharon Runner)
FEBRUARY 22, 2005
An act to amend Section 12811 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 689, Speier Vehicles: organ and tissue donors: registry.
Existing law authorizes the creation of a nonprofit entity
designated as the California Organ and Tissue Donor Registrar, which
is required to establish and maintain the California Organ and Tissue
Donor Registry.
Existing law requires the Department of Motor Vehicles, upon
issuance of a new driver's license or a renewal of a driver's license
or the issuance of an identification card, to provide information on
organ and tissue donation, including a standardized form to be
filled out by an individual who desires to enroll in the California
Organ and Tissue Donor Registry with instructions for mailing the
completed form to the California Organ and Tissue Donor Registrar,
and including a donor dot that may be affixed to the new driver's
license or identification card.
This bill, instead, would require the department to collect donor
designation information on all applications for an original or
renewal driver's license or identification card.
The bill would require the department to electronically transmit
donor designation information on a weekly basis to Donate Life
California, a nonprofit organization, that is designated as the
California Organ and Tissue Donor Registrar.
The bill would require the department to print the word "DONOR" or
another appropriate designation on the face of a driver's license or
identification card issued to certain persons registered as donors.
The bill would authorize a person who applies for an original or
renewal driver's license, or identification card to designate a
voluntary contribution of $2 for the purpose of promoting and
supporting organ and tissue donation. The bill would require this
contribution to be collected by the department, and treated as a
voluntary contribution to Donate Life California and not as a fee for
issuance of a driver's license or identification card.
The bill would create the Donate Life California Trust Subaccount
in the Motor Vehicle Account in the State Transportation Fund. The
bill would require the department to deposit the remaining moneys
contributed, after deduction of specified administrative costs, in
the Donate Life California Trust Subaccount, which would be
continuously appropriated to the Controller for allocation to Donate
Life California for the purpose of increasing participation in organ
donation programs.
The bill would authorize a person between the age of 16 and 18 to
designate himself or herself as an organ and tissue donor, subject to
that person's legal guardian making the final decision regarding the
donation.
The bill would become operative on July 1, 2006.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12811 of the Vehicle Code is amended to read:
12811. (a) (1) (A) When the department determines that the
applicant is lawfully entitled to a license, it shall issue to the
person a driver's license as applied for. The license shall state the
class of license for which the licensee has qualified and shall
contain the distinguishing number assigned to the applicant, the date
of expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph of
the licensee for the purpose of identification, and space for the
signature of the licensee.
(B) Each license shall also contain a space for the endorsement of
a record of each suspension or revocation thereof.
(C) The department shall use whatever process or processes, in the
issuance of engraved or colored licenses, that prohibit, as near as
possible, the ability to alter or reproduce the license, or prohibit
the ability to superimpose a picture or photograph on the license
without ready detection.
(2) In addition to the requirements of paragraph (1), a license
issued to a person under 18 years of age shall display the words
"provisional until age 18."
(b) (1) The front of an application for an original or renewal of
a driver's license or identification card shall contain a space for
any applicant, age 16 or older, to give his or her consent to be an
organ and tissue donor upon death. An applicant who gives consent
shall be directed to read a statement on the back of the application
that shall contain the following statement:
"If you marked on the front of the application that you want to be
an organ and tissue donor upon death, your consent shall serve as a
legally binding document as outlined under the California Uniform
Anatomical Gift Act. Except in the case where the donor is under the
age of 18, the donation does not require the consent of any other
person. For donors under the age of 18, the legal guardian of the
donee shall make the final decision regarding the donation. If you
want to change your decision to consent in the future, or if you want
to limit the donation to specific organs or tissues, you must
contact Donate Life California by mail at 1760 Creekside Oaks Drive,
#160, Sacramento, CA 95833, or through the World Wide Web at
www.donateLIFEcalifornia.org, or www.doneVIDAcalifornia.org."
(2) Notwithstanding any other provision of law, a person under
age 18 may register as a donor. However, the legal guardian of that
person shall make the final decision regarding the donation.
(3) The department shall collect donor designation information on
all applications for an original or renewal driver's license or
identification card.
(4) The department shall print the word "DONOR" or another
appropriate designation on the face of a driver's license or
identification card to a person who registered as a donor on a form
issued under this section.
(5) On a weekly basis, the department shall electronically
transmit to Donate Life California, a nonprofit organization
established and designated as the California Organ and Tissue Donor
Registrar pursuant to Section 7152.7 of the Health and Safety Code,
all of the following information on every applicant that has
indicated his or her willingness to participate in the organ donation
program:
(A) His or her true full name.
(B) His or her residence or mailing address.
(C) His or her date of birth.
(D) His or her California driver's license number or
identification card number.
(6) (A) A person who applies for an original or renewal driver's
license or identification card may designate a voluntary contribution
of two dollars ($2) for the purpose of promoting and supporting
organ and tissue donation. This contribution shall be collected by
the department, and treated as a voluntary contribution to Donate
Life California and not as a fee for the issuance of a driver's
license or identification card.
(B) The department may use the donations collected under this
paragraph to cover its actual administrative costs incurred under
paragraphs (3) to (5), inclusive. The department shall deposit all
revenue derived under this paragraph and remaining after the
department's deduction for administrative costs in the Donate Life
California Trust Subaccount, which is hereby created in the Motor
Vehicle Account in the State Transportation Fund. Notwithstanding
Section 13340 of the Government Code, all revenue in this subaccount
is continuously appropriated, without regard to fiscal years, to the
Controller for allocation to Donate Life California and shall be
expended for the purpose of increasing participation in organ
donation programs.
(7) The enrollment form shall be posted on the Internet Web sites
for the department and the California Health and Human Services
Agency.
(8) The enrollment shall constitute a legal document under the
Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code) and
shall remain binding after the donor's death despite any express
desires of next of kin opposed to the donation. Except as provided in
paragraph (2) of subdivision (b), the donation does not require the
consent of any other person.
(9) Donate Life California shall ensure that all additions and
deletions to the California Organ and Tissue Donor Registry,
established pursuant to Section 7152.7 of the Health and Safety Code,
shall occur within 30 days of receipt.
(10) Information obtained by Donate Life California for the
purposes of this subdivision shall be used for these purposes only
and shall not be disseminated further by Donate Life California.
(c) A public entity or employee shall not be liable for any loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
(d) A contract shall not be awarded to any nongovernmental entity
for the processing of driver's licenses, unless the contract conforms
to all applicable state contracting laws and all applicable
procedures set forth in the State Contracting Manual.
(e) This section shall become operative on July 1, 2006.