BILL NUMBER: AB 1132 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones
FEBRUARY 27, 2009
An act to add Section 4150.3 to the Vehicle Code, relating to
anatomical gifts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1132, as introduced, Jones. Vehicle registration: organ and
tissue donation.
Existing law, the Uniform Anatomical Gift Act, regulates the
making of anatomical gifts and the disposition of donated bodies and
body parts.
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. Existing law also provides that a
person who applies for an original or renewal driver's license or
identification card may designate a voluntary contribution of $2 for
the purpose of promoting and supporting organ and tissue donation.
This bill would, except as specified, require the department upon
issuance of an original or renewal of vehicle registration to include
information on its application forms 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.
This bill would enact similar provisions as those specified above
that require the collection and electronic transmission of donor
designation information, including the making of a voluntary
contribution of $2 to the registry for the purpose of promoting and
supporting organ and tissue donation.
The bill would also require the registry enrollment form to be
posted on the Internet Web sites for the department and the
California Health and Human Services Agency and would authorize the
department to use not more than 5% of the donations collected under
these provisions to cover its actual administrative costs. The bill
would require the registrar of the registry to ensure that all
additions and deletions to the registry shall occur within 30 days of
receipt.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
AB 1132, as introduced, Jones. Vehicle registration: organ and
tissue donation.
Existing law, the Uniform Anatomical Gift Act, regulates the
making of anatomical gifts and the disposition of donated bodies and
body parts.
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. Existing law also provides that a
person who applies for an original or renewal driver's license or
identification card may designate a voluntary contribution of $2 for
the purpose of promoting and supporting organ and tissue donation.
This bill would, except as specified, require the department upon
issuance of an original or renewal of vehicle registration to include
information on its application forms 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.
This bill would enact similar provisions as those specified above
that require the collection and electronic transmission of donor
designation information, including the making of a voluntary
contribution of $2 to the registry for the purpose of promoting and
supporting organ and tissue donation.
The bill would also require the registry enrollment form to be
posted on the Internet Web sites for the department and the
California Health and Human Services Agency and would authorize the
department to use not more than 5% of the donations collected under
these provisions to cover its actual administrative costs. The bill
would require the registrar of the registry to ensure that all
additions and deletions to the registry shall occur within 30 days of
receipt.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
AB 1132, as introduced, Jones. Vehicle registration: organ and
tissue donation.
Existing law, the Uniform Anatomical Gift Act, regulates the
making of anatomical gifts and the disposition of donated bodies and
body parts.
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. Existing law also provides that a
person who applies for an original or renewal driver's license or
identification card may designate a voluntary contribution of $2 for
the purpose of promoting and supporting organ and tissue donation.
This bill would, except as specified, require the department upon
issuance of an original or renewal of vehicle registration to include
information on its application forms 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.
This bill would enact similar provisions as those specified above
that require the collection and electronic transmission of donor
designation information, including the making of a voluntary
contribution of $2 to the registry for the purpose of promoting and
supporting organ and tissue donation.
The bill would also require the registry enrollment form to be
posted on the Internet Web sites for the department and the
California Health and Human Services Agency and would authorize the
department to use not more than 5% of the donations collected under
these provisions to cover its actual administrative costs. The bill
would require the registrar of the registry to ensure that all
additions and deletions to the registry shall occur within 30 days of
receipt.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4150.3 is added to the Vehicle Code, to read:
4150.3. (a) Upon issuance of an original or renewal vehicle of
registration, the department shall 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 pursuant to subdivision (a) of Section 7152.7 of the
Health and Safety Code.
(b) The department shall collect donor designation information on
all applications for issuance of an original or renewal vehicle
registration.
(c) The department shall electronically transmit donor designation
information collected under this section to the California Organ and
Tissue Donor Registrar on a weekly basis.
(d) A person who applies for issuance of an original or renewal
vehicle registration 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 the California
Organ and Tissue Donor Registry and not as a fee for the issuance of
vehicle registration.
(e) The department may use not more than 5 percent of the
donations collected under this section to cover its actual
administrative costs incurred under this section. The department
shall transmit all revenue derived under this section and remaining
after the department's deduction for administrative costs to the
registrar for support of the registry.
(f) The department's application forms for the issuance of
original and renewal vehicle registration shall include information
directing persons who desire to change their donor status to the
California Organ and Tissue Donor Registry's Internet Web site.
(g) The registry enrollment form shall be simple in design and
shall be produced by the department in cooperation with the
California Organ and Tissue Donor Registrar and shall require all of
the following information to be supplied by an enrollee:
(1) Date of birth, sex, full name, and other information deemed
necessary to provide a positive identification of an individual.
(2) Consent for organs or tissues to be donated for transplant
after death.
(3) Any limitation of the donation to specific organs or tissues.
(h) The registry enrollment form shall also include both of the
following:
(1) A description of the process for having a name removed from
the registry, and the process for donating money for the benefit of
the registry.
(2) A statement that the name of any person who enrolls in the
registry pursuant to this section shall be made available to
federally recognized donor organizations.
(i) The registry enrollment form shall be posted on the Internet
Web sites for the department and the California Health and Human
Services Agency.
(j) The registry enrollment form 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.
(k) The registrar shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
(l) Information obtained by the registrar for the purposes of this
subdivision shall be used for these purposes only and shall not be
disseminated further by the registrar.
(m) 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
this section.
(n) This section does not apply to the registration of a
commercial vehicle, as defined in subdivision (b) of Section 15210,
or a vehicle registration issued to a renter, as defined in Section
508.
SECTION 1. Section 4150.3 is added to the Vehicle Code, to read:
4150.3. (a) Upon issuance of an original or renewal vehicle of
registration, the department shall 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 pursuant to subdivision (a) of Section 7152.7 of the
Health and Safety Code.
(b) The department shall collect donor designation information on
all applications for issuance of an original or renewal vehicle
registration.
(c) The department shall electronically transmit donor designation
information collected under this section to the California Organ and
Tissue Donor Registrar on a weekly basis.
(d) A person who applies for issuance of an original or renewal
vehicle registration 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 the California
Organ and Tissue Donor Registry and not as a fee for the issuance of
vehicle registration.
(e) The department may use not more than 5 percent of the
donations collected under this section to cover its actual
administrative costs incurred under this section. The department
shall transmit all revenue derived under this section and remaining
after the department's deduction for administrative costs to the
registrar for support of the registry.
(f) The department's application forms for the issuance of
original and renewal vehicle registration shall include information
directing persons who desire to change their donor status to the
California Organ and Tissue Donor Registry's Internet Web site.
(g) The registry enrollment form shall be simple in design and
shall be produced by the department in cooperation with the
California Organ and Tissue Donor Registrar and shall require all of
the following information to be supplied by an enrollee:
(1) Date of birth, sex, full name, and other information deemed
necessary to provide a positive identification of an individual.
(2) Consent for organs or tissues to be donated for transplant
after death.
(3) Any limitation of the donation to specific organs or tissues.
(h) The registry enrollment form shall also include both of the
following:
(1) A description of the process for having a name removed from
the registry, and the process for donating money for the benefit of
the registry.
(2) A statement that the name of any person who enrolls in the
registry pursuant to this section shall be made available to
federally recognized donor organizations.
(i) The registry enrollment form shall be posted on the Internet
Web sites for the department and the California Health and Human
Services Agency.
(j) The registry enrollment form 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.
(k) The registrar shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
(l) Information obtained by the registrar for the purposes of this
subdivision shall be used for these purposes only and shall not be
disseminated further by the registrar.
(m) 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
this section.
(n) This section does not apply to the registration of a
commercial vehicle, as defined in subdivision (b) of Section 15210,
or a vehicle registration issued to a renter, as defined in Section
508.
SECTION 1. Section 4150.3 is added to the Vehicle Code, to read:
4150.3. (a) Upon issuance of an original or renewal vehicle of
registration, the department shall 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 pursuant to subdivision (a) of Section 7152.7 of the
Health and Safety Code.
(b) The department shall collect donor designation information on
all applications for issuance of an original or renewal vehicle
registration.
(c) The department shall electronically transmit donor designation
information collected under this section to the California Organ and
Tissue Donor Registrar on a weekly basis.
(d) A person who applies for issuance of an original or renewal
vehicle registration 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 the California
Organ and Tissue Donor Registry and not as a fee for the issuance of
vehicle registration.
(e) The department may use not more than 5 percent of the
donations collected under this section to cover its actual
administrative costs incurred under this section. The department
shall transmit all revenue derived under this section and remaining
after the department's deduction for administrative costs to the
registrar for support of the registry.
(f) The department's application forms for the issuance of
original and renewal vehicle registration shall include information
directing persons who desire to change their donor status to the
California Organ and Tissue Donor Registry's Internet Web site.
(g) The registry enrollment form shall be simple in design and
shall be produced by the department in cooperation with the
California Organ and Tissue Donor Registrar and shall require all of
the following information to be supplied by an enrollee:
(1) Date of birth, sex, full name, and other information deemed
necessary to provide a positive identification of an individual.
(2) Consent for organs or tissues to be donated for transplant
after death.
(3) Any limitation of the donation to specific organs or tissues.
(h) The registry enrollment form shall also include both of the
following:
(1) A description of the process for having a name removed from
the registry, and the process for donating money for the benefit of
the registry.
(2) A statement that the name of any person who enrolls in the
registry pursuant to this section shall be made available to
federally recognized donor organizations.
(i) The registry enrollment form shall be posted on the Internet
Web sites for the department and the California Health and Human
Services Agency.
(j) The registry enrollment form 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.
(k) The registrar shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
(l) Information obtained by the registrar for the purposes of this
subdivision shall be used for these purposes only and shall not be
disseminated further by the registrar.
(m) 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
this section.
(n) This section does not apply to the registration of a
commercial vehicle, as defined in subdivision (b) of Section 15210,
or a vehicle registration issued to a renter, as defined in Section
508.