BILL NUMBER: AB 1132 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Jones
FEBRUARY 27, 2009
An act to add Section 4150.3 to amend
Section 12811 of, and to add Section 4150.3 to, the Vehicle
Code, relating to anatomical gifts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1132, as amended, 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 to add a hyperlink to the confirmation page of
vehicle registrations processed online in order to provide the option
for drivers to connect to the state-authorized Donate Life
California online California Organ and Tissue Donor Registry and
would authorize a person, upon issuance of an original
or renewal of a vehicle registration onl
ine or by mail, 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 designate a
voluntary contribution of $2 , as specified, 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 the above general
provisions for issuance of an original or renewal of a driver's
license and the provisions for renewal of a vehicle
registration online or by mail 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 ofreceipt.
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. The Department
of Motor Vehicles shall add a hyperlink to the confirmation page of
vehicle registrations processed online, providing the option for
drivers to connect to the state-authorized Donate Life California
online California Organ and Tissue Donor Registry established
pursuant to subdivision (a) of Section 7152.7 of the Health and
Safety Code.
(d)
(d)
(b) A person who applies for issuance of an
original or renewal vehicle registration renews his or
her vehicle registration online or by mail 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)
(c) 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
(d) Enrollment in the registry online
or by mail 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)
(e) 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)
(f) 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)
(g) This section does not apply to the registration of
a commercial motor vehicle, as defined in subdivision (b)
of Section 15210 , or a vehicle registration issued to a
renter, as defined in Section 508 .
SEC. 2. 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
an applicant 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
donor 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, tissues, or research, you
must contact Donate Life California by mail at 1760 Creekside Oaks
Drive, #220, Sacramento, CA 95833, or online at
www.donateLIFEcalifornia.org, or www.doneVIDAcalifornia.org."
(2) Notwithstanding any other provision of law,
a person under the age at 18 years
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 pursuant to 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 7150.90 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 shall not use
more than 5 percent of the donations collected pursuant
to this paragraph to cover its actual administrative costs incurred
pursuant to paragraphs (3) to (5), inclusive. The department shall
deposit all revenue derived pursuant to this paragraph and remaining
after the department's deduction for administrative costs in the
Donate Life California Trust Subaccount, that 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 pursuant to
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 7150.90 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 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 a 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.