BILL ANALYSIS
AB 1132
Page 1
Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1132 (Jones) - As Introduced: February 27, 2009
SUBJECT : Organ donation
SUMMARY : Requires DMV to make information available about organ
donation as part of the vehicle registration renewal process.
Specifically, this bill :
1)Requires DMV, upon issuance of an original or renewal vehicle
registration, 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.
2)Requires DMV to collect donor designation information on all
applications for issuance of an original or renewal vehicle
registration.
3)Requires DMV to electronically transmit donor designation
information that it collects to the California Organ and
Tissue Donor Registrar on a weekly basis.
4)Allows a person who applies for issuance of an original or
renewal vehicle registration to designate a voluntary
contribution of $2 for the purpose of promoting and supporting
organ and tissue donation.
5)Requires DMV to collect this contribution and treat it as a
voluntary contribution to the Registry and not as a fee for
the issuance of vehicle registration.
6)Prohibits DMV from using more than 5% of these donations to
cover its actual administrative costs.
7)Requires DMV to transmit all revenue remaining, net of its
administrative costs, to the Registrar for support of the
Registry.
8)Requires DMV's vehicle registration application forms to
include information directing persons who desire to change
their donor status to the Registry's Internet Web site.
AB 1132
Page 2
9)Requires the Registry enrollment form to be simple in design
and to be produced by DMV in cooperation with the Registrar.
10)Requires the enrollment form to require all of the following
information to be supplied by an enrollee:
a) Date of birth, sex, full name, and other information
deemed necessary to provide a positive identification of an
individual;
b) Consent for organs or tissues to be donated for
transplant after death; and,
c) Any limitation of the donation to specific organs or
tissues.
11)Requires the Registry enrollment form to include:
a) 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; and,
b) A statement that the name of any person who enrolls in
the Registry shall be made available to federally
recognized donor organizations.
12)Requires the Registry enrollment form to be posted on the
Internet Web sites for DMV and the California Health and Human
Services Agency.
13)Provides that the Registry enrollment form constitutes a
legal document under the Uniform Anatomical Gift Act remains
binding after the donor's death despite any express desires of
next of kin opposed to the donation.
14)Requires the Registrar to ensure that all additions and
deletions to the Registry shall occur within 30 days of
receipt.
15)Requires information obtained by the Registrar to be used for
these purposes only and prohibits it from being disseminated
further by the Registrar.
16)Holds public entities and employees harmless for any loss,
AB 1132
Page 3
detriment, or injury resulting directly or indirectly from
false or inaccurate information contained in the form.
17)Provides that this bill does not apply to the registration of
a commercial vehicle or a vehicle registration issued to a
renter.
EXISTING LAW :
1)Requires DMV to make available in the public area of each of
its offices where applications for driver's licenses or
identification (ID) cards are received, space for a sign or
notice briefly describing the Uniform Anatomical Gift Act and
information about the Registry and about how private donations
may be made.
2)Requires DMV to make available to the public in its offices a
pamphlet or brochure providing more detailed information on
the Registry and information about how private donations may
be made.
3)Requires these signs, notices, pamphlets, and brochures to be
provided without cost to DMV by responsible private parties
associated with the anatomical gift program.
4)Requires the front of an application for an original or
renewal of a driver's license or ID card to contain a space
for an applicant to give his or her consent to be an organ and
tissue donor upon death.
5)Requires DMV to collect donor designation information on all
applications for an original or renewal driver's license or ID
card.
6)Requires DMV to print the word "DONOR" or another appropriate
designation on the face of a driver's license or ID card to a
person who registered as a donor on a form issued through this
process.
7)Requires DMV, on a weekly basis, to electronically transmit to
Donate Life California, specified information on every
applicant that has indicated his or her willingness to
AB 1132
Page 4
participate in the organ donation program.
8)Allows a driver's license or ID card applicant to designate a
voluntary contribution of $2 for the purpose of promoting and
supporting organ and tissue donation to be collected by DMV
and treated as a voluntary contribution to Donate Life
California and not as a fee for the issuance of a driver's
license or ID card.
9)Allows DMV to use these donations to cover its actual
administrative costs incurred in implementing the donor
program.
10) Requires the enrollment form to be posted on DMV's Internet
Web sites and that of the California Health and Human Services
Agency.
11) Requires DMV to design the driver's licenses and ID cards
in order that a sticker may be affixed to them indicating a
person's willingness to make an anatomical gift.
FISCAL EFFECT : Unknown
COMMENTS : The author notes that although almost 5 million
Californians have enrolled with the Donate Life California
Registry, the state still ranks among the bottom quarter
nationally for the rate of organ donation signups. Only 23% of
driver's license applicants check the box for enrollment,
whereas in the top quarter of states, the signup rate is 58%.
Since about 20,000 Californians are currently on waiting lists
for organ transplants and organ transplantation tends to save
medical costs (kidney dialysis for patients awaiting a kidney
transplant averages $55,000 per year, for example), an increase
in the number of potential donors would save the state money
while relieving suffering and saving lives.
Supporters of this bill point out that although a mechanism
exists within DMV to solicit and obtain organ donation
registrations, that system is tied to the driver's license which
carries a term of five years. Thus, the average motorist is
only affording an opportunity to volunteer as an organ donor
through his or her contact with DMV only once every five years.
AB 1132
Page 5
By additionally tying the signup system to auto registrations,
which brings vehicle owners in contact with DMV on an annual
basis, Californians would be afforded a more frequent
opportunity to receive educational information and consider the
possibility of designating themselves as organ donors.
Author's amendments : In recognition of the potential costs to
DMV inherent in the current version of the bill, the author
suggests narrowing its focus so that DMV's primary
responsibility would be to add a hyperlink to the confirmation
page of vehicle registrations that are processed online,
providing the option for vehicle owners to connect to the
state-authorized Donate Life California online Organ and Tissue
Donor Registry. DMV would also be required to allow renewal
registration applicants, both online and by mail, to designate a
voluntary contribution of $2 for the purpose of promoting and
supporting organ and tissue donation.
REGISTERED SUPPORT / OPPOSITION :
Support
Donate Life California (sponsor)
Blood Centers of California
California Heart Center Foundation
Golden State Donor Services
National Kidney Foundation
Sierra Eye & Tissue Donor Services
Letters from 70 individuals
Opposition
None received
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093