BILL ANALYSIS
AB 1132
Page 1
GOVERNOR'S VETO
AB 1132 (Jones)
As Amended September 4, 2009
2/3 vote
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|ASSEMBLY: |76-2 |(May 28, 2009) |SENATE: |40-0 |(September 10, |
| | | | | |2009) |
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|ASSEMBLY: |79-0 |(September 11, | | | |
| | |2009) | | | |
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Original Committee Reference: TRANS.
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
make information available about organ donation as part of the
online vehicle registration renewal process.
The Senate amendments :
1)Require the DMV hyperlink referenced in the bill to be
graphic.
2)Correct an erroneous statutory cross-reference in the bill.
3)Allow an online contribution made during registration renewal
for promoting and supporting organ and tissue donation to be
made in any amount, rather than limiting it to $2, as in the
prior version of the bill.
4)Limit, to $300,000 annually, DMV's administrative costs which
may be reimbursed from voluntary contributions made by
driver's licensees.
5)Prohibit DMV from shifting any actual administrative costs in
excess of $300,000 incurred for this program to the Motor
Vehicle Account or to any other funding source.
AB 1132
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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
participate in the organ donation program.
AB 1132
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required DMV to 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.
2)Allowed a person who renews his or her vehicle registration
online to designate a voluntary contribution of $2 for the
purpose of promoting and supporting organ and tissue donation.
3)Required such a contribution to be collected by DMV and
treated as a voluntary contribution to the California Organ
and Tissue Donor Registry rather than as a fee for the
issuance of vehicle registration.
4)Provided that enrollment in the Registry online or by mail
AB 1132
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constitutes a legal document under the Uniform Anatomical Gift
Act and remains binding after the donor's death despite any
express desires of next of kin who may be opposed to the
donation.
5)Allowed information so obtained by the Registrar to be used
only for these purposes and prohibits it from being further
disseminated by the Registrar.
6)Held that neither a public entity nor an employee is liable
for any loss, detriment, or injury resulting directly or
indirectly from false or inaccurate information contained in
the donation form.
7)Provided that this bill does not apply to the registration of
a commercial vehicle or a vehicle registration issued to a
renter.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, DMV will experience minor and absorbable costs in
order to prepare the required hyperlink.
COMMENTS : The author notes that although almost five 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
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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.
GOVERNOR'S VETO MESSAGE :
"While I fully support the Donate Life program, this bill would
cap the amount the Department of Motor Vehicles can recover for
its administrative costs under the program and removes the
flexibility of the Department to cover its future costs as
inflation and other expenditures increase."
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0003255