BILL NUMBER: SB 1395 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Alquist
FEBRUARY 19, 2010
An act to amend Section 12811 of the Vehicle Code, relating to
organ donation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1395, as introduced, Alquist. Organ donation: driver's
licenses.
Under existing law, the Department of Motor Vehicles is required
to include on an application for a new or renewal driver's license a
space for the applicant to give his or her consent to be an organ or
tissue donor upon death and a specified statement regarding organ
donation. Existing law also allows an applicant for a new or renewal
license to designate a voluntary donation of $2 for the purpose of
promoting and supporting organ and tissue donation.
This bill would, instead, require the department to include on an
application for a new or renewal driver's license specified language
asking the applicant if he or she wants to enroll with the Donate
Life California Organ and Tissue Donor Registry and giving the
applicant information about the registry, including disenrollment
information. The bill would also require the department to transmit
to the Donate Life California Organ and Tissue Donor Registry and the
appropriate fiscal committees of the Legislature an annual report,
and to make available quarterly updates, detailing funds collected
through voluntary contributions from applicants as well as a summary
of specified nonidentifiable applicant information.
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 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 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: enroll with the Donate Life
California Organ and Tissue Donor Registry.
(2) The applicant shall be required to check one of the following
answers: (A) Yes, add my name to the donor registry, or (B) I do not
wish to register at this time.
(3) The following language shall be included with the question
required by paragraph (2):
"Marking 'Yes' adds your name to the Donate Life California Organ
and Tissue Donor Registry and a pink 'donor' dot will appear on your
license. If you wish to remove your name from the registry you must
contact Donate Life California (see back); DMV can remove the pink
dot from your licenses but cannot remove you from the registry."
(4) The back of the application shall contain the following
statement:
"If on the front of this form you marked 'Yes' to register as an
organ and tissue donor you are legally authorizing the recovery of
organs and tissues in the event of your death. Registering as a donor
will not affect your medical treatment in any way. As outlined in
the California Anatomical Gift Act, your authorization is legally
binding and, unless the donor is under 18 years of age, your decision
does not require the consent of any other person. For registered
donors under 18 years of age, the legal guardian shall make the final
donation decision. You may limit your donation to specific organs or
tissues, place usage restrictions, for example transplantation or
research, obtain more information about donation, or remove your name
from the registry on the Internet Web site of Donate Life
California: www.donateLIFEcalifornia.org."
"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)
(5) Notwithstanding any other provision of law, a
person under age 18 18 years of age may
register as a donor. However, the legal guardian of that person
shall make the final decision regarding the donation.
(3)
(6) The department shall collect donor designation
information on all applications for an original or renewal driver's
license or identification card.
(4)
(7) 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 has indicated on the application his or
her intent to enroll in the organ donation program pursuant to
this section.
(5)
(8) 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
from every application that indicates the applicant's
decision to enroll 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)
(9) (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 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.
(C) The department shall transmit to the Donate Life California
Organ and Tissue Donor Registry and the appropriate fiscal committees
of the Legislature an annual report, and shall make available
quarterly updates, detailing funds collected through voluntary
contributions as well as a summary of applicants, including all of
the following nonidentifiable information:
(i) Date of application.
(ii) Method of application (field office, online, or mail).
(iii) Donor registration status.
(iv) Zip code.
(v) Gender.
(vi) Date of birth.
(7)
(10) The enrollment form shall be posted on the
Internet Web sites for the department and the California Health and
Human Services Agency.
(8)
(11) 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)
(12) 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)
(13) 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.