BILL NUMBER: AB 693 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2011
INTRODUCED BY Assembly Member Huffman
( Coauthors: Assembly Members
Ammiano, Blumenfield, Gorell,
Jeffries, and Portantino )
(Coauthor: Senator Berryhill)
FEBRUARY 17, 2011
An act to amend Section 12811 of, and to add
Section 4150.3 to , the Vehicle Code, relating to
anatomical gifts.
LEGISLATIVE COUNSEL'S DIGEST
AB 693, as amended, Huffman. Vehicle registration: organ and
tissue donation.
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.
Existing law authorizes the department to use these
contributions to cover its actual administrative costs incurred
pursuant to this organ and tissue donor registration program.
This bill would delete the department's authorization to use
donations for purposes of covering its actual administrative costs
pursuant to the program.
This bill would also require the department to
add a graphic 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 renewal of a vehicle registration online to designate
a voluntary contribution, as specified, to the registry for the
purpose of promoting and supporting organ and tissue donation.
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) The Department of Motor Vehicles shall add a graphic
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 7150.90 of the Health and Safety Code.
(b) A person who renews his or her vehicle registration online may
designate via the hyperlink in subdivision (a) a voluntary
contribution for the purpose of promoting and supporting organ and
tissue donation. This contribution shall be treated as a voluntary
contribution to the California Organ and Tissue Donor Registry and
not as a fee for the issuance of vehicle registration.
(c) Enrollment in the registry online 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.
(d) 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.
(e) 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.
(f) This section does not apply to the registration of a
commercial motor vehicle, as defined in subdivision (b) of Section
15210.
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) On and after July 1, 2011, an application for an original
or renewal driver's license or identification card shall contain a
space for the applicant to enroll in the Donate Life California Organ
and Tissue Donor Registry. The application shall include check boxes
for an applicant to mark either (A) Yes, add my name to the donor
registry or (B) I do not wish to register at this time.
(2) The department shall inquire verbally of an applicant applying
in person for an original or renewal driver's license or
identification card at a department office as to whether the
applicant wishes to enroll in the Donate Life California Organ and
Tissue Donor Registry. Failure or refusal to answer this question or
check a box on the application form shall not be a basis for the
department to deny an applicant a driver's license or identification
card.
(3) The following language shall be included with the question
required by paragraph (1):
"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."
(5) Notwithstanding any other provision of law, a person under 18
years of age may register as a donor. However, the legal guardian of
that person shall make the final decision regarding the donation.
(6) The department shall collect donor designation information on
all applications for an original or renewal driver's license or
identification card.
(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 has indicated on the application
his or her intent to enroll in the organ donation program pursuant to
this section.
(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 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 year of birth.
(D) His or her California driver's license number or
identification card number.
(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 shall deposit all revenue derived pursuant to
this paragraph 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 policy and 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) Year of birth.
(D) (i) The annual report to be submitted to the appropriate
policy and fiscal committees of the Legislature pursuant to
subparagraph (C) shall be submitted in compliance with Section 9795
of the Government Code.
(ii) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting the annual report to the appropriate
policy and fiscal committees of the Legislature imposed under
subparagraph (C) is inoperative four years after the date the first
annual report is due.
(10) The enrollment form shall be posted on the Internet Web sites
for the department and the California Health and Human Services
Agency.
(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 (5) of subdivision (b), the donation does not require the
consent of any other person.
(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.
(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.