BILL NUMBER: AB 1132 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY MAY 11, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Jones
(Coauthors: Assembly Members Tom Berryhill, Blumenfield, Buchanan,
Huffman, and Knight)
(Coauthor: Senator Runner)
FEBRUARY 27, 2009
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 1132, 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.
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 authorize the department to use not more than
$300,000 of the contributions collected under these mail in
enrollment registration provisions per year to cover its related
actual administrative costs.
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.
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) 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 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.
(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 shall not use more than three hundred thousand
dollars ($300,000) of the donations collected pursuant to this
paragraph per year to cover its actual administrative costs incurred
pursuant to paragraphs (3) to (5), inclusive. The department shall
not shift any actual administrative costs in excess of three hundred
thousand dollars ($300,000) incurred pursuant to this paragraph to
the Motor Vehicle Account in the State Transportation Fund or to any
other funding source. 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.