SB 987: Organ and tissue donation registry: driver’s license application.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-08-31
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether or not to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death.
This bill would make minor changes to the check boxes and would additionally require the back of the application, upon the departments next scheduled revision, to contain a statement informing the applicant that by marking I do not wish to register to be an organ or tissue donor at this time the applicant is relying on direction in the applicants durable power of attorney for health care, or if none exists, the decision of the applicants family member or agent, as defined.
This bill would incorporate additional changes to Section 12811 of the Vehicle Code proposed by AB 1873 to be operative only if this bill and AB 1873 are enacted and this bill is enacted last.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether or not to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death.
This bill would make minor changes to the check boxes and would additionally require the back of the application, upon the departments next scheduled revision, to contain a statement informing the applicant that by marking I do not wish to register to be an organ or tissue donor at this time the applicant is relying on direction in the applicants durable power of attorney for health care, or if none exists, the decision of the applicants family member or agent, as defined.
This bill would incorporate additional changes to Section 12811 of the Vehicle Code proposed by AB 1873 to be operative only if this bill and AB 1873 are enacted and this bill is enacted last.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether or not to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death.
This bill would also make minor changes to the check boxes and would additionally require the back of the application application, upon the departments next scheduled revision, to contain a statement informing the applicant that by marking I do not wish to register to be an organ or tissue donor at this time the applicant is relying on direction in the applicants durable power of attorney for health care, or if none exists, the decision of the applicants family member or agent, as defined.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether or not to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death. Existing law requires the department to electronically transmit information regarding applicants who decide to enroll in the organ donation program to Donate Life California.
This bill would eliminate the specific check boxes and instead require the application to include check boxes developed by the department, in consultation with Donate Life California. The bill would revise the disclosure statement, as specified, and would delete the requirement that the statement appear on the back of the application. The bill would require the department to incorporate any changes to the check boxes upon the departments next scheduled revision of the application and would provide that the new disclosure statement would also become operative on that date.This bill would also require the back of the application to contain a statement informing the applicant that by marking I do not wish to register to be an organ or tissue donor at this time the applicant is relying on direction in the applicants durable power of attorney for health care, or if none exists, the decision of the applicants family member or agent, as defined.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate that he or she wants whether or not to add his or her the applicants name to the registry or does not wish to register. registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death. Existing law requires the department to electronically transmit information regarding applicants who decide to enroll in the organ donation program to Donate Life California.
This bill would eliminate the specific check boxes and instead require the application to include check boxes developed by the department, in consultation with Donate Life California. The bill would revise the disclosure statement, as specified, and would delete the requirement that the statement appear on the back of the application. The bill would also require the application to include check boxes developed by Donate Life California, in consultation with the department, for an applicant to add his or her name to the registry. The bill would require the department to incorporate any changes to the check boxes upon the departments next scheduled revision of the application and would provide that the new disclosure statement would also become operative on that date.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.
Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and check boxes for an applicant to indicate that he or she wants to add his or her name to the registry or does not wish to register. Existing law requires the back of the application to include a specified statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death. Existing law requires the department to electronically transmit information regarding applicants who decide to enroll in the organ donation program to Donate Life California.
This bill would revise the statement, as specified, and would delete the requirement that the statement appear on the back of the application. The bill would also require the application to include check boxes developed by Donate Life California, in consultation with the department, for an applicant to add his or her name to the registry.
(a)(1)(A)When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 of the license.
(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)An application for an original or renewal drivers 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 or keep my name on the donor registry or (B) I do not wish to register to be an organ or tissue donor at this time.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.
(3)The following language shall be included with the check boxes 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 DL/ID card. You must mark Yes to maintain the donor dot on your DL/ID card.
Marking I do not wish to register at this time will not remove you from the registry. If you wish to remove your name from the registry, you must contact Donate Life California (see Disclosures page). DMV can remove the pink dot from your DL/ID card but cannot remove you from the registry.
(4)The back of the application shall contain the following statement:
If 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 website of Donate Life California: www.donateLIFEcalifornia.org.
By registering as an Organ Donor, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, and California driver license or identification card number to Donate Life California. By signing this form, you consent to this process and have been notified that this transmittal will occur.
(5)Upon the departments next scheduled revision of the application, the back of the application shall also contain the following statement:
If you marked I do not wish to register to be an organ or tissue donor at this time you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
(6)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.
(7)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(8)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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.
(9)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 applicants 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 drivers license number or identification card number.
(10)(A)A person who applies for an original or renewal drivers 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 drivers 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 (7) to (9), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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.
(11)The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.
(12)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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (6), the donation does not require the consent of any other person.
(13)Donate Life California shall ensure that all additions and deletions to the Donate Life 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.
(14)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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
SEC. 1.5.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 drivers 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 or residence 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 of the license.
(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)An application for an original or renewal drivers 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 or keep my name on the donor registry or (B) I do not wish to register to be an organ or tissue donor at this time.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.
(3)The following language shall be included with the check boxes 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 DL/ID card. You must mark Yes to maintain the donor dot on your DL/ID card.
Marking I do not wish to register at this time will not remove you from the registry. If you wish to remove your name from the registry, you must contact Donate Life California (see Disclosures page). DMV can remove the pink dot from your DL/ID card but cannot remove you from the registry.
(4)The back of the application shall contain the following statement:
If 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 website of Donate Life California: www.donateLIFEcalifornia.org.
By registering as an Organ Donor, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, and California driver license or identification card number to Donate Life California. By signing this form, you consent to this process and have been notified that this transmittal will occur.
(5)Upon the departments next scheduled revision of the application, the back of the application shall also contain the following statement:
If you marked I do not wish to register to be an organ or tissue donor at this time you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
(6)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.
(7)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(8)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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.
(9)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 applicants 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 drivers license number or identification card number.
(10)(A)A person who applies for an original or renewal drivers 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 drivers 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 (7) to (9), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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.
(11)The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.
(12)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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (6), the donation does not require the consent of any other person.
(13)Donate Life California shall ensure that all additions and deletions to the Donate Life 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.
(14)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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)(A)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, subject to subparagraph (B), the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(B)The department shall discontinue the fee required pursuant to Section 14901.1 no later than July 1, 2019.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 12811 of the Vehicle Code proposed by both this bill and Assembly Bill 1873. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 12811 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1873, in which case Section 1 of this bill shall not become operative.
(a)(1)(A)When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 of the license.
(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)An application for an original or renewal drivers 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 or keep my name on the donor registry or (B) I do not wish to register to be an organ or tissue donor at this time.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.
(3)The following language shall be included with the check boxes 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 DL/ID card. You must mark Yes to maintain the donor dot on your DL/ID card.
Marking I do not wish to register at this time will not remove you from the registry. If you wish to remove your name from the registry, you must contact Donate Life California (see Disclosures page). DMV can remove the pink dot from your DL/ID card but cannot remove you from the registry.
(4)The back of the application shall contain the following statement:
If If 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 website of Donate Life California: www.donateLIFEcalifornia.org.
By registering as an Organ Donor, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, and California driver license or identification card number to Donate Life California. By signing this form, you consent to this process and have been notified that this transmittal will occur.
(5)Upon the departments next scheduled revision of the application, the back of the application shall also contain the following statement:
If you marked I do not wish to register to be an organ or tissue donor at this time you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
(6)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.
(7)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(8)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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.
(9)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 applicants 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 drivers license number or identification card number.
(10)(A)A person who applies for an original or renewal drivers 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 drivers 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 (7) to (9), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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.
(11)The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.
(12)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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (6), the donation does not require the consent of any other person.
(13)Donate Life California shall ensure that all additions and deletions to the Donate Life 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.
(14)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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
SEC. 1.5.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 drivers 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 or residence 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 of the license.
(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 An application for an original or renewal drivers 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 or keep my name to on the donor registry or (B) I do not wish to register to be an organ or tissue donor at this time.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.
(3)The following language shall be included with the question check boxes 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 DL/ID card. You must mark Yes to maintain the donor dot on your DL/ID card.
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. I do not wish to register at this time will not remove you from the registry. If you wish to remove your name from the registry registry, you must contact Donate Life California (see back); Disclosures page). DMV can remove the pink dot from your licenses DL/ID card 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, If you marked Yes to register as an organ and tissue donor 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 restrictions (for example transplantation or research, research), obtain more information about donation, or remove your name from the registry on the Internet Web site website of Donate Life California: www.donateLIFEcalifornia.org.
By registering as an Organ Donor, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, and California driver license or identification card number to Donate Life California. By signing this form, you consent to this process and have been notified that this transmittal will occur.
(5)Upon the departments next scheduled revision of the application, the back of the application shall also contain the following statement:
If you marked I do not wish to register to be an organ or tissue donor at this time you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
(5)
(6)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.
(6)(7)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(7)(8)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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)(9)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 applicants 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 drivers license number or identification card number.
(9)(10)(A)A person who applies for an original or renewal drivers 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 drivers 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 (6) (7) to (8), (9), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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)(11)The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.
(11)(12)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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (6), the donation does not require the consent of any other person.
(12)(13)Donate Life California shall ensure that all additions and deletions to the Donate Life 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)(14)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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)(A)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, subject to subparagraph (B), the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(B)The department shall discontinue the fee required pursuant to Section 14901.1 no later than July 1, 2019.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 12811 of the Vehicle Code proposed by both this bill and Assembly Bill 1873. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 12811 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1873, in which case Section 1 of this bill shall not become operative.
(a)(1)(A)When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 of the license.
(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)An application for an original or renewal drivers 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 or keep my name to on the donor registry or (B) I do not wish to register at to be an organ or tissue donor at this time.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.
(3)The following language shall be included with the check boxes 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. DL/ID card. You must mark Yes to maintain the donor dot on your DL/ID card.
Marking I do not wish to register at this time will not remove you from the registry. If you wish to remove your name from the registry, you must contact Donate Life California (see Disclosures page). DMV can remove the pink dot from your DL/ID card 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,
If you marked Yes to register as an organ and tissue donor 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, restrictions (for example transplantation or research), obtain more information about donation, or remove your name from the registry on the Internet Web site website of Donate Life California: www.donateLIFEcalifornia.org.
By registering as an Organ Donor, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, and California driver license or identification card number to Donate Life California. By signing this form, you consent to this process and have been notified that this transmittal will occur.
(5)Upon the departments next scheduled revision of the application, the back of the application shall also contain the following statement:
If you marked I do not wish to register to be an organ or tissue donor at this time you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
(5)
(6)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.
(6)(7)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(7)(8)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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)(9)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 applicants 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 drivers license number or identification card number.
(9)(10)(A)A person who applies for an original or renewal drivers 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 drivers 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 (6) to (8), (7) to (9), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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)(11)The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency.
(11)(12)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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5), (6), the donation does not require the consent of any other person.
(12)(13)Donate Life California shall ensure that all additions and deletions to the Donate Life 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)(14)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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
(a)(1)(A)When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 of the license.
(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 An application for an original or renewal drivers 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 drivers 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 drivers license or identification card.
(3)The following language shall be included with the question check boxes 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.
If you marked I do not wish to register to be an organ or tissue donor at this time you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
(5)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.
(6)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(7)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 applicants 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 drivers license number or identification card number.
(9)(A)A person who applies for an original or renewal drivers 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 drivers 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 (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.
(12)Donate Life California shall ensure that all additions and deletions to the Donate Life 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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
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 drivers 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 or residence 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 of the license.(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)An application for an original or renewal drivers 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 developed by the department, in consultation with Donate Life California, for an applicant to add the applicants name to the registry. The department shall incorporate any changes to the check boxes upon the next scheduled revision of the application.(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3)The following language shall be included with the check boxes 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; DMV can remove the pink dot from your licenses but cannot remove you from the registry.(4)(A)(i)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.(ii)This subparagraph shall become inoperative on the date of the departments next scheduled revision of the application.(B)(i)The application shall contain the following statement:You have marked Yes to register as an organ and tissue donor and are legally authorizing the recovery of organs and tissues in the event of your death. As outlined in Californias Uniform Anatomical Gift Act, your authorization is legally binding and your decision does not require the consent of, nor can it be revoked by, another person unless the donor is under 18 years of age. For minors, the legal guardian makes the final decision. To remove your name from the registry, limit your donation, or place usage restrictions, for example, indicating that the donation is for research or restricting the donation to certain organs, you must contact Donate Life California at 1-866-797-2366 or www.donateLIFEcalifornia.org.(ii)This subparagraph shall become operative on the date of the departments next scheduled revision of the application.(5)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.(6)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.(7)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 applicants 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 drivers license number or identification card number.(9)(A)A person who applies for an original or renewal drivers 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 drivers 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 (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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 donors 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 Donate Life 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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.(2)The department shall collect the information obtained pursuant to paragraph (1).(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:(A)His or her true full name.(B)His or her mailing address.(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.(d)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).(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.(a)(1)(A)When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 of the license.
(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 An application for an original or renewal drivers 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 developed by the department, in consultation with Donate Life California, in consultation with the department, for an applicant to add his or her the applicants name to the registry. The department shall incorporate any changes to the check boxes upon the next scheduled revision of the application.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.
(3)The following language shall be included with the question check boxes 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); California; DMV can remove the pink dot from your licenses but cannot remove you from the registry.
(4)(A)(i)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.
(ii)This subparagraph shall become inoperative on the date of the departments next scheduled revision of the application.
(B)(i)The application shall contain the following statement:
You have marked Yes to register as an organ and tissue donor and are legally authorizing the recovery of organs and tissues in the event of your death. As outlined in Californias Uniform Anatomical Gift Act, your authorization is legally binding and your decision does not require the consent of, nor can it be revoked by, another person unless the donor is under 18 years of age. For minors, the legal guardian makes the final decision. To remove your name from the registry, limit your donation, or place usage restrictions, for example, indicating that the donation is for research or restricting the donation to certain organs, you must contact Donate Life California at 1-866-797-2366 or www.donateLIFEcalifornia.org.
(ii)This subparagraph shall become operative on the date of the departments next scheduled revision of the application.
(5)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.
(6)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(7)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 applicants 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 drivers license number or identification card number.
(9)(A)A person who applies for an original or renewal drivers 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 drivers 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 (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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 donors 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 Donate Life 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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
(a)(1)(A)When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 of the license.
(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 drivers 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. developed by Donate Life California, in consultation with the department, for an applicant to add his or her name to the registry.
(2)The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers 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.
You have marked Yes to register as an organ and tissue donor and are legally authorizing the recovery of organs and tissues in the event of your death. As outlined in Californias Uniform Anatomical Gift Act, your authorization is legally binding and your decision does not require the consent of, nor can it be revoked by, another person unless the donor is under 18 years of age. For minors, the legal guardian makes the final decision. To remove your name from the registry, limit your donation, or place usage restrictions, for example, indicating that the donation is for research or restricting the donation to certain organs, you must contact Donate Life California at 1-866-797-2366 or www.donateLIFEcalifornia.org.
(5)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.
(6)The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card.
(7)The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 applicants 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 drivers license number or identification card number.
(9)(A)A person who applies for an original or renewal drivers 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 drivers 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 (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the departments 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 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 donors 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 Donate Life 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)(1)All applications for a drivers license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement:
By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.
(2)The department shall collect the information obtained pursuant to paragraph (1).
(3)As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits:
(A)His or her true full name.
(B)His or her mailing address.
(4)Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose.
(5)Commencing November 11, 2015, an in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. Upon payment of the fee required pursuant to Section 14901.1, the word VETERAN shall be printed on the face of a drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department.
(d)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).
(e)A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual.
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Date
|
Status
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|---|---|
| Sep 21, 2018 | In Senate. Consideration of Governor's item veto pending. |
| Sep 21, 2018 | Vetoed by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5859.) Ordered to engrossing and enrolling. |
| Aug 28, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 28, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 27, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 23, 2018 | Read third time and amended. |
| Aug 23, 2018 | Ordered to third reading. |
| Aug 13, 2018 | From consent calendar. |
| Aug 9, 2018 | Read second time. Ordered to consent calendar. |
| Aug 8, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8). |
| Aug 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 20, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 25). Re-referred to Com. on APPR. |
| Jun 4, 2018 | Referred to Com. on TRANS. |
| May 29, 2018 | In Assembly. Read first time. Held at Desk. |
| May 29, 2018 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| May 8, 2018 | Read second time. Ordered to third reading. |
| May 7, 2018 | From committee: Do pass. (Ayes 6. Noes 0.) (May 7). |
| Apr 27, 2018 | Set for hearing May 7. |
| Apr 18, 2018 | April 23 hearing postponed by committee. |
| Apr 13, 2018 | Set for hearing April 23. |
| Apr 10, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (April 10). Re-referred to Com. on APPR. |
| Apr 2, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Mar 29, 2018 | Set for hearing April 10. |
| Feb 14, 2018 | Referred to Com. on T. & H. |
| Feb 6, 2018 | From printer. May be acted upon on or after March 8. |
| Feb 5, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2018 | Unfinished Business SB987 Galgiani Concurrence | Senate Floor |
Passed |
|
| Aug 27, 2018 | SB 987 Galgiani Senate Third Reading By OBERNOLTE | Assembly Floor |
Passed |
|
| Aug 8, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| May 29, 2018 | Senate 3rd Reading SB987 Galgiani | Senate Floor |
Passed |
|
| May 7, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Blood Centers Of California | ** Support | May 9, 2018 |
| Donate Life California | ** Support | Jun 22, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
VETO
Bill No: SB 987
:
SENATE TRANS. & HOUSING COMMITTEE: 13-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/7/18
AYES: Lara, Bates, Beall, Bradford, Hill, Wiener
NO VOTE RECORDED: Nielsen
SENATE FLOOR: 38-0, 5/29/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
SENATE FLOOR: 39-0, 8/28/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, Chang, De León, Delgado, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 80-0, 8/27/18 - See last page for vote
SUBJECT: Organ and tissue donation registry: driver’s license application
SOURCE: Donate Life California
DIGEST:
This bill makes minor changes to the check boxes on the Department of Motor Vehicle (DMV)’s driver’s license and ID application form asking applicants to become organ and tissue donors, and adds a disclosure statement to the back of the form regarding the choice not to register as an organ donor.
Existing law:
- Authorizes Donate Life California, a non-profit entity, to maintain the Donate Life California Organ and Tissue Donor Registry (Registry) for people who have identified themselves as organ, eye, and tissue donors upon their death.
- Requires the DMV to ask verbally of all applicants for original or renewal drivers’ licenses or ID cards if they want to become organ and tissue donors.
- Requires the DMV to include yes or no check boxes specifically asking “Yes, add my name to the donor registry” or “I do not wish to register at this time” on its application for a driver’s license or ID card.
- Requires the DMV to include prescribed language with the check boxes that describes what checking “Yes” means and information on how to remove one’s name from the Registry.
- Requires that an applicant does not need to answer this question or check a box in order to receive a driver’s license or ID card.
- Requires the DMV to provide on the back of the application for a driver’s license or ID card a disclosure statement that explains that checking yes is legally binding for those 18 years and older and that minors require consent from a parent or guardian, and provides more information on what it means to be a donor.
- Requires the DMV to print the word “DONOR” on the face of a driver’s license or ID card to any registrant.
This bill:
- Revises the yes or no check boxes to ask “Yes, add or keep my name to the donor registry” or “I do not wish to register to be an organ or tissue donor at this time” on the application for a driver’s license or ID card.
- Revises the language attached to the yes or no check boxes to clarify that marking “Yes” is needed to maintain the pink dot on the driver’s license, and that marking “I do not wish to register” does not remove the person from the registry.
- Revises the current disclosure language on the back of the application to include that checking yes gives consent to have their information sent to Donate Life California.
- Adds the following disclosure language to the back of the application form:
“If you marked ‘I do not wish to register to be an organ or tissue donor at this time’ you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.”
- Requires that any changes made to the check boxes and the disclosure statement be applied on the next revision of the application.
Background
The DMV has been a longtime partner with Donate Life California and the Registry. In 2001, SB 108 (Speier, Chapter 740) authorized the establishment of a Registry and required the DMV to create and provide donor registration forms to those applying for driver’s licenses and ID cards. SB 112 (Speier, Chapter 405, Statutes of 2003) transferred responsibility for establishing the Registry to Donate Life California, a non-profit entity. SB 689 (Speier, Chapter 665, Statutes of 2005) further required the DMV to provide space on the driver’s license or ID card application forms for applicants to give consent to become organ donors. Most recently, SB 1395 (Alquist, Chapter 217, Statutes of 2010) required the current check boxes that ask people to register as organ donors to be added to the application. Currently, there are over 14 million Californians signed up to be organ donors, over 90% of those coming through the DMV.
Comments
- Purpose. According to the author, there are 22,984 Californians and 114,934 individuals across the nation in need of lifesaving organs. Even with all our efforts to increase donation in California, 20 individuals die each day around the United States as they wait for a match. With the goal of increasing the registry, this bill will clarify current law and update the disclosure statement used at the DMV for organ donation in regards to individuals who may have an advanced healthcare directive.
- Donor Registration Lists Are Lower Than Average. According to Donate Life, California lags behind the national average in the percentage of adults who are registered as organ donors: 40% (CA) compared to 50% (US).[1] Donate Life also reports that about 28 percent of those applying or renewing a driver’s license or ID card in California sign up to be an organ donor. This bill updates the language in the application form regarding organ donation in order to provide greater clarification regarding the choice to become an organ donor, and to hopefully increase the number of registered donors in California.
- Organ Donation Laws in California. Existing law authorizes the recovery of an individual's organs and tissues in the event of their death. Those under the age of 18 require parental consent to be an organ donor. Individuals over the age of 18 can give consent by registering as an organ donor with Donate Life California, directly or through the DMV. An individual organ donor can remove their name from the Registry or limit the scope of their organ donations on the Donate Life website.
However, not registering as an organ donor does not guarantee your organs will not be donated. Existing law authorizes others, such as a family member, to make the decision after death, so long as you have not expressly forbade organ donation in writing or you are known to be part of a religion that expressly prohibits organ donation. This bill adds an additional disclosure statement on the driver’s license application form to clarify this point.
- Current Language Is Unclear. According to Donate Life, there have been reports of Californians selecting “I do not wish to register” on the application expecting to get taken off the Registry. However, DMV only sends the names of those who select “Yes” to Donate Life. Those who want to remove their names from the Registry must go directly to Donate Life. This bill makes minor changes to the check boxes and language on the application to make clear that those who wish to no longer be an organ donor must go directly to Donate Life.
Related/Prior Legislation
SB 1395 (Alquist, Chapter 217, Statutes of 2010) required DMV to update its applications with specified language asking the applicant to check yes or no to add his/her name to the Registry.
SB 689 (Speier, Chapter 665, Statutes of 2005) required DMV to include on its applications for drivers’ licenses and ID cards a space for the applicant to give his or her consent to be an organ or tissue donor.
SB 112 (Speier, Chapter 405, Statutes of 2003) transferred responsibility for establishing the Registry to a private, nonprofit organization administered by the four federally-designated organ procurement organizations. Required DMV to provide donor registration forms to those applying for drivers’ licenses or ID cards. These forms included instructions to mail the competed form to Donate Life California.
SB 108 (Speier, Chapter 740, Statutes of 2001) authorized the establishment of a Registry in the California Health and Human Services Agency and required DMV to provide an enrollment form to any peoples coming to obtain or renew their driver’s licenses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Costs (Motor Vehicle Account) of less than $100,000 for DMV to revise forms and electronic applications.
Donate Life California (source)
Blood Centers of California
OPPOSITION: (Verified 8/21/18)
None received
GOVERNOR'S VETO MESSAGE:
I am returning the following bills without my signature:
AB 1873
AB 2058
AB 2135
SB 987
SB 1455
Each of these bills requires significant information technology programming at the Department of Motor Vehicles.
Reducing wait times in field offices and addressing the urgent needs of customers is the top priority. The programming required to implement these bills will delay the department's ability to fully modernize its aging information technology systems. While these bills may have merit, it would be prudent for the Legislature to pause on additional mandates while the department works to complete programming for prior legislative mandates and system upgrades designed to reduce transaction times and improve customer service.
ASSEMBLY FLOOR: 80-0, 8/27/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
10/2/18 14:32:24
**** END ****
2015 Donate Life America Annual Report. https://www.donatelife.net/wp-content/uploads/2016/06/2015-DLA_Annual-Report_FINAL-for-onscreen-viewing.pdf ↑
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 987
:
SENATE TRANS. & HOUSING COMMITTEE: 13-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/7/18
AYES: Lara, Bates, Beall, Bradford, Hill, Wiener
NO VOTE RECORDED: Nielsen
SENATE FLOOR: 38-0, 5/29/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 80-0, 8/27/18 - See last page for vote
SUBJECT: Organ and tissue donation registry: driver’s license application
SOURCE: Donate Life California
DIGEST:
This bill makes minor changes to the check boxes on the Department of Motor Vehicle (DMV)’s driver’s license and ID application form asking applicants to become organ and tissue donors, and adds a disclosure statement to the back of the form regarding the choice not to register as an organ donor.
Assembly Amendments
largely delete the Senate bill and instead (1) add a disclosure to the DMV driver’s license and ID application form related to the choice not to register as an organ donor, (2) make technical and clarifying changes to the existing check boxes and language on the driver's license and identification form asking applicants to become an organ and tissue donor, and (3) address chaptering-out issues.
Existing law:
- Authorizes Donate Life California, a non-profit entity, to maintain the Donate Life California Organ and Tissue Donor Registry (Registry) for people who have identified themselves as organ, eye, and tissue donors upon their death.
- Requires the DMV to ask verbally of all applicants for original or renewal drivers’ licenses or ID cards if they want to become organ and tissue donors.
- Requires the DMV to include yes or no check boxes specifically asking “Yes, add my name to the donor registry” or “I do not wish to register at this time” on its application for a driver’s license or ID card.
- Requires the DMV to include prescribed language with the check boxes that describes what checking “Yes” means and information on how to remove one’s name from the Registry.
- Requires that an applicant does not need to answer this question or check a box in order to receive a driver’s license or ID card.
- Requires the DMV to provide on the back of the application for a driver’s license or ID card a disclosure statement that explains that checking yes is legally binding for those 18 years and older and that minors require consent from a parent or guardian, and provides more information on what it means to be a donor.
- Requires the DMV to print the word “DONOR” on the face of a driver’s license or ID card to any registrant.
This bill:
- Revises the yes or no check boxes to ask “Yes, add or keep my name to the donor registry” or “I do not wish to register to be an organ or tissue donor at this time” on the application for a driver’s license or ID card.
- Revises the language attached to the yes or no check boxes to clarify that marking “Yes” is needed to maintain the pink dot on the driver’s license, and that marking “I do not wish to register” does not remove the person from the registry.
- Revises the current disclosure language on the back of the application to include that checking yes gives consent to have their information sent to Donate Life California.
- Adds the following disclosure language to the back of the application form:
“If you marked ‘I do not wish to register to be an organ or tissue donor at this time’ you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.”
- Requires that any changes made to the check boxes and the disclosure statement be applied on the next revision of the application.
Background
The DMV has been a longtime partner with Donate Life California and the Registry. In 2001, SB 108 (Speier, Chapter 740) authorized the establishment of a Registry and required the DMV to create and provide donor registration forms to those applying for driver’s licenses and ID cards. SB 112 (Speier, Chapter 405, Statutes of 2003) transferred responsibility for establishing the Registry to Donate Life California, a non-profit entity. SB 689 (Speier, Chapter 665, Statutes of 2005) further required the DMV to provide space on the driver’s license or ID card application forms for applicants to give consent to become organ donors. Most recently, SB 1395 (Alquist, Chapter 217, Statutes of 2010) required the current check boxes that ask people to register as organ donors to be added to the application. Currently, there are over 14 million Californians signed up to be organ donors, over 90% of those coming through the DMV.
Comments
- Purpose. According to the author, there are 22,984 Californians and 114,934 individuals across the nation in need of lifesaving organs. Even with all our efforts to increase donation in California, 20 individuals die each day around the United States as they wait for a match. With the goal of increasing the registry, this bill will clarify current law and update the disclosure statement used at the DMV for organ donation in regards to individuals who may have an advanced healthcare directive.
- Donor Registration Lists Are Lower Than Average. According to Donate Life, California lags behind the national average in the percentage of adults who are registered as organ donors: 40% (CA) compared to 50% (US).[1] Donate Life also reports that about 28 percent of those applying or renewing a driver’s license or ID card in California sign up to be an organ donor. This bill updates the language in the application form regarding organ donation in order to provide greater clarification regarding the choice to become an organ donor, and to hopefully increase the number of registered donors in California.
- Organ Donation Laws in California. Existing law authorizes the recovery of an individual's organs and tissues in the event of their death. Those under the age of 18 require parental consent to be an organ donor. Individuals over the age of 18 can give consent by registering as an organ donor with Donate Life California, directly or through the DMV. An individual organ donor can remove their name from the Registry or limit the scope of their organ donations on the Donate Life website.
However, not registering as an organ donor does not guarantee your organs will not be donated. Existing law authorizes others, such as a family member, to make the decision after death, so long as you have not expressly forbade organ donation in writing or you are known to be part of a religion that expressly prohibits organ donation. This bill adds an additional disclosure statement on the driver’s license application form to clarify this point.
- Current Language Is Unclear. According to Donate Life, there have been reports of Californians selecting “I do not wish to register” on the application expecting to get taken off the Registry. However, DMV only sends the names of those who select “Yes” to Donate Life. Those who want to remove their names from the Registry must go directly to Donate Life. This bill makes minor changes to the check boxes and language on the application to make clear that those who wish to no longer be an organ donor must go directly to Donate Life.
Related/Prior Legislation
SB 1395 (Alquist, Chapter 217, Statutes of 2010) required DMV to update its applications with specified language asking the applicant to check yes or no to add his/her name to the Registry.
SB 689 (Speier, Chapter 665, Statutes of 2005) required DMV to include on its applications for drivers’ licenses and ID cards a space for the applicant to give his or her consent to be an organ or tissue donor.
SB 112 (Speier, Chapter 405, Statutes of 2003) transferred responsibility for establishing the Registry to a private, nonprofit organization administered by the four federally-designated organ procurement organizations. Required DMV to provide donor registration forms to those applying for drivers’ licenses or ID cards. These forms included instructions to mail the competed form to Donate Life California.
SB 108 (Speier, Chapter 740, Statutes of 2001) authorized the establishment of a Registry in the California Health and Human Services Agency and required DMV to provide an enrollment form to any peoples coming to obtain or renew their driver’s licenses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Costs (Motor Vehicle Account) of less than $100,000 for DMV to revise forms and electronic applications.
Donate Life California (source)
Blood Centers of California
OPPOSITION: (Verified 8/21/18)
None received
ASSEMBLY FLOOR: 80-0, 8/27/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
8/28/18 12:36:32
**** END ****
2015 Donate Life America Annual Report. https://www.donatelife.net/wp-content/uploads/2016/06/2015-DLA_Annual-Report_FINAL-for-onscreen-viewing.pdf ↑
SENATE THIRD READING
STR Bill Id:SB 987
Author:(Galgiani)
As Amended Ver:August 23, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Transportation | 13-0 | Frazier, Fong, Aguiar-Curry, Baker, Berman, Chu, Daly, Friedman, Gipson, Harper, Mathis, Medina, O'Donnell |
|
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Adds a disclosure to the Department of Motor Vehicles (DMV) driver's license and identification application form related to the Uniform Anatomical Gift Act and makes clarifying changes the form. Specifically, this bill:
Adds the following disclosure to the Department of Motor Vehicles (DMV) driver's license and identification application form related to the choice not to register as an organ donor: "If you marked 'I do not wish to register to be an organ or tissue donor at this time' you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act."
- Makes technical and clarifying changes to the language on the driver's license and identification form related to the Anatomical Gift Act.
- Adds provisions from AB 1873 (Obernolte) of the current legislative session to avoid chaptering out conflicts.
FISCAL EFFECT: According to the Assembly Appropriations Committee, costs (Motor Vehicle Account) of less than $100,000 for DMV to revise forms and electronic applications.
COMMENTS: Organ Donation in California: Since 2001, California has provided for an Organ and Tissue Donor register on DMV registration forms. There are over 14 million Californians registered to be an organ donor, over 90% of which came through the consent form on DMV's driver's license or ID card application form.
The Uniform Anatomical Gift Act authorizes the recovery of an individual's organs and tissues in the event of their death. Those under the age of 18 require parental consent to be an organ donor. Individuals over the age of 18 can give consent by registering as an organ donor with Donate Life California. Organ donations can be used to give to another person in need of an organ, or be used for research purposes. An individual can limit the scope of the organ donations on the Donate Life website.
However, not registering as an organ donor does not guarantee your organs will not be donated. The Uniform Anatomical Gift Act authorizes others to make the decision after death, so long as you have not expressly forbade organ donation in writing or you are known to be part of a religion that expressly prohibits organ donation.
According to Donate Life, California lags behind the national average in the percentage of adults who are registered as donors. 50% of American adults are registered, compared to only 40% of Californians.
Current DMV Form and This Bill: When you go to DMV to fill out your registration form, there are three check boxes on the application under the organ & tissue donation section. The form asks "Do you wish to be an organ or tissue donor?" The first box says "Yes, add or keep my name on the donor registry" and notifies you that a pink dot will be added to your driver's license. The second box states "I do not wish to register to be an organ or tissue donor at this time" and comes with a disclosure that checking the box does not remove you from the registry if you previously registered, and that you must contact Donate Life California to do so. It also notifies you that DMV can remove the pink dot. A third box allows for a voluntary $2 donation.
This bill adds an additional disclosure to the one in statute that is already on the back of DMV's current application form for the "I do not wish to register" check box. This disclosure states: If you marked 'I do not wish to register to be an organ or tissue donor at this time' you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act."
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0004651
SENATE THIRD READING
STR Bill Id:SB 987
Author:(Galgiani)
As Amended Ver:August 6, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Transportation | 13-0 | Frazier, Fong, Aguiar-Curry, Baker, Berman, Chu, Daly, Friedman, Gipson, Harper, Mathis, Medina, O'Donnell | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Adds a disclosure to the Department of Motor Vehicles (DMV) driver's license and identification application form related to the Uniform Anatomical Gift Act and makes clarifying changes the form. Specifically, this bill:
Adds the following disclosure to the Department of Motor Vehicles (DMV) driver's license and identification application form related to the choice not to register as an organ donor: "If you marked 'I do not wish to register to be an organ or tissue donor at this time' you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act."
- Makes technical and clarifying changes to the language on the driver's license and identification form related to the Anatomical Gift Act.
EXISTING LAW:
- Authorizes Donate Life California, a non-profit entity, to maintain the registry for people who have identified themselves as organ, eye, and tissue donors upon their death.
- Requires the DMV to ask verbally of all applicants for original or renewal drivers' licenses or identification (ID) cards if they want to become organ and tissue donors.
- Requires the DMV to include yes or no check boxes specifically asking "Yes, add my name to the donor registry" or "I do not wish to register at this time" on its application for a driver's license or ID card.
- Requires the DMV to include prescribed language with the check boxes that describes what checking "Yes" means and information on how to remove one's name from the registry.
- Requires that an applicant does not need to answer this question or check a box in order to receive a driver's license or ID card.
- Requires the DMV to provide on the back of the application for a driver's license or ID card a disclosure statement that explains that checking yes is legally binding for those 18 years and older and that minors require consent from a parent or guardian, and provides more information on what it means to be a donor.
- Requires the DMV to print the word "DONOR" on the face of a driver's license or ID card to any registrant.
FISCAL EFFECT: According to the Assembly Appropriations Committee, costs (Motor Vehicle Account) of less than $100,000 for DMV to revise forms and electronic applications.
COMMENTS: Organ Donation in California: Since 2001, California has provided for an Organ and Tissue Donor register on DMV registration forms. There are over 14 million Californians registered to be an organ donor, over 90% of which came through the consent form on DMV's driver's license or ID card application form.
The Uniform Anatomical Gift Act authorizes the recovery of an individual's organs and tissues in the event of their death. Those under the age of 18 require parental consent to be an organ donor. Individuals over the age of 18 can give consent by registering as an organ donor with Donate Life California. Organ donations can be used to give to another person in need of an organ, or be used for research purposes. An individual can limit the scope of the organ donations on the Donate Life website.
However, not registering as an organ donor does not guarantee your organs will not be donated. The Uniform Anatomical Gift Act authorizes others to make the decision after death, so long as you have not expressly forbade organ donation in writing or you are known to be part of a religion that expressly prohibits organ donation.
According to Donate Life, California lags behind the national average in the percentage of adults who are registered as donors. 50% of American adults are registered, compared to only 40% of Californians.
Current DMV Form and This Bill: When you go to DMV to fill out your registration form, there are three check boxes on the application under the organ & tissue donation section. The form asks "Do you wish to be an organ or tissue donor?" The first box says "Yes, add or keep my name on the donor registry" and notifies you that a pink dot will be added to your driver's license. The second box states "I do not wish to register to be an organ or tissue donor at this time" and comes with a disclosure that checking the box does not remove you from the registry if you previously registered, and that you must contact Donate Life California to do so. It also notifies you that DMV can remove the pink dot. A third box allows for a voluntary $2 donation.
This bill adds an additional disclosure to the one in statute that is already on the back of DMV's current application form for the "I do not wish to register" check box. This disclosure states: If you marked 'I do not wish to register to be an organ or tissue donor at this time' you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act."
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0003963
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 987
Author:(Galgiani) – As Amended Ver:August 6, 2018
Policy Committee: | Transportation | Vote: | 13 - 0 |
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| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds the following disclosure to the Department of Motor Vehicles (DMV) driver’s license and identification application form related to the choice not to register as an organ donor:
If you marked ‘I do not wish to register to be an organ or tissue donor at this time’ you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.
This bill requires DMV to make the specified changes to these forms at the next scheduled revision of the form.
FISCAL EFFECT:
Costs (Motor Vehicle Account) of less than $100,000 for DMV to revise forms and electronic applications.
COMMENTS:
Background and purpose. Since 2001, California has allowed for organ and tissue donor registration as part of DMV driver license and identification card applications. Currently, there are over 14 million Californians registered as an organ donor, over 90% of which came through the consent form on DMV’s driver license and identification card application forms. However, not registering as an organ donor does not guarantee your organs will not be donated. The Uniform Anatomical Gift Act authorizes others to make the decision after a death that can include organ and tissue donation. This bill adds additional disclosure language to the back of the DMV organ donor form explaining that by selecting the choice on the form to not be a donor does not prevent a person’s family or power of attorney from choosing to donate the deceased’s organs or tissues.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 25, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SBPCA Bill Id:SB 987
Author:(Galgiani) – As Amended Ver:June 20, 2018
SENATE VOTE: 38-0
SUBJECT: Driver’s licenses: organ and tissue donation registry: consent
SUMMARY: Adds the following disclosure to the Department of Motor Vehicles (DMV) driver’s license and identification application form related to the choice not to register as an organ donor: “If you marked ‘I do not wish to register to be an organ or tissue donor at this time’ you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.”
EXISTING LAW:
- Authorizes Donate Life California, a non-profit entity, to maintain the registry for people who have identified themselves as organ, eye, and tissue donors upon their death.
- Requires the DMV to ask verbally of all applicants for original or renewal drivers’ licenses or identification (ID) cards if they want to become organ and tissue donors.
- Requires the DMV to include yes or no check boxes specifically asking “Yes, add my name to the donor registry” or “I do not wish to register at this time” on its application for a driver’s license or ID card.
- Requires the DMV to include prescribed language with the check boxes that describes what checking “Yes” means and information on how to remove one’s name from the registry.
- Requires that an applicant does not need to answer this question or check a box in order to receive a driver’s license or ID card.
- Requires the DMV to provide on the back of the application for a driver’s license or ID card a disclosure statement that explains that checking yes is legally binding for those 18 years and older and that minors require consent from a parent or guardian, and provides more information on what it means to be a donor.
- Requires the DMV to print the word “DONOR” on the face of a driver’s license or ID card to any registrant.
FISCAL EFFECT: Unknown
COMMENTS:
Organ Donation in California: Since 2001, California has provided for an Organ and Tissue Donor register on DMV registration forms. There are over 14 million Californians registered to be an organ donor, over 90% of which came through the consent form on DMV’s driver’s license or ID card application form.
The Uniform Anatomical Gift Act authorizes the recovery of an individual’s organs and tissues in the event of their death. Those under the age of 18 require parental consent to be an organ donor. Individuals over the age of 18 can give consent by registering as an organ donor with Donate Life California. Organ donations can be used to give to another person in need of an organ, or be used for research purposes. An individual can limit the scope of the organ donations on the Donate Life website.
However, not registering as an organ donor does not guarantee your organs will not be donated. The Uniform Anatomical Gift Act authorizes others to make the decision after death, so long as you have not expressly forbade organ donation in writing or you are known to be part of a religion that expressly prohibits organ donation.
According to Donate Life, California lags behind the national average in the percentage of adults who are registered as donors. 50% of American adults are registered, compared to only 40% of Californians.
Current DMV Form and This Bill: When you go to DMV to fill out your registration form, there are three check boxes on the application under the organ & tissue donation section. The form asks “Do you wish to be an organ or tissue donor?” The first box says “Yes, add or keep my name on the donor registry” and notifies you that a pink dot will be added to your driver’s license. The second box states “I do not wish to register to be an organ or tissue donor at this time” and comes with a disclosure that checking the box does not remove you from the registry if you previously registered, and that you must contact Donate Life California to do so. It also notifies you that DMV can remove the pink dot. A third box allows for a voluntary $2 donation.
This bill adds an additional disclosure to the one in statute that is already on the back of DMV’s current application form for the “I do not wish to register” check box. This disclosure states: If you marked ‘I do not wish to register to be an organ or tissue donor at this time’ you are relying on direction in your Durable Power of Attorney for Healthcare or if none exists, the decision of your family member/agent as defined in the California Uniform Anatomical Gift Act.”
Past Legislation: SB 108 (Speier), Chapter 740, Statutes of 2001, authorized the establishment of an Organ and Tissue Donor Registry in the California Health and Human Services Agency and requires DMV to provide an enrollment form to any peoples coming to obtain or renew their driver’s licenses.
SB 112 (Speier), Chapter 405, Statutes of 2003, transferred responsibility for establishing the registry to a private, non-profit organization administered by the four federally-designated OPOs. Required DMV to provide donor registration forms to those applying for drivers’ licenses or identification cards. These forms included instructions to mail the competed form to Donate Life California.
SB 689 (Speier), Chapter 665, Statutes of 2005, required DMV to include on its applications for drivers’ licenses and identification cards a space for the applicant to give his or her consent to be an organ or tissue donor.
SB 1395 (Alquist) Chapter 217, Statutes of 2010, required DMV to update its applications with specified language asking the applicant to check yes or no to add his/her name to the organ donor registry.
REGISTERED SUPPORT / OPPOSITION:
Support
Donate Life California (Sponsor)
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 987
:
SENATE TRANS. & HOUSING COMMITTEE: 13-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/7/18
AYES: Lara, Bates, Beall, Bradford, Hill, Wiener
NO VOTE RECORDED: Nielsen
SOURCE: Donate Life California
DIGEST:
This bill authorizes the Department of Motor Vehicles (DMV), in consultation with Donate Life California, to modify administratively the check boxes on the driver’s license and identification (ID) card application form that ask applicants if they want to sign up for the Donate Life California Organ and Tissue Donor Registry (Registry).
Existing law:
- Authorizes Donate Life California, a non-profit entity, to maintain the Registry for people who have identified themselves as organ, eye, and tissue donors upon their death.
- Requires the DMV to ask verbally of all applicants for original or renewal drivers’ licenses or ID cards if they want to become organ and tissue donors.
- Requires the DMV to include yes or no check boxes specifically asking “Yes, add my name to the donor registry” or “I do not wish to register at this time” on its application for a driver’s license or ID card.
- Requires the DMV to include prescribed language with the check boxes that describes what checking “Yes” means and information on how to remove one’s name from the Registry.
- Requires that an applicant does not need to answer this question or check a box in order to receive a driver’s license or ID card.
- Requires the DMV to provide on the back of the application for a driver’s license or ID card a disclosure statement that explains that checking yes is legally binding for those 18 years and older and that minors require consent from a parent or guardian, and provides more information on what it means to be a donor.
- Requires the DMV to print the word “DONOR” on the face of a driver’s license or ID card to any registrant.
This bill:
- Deletes the prescribed check boxes on the driver’s license/ID card application that ask applicants if they want to sign up for the Registry.
- Requires the DMV, in consultation with Donate Life California, to develop and include check boxes on the application that ask applicants if they want to sign up for the Registry.
- Revises the disclosure statement provided on the application to include a contact phone number for Donate Life California and to clarify the instructions on how to be removed from the Registry and how to limit what can be donated.
- Deletes the references to the “back of the” application.
- Requires that any changes made to the check boxes and the disclosure statement be applied on the next revision of the application.
Background
The DMV has been a longtime partner with Donate Life California and the Registry. In 2001, SB 108 (Speier, Chapter 740) authorized the establishment of a Registry and required the DMV to create and provide donor registration forms to those applying for driver’s licenses and ID cards. SB 112 (Speier, Chapter 405, Statutes of 2003) transferred responsibility for establishing the Registry to Donate Life California, a non-profit entity. SB 689 (Speier, Chapter 665, Statutes of 2005) further required the DMV to provide space on the driver’s license or ID card application forms for applicants to give consent to become organ donors. Most recently, SB 1395 (Alquist, Chapter 217, Statutes of 2010) required the current check boxes that ask people to register as organ donors to be added to the application. Currently, there are over 14 million Californians signed up to be organ donors, over 90% of those coming through the DMV.
Comments
- Purpose. According to the author, there are more than 120,000 individuals waiting for an organ transplant in the United States and nearly 22,000 of them are living in California. One person can save eight lives and enhance 75 others through organ, eye, and tissue donation. This bill will give DMV and Donate Life California the ability to streamline the process for any changes to the organ donation portion of the DMV application. This will allow for the quick implementation of best practices in communication with potential registrants to increase donor lists and save lives.
- Donor Registration Lists Are Lower Than Average. According to Donate Life, California lags behind the national average in the percentage of adults who are registered as organ donors: 40% (California) compared to 50% (US).[1] Donate Life also reports that about 28% of those applying or renewing a driver’s license or ID card in California sign up to be an organ donor. This bill provides the DMV and Donate Life the flexibility to update the application with up-to-date best practices in communication with potential registrants in order to increase the number of registered organ donors in the state.
- Current Language Is Unclear. According to Donate Life, there have been reports of Californians selecting “I do not wish to register” on the application expecting to get taken off the Registry. However, DMV only sends the names of those who select “Yes” to Donate Life. Those who want to remove their names from the Registry must go directly to Donate Life. This bill revises the disclosure statement to provide an additional point of contact for Donate Life (a phone number) and gives DMV, in consultation with Donate Life, the flexibility to change the check boxes so that applicants are better informed of their choices and options regarding organ donor registration.
- DMV is Going Online. The DMV is increasingly shifting their services to online applications and on computers, rather than via paper applications. Therefore, the current language that specifies the “back of the application” is unneeded.
Related/Prior Legislation
SB 108 (Speier, Chapter 740, Statutes of 2001) authorized the establishment of a Registry in the California Health and Human Services Agency and required DMV to provide an enrollment form to any peoples coming to obtain or renew their driver’s licenses.
SB 112 (Speier, Chapter 405, Statutes of 2003) transferred responsibility for establishing the Registry to a private, nonprofit organization administered by the four federally-designated organ procurement organizations. Required DMV to provide donor registration forms to those applying for drivers’ licenses or ID cards. These forms included instructions to mail the competed form to Donate Life California.
SB 689 (Speier, Chapter 665, Statutes of 2005) required DMV to include on its applications for drivers’ licenses and ID cards a space for the applicant to give his or her consent to be an organ or tissue donor.
SB 1395 (Alquist, Chapter 217, Statutes of 2010) required DMV to update its applications with specified language asking the applicant to check yes or no to add his/her name to the Registry.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- One-time DMV programming costs, less than $100,000, to revise the electronic application systems to reflect changes to the Registry check boxes on the DL 44 form (Motor Vehicle Account).
- Minor costs to update hard-copy forms and publications, as the bill allows for changes to be incorporated into the next scheduled revision.
Donate Life California (source)
Blood Centers of California
ARGUMENTS IN SUPPORT: Writing in support of this bill, Donate Life California, the sponsor, states that this bill provides needed flexibility for them to work with DMV administratively to update the organ donation check-off verbiage on the driver’s license/ID application forms.
5/9/18 13:39:28
**** END ****
2015 Donate Life America Annual Report. https://www.donatelife.net/wp-content/uploads/2016/06/2015-DLA_Annual-Report_FINAL-for-onscreen-viewing.pdf ↑
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/10/2018
Author: | Galgiani | ||
Version: | 4/2/2018 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jeffery Song | ||
SUBJECT:
DIGEST: This bill allows the Department of Motor Vehicles (DMV), in consultation with Donate Life California, to modify administratively the check boxes on the driver’s license and ID card application form that ask applicants if they want to sign up for the Donate Life California Organ and Tissue Donor Registry (Registry).
ANALYSIS
Existing law:
- Authorizes Donate Life California, a non-profit entity, to maintain the Registry for people who have identified themselves as organ, eye, and tissue donors upon their death.
- Requires the DMV to ask verbally of all applicants for original or renewal drivers’ licenses or identification cards if they want to become organ and tissue donors.
- Requires the DMV to include yes or no check boxes specifically asking “Yes, add my name to the donor registry” or “I do not wish to register at this time” on its application for a driver’s license or identification (ID) card.
- Requires the DMV to include prescribed language with the check boxes that describes what checking “Yes” means and information on how to remove one’s name from the Registry.
- Requires that an applicant does not need to answer this question or check a box in order to receive a driver’s license or ID card.
- Requires the DMV to provide on the back of the application for a driver’s license or ID card a disclosure statement that explains that checking yes is legally binding for those 18 years and older and that minors require consent from a parent or guardian, and provides more information on what it means to be a donor.
- Requires the DMV to print the word “DONOR” on the face of a driver’s license or ID card to any registrant.
This bill:
- Deletes the prescribed check boxes on the driver’s license/ID card application that ask applicants if they want to sign up for the Registry.
- Requires the DMV, in consultation with Donate Life California, to develop and include check boxes on the application that ask applicants if they want to sign up for the Registry.
- Revises the disclosure statement provided on the application to include a contact phone number for Donate Life California and to clarify the instructions on how to be removed from the Registry and how to limit what can be donated.
- Deletes the references to the “back of the” application.
- Requires that any changes made to the check boxes and the disclosure statement be applied on the next revision of the application.
COMMENTS
- Purpose. According to the author, there are more than 120,000 individuals waiting for an organ transplant in the United States and nearly 22,000 of them are living in California. One person can save eight lives and enhance 75 others through organ, eye, and tissue donation. This bill will give DMV and Donate Life California the ability to streamline the process for any changes to the organ donation portion of the DMV application. This will allow for the quick implementation of best practices in communication with potential registrants to increase donor lists and save lives.
- Background. The DMV has been a longtime partner with Donate Life and the Registry. In 2001, SB 198 (Speier) authorized the establishment of an Organ and Tissue Donor Registry and required the DMV to create and provide donor registration forms to those applying for driver’s licenses and ID cards. SB 112 (Speier, 2003) transferred responsibility for establishing the registry to Donate Life California, a non-profit entity. SB 689 (Speier, 2005) further required the DMV to provide space on the driver’s license or ID card application forms for applicants to give consent to become organ donors. Most recently, SB 1395 (Alquist, 2010) required the current check boxes that ask people to register as organ donors to be added to the application. Currently, there are over 14 million Californians signed up to be organ donors, over 90% of those coming through the DMV.
- What it Means to be an Organ Donor. According to the California’s Uniform Anatomical Gift Act, organ donors, upon registration, legally authorize the recovery of their organs and tissues in the event of their death. For those 18 years or older, this decision does not require the consent of, nor can it be revoked by another person. However, minors require consent from a parent or guardian. Registered organ donors must go to Donate Life California directly to be taken off the registry or to indicate that their donation be limited or restricted (e.g., limited to certain organs, or restricted solely for research purposes).
- Donor Registration Lists Are Lower Than Average. According to Donate Life, California lags behind the national average in the percentage of adults who are registered as organ donors: 40% (CA) compared to 50% (US).[1] Donate Life also reports that about 28 percent of those applying or renewing a driver’s license or ID card in California sign up to be an organ donor. This bill is an attempt to increase these percentages by providing the DMV and Donate Life the flexibility to regularly update the application with up-to-date practices in communication with potential registrants.
- Current Language Is Unclear. According to Donate Life, there have been reports of Californians selecting “I do not wish to register” on the application expecting to get taken off the Registry. However, DMV only sends the names of those who select “Yes” to Donate Life. Californians who want to remove their names from the Registry must go directly to Donate Life. This bill revises the disclosure statement to provide an additional point of contact for Donate Life (a phone number) and gives DMV, in consultation with Donate Life, the flexibility to change the check boxes so that applicants are better informed of their choices and options regarding organ donor registration.
- DMV is Going Online. The DMV is increasingly shifting their services to online applications and on computers, rather than via paper applications. Therefore, the current language that specifies the “back of the application” is unneeded.
Related Legislation
SB 108 (Speier, Chapter 740, Statutes of 2001) — authorized the establishment of an Organ and Tissue Donor Registry in the California Health and Human Services Agency and requires the Department of Motor Vehicles to provide an enrollment form to any peoples coming to obtain or renew their driver’s licenses.
SB 112 (Speier, Chapter 405, Statutes of 2003) — transferred responsibility for establishing the registry to a private, nonprofit organization administered by the four federally-designated OPOs. Required DMV to provide donor registration forms to those applying for drivers’ licenses or identification cards. These forms included instructions to mail the competed form to Donate Life California.
SB 689 (Speier, Chapter 665, Statutes of 2005) — required DMV to include on its applications for drivers’ licenses and identification cards a space for the applicant to give his or her consent to be an organ or tissue donor.
SB 1395 (Alquist, Chapter 217, Statutes of 2010) — required DMV to update its applications with specified language asking the applicant to check yes or no to add his/her name to the organ donor registry.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday, March 4, 2018.)
SUPPORT:
Donate Life California (sponsor)
Blood Centers of California
OPPOSITION:
None received.
-- END --
2015 Donate Life America Annual Report. https://www.donatelife.net/wp-content/uploads/2016/06/2015-DLA_Annual-Report_FINAL-for-onscreen-viewing.pdf ↑
Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
2MIN
Senate Floor
3MIN
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):