MEASURE :  S.B. No. 38
AUTHOR(S) :  Denham (Principal coauthor: Assembly Member Cogdill).
TOPIC :  Organ and tissue donation:  donations to incarcerated
 persons.
HOUSE LOCATION :  SEN

TYPE OF BILL :
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  01/08/2003
LAST HIST. ACTION   :  To Coms. on  H. & H.S. and  RLS.
COMM. LOCATION :  SEN HEALTH AND HUMAN SERVICES

TITLE :  An act to amend Sections 12811 and 13005 of the Vehicle
 Code, relating to organ and tissue donation.

BILL NUMBER: SB 38 INTRODUCED
 BILL TEXT
 

INTRODUCED BY   Senator Denham
   (Principal coauthor: Assembly Member Cogdill)

                        DECEMBER 20, 2002

   An act to amend Sections 12811 and 13005 of the Vehicle Code,
relating to organ and tissue donation.
 

 LEGISLATIVE COUNSEL'S DIGEST
 

   SB 38, as introduced, Denham.  Organ and tissue donation:
donations to incarcerated persons.
   Existing law contains provisions known as the Uniform Anatomical
Gift Act and the Organ and Tissue Donor Registry Act of 2001.
Related provisions of existing law require the Department of Motor
Vehicles to provide forms and other information related to these
acts, in connection with the issuance of a license or identification
card, as specified.
   This bill would require these forms provided by the department
relating to organ and tissue donation to include a provision allowing
the donor to indicate whether he or she desires to prohibit a
donation to any person who is incarcerated in state prison or a
county jail.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.
 

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
 

  SECTION 1.  Section 12811 of the Vehicle Code, as amended by
Section 218 of Chapter 664 of the Statutes of 2002, is amended to
read:
   12811.  (a) (1) When the department determines that the applicant
is lawfully entitled to a license, it shall issue to the person a
driver's license as applied for.  The license shall state the class
of license for which the licensee has qualified and shall contain the
distinguishing number assigned to the applicant, the date of
expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph of
the licensee for the purpose of identification, and space for the
signature of the licensee.
   Each license shall also contain a space for the endorsement of a
record of each suspension or revocation thereof.
   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) The department shall provide a form that, when completed, may
be carried with the license, by which the licensee may indicate his
or her willingness and intent to make an anatomical gift, including
the gift of a pacemaker, or his or her refusal to make an anatomical
gift pursuant to Section 7150.5 of the Health and Safety Code, and,
if applicable, the date that a pacemaker was implanted.  The form
shall be designed to obtain information sufficient to identify the
nature of the anatomical gift and shall include, but not be limited
to, all of the following:
   (1) A space for the signature of the potential donor.
   (2) A space for the signature of one or more witnesses, which
should include the spouse, parent, or adult child of the donor or any
other next of kin.
   (3) A statement sufficient in its terms to meet the requirements
of the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with
Section 7150) of Part 1 of Division 7 of the Health and Safety Code).

   (4) A space for the donor to indicate whether the donor desires to
donate tissues or organs, or both, or the donor's entire body for
the purpose of transplantation or medical research, or both.
   (5)  A space for the donor to indicate whether the donor
desires to prohibit a donation to any person who is incarcerated in
state prison or a county jail.
   (6)  Text informing the donor that the form is a legally
binding document, which shall remain binding after death despite any
expressed desires of next of kin opposed to the donation.
   (6)
   (7)  Text requiring the donor to discuss the decision to
donate with family, friends, or any other person who might be
directly affected by the donation, particularly those next of kin who
might object to the decision and a space for the donor's initials to
acknowledge that it is the donor's responsibility to comply with
this requirement.
   (7)
   (8)  Text informing the donor that rescission of the decision
to donate shall require the completion of a new form and the removal
of the sticker described in Section 1672.5 from the driver's license
or identification card.
   (c) (1) The statement required under paragraph (3) of subdivision
(b) shall not be deemed to be effective unless both of the following
conditions have been met:
   (A) The statement is signed by the licensee.
   (B) The licensee is 18 years of age or older at the time of
signing.
   (2) If the licensee cannot sign, the statement may be signed for
the licensee, at his or her direction and in his or her presence, in
the presence of two witnesses who shall sign the statement in his or
her presence.
   (d) The department shall present the form provided under
subdivision (b), and explain its use, to each applicant for a license
or license renewal.
   (e) The anatomical gift shall become effective upon the death of
the licensee.
   (f) No public entity or employee is liable for any loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
   (g) No contract may be let to any nongovernmental entity for the
processing of driver's licenses, unless the department receives two
or more qualified bids from independent, responsible bidders.
   (h) This section shall become inoperative on the date the Director
of Finance makes the determination described in subdivision (d) of
Section 7152.7 of the Health and Safety Code.
  SEC. 2.  Section 12811 of the Vehicle Code, as amended by Section
5.5 of Chapter 740 of the Statutes of 2001, is amended to read:
   12811.  (a) (1) When the department determines that the applicant
is lawfully entitled to a license, it shall issue to the person a
driver's license as applied for.  The license shall state the class
of license for which the licensee has qualified and shall contain the
distinguishing number assigned to the applicant, the date of
expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph of
the licensee for the purpose of identification, and space for the
signature of the licensee.
   Each license shall also contain a space for the endorsement of a
record of each suspension or revocation thereof.
   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) Upon issuance of a new driver's license or a renewal of a
driver's license or the issuance of an identification card, the
department shall provide information on organ and tissue donation,
including a standardized form to be filled out by an individual who
desires to enroll in the Organ and Tissue Donor Registry with
instructions for mailing the completed form to the California Health
and Human Services Agency, including a donor dot that may be affixed
to the new driver's license or identification card.
   (2) The enrollment form shall be simple in design and shall be
produced by the department in cooperation with the California Health
and Human Services Agency and shall require all of the following
information to be supplied by an enrollee:
   (A) Date of birth, sex, full name, and other information deemed
necessary to provide a positive identification of an individual.
   (B) Consent for organs or tissues to be donated for transplant
after death.
   (C) Any limitation of the donation to specific organs or tissues.

   (D) A space for the donor to indicate whether the donor desires to
prohibit a donation to any person who is incarcerated in state
prison or a county jail.
   (3) The form shall also include both of the following:
   (A) A description of the process for having a name removed from
the registry, and the process for donating money to the Organ and
Tissue Donor Registry Fund.
   (B) A statement that the name of any person who enrolls in the
registry pursuant to this section shall be made available to
federally recognized donor organizations.
   (4) The registry enrollment form shall be posted on the Web sites
for the department and the agency.
   (5) The form shall constitute a legal document under the Uniform
Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code) and shall remain
binding after the donor's death despite any express desires of next
of kin opposed to the donation.
   (6) The agency shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
   (7) Information obtained by the department for the purposes of
this subdivision shall be used for these purposes only and shall not
be disseminated further by the department or the California Health
and Human Services Agency.
   (c) A public entity or employee shall not be liable for any loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
   (d) No contract may be let to any nongovernmental entity for the
processing of driver's licenses, unless the department receives two
or more qualified bids from independent, responsible bidders.
   (e) This section shall become operative on the date the Director
of Finance makes the determination described in subdivision (d) of
Section 7152.7 of the Health and Safety Code.
  SEC. 3.  Section 13005 of the Vehicle Code, as amended by Section
6.8 of Chapter 740 of the Statutes of 2001, is amended to read:
   13005.  (a) The identification card shall resemble in appearance,
so far as is practicable, a driver's license issued pursuant to this
code.  It shall adequately describe the applicant, bear his or her
picture, and be produced in color or engraved by a process or
processes that prohibit as near as possible, the ability to alter or
reproduce the identification card, or prohibit the ability to
superimpose a picture or photograph on the identification card
without ready detection.
   (b) (1) Upon issuance of a new identification card, or renewal of
an identification card, the department shall provide information on
organ and tissue donation, including a standardized form to be filled
out by an individual who desires to enroll in the Organ and Tissue
Donor Registry with instructions for mailing the completed form to
the California Health and Human Services Agency.
   (2) The enrollment form shall be simple in design and shall be
produced by the department, in cooperation with the California Health
and Human Services Agency, and shall require all of the following
information to be supplied by the enrollee:
   (A) Date of birth, sex, full name, address, and home telephone
number.
   (B) Consent for organs or tissues to be donated for transplant
after death.
   (C) Any limitation of the donation to specific organs or tissues.

   (D) An indication whether the donor desires to prohibit a donation
to any person who is incarcerated in state prison or a county jail.

   (3) The form shall also include a description of the process for
having a name removed from the registry, and the process for donating
money to the Organ and Tissue Donor Registry Fund.
   (4) The registry enrollment form shall be posted on the Web sites
for the department and the California Health and Human Services
Agency.
   (5) The form shall constitute a legal document under the Uniform
Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code).
   (6) The agency shall ensure that all additions and deletions to
the registry shall occur within 30 days of receipt.
   (7) Information obtained by the department for the purposes of
this subdivision shall be used for these purposes only and shall not
further be disseminated by the department or the California Health
and Human Services Agency.
   (c) No contract may be let to any nongovernmental entity for the
processing of identification cards unless the department receives two
or more qualified bids from independent, responsible bidders.
   (d) This section shall become operative on the date the Director
of Finance makes the determination described in subdivision (d) of
Section 7152.7 of the Health and Safety Code.