Amended  IN  Senate  June 28, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 490

Introduced by Assembly Member Vince Fong
(Coauthor: Assembly Member Juan Carrillo)

February 07, 2023

An act to amend, repeal, and add Section 1672 amend Section 12811.4 of the Vehicle Code, relating to organ and tissue donation.


LEGISLATIVE COUNSEL'S DIGEST


AB 490, as amended, Vince Fong. National Marrow Donor Program.
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 to make available in a public area of each office information about the California Organ and Tissue Donor Registry and how gifts can be made. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver’s license or a renewal of a driver’s license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal driver’s license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry.

This bill would, beginning January 1, 2027, require the department to also provide information on the National Marrow Donor Program registry.

Existing law, Charlie’s Law, beginning January 1, 2027, requires an electronic application for an original or renewal driver’s license or identification card to contain a solicitation for the applicant to enroll in the National Marrow Donor Program’s (NMDP) registry as a bone marrow or blood stem cell donor. Under existing law, an applicant’s election to enroll in the NMDP’s registry constitutes consent to their information being transmitted to the NMDP for the purposes of completing enrollment in the registry. Existing law requires the department to enter into a memorandum of understanding with the NMDP, as specified, and to transmit weekly specified applicant information to the NMDP.
This bill would require the department to also enter into a memorandum of understanding with the NMDP regarding the distribution of information on the NMDP, and would require that, upon an agreement with the NMDP, any signs, pamphlets, or brochures be provided at no cost to the department.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12811.4 of the Vehicle Code is amended to read:

12811.4.
 (a) This section shall be known, and may be cited, as Charlie’s Law.
(b) An electronic application for an original or renewal driver’s license or identification card shall contain a solicitation for the applicant to enroll in the registry operated by the National Marrow Donor Program. The application shall include a question regarding enrollment pursuant to subdivision (c) and check boxes for an applicant to mark either of the following:
(1) Yes, I would like to enroll in the registry to be a potential bone marrow or blood stem cell donor. I consent to my information being shared with the National Marrow Donor Program for the purposes of enrollment. I understand that I am not enrolled at this time and must complete the National Marrow Donor Program enrollment forms and cheek swab to be a registered bone marrow donor. I am aware that after enrollment, if matched, I have the ability to refuse to donate at any point.
(2) No, I do not wish to enroll at this time.
(c) An applicant’s election to enroll in the National Marrow Donor Program’s registry shall constitute consent to their information being transmitted to the National Marrow Donor Program for the purposes of completing enrollment in the registry. After submitting their electronic application for an original or renewal driver’s license or identification card, the applicant shall receive a followup communication to complete the National Marrow Donor Program application.
(d) The department shall enter into a memorandum of understanding with the National Marrow Donor Program to mutually agree upon both all of the following:
(1) The language of the question of enrollment required by subdivision (b). The language may define enrollment and donor requirements, including, but not limited to, limits on the transferring of data to only those eligible for enrollment in the National Marrow Donor Program, and may provide the corresponding disclosures.
(2) The language of the followup communication described in subdivision (c).
(3) Distribution of information on the National Marrow Donor Program. Upon an agreement with the National Marrow Donor Program, any signs, notices, pamphlets, and brochures shall be provided without cost to the department.
(e) On a weekly basis, the department shall electronically transmit to the National Marrow Donor Program all of the following information from every application that indicates the applicant’s intent to enroll as a potential bone marrow or blood stem cell donor:
(1) The applicant’s true full name.
(2) The applicant’s residence or mailing address.
(3) The applicant’s date of birth.
(4) The applicant’s telephone number.
(5) The applicant’s email address.
(f) The department and the California Health and Human Services Agency shall post the enrollment form on its internet website.
(g) Enrollment in the National Marrow Donor Program registry through the department does not 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 does not require registrants to donate if they are matched.
(h) Information obtained by the National Marrow Donor Program shall be used only for registry operations consistent with the informed consent of the applicant. Information obtained by the National Marrow Donor Program for the purposes of this section shall not be disseminated further by the National Marrow Donor Program.
(i) A public entity or its employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the enrollment form provided pursuant to this section.
(j) This section shall become operative on January 1, 2027.

SECTION 1.Section 1672 of the Vehicle Code is amended to read:
1672.

(a)The department shall make available, in the public area of each office of the department where applications for driver’s licenses or identification cards are received, space for a sign or notice briefly describing 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 information about the California Organ and Tissue Donor Registry and about how private donations may be made.

(b)The department shall make available to the public in its offices a pamphlet or brochure providing more detailed information on the California Organ and Tissue Donor Registry and information about how private donations may be made.

(c)The signs, notices, pamphlets, and brochures specified in subdivisions (a) and (b) shall be provided without cost to the department by responsible private parties associated with the anatomical gift program.

(d)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 2.Section 1672 is added to the Vehicle Code, to read:
1672.

(a)The department shall make available, in the public area of each office of the department where applications for driver’s licenses or identification cards are received, space for a sign or notice briefly describing 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 information about the California Organ and Tissue Donor Registry, the National Marrow Donor Program registry, and information about how private donations may be made.

(b)The department shall make available to the public in its offices a pamphlet or brochure providing more detailed information on the California Organ and Tissue Donor Registry, the National Marrow Donor Program registry, and information about how private donations may be made.

(c)The signs, notices, pamphlets, and brochures specified in subdivisions (a) and (b) shall be provided without cost to the department by responsible private parties associated with the anatomical gift program and the National Marrow Donor Program registry.

(d)This section shall become operative on January 1, 2027.