DRIVER LICENSE/ANATOMICAL GIFTS

Senate Bill 541 (as passed by the Senate)

Sponsor:  Sen. John Proos

House Committee:  Transportation and Infrastructure

Senate Committee:  Transportation

Complete to 11-28-16                                                                             (Public Act 451 of 2016)

SUMMARY:

Senate Bill 541 would amend the Michigan Vehicle Code (MCL 257.3070 to do the following:

·         Require the Secretary of State to inquire, orally or in writing, whether an applicant for an original or renewal operator's or chauffeur's license wants to participate in the Anatomical Gift Donor Registry Program, if the applicant is not already a participant.

·         Specify that the Secretary of State or an employee would not be civilly or criminally liable for failure to inquire.

·         Give the Secretary of State the option to provide organ donor information orally, rather than using printed material, when an applicant appeared at a branch office.

·         Specify that the Secretary of State is not required to maintain a record of individuals who did not indicate a willingness to have their names placed on the donor registry of the Anatomical Gift Donor Registry Program, or who did not respond to the inquiry about participating in the program.

Under current law, the Secretary of State must provide the following to an applicant for and operator's or chauffer's license: (1) information explaining the applicant's right to make an anatomical gift in the event of death; (2) information describing the Anatomical Gift Donor Registry Program under Part 101 of the Public Health Code, including the address and telephone number of Michigan's federally designated organ procurement organization or its successor organization; and (3) information giving the applicant the opportunity to be placed on the donor registry.  In addition, the Secretary of state must offer the applicant the opportunity to specify on the driver license if he or she is willing to make an anatomical gift in the event of death.

FISCAL IMPACT:

The bill would not have a fiscal impact on state or local government.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Perry Zielak

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.