SB2692

SECTION 1. The legislature finds that as of 2021, there are more than four hundred patients in the State waiting for heart, liver, kidney, or pancreas transplants, and even more in need of cornea or bone marrow transplants. Although approximately sixty-three per cent of the eligible population in the State are registered organ donors, there is still a need for more organ donors to meet the needs of the many patients waiting for an organ.

Research shows that the actual percentage of the eligible population who are willing to be organ donors is much higher than sixty-three per cent. This discrepancy occurs because an applicant may fail to check "yes" to being an organ donor on the driver's license application or driver's license renewal application. The State's current driver's license and renewal application only has a "yes" option for organ donation and if the box is left blank, the application is still accepted and it is presumed that the applicant does not wish to be an organ donor.

The legislature finds that the percentage of eligible individuals who are willing to be organ donors can be increased by requiring an applicant to affirmatively choose "yes" or "no" as to whether they want to be an organ donor. Research has shown that requiring an applicant to affirmatively state their organ donation preference greatly increases the percentage of individuals willing to be organ donors.

The purpose of this Act is to:

(1) Require an applicant for a Hawaii driver's license or driver's license renewal to affirmatively select either "yes" or "no" as to whether the applicant wishes to be an organ donor; and

(2) Require the applicant to be provided with a brochure about organ donation at the time of application.

SECTION 2. Section 286-107, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) No driver's license shall be renewed by the examiner of drivers unless:

(1) The examiner of drivers is satisfied of the applicant's fitness to continue to operate a motor vehicle;

(2) The fee required by subsection (d) is tendered together with the application for renewal; [~~and~~]

(3) The applicant complies with section 286-102.5[.]; and

(4) The applicant has affirmatively indicated on the application whether the applicant wishes to be an organ donor in the event of the applicant's death."

SECTION 3. Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in section 286-107.5(a), the examiner of drivers shall examine every applicant for a driver's license, except as otherwise provided in this part. The examination shall include a test of:

(1) The applicant's eyesight and any further physical examination that the examiner of drivers finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways;

(2) The applicant's ability to understand highway signs regulating, warning, and directing traffic;

(3) The applicant's knowledge of the rules of the road based on the traffic laws of the State and the traffic ordinances of the county where the applicant resides or intends to operate a motor vehicle; provided that the examination shall specifically test the applicant's knowledge of the provisions of section 291C-121.5 and section 291C-137; and

(4) The actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

The examinations shall be appropriate to the operation of the category of motor vehicle for which the applicant seeks to be licensed and shall be conducted as required by the director.

The examiner of drivers shall require every applicant to comply with section 286-102.5.

The examiner of drivers may waive the actual demonstration of ability to operate a motorcycle or motor scooter for any person who furnishes evidence, to the satisfaction of the examiner of drivers, that the person has completed the motorcycle education course approved by the director in accordance with section 431:10G-104.

At the time of examination, an informational brochure about organ donation shall be made available to every applicant for a driver's license by the examiner of drivers.

For the purposes of this section, the term "applicant" does not include any person reactivating a license under section 286‑107.5(a)."

SECTION 4. Section 286-109.5, Hawaii Revised Statutes, is amended to read as follows:

"§286-109.5 Designation of anatomical gift. The examiner of drivers shall design and implement a system to request anatomical gift information from all applicants for a driver's license or license renewal, at the time of application, including a method of directly imprinting on a license an applicant's designation of whether the applicant wishes to be an organ donor. The request shall elicit either a "yes" or "no" response as to whether the applicant wishes to be an organ donor in the event of the applicant's death. The examiner of drivers shall also design a brochure explaining organ donation that shall be made available to all applicants for a driver's license or license renewal."

SECTION 5. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Every application shall state the full name, date of birth, gender designation, occupation, veteran status if applicable (including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens) and desired by the applicant, social security number if the applicant is eligible for a social security number, whether or not the applicant wishes to be an organ donor in the event of the applicant's death, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal.

The examiner of drivers shall not require documentation for an applicant's selection of gender designation or an applicant's request for an amendment to a gender designation other than the applicant's self-certification of their chosen gender designation; provided that the examiner of drivers shall not be prohibited from requiring documentation that may incidentally show an applicant's birth sex category if the documentation is necessary to establish that the applicant is legally entitled to a license.

For purposes of this subsection, "gender designation" shall have the same meaning as in section 286-109(a)."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2692
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII