Bill Text: CA AB2399 | 2013-2014 | Regular Session | Chaptered
Bill Title: Organ and tissue donor registry: driver's license information.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 569, Statutes of 2014. [AB2399 Detail]
Download: California-2013-AB2399-Chaptered.html
BILL NUMBER: AB 2399 CHAPTERED
BILL TEXT
CHAPTER 569
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2014
APPROVED BY GOVERNOR SEPTEMBER 25, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
INTRODUCED BY Assembly Member John A. Pérez
(Coauthor: Assembly Member Frazier)
(Coauthor: Senator Berryhill)
FEBRUARY 21, 2014
An act to amend Section 1798.90.1 of the Civil Code, and to amend
Section 7150.90 of the Health and Safety Code, relating to anatomical
gifts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2399, John A. Pérez. Organ and tissue donor registry: driver's
license information.
The Uniform Anatomical Gift Act authorizes specified state organ
procurement organizations to establish a not-for-profit entity
designated the California Organ and Tissue Donor Registrar, and
requires that entity to establish and maintain the Donate Life
California Organ and Tissue Donor Registry. The act requires the
registrar to submit an annual written report to the State Public
Health Officer and the Legislature with specified information,
including the general characteristics of donors as may be determined
by information provided on donor registry forms.
Existing law authorizes a business to swipe a driver's license or
identification card issued by the Department of Motor Vehicles in any
electronic device for prescribed verification and informational
purposes. Existing law prohibits a business that swipes a driver's
license or identification card in an electronic device from
maintaining or using that information for any other purpose. A
violation of those provisions is a misdemeanor.
This bill would authorize an organ procurement organization, as
defined, to swipe a driver's license or identification card to
transmit information to the registry described above for the purpose
of allowing an individual to identify himself or herself as a
registered organ donor, subject to a specified procedure. The bill
would require that information gathered or transmitted pursuant to
this authorization comply with the Department of Motor Vehicles
Information Security Agreement. The bill would revise the reference
to general characteristics of donors, described above, to instead
refer to the nonidentifiable information, as specified, of donors and
would require the registrar's annual report to include the
nonidentifiable information of donors as may be determined by
information transmitted to the registry, as specified. By expanding
the types of information that a business may obtain, the unauthorized
retention or use of which would be a crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1798.90.1 of the Civil Code is amended to read:
1798.90.1. (a) (1) A business may swipe a driver's license or
identification card issued by the Department of Motor Vehicles in any
electronic device for the following purposes:
(A) To verify age or the authenticity of the driver's license or
identification card.
(B) To comply with a legal requirement to record, retain, or
transmit that information.
(C) To transmit information to a check service company for the
purpose of approving negotiable instruments, electronic funds
transfers, or similar methods of payments, provided that only the
name and identification number from the license or the card may be
used or retained by the check service company.
(D) To collect or disclose personal information that is required
for reporting, investigating, or preventing fraud, abuse, or material
misrepresentation.
(2) (A) An organ procurement organization may swipe a driver's
license or identification card issued by the Department of Motor
Vehicles in any electronic device to transmit information to the
Donate Life California Organ and Tissue Donor Registry established
pursuant to Section 7150.90 of the Health and Safety Code for the
purposes of allowing an individual to identify himself or herself as
a registered organ donor. Information gathered or transmitted
pursuant to this paragraph shall comply with the Department of Motor
Vehicles Information Security Agreement.
(B) Prior to swiping a driver's license or identification card
issued by the Department of Motor Vehicles, an organ procurement
organization shall provide clear and conspicuous notice to the
applicant and shall follow the procedure prescribed in this
subparagraph:
(i) Once the applicant's information is populated on the
electronic form, the applicant shall verify that the information is
accurate and shall click "submit" after reading a clear and
conspicuous consent message, which shall not be combined with or
contained within another message, acknowledging that the applicant's
information will be used for the sole purpose of being added to the
registry.
(ii) The applicant shall provide his or her signature to complete
registration.
(iii) The organization or registry system shall provide a written
confirmation to the applicant confirming that he or she is signed up
as an organ and tissue donor.
(3) A business or organ procurement organization shall not retain
or use any of the information obtained by that electronic means for
any purpose other than as provided herein.
(b) As used in this section:
(1) "Business" means a proprietorship, partnership, corporation,
or any other form of commercial enterprise.
(2) "Organ procurement organization" means a person designated by
the Secretary of the federal Department of Health and Human Services
as an organ procurement organization.
(c) A violation of this section constitutes a misdemeanor
punishable by imprisonment in a county jail for no more than one
year, or by a fine of no more than ten thousand dollars ($10,000), or
by both.
SEC. 2. Section 7150.90 of the Health and Safety Code is amended
to read:
7150.90. (a) The California organ procurement organizations
designated pursuant to Section 273 and following of Title 42 of the
United States Code, are hereby authorized to establish a
not-for-profit entity that shall be designated the California Organ
and Tissue Donor Registrar, which shall establish and maintain the
California Organ and Tissue Donor Registry, to be known as the Donate
Life California Organ and Tissue Donor Registry. The registry shall
contain information regarding persons who have identified themselves
as organ and tissue donors upon their death. The registrar shall be
responsible for developing methods to increase the number of donors
who enroll in the registry.
(b) The registrar shall make available to the federally designated
organ procurement organizations (OPOs) in California and the state
licensed tissue and eye banks information contained in the registry
regarding potential donors on a 24-hour-a-day, seven-day-a-week
basis. This information shall be used to expedite a match between
identified organ and tissue donors and potential recipients.
(c) The registrar may receive voluntary contributions to support
the registry and its activities.
(d) The registrar shall submit an annual written report to the
State Public Health Officer and the Legislature that includes all of
the following:
(1) The number of donors on the registry.
(2) The changes in the number of donors on the registry.
(3) The nonidentifiable information, as specified in subparagraph
(C) of paragraph (9) of subdivision (b) of Section 12811 of the
Vehicle Code, of donors as may be determined by information provided
on the donor registry forms pursuant to Sections 12811 and 13005 of
the Vehicle Code.
(4) The nonidentifiable information, as specified in subparagraph
(C) of paragraph (9) of subdivision (b) of Section 12811 of the
Vehicle Code, of donors as may be determined by information
transmitted to the registry pursuant to Section 1798.90.1 of the
Civil Code to identify an individual as a registered organ donor.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
