Bill Text: CA AB2399 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2399 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

BILL NUMBER: AB 2399	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2014

INTRODUCED BY   Assembly Member John A. P�rez

                        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, as amended, John A. P�rez. 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.  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
aggregated data of donors and would  require the registrar's
annual report to include the  general characteristics
    aggregated data  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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) 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 In
  formation Security Agreement   . 
   (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  general characteristics   aggregated
data  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  general characteristics   aggregated
data  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.