AB 2399, as amended, 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.begin insert The bill would require that information gathered or transmitted pursuant to this authorizationend insertbegin insert comply with the Department of Motor Vehicles Information Security Agreement.end insert The bill wouldbegin insert
revise the reference to general characteristics of donors, described above, to instead refer to aggregated data of donors and wouldend insert require the registrar’s annual report to include thebegin delete general characteristicsend deletebegin insert end insertbegin insertaggregated dataend insert 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 1798.90.1 of the Civil Code is amended
2to read:
(a) (1) A business may swipe a driver’s license or
4identification card issued by the Department of Motor Vehicles in
5any electronic device for the following purposes:
6(A) To verify age or the authenticity of the driver’s license or
7identification card.
8(B) To comply with a legal requirement to record, retain, or
9transmit that information.
10(C) To transmit information to a check service company for the
11purpose of approving negotiable instruments, electronic funds
12transfers, or similar methods of payments, provided that only the
13name and identification number from the license
or the card may
14be used or retained by the check service company.
P3 1(D) To collect or disclose personal information that is required
2for reporting, investigating, or preventing fraud, abuse, or material
3misrepresentation.
4(2) An organ procurement organization may swipe a driver’s
5license or identification card issued by the Department of Motor
6Vehicles in any electronic device to transmit information to the
7Donate Life California Organ and Tissue Donor Registry
8established pursuant to Section 7150.90 of the Health and Safety
9Code for the purposes of allowing an individual to identify himself
10or herself as a registered organ donor.begin insert
Information gathered or
11transmitted pursuant to this paragraph shall comply with the
12Department of Motor Vehicles Inend insertbegin insertformation Security Agreementend insertbegin insert.end insert
13(3) A business or organ procurement organization shall not
14retain or use any of the information obtained by that electronic
15means for any purpose other than as provided herein.
16(b) As used in this section:
17(1) “Business” means a proprietorship, partnership, corporation,
18or any other form of commercial enterprise.
19(2) “Organ procurement organization” means a
person
20designated by the Secretary of the federal Department of Health
21and Human Services as an organ procurement organization.
22(c) A violation of this section constitutes a misdemeanor
23punishable by imprisonment in a county jail for no more than one
24year, or by a fine of no more than ten thousand dollars ($10,000),
25or by both.
Section 7150.90 of the Health and Safety Code is
27amended to read:
(a) The California organ procurement organizations
29designated pursuant to Section 273 and following of Title 42 of
30the United States Code, are hereby authorized to establish a
31not-for-profit entity that shall be designated the California Organ
32and Tissue Donor Registrar, which shall establish and maintain
33the California Organ and Tissue Donor Registry, to be known as
34the Donate Life California Organ and Tissue Donor Registry. The
35registry shall contain information regarding persons who have
36identified themselves as organ and tissue donors upon their death.
37The registrar shall be responsible for developing methods to
38increase the number of donors who enroll in the registry.
39(b) The registrar shall make available to the
federally designated
40organ procurement organizations (OPOs) in California and the
P4 1state licensed tissue and eye banks information contained in the
2registry regarding potential donors on a 24-hour-a-day,
3seven-day-a-week basis. This information shall be used to expedite
4a match between identified organ and tissue donors and potential
5recipients.
6(c) The registrar may receive voluntary contributions to support
7the registry and its activities.
8(d) The registrar shall submit an annual written report to the
9State Public Health Officer and the Legislature that includes all
10of the following:
11(1) The number of donors on the registry.
12(2) The changes in the number of donors on the registry.
13(3) Thebegin delete general characteristicsend deletebegin insert
aggregated dataend insert of donors as
14may be determined by information provided on the donor registry
15forms pursuant to Sections 12811 and 13005 of the Vehicle Code.
16(4) Thebegin delete general characteristicsend deletebegin insert aggregated dataend insert of donors as
17may be determined by information transmitted to the registry
18pursuant to Section 1798.90.1 of the Civil Code to identify an
19individual as a registered organ donor.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
O
98