BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2399
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2399 (John A. Pérez)
          As Amended August 21, 2014
          Majority vote 
           
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          |ASSEMBLY:  |76-0 |(May 19, 2014)  |SENATE: |33-0 |(August 25,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Authorizes an organ procurement organization to swipe  
          a driver's license or identification card to transmit a donor's  
          personal information to the organ and tissue donor register, as  
          specified.  Specifically,  this bill :  

          1)Provides that an organ procurement organization may swipe a  
            driver's license or identification card issued by the  
            Department of Motor Vehicles (DMV) in an electronic device to  
            transmit information to the Donate Life California Organ and  
            Tissue Donor Registry for the purposes of allowing an  
            individual to identify himself or herself as a registered  
            organ donor. 

          2)Requires that information gathered or transmitted by the  
            procurement organization comply with the DMV Information  
            Security Agreement.

          3)Requires the organ procurement organization to provide  
            specified notice to the donor applicant prior to swiping the  
            driver's license or identification card and specifies the  
            procedure by which information shall be submitted. 

          4)Prohibits an organ procurement organization from retaining or  
            using any of the information obtained by electronic means for  
            any purpose other than operating the organ and donor registry.  


          5)Defines "organ procurement organization" to mean a person  
            designated by the Secretary of the United States Department of  
            Health and Human Services as an organ procurement  
            organization.  

           The Senate amendments  : 








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          1)Require the organ procurement organization to provide  
            specified notice to the donor applicant prior to swiping the  
            driver's license or identification card and specifies the  
            procedure by which information shall be submitted. 

          2)Change the term "aggregated data" to "nonidentifiable  
            information" to clarify the meaning and be consistent with  
            other provisions of the Vehicle Code. 
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  The Uniform Anatomical Gift Act allows a person to  
          make a gift of his or her body (or any part, organ, or tissue)  
          for the purpose of performing transplants or for medical  
          research or education purposes.  Since the Uniform Anatomical  
          Gift Act was first enacted in 1988, most donor registrations  
          have occurred through the DMV when someone applies for, or  
          renews, a driver's license or identification card.  In 2003, SB  
          112 (Speier), Chapter 405, authorized four non-profit "organ  
          procurement organizations" to establish and maintain the Donate  
          Life California (DLC) Organ and Tissue Donor Registry  
          (Registry).  As in the past, most donor registrations occur at  
          the time of license application or renewal.  Online registration  
          is also available, but apparently seldom used.  Donor  
          procurement organizations also proactively register donors  
          through outreach at a variety of community events, often by  
          setting up informational tables, collecting information from  
          voluntary donors, and recording information on paper forms.   
          Information collected is then subsequently entered into the  
          Registry.  These outreach events give the organizations the  
          opportunity to reach people during the five years before a  
          license or identification card must be renewed.  

          However, this existing paper-form system has its drawbacks.  To  
          begin with, paper forms take more time to complete, and the  
          information may be recorded illegibly or inaccurately.  Paper  
          forms must then be transported to a place where the information  
          on the form can be entered into the Registry (which is not only  
          time-consuming but also presents another opportunity for error).  
           Allowing the use of electronic swiping and transmission, DLC  
          believes, will be faster and more accurate, and it will avoid  
          the need to transport paper forms.  Information scanned from the  
          magnetic stripe - the same information that is on the front of  








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          the license - can be encrypted and sent to the Registry in real  
          time.  The device that swipes information from the magnetic  
          stripe can be easily attached to a smart phone, making  
          collection and transmission all the easier. 

          DLC, as an official state partner of DMV, must adhere to the DMV  
          Information Security Agreement, which incorporates information  
          security standards promulgated by the National Institute of  
          Standards and Technology (NIST).  NIST standards represent  
          current "best practices" in information system management and  
          technical safeguards that are designed to protect the  
          confidentiality, integrity, and availability of the system and  
          its information.  These standards cover everything from training  
          and access authentication to technical safeguards such as  
          encryption.  Under existing law, the NIST standards already  
          protect the integrity and security of the Registry itself.  This  
          bill will require that the DMV Information Security Agreement  
          and the NIST standards also apply to the gathering and  
          transmission of the information to the Registry.  In particular,  
          information collected by electronic devices - most likely  
          attached to smart phones - will be encrypted.  Once submitted to  
          the Registry, the sponsor states, any information remaining on  
          the device will be deleted.  Indeed the bill prohibits the organ  
          procurement organizations from maintaining or using the  
          information for any purpose beyond those authorized by this bill  
          - that is, to submit the information to the Registry, and  
          nothing else.  There is, of course, no perfectly secure means of  
          collecting and transmitting digitized data, just as there is no  
          perfectly secure means of handling paper forms containing the  
          same information. 

           
          Analysis Prepared by  :   Thomas Clark / JUD. / (916) 319-2334 


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