California Legislature—2013–14 Regular Session

Assembly Bill No. 2399

Introduced by Assembly Member John A. Pérez

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 introduced, 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. The bill would require the registrar’s annual report to include the general characteristics 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)  begin delete Any end delete begin insert A end insert 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.

begin insert

(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.

end insert begin delete

(2)

end delete

begin insert (3) end insert  A business begin delete may end delete begin insert or organ procurement organization shall end insert
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 begin delete section, “business” end delete begin insert section: end insert

begin insert (1) end insert begin insert   end insert begin insert “Business” end insert means a proprietorship, partnership, corporation,
or any other form of commercial enterprise.

begin insert

(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.

end insert

(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 begin insert of end insert 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 of donors as may be determined
by information provided on the donor registry forms pursuant to
Sections 12811 and 13005 of the Vehicle Code.

begin insert

(4) The general characteristics 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.

end insert

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.