A BILL TO BE ENTITLED
AN ACT to PROVIDE INTERNET ACCESS BY ORGAN PROCUREMENT ORGANIZATIONS AND EYE BANKS TO INFORMATION IN DIVISION OF MOTOR VEHICLE RECORDS PERTAINING TO ORGAN DONATION; to establish the "license to give trust fund" to fund initiatives that educate and promote organ and tissue donation; to authorize individual contributions of one dollar to the "license to give trust fund" to be collected at the time of drivers license or special identification card application at motor vehicle offices; and to appropriate funds to implement this act.
The General Assembly of North Carolina enacts:
SECTION 1.  The Department of Transportation, Division of Motor Vehicles, shall establish and maintain a statewide, on‑line Organ Donor Internet site.  The purpose of the Organ Donor Internet site is to enable organ procurement organizations and eye banks to have timely access to the names of individuals who have stated to the Division the individual's intent to be an organ donor and have an organ donation symbol on the individual's drivers license or special identification card. The data available on the Organ Donor Internet site shall be limited to the individual's first, middle, and last name, date of birth, address, sex, county of residence, and drivers license number.  The Division of Motor Vehicles shall ensure that only organ procurement organizations and eye banks operating in this State have access to the Organ Donor Internet site in read‑only format.  The Division of Motor Vehicles shall enable organ procurement organizations and eye banks operating in this State to have on‑line access in read‑only format to the Organ Donor Internet site through a unique identifier and password issued to the organ procurement organization or eye bank by the Division of Motor Vehicles. Employees of the Division who provide access to or disclosure of information in good-faith compliance with this section are not liable in damages for access to or disclosure of the information. When accessing and using information obtained from the Organ Donor Internet site, organ procurement organizations and eye banks shall comply with the requirements of Part 3 of Article 16 of Chapter 130A of the General Statutes.
SECTION 2.  G.S. 20‑43.1 reads as rewritten:
"§ 20‑43.1.  Disclosure of personal information in motor vehicle records.
(a)	The Division shall disclose personal information contained in motor vehicle records in accordance with the federal Driver's Privacy Protection Act of 1994, as amended, 18 U.S.C. §§ 2721, et seq.
(b)	As authorized in 18 U.S.C. § 2721, the Division shall not disclose personal information for the purposes specified in 18 U.S.C. § 2721(b)(11).
(c)	The Division shall not disclose personal information for the purposes specified in 18 U.S.C. § 2721(b)(12) unless the Division receives prior written permission from the person about whom the information is requested.
(d)	As authorized in 18 U.S.C. § 2721, the Division may disclose personal information to organ procurement organizations and eye banks operating in this State for the purpose of identifying individuals who have indicated an intent to be an organ donor. Personal information authorized under this subsection is limited to the individual's first, middle, and last name, date of birth, address, sex, county of residence, and drivers license number. Employees of the Division who provide access to or disclosure of information in good-faith compliance with this subsection are not liable in damages for access to or disclosure of the information."
SECTION 3.  G.S. 20‑7.3 reads as rewritten:
"§ 20‑7.3.  Availability of organ, eye, and tissue donor cards at motor vehicle offices; contributions to License to Give Trust Fund.
(a)	The Division shall make organ, eye, and tissue donor cards available to interested individuals in each office authorized to issue drivers licenses or special identification cards. The Division shall obtain donor cards from qualified organ, eye, or tissue procurement organizations or tissue banks, as defined in G.S. 130A‑403. The Division shall offer a donor card to each applicant for a drivers license. Each organ donor card made available at drivers license offices shall include the following:
(1)	A statement informing the individual that organ procurement organizations and eye banks have read-only access to the Department-operated Organ Donor Internet site listing those individuals who have stated to the Division of Motor Vehicles the individual's intent to be an organ donor and have an organ donation symbol on the individual's drivers license or special identification card.
(2)	The type of information that will be made available on the Organ Donor Internet site. 
(b)	An applicant for a drivers license or special identification card may elect to contribute one dollar ($1.00) to the License to Give Trust Fund established under G.S. 20-7.4. The Division shall provide appropriate language on the drivers license or special identification card application form or other form in which to make the election. The contribution made under this subsection is in addition to applicable drivers license and identification card fees. The election becomes irrevocable upon payment of the contribution with license or identification card fees. The Division shall quarterly transmit the contributions made pursuant to this subsection to the State Treasurer for credit to the License to Give Trust Fund. Any interest earned on funds so credited is credit to the Fund."
SECTION 4.(a)  Article 2 of Chapter 20 of the General Statutes is amended by adding the following new section to read:
"§ 20-7.4. License to Give Trust Fund established.
(a)	There is established the License to Give Trust Fund. Revenue in the Fund includes amounts credited under G.S. 20-7.3, and other funds. Any surplus in the Fund shall not revert but shall be used for the purposes stated in this section. The Fund shall be kept on deposit with the State Treasurer, as in the case of other State Funds, and may be invested by the State Treasurer in any lawful securities for investment of State funds. The License to Give Trust Fund is subject to oversight by the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes. On July 1 of each fiscal year the State Treasurer shall transfer from the Trust Fund to the Department of Transportation an amount sufficient to pay the actual costs incurred by the Department of Transportation to establish and maintain the Organ Donor Internet site.(b)	After funds have been transferred by the State Treasurer to the Department of Transportation pursuant to subsection (a) of this section, purposes for which funds may be expended by the License to Give Trust Fund Commission from the License to Give Trust Fund are as follows:
(1)	As grants-in-aid for initiatives that educate about and promote organ and tissue donation and health care decision making at life's end.
(2)	Expenses of the License to Give Trust Fund Commission as authorized in G.S. 20-7.5."
SECTION 4.(b)  Article 2 of Chapter 20 of the General Statutes is amended by adding the following new sections to read:
"§ 20-7.5. License to Give Trust Fund Commission established.
(a)	There is established the License to Give Trust Fund Commission. The Commission shall be located in the Department of Administration for budgetary and administrative purposes only. The Commission may allocate funds from the License to Give Trust Fund for the purposes authorized in G.S. 20-7.4. The Commission shall have 15 members, appointed as follows:
(1)	Four members by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate:
a.	One representative of Carolina Donor Services.
b.	One representative of LifeShare of The Carolinas.
c.	Two members who have demonstrated an interest in organ and tissue donation and education.
(2)	Four members by the General Assembly, upon the recommendation of the Speaker of the House of Representatives:
a.	One representative of The North Carolina Eye Bank, Inc.
b.	One representative of The Carolinas Center for Hospice and End-of-Life Care.
c.	Two members who have demonstrated an interest in promoting advance care planning education.
(3)	Seven members by the Governor:
a.	Three members representing organ, tissue, and eye recipients, families of recipients, or families of donors. Of these three, one each from the mountain, heartland, and coastal regions of the State.
b.	One member who is a transplant physician licensed to practice medicine in this State.
c.	One member who has demonstrated an interest in organ and tissue donation and education.
d.	One member who has demonstrated an interest in promoting advance care planning education.
e.	A representative of the North Carolina Department of Transportation.
(b)	The Commission shall elect from its membership a chair and a vice-chair for two-year terms. The Secretary of Administration shall provide meeting facilities for the Commission as required by the Chair. 
(c)	The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138-5 and G.S. 138-6, as applicable. Per diem, subsistence, and travel expenses of the members shall be paid from the License to Give Trust Fund.
(d)	The members of the Commission shall comply with G.S. 14-234 prohibiting conflicts of interest. In addition to the restrictions imposed under G.S. 14-234, a member shall not vote on, participate in the deliberations of, or otherwise attempt through his or her official capacity to influence the vote on allocations of moneys from the License to Give Trust Fund to a nonprofit entity of which the member is an officer, director, or employee, or to a governmental entity of which the member is an employee or a member of the governing board. A violation of this subsection is a Class 1 misdemeanor.
"§ 20-7.6. Powers and duties of the License to Give Trust Fund Commission.
The License to Give Trust Fund Commission has the following powers and duties:
(1)	Establish general policies and guidelines for awarding grants-in-aid to nonprofit entities to conduct education and awareness activities on organ and tissue donation and advance care planning.
(2)	Accept gifts or grants from other sources to further the purposes of the License to Give Trust Fund. Such gifts or grants shall be transmitted to the State Treasurer for credit to the Fund.
(3)	Hire staff or contract for other expertise for the administration of the Fund. Expenses related to staffing shall be paid from the License to Give Trust Fund."
SECTION 5.  There is appropriated from the General Fund to the Department of Transportation, Division of Motor Vehicles, the sum of one hundred thousand dollars ($100,000) for the 2003‑2004 fiscal year and the sum of ten thousand dollars ($10,000) for the 2004‑2005 fiscal year.  These funds shall be used for start‑up and first year maintenance costs of the Organ Donor Internet site in accordance with Section 1 of this act.
SECTION 6.  This act becomes effective January 1, 2004.