Amended in Senate August 5, 2014

Amended in Senate June 9, 2014

Amended in Assembly April 25, 2013

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 935

Introduced by Assembly Member Frazier

(Principal coauthor: Assembly Member Alejo)

(Coauthors: Assembly Members Achadjian, begin insert Brown, end insert Eggman, Garcia, Gonzalez, begin insert Gorell, Gray, Linder, end insert Lowenthal, Melendez, Nestande, V. Manuel Pérez, begin insert Quirk-Silva, end insert Skinner, begin delete and end delete Wieckowski begin insert , and Williams end insert )

(Coauthors: Senators Anderson, Cannella, Correa, begin delete and end delete Gaines begin insert , and Wyland end insert )

February 22, 2013

An act to amend Section 12811 of, and to add Section 14901.1 to, the Vehicle Code, relating to driver’s licenses.

LEGISLATIVE COUNSEL’S DIGEST

AB 935, as amended, Frazier. Driver’s licenses: veteran designation.

(1) Under existing law, when the Department of Motor Vehicles determines that an applicant is lawfully entitled to a driver’s license, the department is required to issue that license to the applicant. Existing law specifies the contents of a driver’s license and requires the application for a driver’s license or identification card to contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans’ benefits.

This bill would, commencing November 11, 2015, allow an begin insert in-person end insert applicant for a driver’s license or identification card begin delete to allow a person end delete to request the driver’s license or identification card be printed with the word “VETERAN.” The applicant would be required to present begin insert verification of veteran status end insert to the Department of Motor Vehicles, on a form developed begin delete jointly end delete by the Department of Veterans Affairs begin insert in consultation with the California Association of County Veterans Service Officers end insert and the Department of Motor Vehicles begin delete , proof of veteran status end delete . The bill would require county veterans service offices to verify an applicant’s veteran status for these purposes, as specified. The department would be required to print the word “VETERAN” on the face of a driver’s license or identification card issued to a person who makes that request and presents that verification to the department.

(2) Existing law establishes certain fee amounts for the applications for, and renewal of, driver’s licenses and identification cards.

This bill would begin delete authorize end delete begin insert require end insert the department to charge an additional fee begin delete not to exceed $15 end delete begin insert of $5 end insert to a person who requests that the person’s driver’s license or identification card be designated as provided above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12811 of the Vehicle Code is amended
to read:

12811.  

(a) (1) (A) When the department determines that the
applicant is lawfully entitled to a license, it shall issue to the person
a driver’s license as applied for. The license shall state the class
of license for which the licensee has qualified and shall contain
the distinguishing number assigned to the applicant, the date of
expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph
of the licensee for the purpose of identification, and space for the
signature of the licensee.

(B) Each license shall also contain a space for the endorsement
of a record of each suspension or revocation of the license.

(C) The department shall use whatever process or processes, in
the issuance of engraved or colored licenses, that prohibit, as near
as possible, the ability to alter or reproduce the license, or prohibit
the ability to superimpose a picture or photograph on the license
without ready detection.

(2) In addition to the requirements of paragraph (1), a license
issued to a person under 18 years of age shall display the words
“provisional until age 18.”

(b) (1) On and after July 1, 2011, an application for an original
or renewal driver’s license or identification card shall contain a
space for the applicant to enroll in the Donate Life California Organ
and Tissue Donor Registry. The application shall include check
boxes for an applicant to mark either (A) Yes, add my name to the
donor registry or (B) I do not wish to register at this time.

(2) The department shall inquire verbally of an applicant
applying in person for an original or renewal driver’s license or
identification card at a department office as to whether the applicant
wishes to enroll in the Donate Life California Organ and Tissue
Donor Registry. Failure or refusal to answer this question or check
a box on the application form shall not be a basis for the department
to deny an applicant a driver’s license or identification card.

(3) The following language shall be included with the question
required by paragraph (1):

“Marking ‘Yes’ adds your name to the Donate Life California
Organ and Tissue Donor Registry and a pink ‘donor’ dot will
appear on your license. If you wish to remove your name from the
registry you must contact Donate Life California (see back); DMV
can remove the pink dot from your licenses but cannot remove
you from the registry.”

(4) The back of the application shall contain the following
statement:

“If, on the front of this form, you marked ‘Yes’ to register as an
organ and tissue donor you are legally authorizing the recovery of
organs and tissues in the event of your death. Registering as a
donor will not affect your medical treatment in any way. As
outlined in the California Anatomical Gift Act, your authorization
is legally binding and, unless the donor is under 18 years of age,
your decision does not require the consent of any other person.
For registered donors under 18 years of age, the legal guardian
shall make the final donation decision. You may limit your
donation to specific organs or tissues, place usage restrictions, for
example transplantation or research, obtain more information about
donation, or remove your name from the registry on the Internet
Web site of Donate Life California:
www.donateLIFEcalifornia.org.”

(5) Notwithstanding any other law, a person under 18 years of
age may register as a donor. However, the legal guardian of that
person shall make the final decision regarding the donation.

(6) The department shall collect donor designation information
on all applications for an original or renewal driver’s license or
identification card.

(7) The department shall print the word “DONOR” or another
appropriate designation on the face of a driver’s license or
identification card to a person who has indicated on the application
his or her intent to enroll in the organ donation program pursuant
to this section.

(8) On a weekly basis, the department shall electronically
transmit to Donate Life California, a nonprofit organization
established and designated as the California Organ and Tissue
Donor Registrar pursuant to Section 7150.90 of the Health and
Safety Code, all of the following information from every
application that indicates the applicant’s decision to enroll in the
organ donation program:

(A) His or her true full name.

(B) His or her residence or mailing address.

(C) His or her year of birth.

(D) His or her California driver’s license number or
identification card number.

(9) (A) A person who applies for an original or renewal driver’s
license or identification card may designate a voluntary
contribution of two dollars ($2) for the purpose of promoting and
supporting organ and tissue donation. This contribution shall be
collected by the department, and treated as a voluntary contribution
to Donate Life California and not as a fee for the issuance of a
driver’s license or identification card.

(B) The department may use the donations collected pursuant
to this paragraph to cover its actual administrative costs incurred
pursuant to paragraphs (6) to (8), inclusive. The department shall
deposit all revenue derived pursuant to this paragraph and
remaining after the department’s deduction for administrative costs
in the Donate Life California Trust Subaccount, that is hereby
created in the Motor Vehicle Account in the State Transportation
Fund. Notwithstanding Section 13340 of the Government Code,
all revenue in this subaccount is continuously appropriated, without
regard to fiscal years, to the Controller for allocation to Donate
Life California and shall be expended for the purpose of increasing
participation in organ donation programs.

(C) The department shall transmit to the Donate Life California
Organ and Tissue Donor Registry and the appropriate policy and
fiscal committees of the Legislature an annual report, and shall
make available quarterly updates, detailing funds collected through
voluntary contributions as well as a summary of applicants,
including all of the following nonidentifiable information:

(i) Date of application.

(ii) Method of application (field office, online, or mail).

(iii) Donor registration status.

(iv) ZIP Code.

(v) Gender.

(vi) Year of birth.

(D) (i) The annual report to be submitted to the appropriate
policy and fiscal committees of the Legislature pursuant to
subparagraph (C) shall be submitted in compliance with Section
9795 of the Government Code.

(ii) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting the annual report to the appropriate
policy and fiscal committees of the Legislature imposed under
subparagraph (C) is inoperative four years after the date the first
annual report is due.

(10) The enrollment form shall be posted on the Internet Web
sites for the department and the California Health and Human
Services Agency.

(11) The enrollment shall constitute a legal document pursuant
to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
with Section 7150) of Part 1 of Division 7 of the Health and Safety
Code) and shall remain binding after the donor’s death despite any
express desires of next of kin opposed to the donation. Except as
provided in paragraph (5) of subdivision (b), the donation does
not require the consent of any other person.

(12) Donate Life California shall ensure that all additions and
deletions to the California Organ and Tissue Donor Registry,
established pursuant to Section 7150.90 of the Health and Safety
Code, shall occur within 30 days of receipt.

(13) Information obtained by Donate Life California for the
purposes of this subdivision shall be used for these purposes only
and shall not be disseminated further by Donate Life California.

(c) (1) All applications for a driver’s license or identification
card shall contain a space for an applicant to indicate whether he
or she has served in the Armed Forces of the United States and to
give his or her consent to be contacted regarding eligibility to
receive state or federal veterans benefits. The application shall
contain the following statement:

“By marking the veteran box on this application, I certify that I
am a veteran of the United States Armed Forces and that I want
to receive veterans benefits information from the California
Department of Veterans Affairs. By marking the veteran box on
this application, I also consent to DMV transmitting my name and
mailing address to the California Department of Veterans Affairs
for this purpose only, and I certify that I have been notified that
this transmittal will occur.”

(2) The department shall collect the information obtained
pursuant to paragraph (1).

(3) As mutually agreed between the department and the
Department of Veterans Affairs, the department shall electronically
transmit to the Department of Veterans Affairs the following
information on each applicant who has identified that he or she
has served in the Armed Forces of the United States since the last
data transfer and has consented to be contacted about veterans
benefits:

(A) His or her true full name.

(B) His or her mailing address.

(4) Information obtained by the Department of Veterans Affairs
for the purposes of this subdivision shall be used for the purpose
of assisting individuals to access veterans benefits and shall not
be disseminated except as needed for this purpose.

(5) Commencing November 11, 2015, an begin insert in-person end insert application
for begin delete an original, duplicate, or in-person renewal of end delete a driver’s license
or identification card shall allow an applicant to request the word
“VETERAN” be printed on the face of the driver’s license or
identification card. begin delete An application end delete begin insert A verification end insert form shall be
developed begin delete jointly end delete by the Department of Veterans Affairs begin delete and end delete begin insert in
consultation with end insert the Department of Motor Vehicles begin insert and the
California Association of County Veterans Service Officers end insert to
acknowledge verification of veteran status. A county veterans
service office shall verify the veteran’s status as a veteran, sign
the begin delete application end delete begin insert verification end insert form, and return it to the veteran. The
Department of Motor Vehicles shall accept the signed begin delete application end delete
begin insert verification end insert form as proof of veteran status. Upon payment of the
fee required pursuant to Section 14901.1, the word “VETERAN”
shall be printed on the face of a driver’s license or identification
card, in a location determined by the department, and issued to a
person who makes this request and presents the verification begin insert form end insert
to the department.

(d) A public entity or employee shall not be liable for loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant
to subdivision (b).

(e) A contract shall not be awarded to a nongovernmental entity
for the processing of driver’s licenses, unless the contract conforms
to all applicable state contracting laws and all applicable procedures
set forth in the State Contracting Manual.

SEC. 2.  

Section 14901.1 is added to the Vehicle Code, to read:

14901.1.  

In addition to the fees required by Section 14900,
14900.1, or 14902, the department begin delete may end delete begin insert shall end insert charge a fee begin delete not to
exceed fifteen dollars ($15) end delete begin insert of five dollars ($5) end insert to any person who
requests, pursuant to paragraph (5) of subdivision (c) of Section
12811, that the person’s driver’s license or identification card be
printed with the word “VETERAN” to indicate that the person has
served in the United States Armed Forces. The begin delete fee shall be set in
an amount to reimburse the end delete department begin insert may increase the fee by
regulation, in an amount not to exceed fifteen dollars ($15), to
reimburse the department end insert for its begin insert reasonable end insert costs in processing
and issuing a request for a license or card issued pursuant to
paragraph (5) of subdivision (c) of Section 12811.