Amended in Assembly May 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1637

Introduced by Assembly Members Frazier and Bloom

begin insert

(Principal coauthor: Assembly Member Alejo)

end insert begin insert

(Coauthors: Assembly Members Achadjian, Brown, Conway, Daly, Eggman, Fox, Garcia, Gonzalez, Gorell, Gray, Hall, Levine, Linder, Lowenthal, Melendez, Muratsuchi, Nestande, Patterson, V. Manuel Pérez, Quirk-Silva, Salas, Skinner, Wieckowski, and Williams)

end insert begin insert

(Coauthors: Senators Anderson, Cannella, Correa, Gaines, Huff, Lieu, Nielsen, Torres, and Vidak)

end insert

February 11, 2014

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 1637, 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 begin insert , commencing November 11, 2015, end insert allow an applicant for a driver’s license or identification card to allow a person to request the driver’s license or identification card be printed with the word “VETERAN.” The applicant would be required to present to the begin delete department, in a manner determined by the department, a Certificate of Release or Discharge from Active Duty. The bill would require the department to allow an applicant to present a verification from the county veterans service officer that the person has received that form. end delete begin insert Department of Motor Vehicles, on a form developed jointly by the Department of Veterans Affairs and the Department of Motor Vehicles, proof of veteran status. The bill would require county veterans service offices to verify an applicant’s veteran status for these purposes, as specified. end insert 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 require end delete begin insert authorize end insert the department to charge an additional fee in an unspecified amount to a person who requests that the person’s driver’s license or identification card be designated begin delete , end delete as provided above. begin delete The bill would require the department to forward $1 of the amount collected to the Controller, for deposit in the Veterans Service Office Fund. The bill would require the revenues deposited in the Veterans Service Office Fund to be expended, upon appropriation by the Legislature, for the support of county veterans service offices. end delete

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 begin delete code end delete begin insert Code end insert .

(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)  begin delete An end delete begin insert Commencing November 11, 2105, an end insert application for an
original begin insert , duplicate, end insert or begin insert in-person end insert renewal begin insert of a end insert 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 begin insert card end insert . begin delete The applicant shall present to the department,
in a manner determined by the department, verification that the
person has received a Certificate of Release or Discharge from
Active Duty (DD Form 214) issued pursuant to Part 45
(commencing with Section 45.1) of Title 32 of the Code of Federal
Regulations, from the county veteran’s service officer appointed
pursuant to Section 970 of the Military and Veterans Code. end delete begin insert An
application form shall be developed jointly by the Department of
Veteran Affairs and the Department of Motor Vehicles to
acknowledge verification of veteran status. A county veterans
service office shall verify the veteran’s status as a veteran, sign
the application form, and return it to the veteran. The Department
of Motor Vehicles shall accept the signed application form as proof
of veteran status end insert begin insert . end insert Upon payment of the fee required pursuant to
Section 14901.1, begin delete the department shall print end delete the word “VETERAN”
begin insert shall be printed end insert on the face of a driver’s license or identification
card begin insert , in a location determined by the department, and end insert issued to a
person who makes this request and presents the verification 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.  

begin delete (a) end delete begin delete   end delete In addition to the fees required by Section 14900,
14900.1, or 14902, the department begin delete shall end delete begin insert may end insert charge a fee in the
amount of ____ dollars ($____) 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” or another appropriate designation to
indicate that the person has served in the United States Armed
Forces.

begin delete

(b) The department shall forward one dollar ($1) of the amount
collected pursuant to subdivision (a) to the Controller, for deposit
in the Veterans Service Office Fund created in the State Treasury
pursuant to Section 972.2 of the Military and Veterans Code. The
revenues deposited in the Veterans Service Office Fund pursuant
to this subdivision shall be expended, upon appropriation by the
Legislature, for the support of county veterans service offices.

end delete

begin delete

  

end delete