Bill Text: CA AB1637 | 2013-2014 | Regular Session | Amended
Bill Title: Driver's licenses: veteran designation.
Spectrum: Slight Partisan Bill (Democrat 23-13)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1637 Detail]
Download: California-2013-AB1637-Amended.html
BILL NUMBER: AB 1637 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2014
INTRODUCED BY Assembly Members Frazier and Bloom
( Principal coauthor: Assembly Member
Alejo )
( 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 )
( Coauthors: Senators
Anderson, Cannella, Correa, Gaines,
Huff, Lieu, Nielsen,
Torres, and Vidak )
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 , commencing November 11, 2015, 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 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. 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. 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 require authorize
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 , as provided
above. 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.
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 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) An Commencing November 11, 2105, an
application for an original , duplicate, or
in-person renewal of 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 . 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.
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 . Upon payment of the fee required
pursuant to Section 14901.1, the department shall print
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 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. (a) In addition to
the fees required by Section 14900, 14900.1, or 14902, the
department shall may 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.
(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.
