Bill Text: CA AB935 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Driver's licenses: veteran designation.

Spectrum: Slight Partisan Bill (Democrat 20-13)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 644, Statutes of 2014. [AB935 Detail]

Download: California-2013-AB935-Amended.html

---

BILL NUMBER: AB 935	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2014
	AMENDED IN ASSEMBLY  APRIL 25, 2013
	AMENDED IN ASSEMBLY  MARCH 18, 2013

INTRODUCED BY   Assembly Member Frazier
    (   Principal coauthor:   Assembly Member
  Alejo   ) 
   (  Coauthor:   Assembly Member 
 Bonilla   Coauthors:   Assembly
Members   Achadjian,   Eggman,   Garcia,
  Gonzalez,   Lowenthal,   Melendez, 
 Nestande,   V. Manuel Pérez,   Skinner, 
 and Wieckowski  )
    (   Coauthors:  Senators  
Anderson,   Cannella,   Correa,   and
Gaines   ) 

                        FEBRUARY 22, 2013

   An act to amend Section  66540.12 of the Government Code,
relating to the San Francisco Bay Area Water Emergency Transportation
Authority.   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.  San Francisco Bay Area Water
Emergency Transportation Authority: terms of board members.
  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 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 authorize the department to charge an additional
fee not to exceed $15 to a person who requests that the person's
driver's license or identification card be designated as provided
above.  
   Existing law establishes the San Francisco Bay Area Water
Emergency Transportation Authority with specified powers and duties,
including, but not limited to, the authority to coordinate the
emergency activities of all water transportation and related
facilities within the bay area region, as defined.  

   Existing law provides for a board of directors of the authority, 3
members of which are appointed by the Governor and one each by the
Senate Committee on Rules and the Speaker of the Assembly. Directors
serve 6-year terms.  
   This bill would expand the number of members appointed by the
Senate Committee on Rules and the Speaker of the Assembly to 2
members each. The bill would require that the initial terms of the
additional members appointed by the Senate Committee on Rules and the
Speaker of the Assembly pursuant to its provisions shall be 2 years
and 6 years, respectively. The bill would require that one of the 3
members appointed by the Governor be a bona fide labor representative
and that another member be a resident of the City and County of San
Francisco selected from a list of 3 nominees provided by the San
Francisco County Transportation Authority.  
   The bill would require that the 2 members appointed by the Senate
Committee on Rules be a resident of the County of Contra Costa
selected from a list of 3 nominees provided by the Contra Costa
Transportation Authority and a resident of the County of San Mateo
selected from a list of 3 nominees provided by the San Mateo County
Transportation Authority. The bill would require that the 2 members
appointed by the Speaker of the Assembly be a resident of the County
of Solano selected from a list of nominees provided by the Solano
Transportation Authority and a resident of the County of Alameda
selected from a list of 3 nominees provided by the Alameda County
Transportation Authority. The bill would provide for the Senate
Committee on Rules or the Speaker of the Assembly, as applicable, to
appoint a resident of the county if a transportation authority fails
to submit a list of 3 nominees within 45 days of a vacancy. 

   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  thereof 
 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  provision of  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) Commencing November 11, 2015, 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. An application form shall be developed jointly
by the Department of Veterans 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 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.  In addition to the fees required by Section 14900,
14900.1, or 14902, the department may charge a fee not to exceed
fifteen dollars ($15) 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 fee shall be set in an amount to reimburse the
department for its costs in processing and issuing a request for a
license or card issued pursuant to paragraph (5) of subdivision (c)
of Section 12811.  
  SECTION 1.    Section 66540.12 of the Government
Code is amended to read:
   66540.12.  (a) The authority shall be governed by a board composed
of seven members, as follows:
   (1) Three members shall be appointed by the Governor, subject to
confirmation by the Senate. The Governor shall make the initial
appointment of these members of the board no later than January 11,
2008.
   (A) One member appointed by the Governor shall be a bona fide
labor representative.
   (B) One member appointed by the Governor shall be a resident of
the City and County of San Francisco and shall be selected from a
list of three nominees provided by the San Francisco County
Transportation Authority. If the authority fails to submit a list of
three nominees within 45 days of a vacancy, the Governor shall
appoint a resident of that county.
   (2) Two members shall be appointed by the Senate Committee on
Rules as follows:
   (A) One member appointed by the Senate Committee on Rules shall be
a resident of the County of Contra Costa and shall be selected from
a list of three nominees provided by the Contra Costa Transportation
Authority. If the authority fails to submit a list of three nominees
within 45 days of a vacancy, the Senate Committee on Rules shall
appoint a resident of that county.
   (B) One member appointed by the Senate Committee on Rules shall be
a resident of the County of San Mateo and shall be selected from a
list of three nominees provided by the San Mateo County
Transportation Authority. If the authority fails to submit a list of
three nominees within 45 days of a vacancy, the Senate Committee on
Rules shall appoint a resident of that county.
   (3) Two members shall be appointed by the Speaker of the Assembly
as follows:
   (A) One member appointed by the Speaker of the Assembly shall be a
resident of the County of Solano and shall be selected from a list
of three nominees provided by the Solano Transportation Authority. If
the authority fails to submit a list of three nominees within 45
days of a vacancy, the Speaker of the Assembly shall appoint a
resident of that county.
   (B) One member appointed by the Speaker of the Assembly shall be a
resident of the County of Alameda and shall be selected from a list
of three nominees provided by the Alameda County Transportation
Authority. If the authority fails to submit a list of three nominees
within 45 days of a vacancy, the Speaker of the Assembly shall
appoint a resident of that county.
   (b) Each member of the board shall be a resident of a county in
the bay area region.
   (c) Public officers associated with an area of government,
including planning or water, whether elected or appointed, may be
appointed to serve contemporaneously as members of the board. A
public agency shall not have more than one representative on the
board of the authority.
   (d) The Governor shall designate one member as the chairperson of
the board and one member as the vice chairperson of the board.
   (e) Except as provided in subdivisions (f) and (g), the term of a
member of the board shall be six years.
   (f) (1) Except as to initial appointments specified in subdivision
(g), the appointments next following the expiration of the terms of
the initial appointments shall be for the following terms:
   (A) Two of the members appointed by the Governor shall serve terms
of two years and one shall serve a term of six years.
   (B) The member appointed by the Senate Committee on Rules shall
serve a term of four years.
   (C) The member appointed by the Speaker of the Assembly shall
serve a term of four years.
   (2) Each member appointed after the expiration of the terms set
forth in subparagraphs (A) to (C), inclusive, of paragraph (1) shall
serve a term of six years.
   (g) The initial terms for additional appointees of the Senate
Committee on Rules and the Speaker of the Assembly added to the
authority pursuant to the act that added this subdivision shall be
the following:
   (1) The additional member appointed by the Senate Committee on
Rules shall serve a term of two years.
   (2) The additional member appointed by the Speaker of the Assembly
shall serve a term of six years.
   (h) Vacancies shall be filled immediately by the appointing power
for the unexpired portion of the terms in which they occur.