| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 685Introduced by Senator Galgiani(Principal coauthor: Assembly Member Arambula)February 22, 2019 An act to amend Section 12811 of the Vehicle Code, relating to organ and tissue donations.LEGISLATIVE COUNSEL'S DIGESTSB 685, as introduced, Galgiani. Organ and tissue donation registry: drivers license application.Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death.Existing law requires a person who wishes to be removed from the registry to contact the registry directly.This bill would require the Department of Motor Vehicles to notify the registry if a person who has previously requested to be on the registry checks a box indicating that they do not wish to be on the registry.This bill would also make minor changes to the check boxes and would additionally require the back of the application, upon the departments next scheduled revision, to contain a statement informing the applicant of the consequences of their decision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 drivers 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 or residence 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 An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family.(2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3) The following language shall be included with the question check boxes 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org.By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur.If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act.(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 drivers license or identification card.(7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program:(A) His or her true True full name.(B) His or her residence Residence or mailing address.(C) His or her year Year of birth.(D) His or her California California drivers license number or identification card number.(E) Changes to any prior donor decision.(9) (A) A person who applies for an original or renewal drivers 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 drivers 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 departments 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 internet websites 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.(12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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 drivers 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 claimed service 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 True full name.(B) His or her mailing 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 An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form 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 drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 685Introduced by Senator Galgiani(Principal coauthor: Assembly Member Arambula)February 22, 2019 An act to amend Section 12811 of the Vehicle Code, relating to organ and tissue donations.LEGISLATIVE COUNSEL'S DIGESTSB 685, as introduced, Galgiani. Organ and tissue donation registry: drivers license application.Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death.Existing law requires a person who wishes to be removed from the registry to contact the registry directly.This bill would require the Department of Motor Vehicles to notify the registry if a person who has previously requested to be on the registry checks a box indicating that they do not wish to be on the registry.This bill would also make minor changes to the check boxes and would additionally require the back of the application, upon the departments next scheduled revision, to contain a statement informing the applicant of the consequences of their decision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill No. 685 |
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| 13 | 13 | | Introduced by Senator Galgiani(Principal coauthor: Assembly Member Arambula)February 22, 2019 |
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| 15 | 15 | | Introduced by Senator Galgiani(Principal coauthor: Assembly Member Arambula) |
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| 16 | 16 | | February 22, 2019 |
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| 17 | 17 | | |
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| 18 | 18 | | An act to amend Section 12811 of the Vehicle Code, relating to organ and tissue donations. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | SB 685, as introduced, Galgiani. Organ and tissue donation registry: drivers license application. |
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| 25 | 25 | | |
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| 26 | 26 | | Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death.Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death.Existing law requires a person who wishes to be removed from the registry to contact the registry directly.This bill would require the Department of Motor Vehicles to notify the registry if a person who has previously requested to be on the registry checks a box indicating that they do not wish to be on the registry.This bill would also make minor changes to the check boxes and would additionally require the back of the application, upon the departments next scheduled revision, to contain a statement informing the applicant of the consequences of their decision. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law requires the Department of Motor Vehicles, upon issuance of a new drivers license or a renewal of a drivers license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal drivers license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether to add the applicants name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking Yes in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death. |
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| 31 | 31 | | |
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| 32 | 32 | | Existing law requires a person who wishes to be removed from the registry to contact the registry directly. |
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| 33 | 33 | | |
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| 34 | 34 | | This bill would require the Department of Motor Vehicles to notify the registry if a person who has previously requested to be on the registry checks a box indicating that they do not wish to be on the registry. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would also make minor changes to the check boxes and would additionally require the back of the application, upon the departments next scheduled revision, to contain a statement informing the applicant of the consequences of their decision. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 39 | 39 | | |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | 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 drivers 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 or residence 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 An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family.(2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3) The following language shall be included with the question check boxes 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org.By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur.If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act.(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 drivers license or identification card.(7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program:(A) His or her true True full name.(B) His or her residence Residence or mailing address.(C) His or her year Year of birth.(D) His or her California California drivers license number or identification card number.(E) Changes to any prior donor decision.(9) (A) A person who applies for an original or renewal drivers 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 drivers 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 departments 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 internet websites 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.(12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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 drivers 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 claimed service 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 True full name.(B) His or her mailing 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 An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form 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 drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 47 | 47 | | |
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| 48 | 48 | | 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 drivers 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 or residence 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 An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family.(2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3) The following language shall be included with the question check boxes 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org.By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur.If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act.(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 drivers license or identification card.(7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program:(A) His or her true True full name.(B) His or her residence Residence or mailing address.(C) His or her year Year of birth.(D) His or her California California drivers license number or identification card number.(E) Changes to any prior donor decision.(9) (A) A person who applies for an original or renewal drivers 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 drivers 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 departments 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 internet websites 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.(12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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 drivers 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 claimed service 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 True full name.(B) His or her mailing 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 An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form 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 drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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| 49 | 49 | | |
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| 50 | 50 | | SECTION 1. Section 12811 of the Vehicle Code is amended to read: |
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| 51 | 51 | | |
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| 52 | 52 | | ### SECTION 1. |
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| 53 | 53 | | |
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| 54 | 54 | | 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family.(2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3) The following language shall be included with the question check boxes 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org.By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur.If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act.(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 drivers license or identification card.(7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program:(A) His or her true True full name.(B) His or her residence Residence or mailing address.(C) His or her year Year of birth.(D) His or her California California drivers license number or identification card number.(E) Changes to any prior donor decision.(9) (A) A person who applies for an original or renewal drivers 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 drivers 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 departments 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 internet websites 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.(12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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 drivers 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 claimed service 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 True full name.(B) His or her mailing 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 An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form 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 drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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| 55 | 55 | | |
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| 56 | 56 | | 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family.(2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3) The following language shall be included with the question check boxes 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org.By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur.If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act.(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 drivers license or identification card.(7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program:(A) His or her true True full name.(B) His or her residence Residence or mailing address.(C) His or her year Year of birth.(D) His or her California California drivers license number or identification card number.(E) Changes to any prior donor decision.(9) (A) A person who applies for an original or renewal drivers 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 drivers 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 departments 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 internet websites 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.(12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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 drivers 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 claimed service 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 True full name.(B) His or her mailing 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 An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form 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 drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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| 57 | 57 | | |
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| 58 | 58 | | 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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 An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family.(2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card.(3) The following language shall be included with the question check boxes 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org.By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur.If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act.(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 drivers license or identification card.(7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program:(A) His or her true True full name.(B) His or her residence Residence or mailing address.(C) His or her year Year of birth.(D) His or her California California drivers license number or identification card number.(E) Changes to any prior donor decision.(9) (A) A person who applies for an original or renewal drivers 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 drivers 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 departments 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 internet websites 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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person.(12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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 drivers 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 claimed service 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 True full name.(B) His or her mailing 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 An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form 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 drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a drivers 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 or residence 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. |
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| 63 | 63 | | |
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| 64 | 64 | | (B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation of the license. |
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| 65 | 65 | | |
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| 66 | 66 | | (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. |
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| 67 | 67 | | |
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| 68 | 68 | | (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. |
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| 69 | 69 | | |
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| 70 | 70 | | (b) (1) On and after July 1, 2011, an An application for an original or renewal drivers 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 I want to be on the donor registry or (B) I do not wish to register be on the registry at this time. time. The decision may be made by my agent or family. |
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| 71 | 71 | | |
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| 72 | 72 | | (2) The department shall inquire verbally of an applicant applying in person for an original or renewal drivers 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 drivers license or identification card. |
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| 73 | 73 | | |
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| 74 | 74 | | (3) The following language shall be included with the question check boxes required by paragraph (1): |
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| 75 | 75 | | |
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| 76 | 76 | | 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. DL/IP. Marking I do not wish to be on the registry at this time will remove you from the registry. If you wish to remove your name from the registry you must mark I do not wish to be on the registry at this time (see back) or contact Donate Life California (see back); at (866) 797-2366 or www.donateLIFEcalifornia.org; DMV can remove the pink dot from your licenses but cannot and remove you from the registry. |
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| 77 | 77 | | |
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| 78 | 78 | | (4) The back of the application shall contain the following statement: |
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| 79 | 79 | | |
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| 80 | 80 | | 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 website of Donate Life California: www.donateLIFEcalifornia.org. www.donateLIFECalifornia.org. |
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| 81 | 81 | | |
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| 82 | 82 | | By registering as an organ donor or changing any prior donor decision, you are giving your consent to allow DMV to electronically transmit your true full name, residence or mailing address, year of birth, changes in donor decision, and drivers license or identification card number to Donate Life California. The information transmitted to Donate Life California by the DMV will not be distributed or sold and will only be used for purposes of documenting organ, eye, and tissue donation decisions and processes. By signing this form, you consent to this process and have been notified this transmittal will occur. |
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| 83 | 83 | | |
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| 84 | 84 | | If you marked I do not wish to be on the registry at this time you will not be added to the registry and if you were added in the past, you will be removed. You are also relying on the direction in your durable power of attorney for healthcare, or if none exists, the decision of your agent or family member pursuant to the Uniform Anatomical Gift Act. |
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| 85 | 85 | | |
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| 86 | 86 | | (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. |
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| 87 | 87 | | |
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| 88 | 88 | | (6) The department shall collect donor designation information on all applications for an original or renewal drivers license or identification card. |
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| 89 | 89 | | |
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| 90 | 90 | | (7) The department shall print the word DONOR or another appropriate designation on the face of a drivers 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. |
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| 91 | 91 | | |
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| 92 | 92 | | (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 about the applicant from every application that indicates the applicants decision to enroll in or be removed from the organ donation program: |
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| 93 | 93 | | |
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| 94 | 94 | | (A) His or her true True full name. |
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| 95 | 95 | | |
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| 96 | 96 | | (B) His or her residence Residence or mailing address. |
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| 97 | 97 | | |
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| 98 | 98 | | (C) His or her year Year of birth. |
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| 99 | 99 | | |
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| 100 | 100 | | (D) His or her California California drivers license number or identification card number. |
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| 101 | 101 | | |
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| 102 | 102 | | (E) Changes to any prior donor decision. |
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| 103 | 103 | | |
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| 104 | 104 | | (9) (A) A person who applies for an original or renewal drivers 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 drivers license or identification card. |
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| 105 | 105 | | |
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| 106 | 106 | | (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 departments 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. |
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| 107 | 107 | | |
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| 108 | 108 | | (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: |
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| 109 | 109 | | |
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| 110 | 110 | | (i) Date of application. |
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| 111 | 111 | | |
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| 112 | 112 | | (ii) Method of application (field office, online, or mail). |
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| 113 | 113 | | |
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| 114 | 114 | | (iii) Donor registration status. |
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| 115 | 115 | | |
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| 116 | 116 | | (iv) ZIP Code. |
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| 117 | 117 | | |
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| 118 | 118 | | (v) Gender. |
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| 119 | 119 | | |
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| 120 | 120 | | (vi) Year of birth. |
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| 121 | 121 | | |
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| 122 | 122 | | (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. |
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| 123 | 123 | | |
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| 124 | 124 | | (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. |
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| 125 | 125 | | |
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| 126 | 126 | | (10) The enrollment form shall be posted on the Internet Web sites internet websites for the department and the California Health and Human Services Agency. |
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| 127 | 127 | | |
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| 128 | 128 | | (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 donors death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), (5), the donation does not require the consent of any other person. |
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| 129 | 129 | | |
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| 130 | 130 | | (12) Donate Life California shall ensure that all additions and deletions to the Donate Life 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. |
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| 131 | 131 | | |
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| 132 | 132 | | (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. |
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| 133 | 133 | | |
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| 134 | 134 | | (c) (1) All applications for a drivers 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: |
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| 135 | 135 | | |
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| 136 | 136 | | 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. |
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| 137 | 137 | | |
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| 138 | 138 | | (2) The department shall collect the information obtained pursuant to paragraph (1). |
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| 139 | 139 | | |
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| 140 | 140 | | (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 claimed service in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits: |
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| 141 | 141 | | |
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| 142 | 142 | | (A) His or her true True full name. |
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| 143 | 143 | | |
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| 144 | 144 | | (B) His or her mailing Mailing address. |
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| 145 | 145 | | |
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| 146 | 146 | | (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. |
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| 147 | 147 | | |
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| 148 | 148 | | (5) Commencing November 11, 2015, an An in-person application for a drivers license or identification card shall allow an applicant to request the word VETERAN be printed on the face of the drivers license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veterans status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification 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 drivers license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department. |
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| 149 | 149 | | |
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| 150 | 150 | | (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). |
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| 151 | 151 | | |
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| 152 | 152 | | (e) A contract shall not be awarded to a nongovernmental entity for the processing of drivers licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. |
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