CHAPTER 55
An Act to amend and reenact §§32.1-292.2, 46.2-324, 46.2-342,
46.2-416, and 46.2-606 of the Code of Virginia, authorizing the Department of
Motor Vehicles to access updated address information available from the United
States Postal Service through the National Change of Address System.
[S 479]
Approved March 8, 2010
Be it enacted by the General Assembly of Virginia:
1. That §§32.1-292.2, 46.2-324, 46.2-342, 46.2-416, and
46.2-606 of the Code of Virginia are amended and reenacted as follows:
§32.1-292.2. The Virginia Donor Registry.
A. In order to save lives by reducing the shortage of organs
and tissues for transplantation and to implement cost savings for patients and
various state agencies by eliminating needless bureaucracy, there is hereby
established the Virginia Donor Registry (hereinafter referred to as the
Registry), which shall be created, compiled, operated, maintained, and modified
as necessary by the Virginia Transplant Council in accordance with the
regulations of the Board of Health and the administration of the Department of
Health. At its sole discretion, the Virginia Transplant Council may contract
with a third party or parties to create, compile, operate, maintain or modify
the Registry. Pertinent information on all Virginians who have indicated a
willingness to donate organs and tissues in accordance with the Revised Uniform
Anatomical Gift Act (§32.1-291.1 et seq.) shall be compiled, maintained, and
modified as necessary in the Registry by the Virginia Transplant Council.
B. The Registry and all information therein shall be
confidential and subject to access only by personnel of the Department of
Health and designated organ procurement organizations, eye banks, and tissue
banks, operating in or serving Virginia that are members of the Virginia
Transplant Council, for the purpose of identifying and determining the
suitability of a potential donor according to the provisions of subdivision B 4
of §32.1-127 or subsection F H of §46.2-342.
C. The purpose of the Registry shall include, but not be
limited to:
1. Providing a means of recovering an anatomical gift for
transplantation, therapy, education or research as authorized by the Revised
Uniform Anatomical Gift Act (§32.1-291.1 et seq.) and subsection F H
of §46.2-342; and
2. Collecting data to develop and evaluate the effectiveness
of educational initiatives promoting organ, eye, and tissue donation that are
conducted or coordinated by the Virginia Transplant Council or its members.
D. The Board, in consultation with the Virginia Transplant
Council, shall promulgate regulations necessary to create, compile, operate,
maintain, modify as necessary, and administer the Virginia Donor Registry. The
regulations shall include, but not be limited to:
1. Recording the data subject's full name, address, sex, birth
date, age, driver's license number or unique identifying number, and other
pertinent identifying personal information;
2. Authorizing the Virginia Transplant Council to analyze
Registry data under research protocols that are designed to identify and assess
the effectiveness of mechanisms to promote and increase organ, eye, and tissue
donation within the Commonwealth; and
3. Providing that any Virginian whose name has been placed in
the registry may have his name deleted by filing an appropriate form with the
Virginia Transplant Council or in accordance with the Revised Uniform
Anatomical Gift Act (§32.1-291.1 et seq.) or subsection G I of §
46.2-342.
§46.2-324. Applicants and license holders to notify
Department of change of address; fee.
A. Whenever any person, after applying for or obtaining a
driver's license or special identification card shall move from the address
shown in the application or on the license or special identification card, he
shall, within thirty 30 days, notify the Department of his change
of address. If the Department receives notification from the person or any court
or law-enforcement agency that a person's residential address has changed to a
non-Virginia address, unless the person (i) is on active duty with the armed
forces of the United States, (ii) provides proof that he is a U.S. citizen and
resides outside the United States because of his employment or the employment
of a spouse or parent, or (iii) provides proof satisfactory to the Commissioner
that he is a bona fide resident of Virginia, the Department shall (i) mail, by
first-class mail, no later than three days after the notice of address change
is received by the Department, notice to the person that his license and/or
special identification card will be cancelled by the Department and (ii) cancel
the driver's license and/or special identification card thirty 30
days after notice of cancellation has been mailed.
B. The Department may contract with the United States
Postal Service or an authorized agent to use the National Change of Address
System for the purpose of obtaining current address information for a person
whose name appears in customer records maintained by the Department. If the
Department receives information from the National Change of Address System
indicating that a person whose name appears in a Department record has
submitted a permanent change of address to the Postal Service, the Department
may then update its records with the mailing address obtained from the National
Change of Address System.
C. There may be imposed upon anyone failing to notify
the Department of his change of address as required by this section a fee of
five dollars $5, which fee shall be used to defray the expenses
incurred by the Department. Notwithstanding the foregoing provision of this
subsection, no fee shall be imposed on any person whose address is obtained
from the National Change of Address System.
C D. The Department shall electronically
transmit change of address information to the Department of State Police, in a
format approved by the State Police, for comparison with information contained
in the Virginia Criminal Information Network and National Crime Information
Center Convicted Sexual Offender Registry Files, at the time of the change of
address. Whenever it appears from the records of the State Police that a person
has failed to comply with the duty to register or reregister pursuant to
Chapter 9 (§9.1-900 et seq.) of Title 9.1, the State Police shall promptly
investigate and, if there is probable cause to believe a violation has
occurred, obtain a warrant or assist in obtaining an indictment charging a violation
of §18.2-472.1 in the jurisdiction in which the person last registered or
reregistered or in the jurisdiction where the person made application for
change of address.
§46.2-342. What license to contain; organ donor information;
Uniform Donor Document.
A. Every license issued under this chapter shall bear:
1. For licenses issued or renewed on or after July 1, 2003, a
license number which shall be assigned by the Department to the licensee and
shall not be the same as the licensee's social security number;
2. A photograph of the licensee;
3. The licensee's full name, year, month, and date of birth;
4. The licensee's address, subject to the provisions of
subsection A1 B of this section;
5. A brief description of the licensee for the purpose of identification;
6. A space for the signature of the licensee; and
7. Any other information deemed necessary by the Commissioner
for the administration of this title.
No abbreviated names or nicknames shall be shown on any
license.
A1 B. At the option of the licensee, the address
shown on the license may be either the post office box, business, or residence
address of the licensee, provided such address is located in Virginia. However,
regardless of which address is shown on the license, the licensee shall supply
the Department with his residence address, which shall be an address in
Virginia. This residence address shall be maintained in the Department's
records. Whenever the licensee's address shown either on his license or in the
Department's records changes, he shall notify the Department of such change as
required by §46.2-324.
B C. The Department may contract with the
United States Postal Service or an authorized agent to use the National Change
of Address System for the purpose of obtaining current address information for
a person whose name appears in customer records maintained by the Department.
If the Department receives information from the National Change of Address
System indicating that a person whose name appears in a Department record has
submitted a permanent change of address to the Postal Service, the Department
may then update its records with the mailing address obtained from the National
Change of Address System.
D. The license shall be made of a material and in a
form to be determined by the Commissioner.
C E. Licenses issued to persons less than 21
years old shall be immediately and readily distinguishable from those issued to
persons 21 years old or older. Distinguishing characteristics shall include
unique design elements of the document and descriptors within the photograph
area to identify persons who are at least 15 years old but less than 21 years
old. These descriptors shall include the month, day, and year when the person
will become 21 years old.
D F. The Department shall establish a method by
which an applicant for a driver's license or an identification card may
designate his willingness to make an anatomical gift for transplantation,
therapy, research, and education as provided in Article 2 (§32.1-289.2 et
seq.) of Chapter 8 of Title 32.1 and shall cooperate with the Virginia
Transplant Council to ensure that such method is designed to encourage organ,
tissue, and eye donation with a minimum of effort on the part of the donor and
the Department.
E G. If an applicant designates his willingness
to be a donor pursuant to subsection D F, the Department may make
a notation of this designation on his license or card and shall make a notation
of this designation in his driver record.
F H. The donor designation authorized in subsection
E G shall be sufficient legal authority for the removal,
following death, of the subject's organs or tissues without additional
authority from the donor, or his family or estate. No family member, guardian,
agent named pursuant to an advance directive or person responsible for the
decedent's estate shall refuse to honor the donor designation or, in any way,
seek to avoid honoring the donor designation.
G I. The donor designation provided pursuant to
subsection D F may be rescinded by notifying the Department. In
addition, the Department shall remove from the driver's license or
identification card any donor designation made pursuant to subsection D F,
if, at the time the applicant renews or replaces the license or identification
card, the applicant does not again designate his willingness to be a donor
pursuant to subsection D F.
H J. A minor may make a donor designation
pursuant to subsection D F without the consent of a parent
or legal guardian as authorized by the Revised Uniform Anatomical Gift Act (§
32.1-291.1 et seq.).
I K. The Department shall provide a method by
which an applicant conducting a Department of Motor Vehicles transaction using
electronic means may make a voluntary contribution to the Virginia Donor
Registry and Public Awareness Fund (Fund) established pursuant to §32.1-297.1.
The Department shall inform the applicant of the existence of the Fund and also
that contributing to the Fund is voluntary.
J L. The Department shall collect all moneys
contributed pursuant to subsection I K and transmit the moneys on
a regular basis to the Virginia Transplant Council, which shall credit the
contributions to the Fund.
K M. When requested by the applicant, and upon
presentation of a signed statement by a licensed physician confirming the applicant's
condition, the Department shall indicate on the applicant's driver's license
that the applicant is (i) an insulin-dependent diabetic, or (ii) hearing or
speech impaired.
L N. In the absence of gross negligence or
willful misconduct, the Department and its employees shall be immune from any
civil or criminal liability in connection with the making of or failure to make
a notation of donor designation on any license or card or in any person's
driver record.
M O. Notwithstanding the foregoing provisions of
this section, the Department shall continue to use the uniform donor document,
as formerly set forth in subsection D above F, for organ donation
designation until such time as a new method is fully implemented, which shall
be no later than July 1, 1994. Any such uniform donor document shall, when
properly executed, remain valid and shall continue to be subject to all
conditions for execution, delivery, amendment, and revocation as set out in
Article 2 (§32.1-289.2 et seq.) of Chapter 8 of Title 32.1.
N P. The Department shall, in coordination with
the Virginia Transplant Council, prepare an organ donor information brochure
describing the organ donor program and providing instructions for completion of
the uniform donor document information describing the bone marrow donation
program and instructions for registration in the National Bone Marrow Registry.
The Department shall include a copy of such brochure with every driver's
license renewal notice or application mailed to licensed drivers in Virginia.
§46.2-416. Notice of suspension or revocation of license.
A. Whenever it is provided in this title that a
driver's license may or shall be suspended or revoked either by the
Commissioner or by a court, notice of the suspension or revocation or any
certified copy of the decision or order of the Commissioner may be sent by the
Department by certified mail to the driver at the most recent address of the
driver on file at the Department. If the driver has previously been notified by
mail or in person of the suspension or revocation or of an impending suspension
for failure to pay fines and costs pursuant to §46.2-395, whether notice is
given by the court or law-enforcement officials as provided by law, and the
Department has been notified by the court that notice was so given and the
fines and costs were not paid within fifteen 15 days, no notice
of suspension shall be sent by the Department to the driver. If the certificate
of the Commissioner or someone designated by him for that purpose shows that the
notice or copy has been so sent or provided, it shall be deemed prima facie
evidence that the notice or copy has been sent and delivered or otherwise
provided to the driver for all purposes involving the application of the
provisions of this title. In the discretion of the Commissioner, service may be
made as provided in §8.01-296, which service on the driver shall be made by
delivery in writing to the driver in person in accordance with subdivision 1 of
§8.01-296 by a sheriff or deputy sheriff in the county or city in which the
address is located, who shall, as directed by the Commissioner, take possession
of any suspended or revoked license, registration card, or set of license
plates or decals and return them to the office of the Commissioner. No such
service shall be made if, prior to service, the driver has complied with the
requirement which caused the issuance of the decision or order. In any such
case, return shall be made to the Commissioner.
B. In lieu of making a direct payment to sheriffs as a
fee for delivery of the Department's processes, the Commissioner shall effect a
transfer of funds, on a monthly basis, to the Compensation Board to be used to
provide additional support to sheriffs' departments. The amount of funds so
transferred shall be as provided in the general appropriation act.
C. The Department may contract with the United States
Postal Service or an authorized agent to use the National Change of Address
System for the purpose of obtaining current address information for a person whose
name appears in customer records maintained by the Department. If the
Department receives information from the National Change of Address System
indicating that a person whose name appears in a Department record has
submitted a permanent change of address to the Postal Service, the Department
may then update its records with the mailing address obtained from the National
Change of Address System.
§46.2-606. Notice of change of address.
A. Whenever any person who has applied for or obtained
the registration or title to a vehicle moves from the address shown in his
application, registration card or certificate of title, he shall notify the
Department of his change of address within thirty 30 days.
B. The Department may contract with the United States Postal
Service or an authorized agent to use the National Change of Address System for
the purpose of obtaining current address information for a person whose name
appears in customer records maintained by the Department. If the Department
receives information from the National Change of Address System indicating that
a person whose name appears in a Department record has submitted a permanent
change of address to the Postal Service, the Department may then update its
records with the mailing address obtained from the National Change of Address
System.
C. Anyone failing to comply with this section may be
charged a fee of five dollars $5, to be used to cover the
Department's expenses. Notwithstanding the foregoing provision of this
subsection, no fee shall be imposed on any person whose address is obtained
from the National Change of Address System.
| 
