10103851D
SENATE BILL NO. 479
Offered January 13, 2010
Prefiled January 13, 2010
A BILL 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
State Postal Service through the National Change of Address System.
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Patron-- Watkins
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Referred to Committee on Transportation
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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.
CD. 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 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.
A1B. 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.
BC. 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.
CE. 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.
DF. 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.
EG. If an applicant designates his
willingness to be a donor pursuant to subsection DF, 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.
FH. 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.
GI. 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 DF, 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 DF.
HJ. 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.).
IK. 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.
JL. 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.
KM. 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.
LN. 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.
MO. Notwithstanding the
foregoing provisions of this section, the Department shall continue to use the
uniform donor document, as formerly set forth in subsection D aboveF,
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.
NP. 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.
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