Cal. VEH § 12811.3 — California Code / Code veh / Division 6 / Chapter 1 / Article 3 / Section 12811.3
Section 12811.3
Status: in_force

(a) A written or electronic application for an original or renewal driver’s license or identification card shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (A) Yes, add my name to the donor registry or (B) I do not wish to register at this time.

(b) (1) The department shall enter into a memorandum of understanding with the Donate Life California Organ and Tissue Donor Registry to mutually agree upon the language accompanying the question of enrollment required in subdivision (a) for the purpose of defining enrollment and providing the corresponding disclosures.

(2) The department shall continue to use existing language accompanying the question of enrollment until a memorandum of understanding, as described in paragraph (1), is in effect.

(3) At any time a memorandum of understanding, as described in paragraph (1), is not in effect, the department shall continue to use the language from the most recent memorandum of understanding until a new one is in effect.

(c) 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.

(d) The department shall collect donor designation information on all applications for an original or renewal driver’s license or identification card.

(e) The department shall print the word “DONOR” or another appropriate designation on the face of a driver’s license or identification card to a person who has indicated on the application their intent to enroll in the organ donation program pursuant to this section.

(f) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicant’s decision to enroll in the organ donation program:

(1) The applicant’s true full name.

(2) The applicant’s residence or mailing address.

(3) The applicant’s year of birth.

(4) The applicant’s California driver’s license number or identification card number.

(g) (1) A person who applies for an original or renewal driver’s license or identification card may designate a voluntary contribution of two dollars ($2) or more for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver’s license or identification card.

(2) The department may use the donations collected pursuant to this section to cover its actual administrative costs incurred pursuant to subdivisions (d) to (f), inclusive. The department shall deposit all revenue derived pursuant to this section and remaining after the department’s deduction for administrative costs in the Donate Life California Trust Subaccount that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs.

(h) The enrollment form shall be posted on the internet websites for the department and the California Health and Human Services Agency.

(i) The enrollment form shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor’s death despite any express desires of next of kin opposed to the donation. Except for the provisions relating to a person under 18 years of age, the donation does not require the consent of any other person.

(j) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7150.90 of the Health and Safety Code, shall occur within 30 days of receipt.

(k) Information obtained by Donate Life California for the purposes of this section shall be used for these purposes only and shall not be disseminated further by Donate Life California.

(l) 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 enrollment form provided pursuant to this section.