Enacts the "New York State Organ Donor Awareness and Education Act"; provides method to opt out on application or renewal for license and/or vehicle registration.
TITLE OF BILL: An act to amend the vehicle and traffic law, the state finance law and the public health law, in relation to implementing the "New York state organ donor awareness and education act"
PURPOSE OR GENERAL IDEA OF BILL: To improve the process by which the Department of Motor Vehicles solicits, registers and enrolls individuals to become members of the New York State Organ and Tissue Registry. This bill will automatically register anyone who receives a driver's licenses into the organ donor program. If the person wishes to not participate they would need to opt out of the program on their application.
SUMMARY OF SPECIFIC PROVISIONS: Specifically, this bill:
1. Restructures the language on an application for a drivers license to include more explicit language dealing with the organ donation program.
2. Provides new language for use on applications.
3. Requires the DMV to provide informational literature on organ donation at any place where individuals can apply for a drivers license
4. Provides applicants for renewals of licenses the option to donate 2 dollars to the New York state Donate Life Registry.
5. Provides regulations over said fund.
6. Amends the public health law to create a new subdivision in regards to the presumed willingness to donate organs.
7. Automatically enrolls drivers into the organ donor program. If a enrollee chooses to not participate, they would need to indicate that on their application.
JUSTIFICATION: According to the New York Alliance for Donation, New York State currently has the lowest Donor Designation Rate (DDR) in the united States. In total, only 11% of eligible donors are currently enrolled in The New York State Organ and Tissue Registry.
This number starkly contrasts to the national average of 430. In some states, such as Utah and Iowa, the DDR ranges between 55-70%, This bill will modify the process by which individuals may join the registry. It would require DMV employees to alert an applicant that they are enrolled in the registry and give them the opportunity to
opt-out of the program. The bill will also enact various provisions to encourage registration and donations to the "life pass it on fund".
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect November 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 3231 2011-2012 Regular Sessions IN SENATE February 14, 2011 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, the state finance law and the public health law, in relation to implementing the "New York state organ donor awareness and education act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "New York State Organ Donor Awareness and Education Act." S 2. Paragraph b of subdivision 1 of section 401 of the vehicle and traffic law, as amended by chapter 222 of the laws of 1996, is amended to read as follows: b. Every owner of a motor vehicle which shall be operated or driven upon the public highways of this state shall, except as otherwise expressly provided, cause to be presented, by mail or otherwise, to the office or a branch office of the commissioner, or to any agent of the commissioner, constituted as provided in this chapter, an application for registration addressed to the commissioner, and on a blank to be prepared under the direction of and furnished by the commissioner for that purpose, containing: (a) a brief description of the motor vehicle to be registered, including the name and factory number of such vehicle, and such other facts as the commissioner shall require; (b) the weight of the vehicle upon which the registration fee is based if the fee is based on weight; (c) the name and residence, including county of the owner of such motor vehicle; (C-1) WITH RESPECT TO VEHICLES SUBJECT TO REGISTRATION PURSUANT TO SUBDIVISION SIX, PARAGRAPH ONE OF SCHEDULE B AND SCHEDULE C OF SUBDIVISION SEVEN OF THIS SECTION, SPACE ON THE APPLI- CATION AND RENEWAL APPLICATION TO ENABLE THE APPLICANT TO DECLINE REGIS- TRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY PURSUANT TO SUBDIVI- SION TWO-A OF SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW, AS INDICATED BY CHECKING "NO" TO REGISTRATION IN SUCH REGISTRY AND SPACEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08896-01-1 S. 3231 2
FOR THE APPLICANT'S SIGNATURE WITHIN A DESIGNATED AREA (SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION FOR REGISTRATION). DECLINING TO ENROLL IN THE NEW YORK STATE DONATE LIFE REGISTRY UNDER THIS SECTION BY MARKING THE "NO" BOX ON THE APPLICATION AND SEPARATELY SIGNING SHALL BE DEEMED A SHOWING THAT THE APPLICANT HAS DECLINED THE AUTHORIZATION PURSUANT TO SUBDIVISION TWO-A OF SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW; (d) provided that, if such motor vehicle is used or to be used as an omnibus, the applicant also shall so certify, and in the case of an omnibus also certify as to the seating capacity, and if the omni- bus is to be operated wholly within a municipality pursuant to a fran- chise other than a franchise express or implied in articles of incorpo- ration upon certain streets designated in such franchise, those facts shall also be certified, and a certified copy of such franchise furnished to the commissioner; (e) provided, that, if such motor vehicle is an altered livery, the applicant shall so furnish a certified copy of the length of the center panel of such vehicle, provided, however, that the commissioner shall require such proof, as he may determine is neces- sary, in the application for registration and provided further, if the center panel of such vehicle exceeds one hundred inches, the commission- er shall require proof that such vehicle is in compliance with all applicable federal and state motor vehicle safety standards; and (f) such additional facts or evidence as the commissioner may require in connection with the application for registration. Every owner of a trailer shall also make application for the registration thereof in the manner herein provided for an application to register a motor vehicle, but shall contain a statement showing the manufacturer's number or other identification satisfactory to the commissioner and no number plate for a trailer issued under the provisions of subdivision three of section four hundred two of this chapter shall be transferred to or used upon any other trailer than the one for which number plate is issued. The commissioner shall require proof, in the application for registration, or otherwise, as such commissioner may determine, that the motor vehicle for which registration is applied for is equipped with lights conforming in all respects to the requirements of this chapter, and no motor vehi- cle shall be registered unless it shall appear by such proofs that such motor vehicle is equipped with proper lights as aforesaid. The said application shall contain or be accompanied by such evidence of the ownership of the motor vehicle described in the application as may be required by the commissioner or his agent and which, with respect to new vehicles, shall include, unless otherwise specifically provided by the commissioner, the manufacturer's statement of origin. Applications received by an agent of the commissioner shall be forwarded to the commissioner as he shall direct for filing. No application for registra- tion shall be accepted unless the applicant is at least sixteen years of age. S 3. Subdivision 3 of section 401 of the vehicle and traffic law is amended by adding a new paragraph e to read as follows: E. IN PROCESSING ANY APPLICATION FOR A CERTIFICATE OF REGISTRATION OF RENEWAL THEREOF PURSUANT TO THIS ARTICLE OR TO TITLE ELEVEN OF THIS CHAPTER, THE COMMISSIONER SHALL PROVIDE APPLICANTS WITH INFORMATIONAL MATERIALS DESCRIBING ORGAN AND TISSUE DONATION, THE NEW YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS (WITH CURRENT CONTACT INFORMATION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE ADDRESSES), AND THE "LIFE PASS IT ON" TRUST FUND. SUCH INFORMATIONALS. 3231 3
MATERIALS SHALL BE DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY THEREAFTER. S 4. Paragraph a of subdivision 3 of section 401 of the vehicle and traffic law, as amended by section 1 of part H of chapter 59 of the laws of 2009, is amended to read as follows: a. Upon filing of such application and the payment of the fee herein- after provided, the commissioner shall assign to such motor vehicle a distinctive number and, without expense to the applicant, issue and deliver in such manner as the commissioner may select to the owner a certificate of registration, in such form as the commissioner shall prescribe, and two number plates at a place within the state of New York named by the applicant in his or her application. EVERY CERTIFICATE OF REGISTRATION ISSUED FOR A VEHICLE REGISTERED PURSUANT TO SUBDIVISION SIX OR PARAGRAPH ONE OF SCHEDULE B AND SCHEDULE C OF SUBDIVISION SEVEN OF THIS SECTION TO A PERSON MAKING AN ANATOMICAL GIFT SHALL HAVE PROMINENT- LY PRINTED UPON THE FRONT OF SUCH CERTIFICATE OF REGISTRATION OR RENEWAL THEREOF THE STATEMENT "ORGAN DONOR" IN NOTABLY DISTINCTIVE PRINT OR FORMAT. THE COMMISSIONER SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF SUCH REGISTRATION OR RENEWAL THEREOF TO PERSONS MAKING AN ANATOMICAL GIFT WHICH ARE DIFFERENT FROM THE FEES REQUIRED FOR THE ISSUANCE OF REGISTRA- TIONS OR RENEWALS THEREOF TO PERSONS NOT MAKING AN ANATOMICAL GIFT. A number plate, within the meaning of this chapter, may, in the discretion of the commissioner, be a plate of a permanent nature, treated with reflectorized material according to specifications prescribed by the commissioner, and with a date tag attached to such plate or to the vehi- cle as prescribed by regulations of the commissioner indicating the validity of the plate during a certain period and the issuance of such a number plate with such date tag to a person possessing such a number plate shall be deemed the issuance of a number plate. An additional fee, not to exceed twenty-five dollars, shall be paid to the commissioner whenever a set of reflectorized number plates is issued for any vehicle for which a registration fee is normally charged except that, with respect to any number plate which is specifically requested by the applicant, such fee shall be paid to the commissioner upon approval of such request. In the event of the loss, mutilation or destruction of any certificate of registration, any number plate or set of number plates whether with or without a date tag or tags, or any date tag or set of date tags provided for in this article, the owner of a registered motor vehicle may file such statement and proof of the facts as the commis- sioner shall require, with a fee of three dollars, in the office of the commissioner, or, unless and until the commissioner shall otherwise direct, in the office of the agent who issued the certificate, plate, plates, tag or tags and the commissioner or his or her agent, as the case may be, shall issue a duplicate or substitute. It shall be the duty of every owner holding a certificate of registration to notify the commissioner in writing of any change of residence of such person within ten days after such change occurs, and to inscribe on such certificate, in the place provided by the commissioner, a record of such change of residence. S 5. Section 401 of the vehicle and traffic law is amended by adding a new subdivision 20 to read as follows: 20. THE COMMISSIONER IS DIRECTED TO DEVELOP REGISTRATION APPLICATION AND RENEWAL FORMS WHICH SHALL SOLICIT A VOLUNTARY TWO DOLLAR DONATION FROM PERSONS APPLYING FOR OR RENEWING A VEHICLE REGISTRATION AT THE TIME OF SUCH APPLICATION OR RENEWAL. OF MONIES COLLECTED PURSUANT TO THIS SUBDIVISION, THE FIRST ONE HUNDRED FIFTY THOUSAND DOLLARS SHALL BES. 3231 4
RETAINED BY THE DEPARTMENT TO OFFSET ITS INITIAL PROGRAM COSTS. SUBSE- QUENTLY, FIVE PERCENT OF ANY MONIES COLLECTED PURSUANT TO THIS SUBDIVI- SION SHALL BE RETAINED BY THE DEPARTMENT FOR CONTINUING ADMINISTRATIVE COSTS. THE REMAINDER OF SUCH MONIES COLLECTED PURSUANT TO THIS SUBDIVI- SION SHALL BE DEPOSITED IN THE "LIFE PASS IT ON" TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE. S 6. Subdivision 1 of section 502 of the vehicle and traffic law, as amended by chapter 639 of the laws of 2006, is amended to read as follows: 1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identi- ty, age, and fitness as may be required by the commissioner. The commis- sioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner also shall require that the applicant provide his or her social security number and provide space on the application so that the applicant may
[register]DECLINE REGISTRATION in the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law, AS INDICATED BY CHECKING "NO" TO REGISTRATION IN SUCH REGISTRY TOGETHER WITH THE APPLICANT'S SIGNATURE WITHIN A DESIG- NATED AREA (SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION). DECLINING TO ENROLL IN THE NEW YORK STATE DONATE LIFE REGISTRY UNDER THIS SECTION BY MARKING THE "NO" BOX ON THE APPLICATION AND SEPARATELY SIGNING SHALL BE DEEMED A SHOWING THAT THE APPLICANT HAS DENIED THE AUTHORIZATION PURSU- ANT TO SUBDIVISION TWO-A OF SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW. In addition, an applicant for a commercial driver's license who will operate a commercial motor vehicle in interstate commerce shall certify that such applicant meets the requirements to operate a commercial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promulgated by the United States secretary of transportation under the hazardous materials transportation act. Upon a determination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commis- sioner shall revoke such license. S 7. Subdivision 5 of section 508 of the vehicle and traffic law, as added by chapter 570 of the laws of 2006, is amended to read as follows: 5. The commissioner is directed to develop license application and renewal forms which shall solicit a voluntary [one]TWO dollar donation from persons applying for or renewing a driver's license at the time of such application or renewal. Of monies collected pursuant to this subdi- vision, the first one hundred fifty thousand dollars shall be retained by the department to offset its initial program costs. Subsequently, five percent of any monies collected pursuant to this subdivision shall be retained by the department for continuing administrative costs. The remainder of such monies collected pursuant to this subdivision shall be deposited in the life pass it on trust fund established pursuant to section ninety-five-d of the state finance law, as added by chapter four hundred fifteen of the laws of two thousand three. S 8. Section 508 of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows:S. 3231 5
6. IN PROCESSING ANY APPLICATION FOR A DRIVER'S LICENSE OR RENEWAL THEREOF PURSUANT TO THIS ARTICLE OR TO TITLE ELEVEN OF THIS CHAPTER, THE COMMISSIONER SHALL PROVIDE APPLICANTS WITH INFORMATIONAL MATERIALS DESCRIBING ORGAN AND TISSUE DONATION, THE NEW YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS (WITH CURRENT CONTACT INFORMA- TION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE ADDRESSES), AND THE "LIFE PASS IT ON" TRUST FUND. SUCH INFORMATIONAL MATERIALS SHALL BE DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY THEREAFTER. S 9. Subdivision 2 of section 95-d of the state finance law, as added by chapter 415 of the laws of 2003, is amended to read as follows: 2. Such fund shall consist of all revenues received pursuant to the provisions of SUBDIVISION TWENTY OF SECTION FOUR HUNDRED ONE, section four hundred four-u, AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED EIGHT of the vehicle and traffic law and all other moneys appropriated, cred- ited, or transferred thereto from any other fund or source pursuant to law. Nothing contained in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. S 10. Subdivision 2 of section 4310 of the public health law, as amended by chapter 161 of the laws of 2010, is amended and a new subdi- vision 2-a is added to read as follows: 2. Such registration of consent to make an anatomical gift can be made
[through](a) [indication made on the application or renewal form of]AUTOMATICALLY THROUGH APPLYING FOR A RENEWING a license AND/OR VEHICLE REGISTRATION, (b) THROUGH indication made on a non-driver identification card application or renewal form, (c) BY enrolling in the registry website maintained by the department, which may include using an elec- tronic signature under regulations of the commissioner and subject to article three of the state technology law, (d) THROUGH indication made on a voter registration form pursuant to subdivision five of section 5-210 of the election law, or (e) through any other method identified by the commissioner. The registration shall take effect upon the department sending written notice of the registration to the person enrolling in the registry. In making regulations on using an electronic signature for a registration of consent, the commissioner shall consult with the director of the office of technology. 2-A. ANY PERSON FILING WITH THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES AN APPLICATION FOR REGISTRATION OR RENEWAL OF REGISTRA- TION OF A MOTOR VEHICLE PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION FOUR HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW AND/OR AN APPLI- CATION FOR A LICENSE OR RENEWAL OF A LICENSE PURSUANT TO SUBDIVISION ONE OF SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW MAY DECLINE REGISTRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY BY CHECKING "NO" TO REGISTRATION IN SUCH REGISTRY AND AFFIXING HIS OR HER SIGNATURE WITH- IN A DESIGNATED AREA ON SUCH APPLICATION (SEPARATE FROM THE FINAL SIGNA- TURE CERTIFYING THE VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION). S 11. Section 4303 of the public health law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. FOR ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE OR ARTICLE FOUR- TEEN OR ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW, THE DONOR WILL BE PRESUMED TO MAKE A DONATION OF ANY AND ALL ORGANS AND TISSUES; PROVIDED, HOWEVER, THAT THIS PRESUMPTION SHALL NOT APPLY WHEN: (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO GIFT A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES. AN EXPRESSS. 3231 6
GIFT OF A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION EVEN IN THE ABSENCE OF LANGUAGE THAT IS NOT OTHERWISE INCONSISTENT WITH THIS SECTION; (B) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION TO THE NEW YORK STATE DONATE LIFE REGISTRY. ANY COMMUNICATION, INCLUDING WRITTEN, ORAL, SIGN LANGUAGE, ELECTRONIC OR OTHERWISE, THAT CONTRADICTS OR OTHER- WISE CONFLICTS WITH THE PRESUMPTION OF THIS SECTION SHALL BE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THIS SECTION; (C) THE DONOR REVOKES HIS OR HER GIFT; (D) THE DONOR IS UNDER THE AGE OF EIGHTEEN, IN WHICH CASE THE DONOR'S LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION; (E) THE GIFT IS MADE PURSUANT TO ARTICLE FOURTEEN OR NINETEEN OF THE VEHICLE AND TRAFFIC LAW AND THE DONOR HAS LISTED A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES. ANY MARK MADE ON THE DONOR'S LICENSE OR VEHICLE REGISTRATION OR THE DONOR'S APPLICATION FOR LICENSE OR REGISTRA- TION OR APPLICATION FOR RENEWAL OF LICENSE OR REGISTRATION THAT INDI- CATES THE DONOR INTENDS TO MAKE A SPECIFIC GIFT OF ORGAN OR ORGANS AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION; (F) THE DONATION IS PROHIBITED BY SECTION FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE. 7. THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES SHALL PROVIDE PRINTED INFORMATIONAL MATERIAL TO THE GENERAL PUBLIC INCLUDING, BUT NOT LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITERATURE INFORMING THE GENERAL PUBLIC ABOUT ORGAN AND TISSUE DONATION, THE NEW YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS INCLUDING CURRENT MAILING AND WEBSITE ADDRESSES FOR SUCH REGISTRY, AND THE "LIFE PASS IT ON" TRUST FUND. THE COMMISSIONER SHALL MAKE SUCH INFORMATIONAL MATERIALS AVAILABLE TO THE GENERAL PUBLIC AT ALL DEPARTMENT OF MOTOR VEHICLE OFFICES, ALL COUNTY OFFICES THAT PROVIDE DEPARTMENT OF MOTOR VEHICLE SERVICES, AND ON THE DEPARTMENT OF MOTOR VEHICLES' WEBSITE. S 12. This act shall take effect November 1, 2012.