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BILL NUMBER:S3231

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.

Text

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 SPACE

 EXPLANATION--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  INFORMATIONAL
S. 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 BE
S. 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  EXPRESS
S. 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.