NY State Senate Bill 2011-S3746

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2011	recommit, enacting clause stricken
Mar 03, 2011	referred to transportation

2011-S3746 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L; amd §4301, Pub Health L

2011-S3746 (ACTIVE) - Summary

Enacts "Lauren's law"; provides that individuals must opt out of organ donation.

2011-S3746 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3746

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the public health law, in
relation to organ donation

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
change existing law so that individuals who apply for a New York
State Drivers License can "Opt-Out" of being an organ donor rather
can register into the program as is the case under current law.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend provisions of
traffic law and public health law to:

§1 Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws of 2006, is amended to change the
license application procedures to effectively reverse the method by
which new licensees register to become an Organ Donor. Under the new
law, licensees have to decline to be enrolled in the New York State
Organ and Tissue Registry or else they will be automatically enrolled.

§2 Subdivision 1 of section 4301 of the public health law, as amended
by chapter 348 of the laws of 2009, is amended to state the same in

regards to the automatic registration into the New York State Organ
and Tissue Registry unless there is an expressed intention to do
otherwise.

JUSTIFICATION:
According to the New York State Organ Donor Network,
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 43%. In some
states, such as Utah and Iowa, the DDR ranges between 65-70%. This
bill will create a new model for organ and tissue donation that is
aimed at significantly increasing that percentage while taking into
consideration all of the individual rights of persons to decline
enrollment into the program.

PRIOR LEGISLATIVE HISTORY:
2009/10 - A.9865 - Referred to Transportation (Brodsky)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S3746 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3746

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 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 and the public  health  law,
  in relation to organ donation

  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
"Lauren's law".
  S  2.  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 in] OPT-OUT OF the  New  York  state  organ  and
tissue  donor  registry  under  section  forty-three  hundred ten of the
public health law. IF THE APPLICANT DOES NOT DECLINE TO BE REGISTERED IN
THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY THEY WILL BE AUTOMAT-
ICALLY ENROLLED. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08323-03-1

S. 3746                             2

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  3.  Subdivision  1  of  section  4301  of the public health law, as
amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  Any individual of sound mind and eighteen years of age or more may
give all or any part of his or her body for  any  purpose  specified  in
section forty-three hundred two of this article, the gift to take effect
upon  death.  In any case where the donor has properly executed an organ
donor card, [driver's license authorization to make an anatomical gift,]
HAS CHOSEN NOT TO OPT-OUT OF THE NEW YORK STATE ORGAN AND  TISSUE  DONOR
REGISTRY  ON A DRIVER'S LICENSE APPLICATION pursuant to paragraph (a) of
subdivision one of section five hundred four of the vehicle and  traffic
law,  registered  in  the New York state organ and tissue donor registry
under section forty-three hundred ten of this article, or has  otherwise
given  written authorization for organ or tissue donation, authorization
for donation shall not be rescinded by an objection by a member  of  any
of  the  classes  specified in paragraphs (a) through (h) of subdivision
two of this section, except upon a showing that the  donor  revoked  the
authorization.
  S 4. This act shall take effect immediately.

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Senate Bill S3746

Sponsored By

Archive: Last Bill Status - Stricken

2011-S3746 (ACTIVE) - Details

2011-S3746 (ACTIVE) - Summary

2011-S3746 (ACTIVE) - Sponsor Memo

2011-S3746 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3746

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Sponsored By

David Carlucci

Archive: Last Bill Status - Stricken

2011-S3746 (ACTIVE) - Details

2011-S3746 (ACTIVE) - Summary

2011-S3746 (ACTIVE) - Sponsor Memo

2011-S3746 (ACTIVE) - Bill Text download pdf

Comments