Enacts the "New York state organ donor awareness and education act" and provides mechanisms to fund the "life pass it on trust fund" through the department of motor vehicles.
BILL NUMBER: S7727
TITLE OF BILL : An act to amend the vehicle and traffic 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.
SUMMARY OF SPECIFIC PROVISIONS : § 1 Creates Article 19-C of vehicle and traffic law, which accomplished the following:
1. Restructures the language on an application for a drivers license to include more explicit language dealing with organ donation registry opt-ins.
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.
§2 Amends the public health law to create a new subdivision in regards to the presumed willingness to donate organs.
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 43%. In some states, such as Utah and Iowa, the DDR ranges between 65-70%,
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 eligible to join the registry and enact various provisions to encourage registration and donations to the "life pass it on fund".
By making the option to consider organ donation a requirement of application, the number of people informed about the choice to donate organs would increase significantly and with education on the topic this measure would also lead to a significant increase in the percentage of donors in the Registry.
PRIOR LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS : Minimal.
EFFECTIVE DATE : This act shall take effect January 1, 2011.
STATE OF NEW YORK ________________________________________________________________________ 7727 IN SENATE May 5, 2010 ___________Introduced by Sens. SAMPSON, SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic 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. The vehicle and traffic law is amended by adding a new article 19-C to read as follows: ARTICLE 19-C NEW YORK STATE ORGAN DONOR AWARENESS AND EDUCATION ACT SECTION 509-AA. SHORT TITLE. 509-BB. DRIVER'S LICENSE IDENTIFICATION AND INFORMATION. 509-CC. VEHICLE REGISTRATION. 509-DD. LIFE PASS IT ON TRUST FUND. 509-EE. RULES AND REGULATIONS. S 509-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "NEW YORK STATE ORGAN DONOR AWARENESS AND EDUCATION ACT". S 509-BB. DRIVER'S LICENSE IDENTIFICATION AND INFORMATION. 1. ALL PERSONS WHO ARE APPLYING FOR A DRIVER'S LICENSE OR REGISTERING ANY VEHI- CLE MUST BE VERBALLY ADVISED THAT THEY HAVE THE OPTION TO JOIN THE NEW YORK STATE ORGAN AND TISSUE REGISTRY KNOWN AS DONATE LIFE N.Y. REGISTRY. LICENSES AND REGISTRATIONS SHALL NOT BE ISSUED UNLESS THE APPLICANT COMPLETES THE PORTION OF THE APPLICATION THAT EXPRESSLY DEALS WITH ORGAN AND TISSUE DONATION. 2. THE LANGUAGE ON THE APPLICATION SHALL GIVE THE APPLICANT THE OPTION TO: (A) ADD THEIR NAME TO THE DONOR REGISTRY; (B) DECLINE ENROLLMENT IN THE REGISTRY AT THIS TIME; OR (C) MAKE A TWO DOLLAR CONTRIBUTION TO SUPPORT ORGAN AND TISSUE DONATION IN NEW YORK STATE, TO BE DEPOSITED IN THE "LIFE PASS IT ON TRUST FUND."EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16390-04-0 S. 7727 2
3. THE FOLLOWING TEXT SHALL APPEAR BELOW THE OPTIONS LISTED IN SUBDI- VISION TWO OF THIS SECTION, IN A PROMINENT LOCATION, AND WITH NOTABLY DISTINCTIVE PRINT OR FORMAT: "MARKING 'YES' ADDS YOUR NAME TO THE DONATE LIFE REGISTRY AND THIS INFORMATION WILL BE DISPLAYED ON YOUR LICENSE. IF YOU REGISTERED PREVIOUSLY, CHECK 'YES' TO HAVE YOUR ENROLLMENT STATUS APPEAR ON YOUR LICENSE OR ID CARD EVEN IF YOU HAVE REGISTERED PREVIOUSLY. IF YOU WISH TO REMOVE YOUR NAME FROM THE REGISTRY, YOU MUST CONTACT THE NEW YORK STATE DEPARTMENT OF HEALTH". THE CURRENT CONTACT INFORMATION FOR THE DONATE LIFE N.Y. REGISTRY, INCLUDING ITS MAILING ADDRESS AND WEBSITE, MUST ALSO APPEAR AT THE END OF SUCH TEXT. 4. IN ADDITION, THE FOLLOWING TEXT SHALL APPEAR ADJACENT TO THE LANGUAGE PROVIDED IN SUBDIVISION THREE OF THIS SECTION, IN A PROMINENT LOCATION AND WITH NOTABLY DISTINCTIVE PRINT OR FORMAT; PROVIDED ALSO THAT THE TITLE OF THIS DISCLOSURE SHALL ALSO BE IN BOLD TYPE AND OTHER- WISE DISTINCT FROM THE LANGUAGE CONTAINED HEREIN: ORGAN DONOR CONSENT STATEMENT: IF ON THIS FORM YOU MARKED 'YES' TO REGISTER AS AN ORGAN AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY AND ALL ORGANS AND/OR TISSUES IN THE EVENT OF YOUR DEATH. IF YOU WISH TO DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE SPACE PROVIDED BELOW. REGISTERING AS A DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN ANY WAY. AS OUTLINED IN S 4301 OF THE NEW YORK STATE PUBLIC HEALTH LAW, YOUR AUTHORIZATION IS LEGALLY BINDING, AND, UNLESS THE DONOR IS UNDER AGE 18, YOUR DECI- SION DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON. FOR REGISTERED DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION. A SPACE MUST BE PROVIDED FOR SPECIFIC ANATOMICAL GIFTS. 5. THE DEPARTMENT SHALL PROVIDE ADDITIONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITER- ATURE AT ALL PLACES WHERE INDIVIDUALS CAN APPLY FOR A DRIVER'S LICENSE PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS TITLE AND THE DEPARTMENT OF MOTOR VEHICLES OFFICIAL WEBSITE FOR THE PURPOSE OF EDUCATING THE PUBLIC ABOUT ORGAN AND TISSUE DONATION. S 509-CC. VEHICLE REGISTRATION. THE DEPARTMENT SHALL PROVIDE AN APPLI- CANT FOR A RENEWAL VEHICLE REGISTRATION THE OPPORTUNITY TO MAKE A CONTRIBUTION OF TWO DOLLARS TO THE NEW YORK STATE "LIFE PASS IT ON TRUST FUND." THE CONTRIBUTION SHALL BE ADDED TO THE REGULAR FEE FOR A RENEWAL OF A VEHICLE REGISTRATION. ONE CONTRIBUTION MAY BE MADE FOR EACH RENEWAL VEHICLE REGISTRATION. CONTRIBUTIONS SHALL BE USED EXCLUSIVELY FOR THE PURPOSES DESCRIBED IN SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE. THE DEPARTMENT SHALL DETERMINE, QUARTERLY, THE TOTAL AMOUNT DESIGNATED UNDER THIS SECTION AND SHALL REPORT THAT AMOUNT TO THE STATE COMP- TROLLER, WHO SHALL TRANSFER THAT AMOUNT TO THE "LIFE PASS IT ON TRUST FUND." S 509-DD. LIFE PASS IT ON TRUST FUND. ALL CONTRIBUTIONS RECEIVED BY THE DEPARTMENT UNDER THIS ARTICLE SHALL BE DEPOSITED INTO THE "LIFE PASS IT ON TRUST FUND" AS ESTABLISHED IN SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE AND ARE TO BE USED FOR THE PURPOSES OF PUBLIC EDUCATION, AND TO IMPROVE AND PROMOTE THE DONATE LIFE N.Y. REGISTRY. S 509-EE. RULES AND REGULATIONS. THE COMMISSIONER SHALL IMPLEMENT RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, INCLUDING PROVISIONS TO ENSURE THE COMPLIANCE OF ELECTRONIC SUBMISSIONSS. 7727 3
AND APPLICATIONS FOR LICENSE AND VEHICLE REGISTRATION AND RENEWAL WITH THIS ARTICLE. S 2. Section 4303 of the public health law is amended by adding a new subdivision 6 to read as follows: 6. FOR ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE, THE DONOR WILL BE PRESUMED TO MAKE A DONATION OF ANY AND ALL ORGANS AND TISSUES. THIS PRESUMPTION SHALL APPLY TO ANATOMICAL GIFTS MADE PURSUANT TO ARTICLES NINETEEN AND NINETEEN-C OF THE VEHICLE AND TRAFFIC LAW. THIS PRESUMPTION SHALL NOT APPLY WHEN: (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO GIFT SPECIFIC ORGANS AND/OR TISSUES. AN EXPRESS GIFT OF SPECIFIC ORGANS 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 DONATE LIFE N.Y. REGISTRY. ANY COMMUNICATION, INCLUDING WRITTEN, ORAL, SIGN LANGUAGE, ELECTRONIC OR OTHERWISE, THAT CONTRADICTS OR OTHERWISE 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 ARTICLES NINETEEN AND NINETEEN-C 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. S 3. This act shall take effect January 1, 2011.