A02952 Summary:
BILL NO | A02952 |
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SAME AS | No same as |
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SPONSOR | Ortiz |
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COSPNSR | |
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MLTSPNSR | |
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Amd S502, V & T L; amd S4301, Pub Health L | |
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Provides that individuals must opt out of organ donation. |
A02952 Actions:
BILL NO | A02952 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/21/2011 | referred to transportation | |||||||||||||||||||||||||||||||||||||||||||||||||
01/04/2012 | referred to transportation |
A02952 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A2952 SPONSOR: Ortiz
  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 regis- ter 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 - A9865 - Referred to Transporta- tion (Brodsky)   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
A02952 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 2952 2011-2012 Regular Sessions IN ASSEMBLY January 21, 2011 ___________ Introduced by M. of A. ORTIZ -- read once and referred 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: 1 Section 1. Subdivision 1 of section 502 of the vehicle and traffic 2 law, as amended by chapter 639 of the laws of 2006, is amended to read 3 as follows: 4 1. Application for license. Application for a driver's license shall 5 be made to the commissioner. The fee prescribed by law may be submitted 6 with such application. The applicant shall furnish such proof of identi- 7 ty, age, and fitness as may be required by the commissioner. The commis- 8 sioner may also provide that the application procedure shall include the 9 taking of a photo image or images of the applicant in accordance with 10 rules and regulations prescribed by the commissioner. In addition, the 11 commissioner also shall require that the applicant provide his or her 12 social security number and provide space on the application so that the 13 applicant may [register in] opt-out of the New York state organ and 14 tissue donor registry under section forty-three hundred ten of the 15 public health law. If the applicant does not decline to be registered in 16 the New York state organ and tissue donor registry they will be automat- 17 ically enrolled. In addition, an applicant for a commercial driver's 18 license who will operate a commercial motor vehicle in interstate 19 commerce shall certify that such applicant meets the requirements to 20 operate a commercial motor vehicle, as set forth in public law 99-570, 21 title XII, and title 49 of the code of federal regulations, and all 22 regulations promulgated by the United States secretary of transportation 23 under the hazardous materials transportation act. Upon a determination 24 that the holder of a commercial driver's license has made any false EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08323-01-1A. 2952 2 1 statement, with respect to the application for such license, the commis- 2 sioner shall revoke such license. 3 § 2. Subdivision 1 of section 4301 of the public health law, as 4 amended by chapter 348 of the laws of 2009, is amended to read as 5 follows: 6 1. Any individual of sound mind and eighteen years of age or more may 7 give all or any part of his or her body for any purpose specified in 8 section forty-three hundred two of this article, the gift to take effect 9 upon death. In any case where the donor has properly executed an organ 10 donor card, [driver's license authorization to make an anatomical gift,] 11 has chosen not to opt-out of the New York state organ and tissue donor 12 registry on a driver's license application pursuant to paragraph (a) of 13 subdivision one of section five hundred four of the vehicle and traffic 14 law, registered in the New York state organ and tissue donor registry 15 under section forty-three hundred ten of this article, or has otherwise 16 given written authorization for organ or tissue donation, authorization 17 for donation shall not be rescinded by an objection by a member of any 18 of the classes specified in paragraphs (a) through (h) of subdivision 19 two of this section, except upon a showing that the donor revoked the 20 authorization. 21 § 3. This act shall take effect immediately.