NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9865
SPONSOR: Brodsky 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 Amend license application procedures to effectively reverse the meth-
od 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 Amend public health law 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: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
9865
IN ASSEMBLY
February 4, 2010
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee 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
25 statement, with respect to the application for such license, the commis-
26 sioner shall revoke such license.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15737-01-0
A. 9865 2
1 § 2. Subdivision 1 of section 4301 of the public health law, as
2 amended by chapter 348 of the laws of 2009, is amended to read as
3 follows:
4 1. Any individual of sound mind and eighteen years of age or more may
5 give all or any part of his or her body for any purpose specified in
6 section forty-three hundred two of this article, the gift to take effect
7 upon death. In any case where the donor has properly executed an organ
8 donor card, [driver's license authorization to make an anatomical gift,]
9 has chosen not to opt-out of the New York state organ and tissue donor
10 registry on a driver's license application pursuant to paragraph (a) of
11 subdivision one of section five hundred four of the vehicle and traffic
12 law, registered in the New York state organ and tissue donor registry
13 under section forty-three hundred ten of this article, or has otherwise
14 given written authorization for organ or tissue donation, authorization
15 for donation shall not be rescinded by an objection by a member of any
16 of the classes specified in paragraphs (a) through (h) of subdivision
17 two of this section, except upon a showing that the donor revoked the
18 authorization.
19 § 3. This act shall take effect immediately.
