Extends, for an additional 4 years, the provisions of Lauren's law, providing for the election to or declining to elect to register in the donate life registry for organ and tissue donation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8594
SPONSOR: Ortiz TITLE OF BILL:
An act to amend Lauren's law, in relation to extending the expiration
date of the provisions thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to extend for an additional four
years the provisions of state law requiring individuals who apply for a
New York State Drivers License to complete the organ donor registry
section. The applicant must check the box for either "yes" or "skip this
question" under the organ donor registry section of the application.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This bill would extend Chapter 465 of 2012 for an additional
four years, until the year 2020.
Chapter 465 of 2012 amends the public health law to require the DMV
commissioner to provide space on certain driver forms for registering or
declining to register in the donate life registry. This applies to an
application or renewal form of a license, non-driver identification card
application or renewal form. On the application, in clear and conspicu-
ous writing, an individual is required to check either "yes" or "skip
this question" when answering the question "Would you like to be added
to the Donate life registry?"
Chapter 465 also provides that the commissioner shall not maintain
records of any person who checks "skip this question." Failure to check
a box will not impair the validity of the application and failure to
check "yes" or checking "skip this question" will not be interpreted as
a wish not to donate.
If an applicant is not 18 years of age, checking "yes" will not consti-
tute consent to make an anatomical gift. And where an applicant has
previously consented to make an anatomical gift or registered in the
donate life registry, checking "skip this question" or failing to check
a box will not impair this previous consent or registration.
Section 2 states that this Act shall take effect immediately.
JUSTIFICATION:
Chapter 465 of 2012, named after a 12-year old girl who received a life-
saving heart transplant, is set to expire in October 2016. This legis-
lation would extend the provisions of this chapter until October 2020,
which requires applicants who fill out motor vehicle forms to affirma-
tively check that, "yes" they will be an organ donor, or to check the
box stating that they are skipping the question.
According to the New York State Organ Donor Network, New York currently
has the lowest Donor Designation Rate in the United States. Extension
of this law will continue to promote and increase the number of organ
donors in the state while taking into consideration all of the individ-
ual rights of persons to decline enrollment into the program.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8594
2015-2016 Regular Sessions
IN ASSEMBLY
December 2, 2015
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Health
AN ACT to amend Lauren's law, in relation to extending the expiration
date of the provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6 of chapter 465 of the laws of 2012, constituting
2 Lauren's law, is amended to read as follows:
3 § 6. This act shall take effect one year after it shall have become a
4 law; provided that the commissioners of health and motor vehicles may
5 implement sections two, four and five of this act within their respec-
6 tive jurisdictions before that date; and provided, further, that the
7 provisions of this act shall expire and be deemed repealed [three] seven
8 years after such effective date.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13166-01-5
