A10039 Summary:
BILL NO | A10039B |
  | |
SAME AS | SAME AS S07103-A |
  | |
SPONSOR | Ortiz |
  | |
COSPNSR | Galef, Palmesano, Gottfried, Conte |
  | |
MLTSPNSR | Cook, Sayward |
  | |
Amd SS4310 & 4303, Pub Health L; amd SS490 & 502, V & T L | |
  | |
Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications. |
A10039 Actions:
BILL NO | A10039B | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/02/2012 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2012 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2012 | amend (t) and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2012 | print number 10039a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2012 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2012 | print number 10039b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2012 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | rules report cal.393 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | ordered to third reading rules cal.393 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2012 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | SUBSTITUTED FOR S7103A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | 3RD READING CAL.876 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
09/21/2012 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/03/2012 | signed chap.465 |
A10039 Floor Votes:
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
ER
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A10039 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 10039--B IN ASSEMBLY May 2, 2012 ___________ Introduced by M. of A. ORTIZ, GALEF -- Multi-Sponsored by -- M. of A. SAYWARD -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the vehicle and traffic law, in relation to establishing Lauren's law; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Lauren's law". 3 § 2. Subdivision 2 of section 4310 of the public health law, as 4 amended by chapter 161 of the laws of 2010, is amended to read as 5 follows: 6 2. Such registration of consent to make an anatomical gift can be made 7 through (a) indication made on the application or renewal form of a 8 license, (b) indication made on a non-driver identification card appli- 9 cation or renewal form, (c) enrolling in the registry website maintained 10 by the department, which may include using an electronic signature under 11 regulations of the commissioner and subject to article three of the 12 state technology law, (d) indication made on a voter registration form 13 pursuant to subdivision five of section 5-210 of the election law, or 14 (e) through any other method identified by the commissioner. Where 15 required by law for consent forms described in paragraphs (a) and (b) of 16 this subdivision, the commissioner shall ensure that space is provided 17 on any consent form so that the applicant shall register or decline 18 registration in the donate life registry for organ and tissue donations 19 under this section and that the following is stated on the form in clear 20 and conspicuous type: 21 "You must fill out the following section: Would you like to be added 22 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 23 tion'." EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13875-13-2A. 10039--B 2 1 The commissioner shall not maintain records of any person who checks 2 "skip this question". Failure to check a box shall not impair the 3 validity of an application, and failure to check "yes" or checking "skip 4 this question" shall not be construed to imply a wish not to donate. In 5 the case of an applicant under eighteen years of age, checking "yes" 6 shall not constitute consent to make an anatomical gift or registration 7 in the donate life registry. Where an applicant has previously consented 8 to make an anatomical gift or registered in the donate life registry, 9 checking "skip this question" or failing to check a box shall not impair 10 that consent or registration. The registration shall take effect upon 11 the [department sending] provision of written or electronic notice of 12 the registration to the person enrolling in the registry. In making 13 regulations on using an electronic signature for a registration of 14 consent, the commissioner shall consult with the director of the office 15 [of] for technology. 16 § 3. Subdivision 5 of section 4303 of the public health law, as added 17 by chapter 466 of the laws of 1970, is amended to read as follows: 18 5. Any gift by a person designated in subdivision two of section four 19 thousand three hundred one of this article shall be by a document signed 20 by him or her or made by his or her telegraphic, recorded telephonic, or 21 other recorded message. Where a gift is made under this subdivision, 22 either: (a) the donor shall indicate in the document or message that he 23 or she has no actual notice of contrary indications by the decedent and 24 no reason to believe that an anatomical gift is contrary to the 25 decedent's religious or moral beliefs; or (b) an agent of the federally 26 designated organ procurement organization or of the donee shall make 27 reasonable effort to inquire of the donor or otherwise determine that 28 the donor has no actual notice of contrary indications by the decedent 29 and no reason to believe that an anatomical gift is contrary to the 30 decedent's religious or moral beliefs. 31 § 4. Subdivision 2 of section 490 of the vehicle and traffic law, as 32 amended by chapter 575 of the laws of 2006, is amended to read as 33 follows: 34 2. Application. Any person to whom a driver's license or learner's 35 permit has not been issued by the commissioner, or whose driver's 36 license or learner's permit is expired, suspended, revoked or surren- 37 dered, may make application to the commissioner for the issuance of an 38 identification card. The commissioner shall ensure that space is 39 provided on the application so that the applicant shall register or 40 decline registration in the donate life registry for organ and tissue 41 donations pursuant to section forty-three hundred ten of the public 42 health law and that the following is stated on the application in clear 43 and conspicuous type: 44 "You must fill out the following section: Would you like to be added 45 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 46 tion'." 47 The commissioner of the department of health shall not maintain 48 records of any person who checks "skip this question". Failure to check 49 a box shall not impair the validity of an application, and failure to 50 check "yes" or checking "skip this question" shall not be construed to 51 imply a wish not to donate. In the case of an applicant under eighteen 52 years of age, checking "yes" shall not constitute consent to make an 53 anatomical gift or registration in the donate life registry. Where an 54 applicant has previously consented to make an anatomical gift or regis- 55 tered in the donate life registry, checking "skip this question" or 56 failing to check a box shall not impair that consent or registration.A. 10039--B 3 1 § 5. Subdivision 1 of section 502 of the vehicle and traffic law, as 2 amended by section 1 of part D of chapter 58 of the laws of 2012, is 3 amended to read 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 shall provide space on the application so 13 that the applicant may register in the New York state organ and tissue 14 donor registry under section forty-three hundred ten of the public 15 health law[.] with the following stated on the application in clear and 16 conspicuous type: 17 "You must fill out the following section: Would you like to be added 18 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 19 tion'." 20 The commissioner of the department of health shall not maintain 21 records of any person who checks "skip this question". Failure to check 22 a box shall not impair the validity of an application, and failure to 23 check "yes" or checking "skip this question" shall not be construed to 24 imply a wish not to donate. In the case of an applicant under eighteen 25 years of age, checking "yes" shall not constitute consent to make an 26 anatomical gift or registration in the donate life registry. Where an 27 applicant has previously consented to make an anatomical gift or regis- 28 tered in the donate life registry, checking "skip this question" or 29 failing to check a box shall not impair that consent or registration. In 30 addition, an applicant for a commercial driver's license who will oper- 31 ate a commercial motor vehicle in interstate commerce shall certify that 32 such applicant meets the requirements to operate a commercial motor 33 vehicle, as set forth in public law 99-570, title XII, and title 49 of 34 the code of federal regulations, and all regulations promulgated by the 35 United States secretary of transportation under the hazardous materials 36 transportation act. In addition, an applicant for a commercial driver's 37 license shall submit a medical certificate at such intervals as required 38 by the federal motor carrier safety improvement act of 1999 and Part 39 383.71(h) of title 49 of the code of federal regulations relating to 40 medical certification and in a manner prescribed by the commissioner. 41 For purposes of this section and sections five hundred three, five 42 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 43 certificate" and "medical certification" shall mean a form substantially 44 in compliance with the form set forth in Part 391.43(h) of title 49 of 45 the code of federal regulations. Upon a determination that the holder of 46 a commercial driver's license has made any false statement, with respect 47 to the application for such license, the commissioner shall revoke such 48 license. 49 § 6. This act shall take effect one year after it shall have become a 50 law; provided that the commissioners of health and motor vehicles may 51 implement sections two, four and five of this act within their respec- 52 tive jurisdictions before that date; and provided, further, that the 53 provisions of this act shall expire and be deemed repealed three years 54 after such effective date.