A10039 Summary:

BILL NOA10039B
 
SAME ASSAME AS S07103-A
 
SPONSOROrtiz
 
COSPNSRGalef, Palmesano, Gottfried, Conte
 
MLTSPNSRCook, 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.
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A10039 Actions:

BILL NOA10039B
 
05/02/2012referred to health
05/31/2012reported referred to codes
06/15/2012amend (t) and recommit to codes
06/15/2012print number 10039a
06/16/2012amend and recommit to codes
06/16/2012print number 10039b
06/18/2012reported referred to rules
06/19/2012reported
06/19/2012rules report cal.393
06/19/2012ordered to third reading rules cal.393
06/19/2012passed assembly
06/19/2012delivered to senate
06/19/2012REFERRED TO RULES
06/20/2012SUBSTITUTED FOR S7103A
06/20/20123RD READING CAL.876
06/20/2012PASSED SENATE
06/20/2012RETURNED TO ASSEMBLY
09/21/2012delivered to governor
10/03/2012signed chap.465
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A10039 Floor Votes:

DATE:06/19/2012Assembly Vote  YEA/NAY: 145/0
AbbateYCerettoYGlickYLentolYMurrayYRyanY
AbinantiYClarkYGoldfederYLiftonYNolanYSaladinoY
AmedoreYColtonYGoodellYLinaresYOaksYSaywardY
ArroyoYConteERGottfriedYLope PDYO'DonnellYScarboroughY
AubryYCookYGrafYLope VJYOrtizYSchimelY
BarclayYCorwinYGuntherYLosquadroYPalmesanoYSchimmingerY
BarrettYCrespoYHannaYLupardoYPaulinYSimanowitzY
BarronYCrouchYHawleyYMageeYPeoples StokesYSimotasY
BenedettoYCurranYHeastieYMagnarelliYPerryYSkartadosY
BlankenbushYCusickYHevesiYMaiselYPretlowYSmardzY
BoylandYCymbrowitzYHikindYMalliotakisYQuartYStevensonY
BoyleYDenDekkerYHooperYMarkeyYRaYSweeneyY
BraunsteinYDinowitzYJacobsYMayerYRabbittYTediscoY
BrennanYDupreyYJaffeeYMcDonoughYRaiaYTenneyY
BrindisiYEnglebrightYJeffriesERMcEnenyYRamosYThieleY
BronsonYEspinalYJohnsYMcKevittYReilichYTitoneY
Brook KrasnyYFarrellYJordanYMcLaughlinYReillyYTitusY
BurlingYFinchYKatzYMengERRive J YTobaccoY
ButlerYFitzpatrickYKavanaghYMill D YRive N YWalterY
CahillYFriendYKearnsYMill JMYRive PMYWeinsteinY
CalhounYGabryszakYKellnerYMill MGYRobertsYWeisenbergY
CamaraYGalefYKolbYMillmanYRobinsonYWeprinY
CanestrariYGanttYLancmanERMontesanoYRodriguezYWrightY
CastelliYGibsonERLatimerYMorelleYRosenthalYZebrowskiY
CastroYGiglioYLavineYMoyaYRussellYMr SpkrY

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A10039 Text:



 
                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.
                                                                   LBD13875-13-2

        A. 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.
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