senate Bill S3885A

Enacts Lauren's law in relation to mandatory registration or declination of registration in the organ donor registry

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Mar / 2011
    • REFERRED TO TRANSPORTATION
  • 05 / Apr / 2011
    • 1ST REPORT CAL.318
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 13 / Apr / 2011
    • PASSED SENATE
  • 13 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Apr / 2011
    • REFERRED TO TRANSPORTATION
  • 15 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 15 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 15 / Jun / 2011
    • AMENDED ON THIRD READING (T) 3885A
  • 20 / Jun / 2011
    • REPASSED SENATE
  • 20 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Enacts Lauren's law in relation to directing the commissioner of health to ensure that space is provided on any consent application so that the applicant shall register or decline registration in the New York state donate life registry for organ and tissue donations.

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Bill Details

See Assembly Version of this Bill:
A6148C
Versions:
S3885
S3885A
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Public Health Law
Laws Affected:
Amd §4310, Pub Health L

Sponsor Memo

BILL NUMBER:S3885A REVISED 06/20/11

TITLE OF BILL:
An act
to amend the public health law, in relation to directing the
commissioner of health to ensure that space is provided on any consent
application so that the applicant shall register or decline registration
in the New York state donate life registry for organ and tissue
donations

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 must
complete the section of the application as it pertains to the organ
donor registry.
The applicant must check the box for either "yes", "no" or "not at
this time" under the organ donor registry section of the application.
The state shall not keep any records of any persons who choose "no"
or "not at this time".

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend provisions of the vehicle and traffic law:

§1 This act shall be known and may be cited as "Lauren's Law".

§2 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 require the commissioner ensure
that space is provided on the application so that the applicant shall
register or decline registration in the New York State donate life
registry for organ and tissue donations. However, the State is not
required to keep any record of any persons choosing to decline
registration in the New York State donate life registry.

JUSTIFICATION:
According to the New York State Organ Donor Network, New York state
currently has the lowest Donor Designation Rate (DCR) 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 4.3%. In
some states, such as Utah and Iowa, the DDR ranges between 55-70%.
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 PATE:
This act shall take effect on the one hundred and twentieth day after
it shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3885--A
    Cal. No. 318

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced by Sens. CARLUCCI, KLEIN, KRUEGER, PERKINS, SAVINO, STAVISKY,
  VALESKY  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on  Transportation  --  reported  favorably
  from  said committee, ordered to a third reading, passed by Senate and
  delivered to the Assembly, recalled, vote  reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the public health law,  in  relation  to  directing  the
  commissioner of health to ensure that space is provided on any consent
  application  so that the applicant shall register or decline registra-
  tion in the New York state donate life registry for organ  and  tissue
  donations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Lauren's law".
  S 2. Subdivision 2 of section  4310  of  the  public  health  law,  as
amended  by  chapter  161  of  the  laws  of 2010, is amended to read as
follows:
  2. Such registration of consent to make an anatomical gift can be made
through (a) indication made on the application  or  renewal  form  of  a
license,  (b) indication made on a non-driver identification card appli-
cation or renewal form, (c) enrolling in the registry website maintained
by the department, which may include using an electronic signature under
regulations of the commissioner and subject  to  article  three  of  the
state  technology  law, (d) indication made on a voter registration form
pursuant to subdivision five of section 5-210 of the  election  law,  or
(e)  through  any  other  method  identified  by the commissioner.   THE
COMMISSIONER SHALL FURTHER ENSURE THAT SPACE IS PROVIDED ON ANY  CONSENT
APPLICATION SO THAT THE APPLICANT SHALL REGISTER OR DECLINE REGISTRATION
IN  THE  NEW  YORK  STATE  DONATE  LIFE  REGISTRY  FOR  ORGAN AND TISSUE
DONATIONS UNDER THIS SECTION AND THAT THE FOLLOWING  IS  STATED  ON  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10039-07-1

S. 3885--A                          2

APPLICATION:  "WOULD  YOU  LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY?
CHECK BOX FOR 'YES', 'NO', OR CHECK BOX FOR  'NO'  AT  THIS  TIME".  THE
DEPARTMENT SHALL NOT MAINTAIN ANY RECORDS OF ANY PERSON WHO CHECKS "'NO'
AT  THIS  TIME".  The registration shall take effect upon the department
sending written notice of the registration to the  person  enrolling  in
the registry. In making regulations on using an electronic signature for
a  registration  of  consent,  the  commissioner  shall consult with the
director of the office of technology.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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