senate Bill S7103

Amended

Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 27 / Apr / 2012
    • REFERRED TO HEALTH
  • 22 / May / 2012
    • 1ST REPORT CAL.876
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING (T) 7103A
  • 20 / Jun / 2012
    • SUBSTITUTED BY A10039B

Summary

Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications.

do you support this bill?

Bill Details

Versions:
S7103
S7103A
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §4310, Pub Health L; amd §5-210, El L; amd §§490 & 502, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
A10039B

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S7103 REVISED 05/10/12

TITLE OF BILL:
An act
to amend the public health law, the election law and
the
vehicle and traffic law,
in relation to establishing Lauren's law

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to increase participation in New
York organ donor registry.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The act shall be cited as "Lauren's Law."

Section 2. The bill amends the public health law to require the
commissioner to ensure that there is space provided on any consent
application, such as but not limited to, an application or renewal
form of a license, non-driver identification card application or
renewal form to register or decline registration in the donate life
registry. On the application, in clear and conspicuous writing, an
individual would be required to check either "yes" or "not at this
time" when answering the question "Would you like to be added to the
Donate life registry?"

The bill also provides that the commissioner does not have to maintain
records of any person who checks "not at this time." Failure to check
a box will not impair the validity of the application and failure to
check "yes" or checking "not at this time" will not be interpreted as
a wish not to donate.

If an applicant is not 18 years of age, checking "yes" will not
constitute 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 "not at this time" or failing to
check a box will not impair this previous consent or registration.

This sections also provides that the department may send written or
electronic notification of registration to the person enrolling in
the Donate Life Registry.

Sections 3-5. Amend the various sections of law pertaining to voter
registration, application or renewal form of a license and non-driver
identification card application to add the language from section 2 of
the bill.

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 43%. 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:
Similar to S.3885-A which passed the Senate on 4/13/11 and 6/20/11.

FISCAL IMPLICATIONS:
None.

EFFECTIVE PATE:
This act shall take effect on the sixtieth 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
________________________________________________________________________

                                  7103

                            I N  S E N A T E

                             April 27, 2012
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, the election law and the  vehicle
  and traffic law, in relation to establishing Lauren's law

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

  Section 1. Short title. 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 DONATE LIFE REGISTRY FOR ORGAN AND TISSUE  DONATIONS  UNDER  THIS
SECTION AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION:  WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY?   CHECK BOX  FOR  'YES'  OR  'NOT  AT  THIS
TIME'."
  THE  COMMISSIONER  SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS
"NOT AT THIS TIME".  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDI-
TY OF AN APPLICATION, AND FAILURE TO CHECK "YES"  OR  CHECKING  "NOT  AT
THIS  TIME" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE
CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING  "YES"  SHALL
NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13875-04-2

S. 7103                             2

DONATE  LIFE  REGISTRY.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO
MAKE AN ANATOMICAL GIFT OR  REGISTERED  IN  THE  DONATE  LIFE  REGISTRY,
CHECKING  "NOT  AT THIS TIME" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT  CONSENT  OR  REGISTRATION. The registration shall take effect upon
the [department sending] PROVISION OF written OR  ELECTRONIC  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] FOR technology.
  S 3. Subparagraph (xii) of paragraph (k) of subdivision 5  of  section
5-210  of the election law, as added by chapter 362 of the laws of 2008,
is amended to read as follows:
  (xii) A space for the applicant to register  in  the  New  York  state
donate life registry for organ and tissue donations established pursuant
to  section forty-three hundred ten of the public health law[.] WITH THE
FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION:  WOULD YOU LIKE TO BE  ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME".  FAILURE TO CHECK A
BOX SHALL NOT IMPAIR THE VALIDITY OF  AN  APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR  CHECKING  "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR  FAIL-
ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
  S  4.  Subdivision 2 of section 490 of the vehicle and traffic law, as
amended by chapter 575 of the laws  of  2006,  is  amended  to  read  as
follows:
  2.  Application.  Any  person  to whom a driver's license or learner's
permit has not been  issued  by  the  commissioner,  or  whose  driver's
license  or  learner's  permit is expired, suspended, revoked or surren-
dered, may make application to the commissioner for the issuance  of  an
identification  card.    THE  COMMISSIONER  SHALL  ENSURE  THAT SPACE IS
PROVIDED ON THE APPLICATION SO THAT  THE  APPLICANT  SHALL  REGISTER  OR
DECLINE  REGISTRATION  IN  THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE
DONATIONS PURSUANT TO SECTION FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC
HEALTH  LAW AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN CLEAR
AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME".  FAILURE TO CHECK A
BOX SHALL NOT IMPAIR THE VALIDITY OF  AN  APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR  CHECKING  "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR  FAIL-
ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
  S  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 1 of part D of chapter 58 of the  laws  of  2012,  is
amended to read as follows:

S. 7103                             3

  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and SHALL provide space  on  the  application  so
that  the  applicant may register in the New York state organ and tissue
donor registry under section  forty-three  hundred  ten  of  the  public
health  law[.] WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION:  WOULD YOU LIKE TO BE  ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME".  FAILURE TO CHECK A
BOX SHALL NOT IMPAIR THE VALIDITY OF  AN  APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR  CHECKING  "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR  FAIL-
ING  TO  CHECK  A  BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. In
addition, an applicant for a commercial driver's license who will  oper-
ate a commercial motor vehicle in interstate commerce shall certify that
such  applicant  meets  the  requirements  to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title  49  of
the  code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous  materials
transportation  act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act  of  1999  and  Part
383.71(h)  of  title  49  of the code of federal regulations relating to
medical certification and in a manner prescribed  by  the  commissioner.
For  purposes  of  this  section  and  sections five hundred three, five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in compliance with the form set forth in Part 391.43(h) of title  49  of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to  the application for such license, the commissioner shall revoke such
license.
  S 6. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.