BILL NUMBER:A9865
TITLE OF BILL: An act to amend the vehicle and traffic law and the
public health law, in relation to organ donation
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 can "Opt-Out" of being an organ donor rather can regis-
ter into the program as is the case under current law.
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend provisions of
traffic law and public health law to:
§1 Amend license application procedures to effectively reverse the meth-
od by which new licensees register to become an Organ Donor. Under the
new law, licensees have to decline to be enrolled in the New York State
Organ and Tissue Registry or else they will be automatically enrolled.
§2 Amend public health law to state the same in regards to the automatic
registration into the New York State Organ and Tissue Registry unless
there is an expressed intention to do otherwise.
JUSTIFICATION: According to the New York State Organ Donor Network, New
York State currently has the lowest Donor Designation Rate (DDR) in the
United States. In total, only 11% of eligible donors are currently
enrolled in The New York State Organ and Tissue Registry.
S T A T E O F N E W Y O R K
________________________________________________________________________
9865
I N A S S E M B L Y
February 4, 2010
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law and the public health law,
in relation to organ donation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 502 of the vehicle and traffic
law, as amended by chapter 639 of the laws of 2006, is amended to read
as follows:
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 provide space on the application so that the
applicant may [register in] OPT-OUT OF the New York state organ and
tissue donor registry under section forty-three hundred ten of the
public health law. IF THE APPLICANT DOES NOT DECLINE TO BE REGISTERED IN
THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY THEY WILL BE AUTOMAT-
ICALLY ENROLLED. In addition, an applicant for a commercial driver's
license who will operate 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. 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 commis-
sioner shall revoke such license.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15737-01-0
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