senate Bill S3885A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 20, 2011 referred to transportation
returned to assembly
repassed senate
Jun 15, 2011 amended on third reading (t) 3885a
vote reconsidered - restored to third reading
Jun 15, 2011 returned to senate
recalled from assembly
Apr 13, 2011 referred to transportation
delivered to assembly
passed senate
Apr 11, 2011 advanced to third reading
Apr 06, 2011 2nd report cal.
Apr 05, 2011 1st report cal.318
Mar 08, 2011 referred to transportation

Votes

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Apr 5, 2011 - Transportation committee Vote

S3885
13
0
committee
13
Aye
0
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S3885 - Bill Details

See Assembly Version of this Bill:
A6148C
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4310, Pub Health L

S3885 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3885

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to mandatory
registration or declination of registration in the New York state organ
and tissue donor registry on motor vehicle license applications

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' or "not at this time" under the organ donor
registry section of the application.

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.

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.

This number starkly contrasts to the national average of 43%. In some
states, such as Utah and Iowa, the DDR ranges between 65-70%. 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 DATE:
This act shall take effect on the one hundred and
twentieth day after it shall have become a law.

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

    S. 3885                                                  A. 6148

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 8, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
  the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to mandatory
  registration or declination of registration  in  the  New  York  state
  organ and tissue donor registry on motor vehicle license applications

  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 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]. THE COMMISSIONER SHALL ENSURE THAT
space IS PROVIDED on the application so that the applicant  [may]  SHALL
register  OR  DECLINE  REGISTRATION  in  the  New York state DONATE LIFE
REGISTRY FOR organ and tissue [donor registry] DONATIONS  under  section
forty-three  hundred ten of the public health law AND THAT THE FOLLOWING
IS STATED ON THE APPLICATION: "WOULD YOU LIKE TO BE ADDED TO THE  DONATE
LIFE  REGISTRY? CHECK BOX FOR 'YES' OR CHECK BOX FOR 'NO' AT THIS TIME".
In addition, an applicant for a commercial  driver's  license  who  will

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10039-01-1

S. 3885                             2                            A. 6148

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  commissioner  shall  revoke  such
license.
  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.

Co-Sponsors

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S3885A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6148C
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §4310, Pub Health L

S3885A (ACTIVE) - Bill Texts

view 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.

view 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.


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                    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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