NY State Senate Bill S5313A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 18, 2016	signed chap.248
Aug 08, 2016	delivered to governor
Jun 09, 2016	returned to senate passed assembly ordered to third reading rules cal.155 substituted for a4990b
Apr 11, 2016	referred to codes delivered to assembly passed senate
Jan 21, 2016	advanced to third reading
Jan 20, 2016	2nd report cal.
Jan 12, 2016	1st report cal.43
Jan 07, 2016	print number 5313a
Jan 07, 2016	amend and recommit to health
Jan 06, 2016	referred to health returned to senate died in assembly
Jun 24, 2015	referred to codes delivered to assembly passed senate
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.826
May 13, 2015	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S5313 - Details

See Assembly Version of this Bill:: A4990
Law Section:: Public Health Law
Laws Affected:: Amd §§4301 & 4310, Pub Health L; amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8860
2013-2014: A9203

S5313 - Summary

Authorizes persons 16 years of age or older to make an anatomical gift.

S5313 - Sponsor Memo

BILL NUMBER:S5313

TITLE OF BILL:  An act to amend the public health law and the vehicle
and traffic law, in relation to authorizing persons 16 years of age or
older to make an anatomical gift

PURPOSE:

To allow New Yorkers age 16 or older who wish to consent to donate the
ability to enroll in the New York State Donate Life Registry, while
preserving the parent's ability to give final authorization should the
under aged individual be considered for organ, eye or tissue donation.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 4301 of the public
health law, as amended by chapter 348 of the laws of 2009, to allow
individuals who are sixteen or seventeen years old to register their
consent to donate their organs, eyes, and tissue in the NYS Donate Life
Registry. This section also authorizes a potential donor's parents or
legal guardian to rescind the donor's authorization for donation at the
time of death if it were to occur before the potential donor turned
eighteen.

Section 2 of the bill amends subdivision 5 of section 4310 of the law,
which directs the department to create a means by which sixteen and

seventeen year olds can register their consent to donate their organs,
eyes, and tissue in the NYS Donate Life Registry, and to make that means
available to the department of motor vehicles, the board of elections,
online, and by a contractor administering the NYS Donate Life Registry.

Sections 3 and 4 make conforming changes to sections 490 and 502 of the
vehicle and traffic law to allow for those 16 and above to register
their consent to donate.

Section 5 of the bill provides the effective date

JUSTIFICATION:

Deciding to become an organ and tissue donor is a charitable and gener-
ous decision many young adults would like to make. However, New York is
one of only five states in the nation that requires an individual be 18
or older to enroll in an organ and tissue donor registry. This leaves
young people without a mechanism to document their consent to donate and
puts parents in the difficult situation of having to assume what their
teenage child would have wanted should a tragedy occur. This legislation
will allow New Yorkers aged 16 or older who wish to consent to donation
the ability to enroll in the New York State Donate Life Registry. Howev-
er, in the event that the young person may be considered for organ, eye
or tissue donation, the parents of that individual will be notified and
given the final authorization for donation to take place.

With this change in policy, New York will address an important proce-
dural barrier to enrollments in the New York State Donate Life Registry.
Most individuals go to the Department of Motor Vehicles (DMV) to apply
for their Junior Driver license when they are 16. However, DMV automatic
renewal process does not provide an opportunity to ask these drivers to
complete the organ and tissue donation section on their license applica-
tions until they are in their late twenties. Currently, 47 states have
either no restriction on the minimum age for an organ and tissue donor
registration or allow for enrollment at an age younger than 18. This
legislation will allow New York to join these states in granting 16 and
17 year olds the opportunity to express their consent to donate.

New York is in the midst of a public health crisis where the need for
organs for transplant far exceeds the supply. The state must do a better
job of promoting the New York State Donate Life Registry and raise it
out of 51st ranking among the 52 existing registries. While the state
has taken steps to increase donations, including allowing sign up
through the driver license process, more than 10,000 New Yorkers are on
the national transplant waiting list and in our state one person dies
every 15 hours because an organ did not become available to save their
life. Amazingly, one single organ donor can save the lives of 8 people
and a tissue donor can improve 50 lives by restoring eyesight, treating
burn patients and preventing the loss of mobility and disability.

This legislation will ensure that New York is doing all it can to
provide individuals with the opportunity to save lives by enrolling in
the New York State Donate Life Registry.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 180th day after enactment provided
that the amendments to the public health and vehicle and traffic law
shall not affect the expiration of the existing sections and shall
expire therewith.

S5313 - Bill Text download pdf

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

                                  5313

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

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

AN ACT to amend the public health law and the vehicle and  traffic  law,
  in relation to authorizing persons 16 years of age or older to make an
  anatomical gift

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

  Section 1. Subdivision 1 of section 4301 of the public health law,  as
amended  by  chapter  348  of  the  laws  of 2009, is amended to read as
follows:
  1. (A) Any individual of sound mind and eighteen years of age or  more
may give all or any part of his or her body for any purpose specified in
section forty-three hundred two of this article, the gift to take effect
upon  death.  In any case where the donor has properly executed an organ
donor card, driver's license authorization to make an  anatomical  gift,
pursuant  to  paragraph  (a)  of subdivision one of section five hundred
four of the vehicle and traffic law, registered in the  New  York  state
organ and tissue donor registry under section forty-three hundred ten of
this  article, or has otherwise given written authorization for organ or
tissue donation, authorization for donation shall not be rescinded by an
objection by a member of any of the classes specified in paragraphs  (a)
through  (h)  of  subdivision two of this section, except upon a showing
that the donor revoked the authorization.
  (B) ANY PERSON WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE AND  OF  SOUND
MIND  MAY GIVE ALL OR ANY PART OF HIS OR HER BODY FOR ANY PURPOSE SPECI-
FIED IN SECTION FORTY-THREE HUNDRED TWO OF THIS  ARTICLE,  THE  GIFT  TO
TAKE  EFFECT  UPON  DEATH.  IN  ANY  CASE  WHERE  THE DONOR HAS PROPERLY
EXECUTED AN ORGAN DONOR CARD, DRIVER'S LICENSE AUTHORIZATION TO MAKE  AN
ANATOMICAL GIFT, PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
FIVE HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW, OR HAS OTHERWISE GIVEN
WRITTEN  AUTHORIZATION FOR ORGAN OR TISSUE DONATION, NOTICE OF SUCH GIFT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10496-04-5

S. 5313                             2

SHALL BE PROVIDED TO THE DONOR'S PARENTS OR LEGAL GUARDIANS, AND AUTHOR-
IZATION FOR DONATION MAY BE RESCINDED OR AMENDED BY AN  OBJECTION  BY  A
PARENT  OR LEGAL GUARDIAN OF THE DONOR AT THE TIME OF DEATH AND PRIOR TO
THE  RECOVERY  OF ANY ORGAN OR TISSUE IF THE DONOR IS LESS THAN EIGHTEEN
YEARS OF AGE. AN ANATOMICAL GIFT MADE BY AN INDIVIDUAL MORE THAN SIXTEEN
YEARS OF AGE BUT LESS THAN EIGHTEEN SHALL OTHERWISE  NOT  BE  RESCINDED,
EXCEPT UPON A SHOWING THAT THE DONOR REVOKED THE AUTHORIZATION. UPON THE
DONOR REACHING THE AGE OF EIGHTEEN, THE DONOR'S CONSENT TO DONATE HIS OR
HER  ORGANS  OR TISSUE SHALL BE REGARDED AS CONSENT FOR AUTHORIZATION TO
MAKE AN ANATOMICAL GIFT.
  S 2. Paragraph (a) and subparagraph (ii) of paragraph (b) of  subdivi-
sion  5  of section 4310 of the public health law, as amended by section
27 of part A of chapter 60 of the laws of 2014, are amended to  read  as
follows:
  (a)  Such  organ,  eye  and  tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication  made  on  a
non-driver  identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) enrollment  through  the  donate
life registry website, (v) paper enrollment submitted to the donate life
registry, or (vi) through any other method identified by the commission-
er.    THE  DEPARTMENT  SHALL ESTABLISH A MEANS BY WHICH TO REGISTER THE
CONSENT GIVEN BY INDIVIDUALS WHO ARE SIXTEEN OR SEVENTEEN YEARS  OF  AGE
IN  THE  DONATE  LIFE REGISTRY, AND SHALL MAKE REGISTRATION AVAILABLE BY
ANY OF THE METHODS PROVIDED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V)
AND (VI) OF THIS PARAGRAPH.
  (ii) The commissioner shall not maintain records  of  any  person  who
checks "skip this question". Failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this  question" 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, EXCEPT AS OTHERWISE  PROVIDED  PURSUANT  TO
THE   PROVISIONS   OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION
FORTY-THREE HUNDRED ONE OF THIS ARTICLE.  Where an applicant has  previ-
ously  consented  to make an anatomical gift or registered in the donate
life registry, checking "skip this question" or failing to check  a  box
shall not impair that consent or registration.
  S  3. The third undesignated paragraph of subdivision 2 of section 490
of the vehicle and traffic law, as added by chapter 465 of the  laws  of
2012, is amended to read as follows:
  The  commissioner  of  [the  department  of] health shall not maintain
records of any person who checks "skip this question". Failure to  check
a  box  shall  not impair the validity of an application, and failure to
check "yes" or checking "skip this question" 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, EXCEPT AS
OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION ONE OF SECTION FORTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH  LAW.
Where  an  applicant has previously consented to make an anatomical gift
or registered in the donate life registry, checking "skip this question"
or failing to check a box shall not impair that consent or registration.

S. 5313                             3

  S 4. The third undesignated paragraph of subdivision 1 of section  502
of the vehicle and traffic law, as amended by chapter 465 of the laws of
2012, is amended to read as follows:
  The  commissioner  of  [the  department  of] health shall not maintain
records of any person who checks "skip this question". Failure to  check
a  box  shall  not impair the validity of an application, and failure to
check "yes" or checking "skip this question" 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, EXCEPT AS
OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION ONE OF SECTION FORTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH  LAW.
Where  an  applicant has previously consented to make an anatomical gift
or registered in the donate life registry, checking "skip this question"
or failing to check a box shall not impair that consent or registration.
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. 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 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the  amendments  to  paragraph
(a)  and  subparagraph (ii) of paragraph (b) of subdivision 5 of section
4310 of the public health law, made by section two of  this  act,  shall
not  affect  the expiration and reversion of such subdivision, and shall
expire therewith; provided, further that the  amendments  to  the  third
undesignated  paragraph  of  subdivision 2 of section 490 of the vehicle
and traffic law, made by section three of this act, shall not affect the
expiration and repeal of such paragraph, and shall  be  deemed  repealed
therewith; and provided, further that the amendments to the third undes-
ignated  paragraph  of  subdivision  1 of section 502 of the vehicle and
traffic law, made by section four of this  act,  shall  not  affect  the
expiration  of  the amendments to such subdivision by chapter 465 of the
laws of 2012, and shall expire therewith.

Co-Sponsors

S5313A (ACTIVE) - Details

See Assembly Version of this Bill:: A4990
Law Section:: Public Health Law
Laws Affected:: Amd §§4301 & 4310, Pub Health L; amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8860
2013-2014: A9203

S5313A (ACTIVE) - Summary

Authorizes persons 16 years of age or older to make an anatomical gift.

S5313A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5313A

 TITLE OF BILL :  An act to amend the public health law and the
vehicle and traffic law, in relation to authorizing persons 16 years
of age or older to make an anatomical gift

 PURPOSE :  To allow New Yorkers age 16 or older who wish to consent
to donate the ability to enroll in the New York State Donate Life
Registry, while preserving the parent's ability to give final
authorization should the under aged individual be considered for
organ, eye or tissue donation.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends subdivision 1 of section 4301 of the
public health law, as amended by chapter 348 of the laws of 2009, to
allow individuals who are sixteen or seventeen years old to register
their consent to donate their organs, eyes, and tissue in the NYS
Donate Life Registry. This section also authorizes a potential donor's
parents or legal guardian to rescind the donor's authorization for
donation at the time of death if it were to occur before the potential
donor turned eighteen.

Section 2 of the bill amends subdivision 5 of section 4310 of the law,
which directs the department to create a means by which sixteen and
seventeen year olds can register their consent to donate their organs,

eyes, and tissue in the NYS Donate Life Registry, and to make that
means available to the department of motor vehicles, the board of
elections, online, and by a contractor administering the NYS Donate
Life Registry.

Sections 3 and 4 make conforming changes to sections 490 and 502 of
the vehicle and traffic law to allow for those 16 and above to
register their consent to donate.

Section 5 of the bill provides the effective date

 JUSTIFICATION :  Deciding to become an organ and tissue donor is a
charitable and generous decision many young adults would like to make.
However, New York is one of only five states in the nation that
requires an individual be 18 or older to enroll in an organ and tissue
donor registry. This leaves young people without a mechanism to
document their consent to donate and puts parents in the difficult
situation of having to assume what their teenage child would have
wanted should a tragedy occur. This legislation will allow New Yorkers
aged 16 or older who wish to consent to donation the ability to enroll
in the New York State Donate Life Registry. However, in the event that
the young person may be considered for organ, eye or tissue donation,
the parents of that individual will be notified and given the final
authorization for donation to take place.

With this change in policy, New York will address an important
procedural barrier to enrollments in the New York State Donate Life
Registry. Most individuals go to the Department of Motor Vehicles
(DMV) to apply for their Junior Driver license when they are 16.
However, DMV automatic renewal process does not provide an opportunity
to ask these drivers to complete the. organ and tissue donation
section on their license applications until they are in their late
twenties. Currently, 47 states have either no restriction on the
minimum age for an organ and tissue donor registration or allow for
enrollment at an age younger than 18. This legislation will allow New
York to join these states in granting 16 and 17 year olds the
opportunity to express their consent to donate.

New York is in the midst of a public health crisis where the need for
organs for transplant far exceeds the supply. The state must do a
better job of promoting the New York State Donate Life Registry and
raise it out of 51st ranking among the 52 existing registries. While
the state has taken steps to increase donations, including allowing
sign up through the driver license process, more than 10,000 New
Yorkers are on the national transplant waiting list and in our state
one person dies every 15 hours because an organ did not become
available to save their life. Amazingly, one single organ donor can
save the lives of 8 people and a tissue donor can improve 50 lives by
restoring eyesight, treating burn patients and preventing the loss of
mobility and disability.

This legislation will ensure that New York is doing all it can to
provide individuals with the opportunity to save lives by enrolling in
the New York State Donate Life Registry.

 LEGISLATIVE HISTORY : New bill

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  This act shall take effect on the 180th day after
enactment provided that the amendments to the public health and
vehicle and traffic law shall not affect the expiration of the
existing sections and shall expire therewith.

S5313A (ACTIVE) - Bill Text download pdf

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

                                 5313--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by Sens. HANNON, FLANAGAN, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  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 authorizing persons 16 years of age or older to make an
  anatomical gift

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

  Section  1. Subdivision 1 of section 4301 of the public health law, as
amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  (A) Any individual of sound mind and eighteen years of age or more
may give all or any part of his or her body for any purpose specified in
section forty-three hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor  card,  driver's license authorization to make an anatomical gift,
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
four  of  the  vehicle and traffic law, registered in the New York state
organ and tissue donor registry under section forty-three hundred ten of
this article, or has otherwise given written authorization for organ  or
tissue donation, authorization for donation shall not be rescinded by an
objection  by a member of any of the classes specified in paragraphs (a)
through (h) of subdivision two of this section, except  upon  a  showing
that the donor revoked the authorization.
  (B)  ANY  PERSON WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE AND OF SOUND
MIND MAY GIVE ALL OR ANY PART OF HIS OR HER BODY FOR ANY PURPOSE  SPECI-
FIED  IN  SECTION  FORTY-THREE  HUNDRED TWO OF THIS ARTICLE, THE GIFT TO
TAKE EFFECT UPON DEATH.  IN  ANY  CASE  WHERE  THE  DONOR  HAS  PROPERLY
EXECUTED  AN ORGAN DONOR CARD, DRIVER'S LICENSE AUTHORIZATION TO MAKE AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10496-05-6

S. 5313--A                          2

ANATOMICAL GIFT, PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
FIVE HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW, OR HAS OTHERWISE GIVEN
WRITTEN AUTHORIZATION FOR ORGAN OR TISSUE DONATION, NOTICE OF SUCH  GIFT
SHALL BE PROVIDED TO THE DONOR'S PARENTS OR LEGAL GUARDIANS, AND AUTHOR-
IZATION  FOR  DONATION  MAY BE RESCINDED OR AMENDED BY AN OBJECTION BY A
PARENT OR LEGAL GUARDIAN OF THE DONOR AT THE TIME OF DEATH AND PRIOR  TO
THE  RECOVERY  OF ANY ORGAN OR TISSUE IF THE DONOR IS LESS THAN EIGHTEEN
YEARS OF AGE. AN ANATOMICAL GIFT MADE BY AN INDIVIDUAL MORE THAN SIXTEEN
YEARS OF AGE BUT LESS THAN EIGHTEEN SHALL OTHERWISE  NOT  BE  RESCINDED,
EXCEPT UPON A SHOWING THAT THE DONOR REVOKED THE AUTHORIZATION. UPON THE
DONOR REACHING THE AGE OF EIGHTEEN, THE DONOR'S CONSENT TO DONATE HIS OR
HER  ORGANS  OR TISSUE SHALL BE REGARDED AS CONSENT FOR AUTHORIZATION TO
MAKE AN ANATOMICAL GIFT.
  S 2. Paragraph (a) and subparagraph (ii) of paragraph (b) of  subdivi-
sion  5  of  section  4310  of  the  public health law, paragraph (a) as
amended by section 27 of part A of chapter 60 of the laws  of  2014  and
subparagraph (ii) of paragraph (b) as amended by chapter 405 of the laws
of 2015, are amended to read as follows:
  (a)  Such  organ,  eye  and  tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication  made  on  a
non-driver  identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) enrollment  through  the  donate
life registry website, (v) paper enrollment submitted to the donate life
registry, or (vi) through any other method identified by the commission-
er.    THE  DEPARTMENT  SHALL ESTABLISH A MEANS BY WHICH TO REGISTER THE
CONSENT GIVEN BY INDIVIDUALS WHO ARE SIXTEEN OR SEVENTEEN YEARS  OF  AGE
IN  THE  DONATE  LIFE REGISTRY, AND SHALL MAKE REGISTRATION AVAILABLE BY
ANY OF THE METHODS PROVIDED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V)
AND (VI) OF THIS PARAGRAPH.
  (ii) The commissioner shall not maintain records  of  any  person  who
checks  "skip  this  question".  Except where the application is made in
person or electronically, failure to check a box shall  not  impair  the
validity of an application, and failure to check "yes" or checking "skip
this  question" 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, EXCEPT AS OTHERWISE  PROVIDED  PURSUANT  TO
THE   PROVISIONS   OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION
FORTY-THREE HUNDRED ONE OF THIS ARTICLE.  Where an applicant has  previ-
ously  consented  to make an anatomical gift or registered in the donate
life registry, checking "skip this question" or failing to check  a  box
shall not impair that consent or registration.
  S  3. The third undesignated paragraph of subdivision 2 of section 490
of the vehicle and traffic law, as amended by chapter 405 of the laws of
2015, is amended to read as follows:
  The commissioner of health shall not maintain records  of  any  person
who checks "skip this question". Except where the application is made in
person  or  electronically,  failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" 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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE   OF   SECTION

S. 5313--A                          3

FORTY-THREE  HUNDRED  ONE  OF THE PUBLIC HEALTH LAW.  Where an applicant
has previously consented to make an anatomical gift or registered in the
donate life registry, checking "skip this question" or failing to  check
a box shall not impair that consent or registration.
  S  4. The third undesignated paragraph of subdivision 1 of section 502
of the vehicle and traffic law, as amended by chapter 405 of the laws of
2015, is amended to read as follows:
  The commissioner of health shall not maintain records  of  any  person
who checks "skip this question". Except where the application is made in
person  or  electronically,  failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" 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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE   OF   SECTION
FORTY-THREE  HUNDRED  ONE  OF THE PUBLIC HEALTH LAW.  Where an applicant
has previously consented to make an anatomical gift or registered in the
donate life registry, checking "skip this question" or failing to  check
a  box  shall  not  impair that consent or registration. In addition, an
applicant for a commercial driver's license who will operate  a  commer-
cial motor vehicle in interstate commerce shall certify that such appli-
cant  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  trans-
portation  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 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the  amendments  to  paragraph
(a)  and  subparagraph (ii) of paragraph (b) of subdivision 5 of section
4310 of the public health law, made by section two of  this  act,  shall
not  affect  the expiration and reversion of such subdivision, and shall
expire therewith; provided, further that the  amendments  to  the  third
undesignated  paragraph  of  subdivision 2 of section 490 of the vehicle
and traffic law, made by section three of this act, shall not affect the
expiration and repeal of such paragraph, and shall  be  deemed  repealed
therewith; and provided, further that the amendments to the third undes-
ignated  paragraph  of  subdivision  1 of section 502 of the vehicle and
traffic law, made by section four of this  act,  shall  not  affect  the
expiration  of  the amendments to such subdivision by chapter 465 of the
laws of 2012, and shall expire therewith.

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The New York State Senate

senate Bill S5313A

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Jan 12, 2016 - Health committee Vote

Health Committee Vote: Jan 12, 2016

Jun 24, 2015 - floor Vote

Floor Vote: Jun 24, 2015

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S5313 - Details

S5313 - Summary

S5313 - Sponsor Memo

S5313 - Bill Text download pdf

Co-Sponsors

S5313A (ACTIVE) - Details

S5313A (ACTIVE) - Summary

S5313A (ACTIVE) - Sponsor Memo

S5313A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5313A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Jan 12, 2016 - Health committee Vote

Health Committee Vote: Jan 12, 2016

Jun 24, 2015 - floor Vote

Floor Vote: Jun 24, 2015

May 19, 2015 - Health committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S5313 - Details

S5313 - Summary

S5313 - Sponsor Memo

S5313 - Bill Text download pdf

Co-Sponsors

S5313A (ACTIVE) - Details

S5313A (ACTIVE) - Summary

S5313A (ACTIVE) - Sponsor Memo

S5313A (ACTIVE) - Bill Text download pdf

Comments