NY State Senate Bill 2015-S5101A

Senate Bill S5101A

Signed By Governor

2015-2016 Legislative Session

Provides for the effect of skipping a question on a registration of consent to make an anatomical gift

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	signed chap.405
Oct 14, 2015	delivered to governor
Jun 18, 2015	returned to senate passed assembly ordered to third reading rules cal.669 substituted for a7431a referred to codes delivered to assembly passed senate
Jun 10, 2015	amended on third reading 5101a
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.824
Apr 30, 2015	referred to health

Votes

- Jun 18, 2015 - Floor Vote
  S5101A
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Felder
      
      Perkins
  May 19, 2015 - Health Committee Vote
  S5101A
  
  15
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 19, 2015
      
      aye (15)
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Panepinto
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (1)
      
      Felder
      
      aye wr (1)
      
      Golden

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S5101 - Details

See Assembly Version of this Bill:: A7431
Law Section:: Public Health Law
Laws Affected:: Amd §4310, Pub Health L; amd §§490 & 502, V & T L

2015-S5101 - Summary

Provides for the effect of skipping a question on a registration of consent to make an anatomical gift.

2015-S5101 - Sponsor Memo

                                BILL NUMBER:S5101                  Revised 05/01/15

TITLE OF BILL:

An act to amend the public health law and the vehicle and traffic law,
in relation to registration of consent to make an anatomical gift

PURPOSE:

To ensure that when people are applying for a New York State drivers
license they complete the section of the application relating to
making an anatomical gift which requires them to check either "yes" or
"skip this question".

SUMMARY OF PROVISIONS:

Section 1 amends section 4310 of the Public Health Law to remove
language which allows an application for a driver's license to be
processed even if neither the "yes" or "skip this question" box is
checked in the section relating to signing up as a organ donor.

Sections 2 and 3 make the same amendments to sections of the vehicle
and traffic law.

Section 4 - Effective date

JUSTIFICATION:

In 2012, Lauren's Law, named after a young girl whose life was saved
by a heart transplant, was created with the intent to require driver
license applicants to actively choose whether they would like to
become a registered organ, eye and tissue donor on the New York State
Donate Life Registry. However, because the statute did not invalidate
an application that left the organ and tissue donation section blank,
it has not resulted in as much of a change in the administrative
processes at the Department of Motor Vehicles as had been hoped. This
legislation would fulfill the intent of Lauren's Law and prevent any
driver license, renewal or non-driver identification application from
being processed without the organ donation section being completed.
This section of the Department of Motor Vehicle documentation raises
awareness about signing up as an organ donor and allows an applicant
to check "yes" and become a donor or check "skip this question". By
allowing people to skip the whole section and not check a box, New
York is missing an important opportunity to educate the public about
the option available to donate their organs and give the gift of life
by enrolling as a donor on the New York State Donate Life Registry.

New York is in the midst of a public health crisis where the need for
organs for transplant far exceeds the supply and the state must do a
better job of promoting the organ and tissue donor registry and raise
our ranks nationally. 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 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, treat burn patients and prevent 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 immediately 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.

2015-S5101 - Bill Text download pdf

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

                                  5101

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 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 registration of consent 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. Subparagraph (ii) of paragraph  (b)  of  subdivision  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, is amended to read as follows:
  (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,  check-
ing  "yes"  shall  not  constitute consent to make an anatomical gift or
registration in the donate life registry. 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  2. 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.  Where  an
applicant  has previously consented to make an anatomical gift or regis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10818-01-5

S. 5101                             2

tered 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 1 of section 502
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.  Where  an
applicant  has previously consented to make an anatomical gift or regis-
tered 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 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  4. This act shall take effect immediately; provided that the amend-
ments to subdivision (ii) of paragraph (b) of subdivision 5  of  section
4310  of  the  public health law, made by section one of this act, shall
not affect the expiration of the amendments to such subdivision by chap-
ter 465 of the laws of  2012,  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  two  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 undesignated paragraph of
subdivision 1 of section 502 of the vehicle and  traffic  law,  made  by
section three of this act, shall not affect the expiration of the amend-
ments  to such subdivision by chapter 465 of the laws of 2012, and shall
expire therewith.

co-Sponsors

2015-S5101A (ACTIVE) - Details

See Assembly Version of this Bill:: A7431
Law Section:: Public Health Law
Laws Affected:: Amd §4310, Pub Health L; amd §§490 & 502, V & T L

2015-S5101A (ACTIVE) - Summary

Provides for the effect of skipping a question on a registration of consent to make an anatomical gift.

2015-S5101A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5101A

TITLE OF BILL:

An act to amend the public health law and the vehicle and traffic law,
in relation to registration of consent to make an anatomical gift

PURPOSE:

To ensure that when people are applying for a New York State drivers
license they complete the section of the application relating to
making an anatomical gift which requires them to check either "yes" or
"skip this question".

SUMMARY OF PROVISIONS:

Section 1 amends section 4310 of the Public Health Law to remove
language which allows an application for a driver's license to be
processed even if neither the "yes" or "skip this question" box is
checked in the section relating to signing up as a organ donor, when
the application is made in person or electronically

Sections 2 and 3 make the same amendments to sections of the vehicle
and traffic law.

Section 4 - Effective date.

JUSTIFICATION:

In 2012, Lauren's Law, named after a young girl whose life was saved
by a heart transplant, was created with the intent to require driver
license applicants to actively choose whether they would like to
become a registered organ, eye and tissue donor on the New York State
Donate Life Registry. However, because the statute did not invalidate
an application that left the organ and tissue donation section blank,
it has not resulted in as much of a change in the administrative
processes at the Department of Motor Vehicles as had been hoped. This
legislation would fulfill the intent of Lauren's Law and prevent any
driver license, renewal or non-driver identification application from
being processed without the organ donation section being completed.
This section of the Department of Motor Vehicle documentation raises
awareness about signing up as an organ donor and allows an applicant
to check "yes" and become a donor or check "skip this question". By
allowing people to skip the whole section and not check a box, New
York is missing an important opportunity to educate the public about
the option available to donate their organs and give the gift of life
by enrolling as a donor on the New York State Donate Life Registry.

New York is in the midst of a public health crisis where the need for
organs for transplant far exceeds the supply and the state must do a
better job of promoting the organ and tissue donor registry and raise
our ranks nationally. 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 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, treat burn patients and prevent 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 immediately 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.

2015-S5101A (ACTIVE) - Bill Text download pdf

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

                                 5101--A
    Cal. No. 824

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

Introduced  by  Sens.  HANNON, CARLUCCI, GALLIVAN, LATIMER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Health -- reported favorably from said committee, ordered to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law and the vehicle and  traffic  law,
  in relation to registration of consent 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. Subparagraph (ii) of paragraph  (b)  of  subdivision  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, is amended to read as follows:
  (ii) The commissioner shall not maintain records  of  any  person  who
checks  "skip  this question". [Failure] 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.  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  2. 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]  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

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

                                                           LBD10818-03-5

S. 5101--A                          2

to  imply  a wish not to donate. In the case of an applicant under eigh-
teen 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  "skip  this  question"  or
failing to check a box shall not impair that consent or registration.
  S  3. The third undesignated paragraph of subdivision 1 of section 502
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]  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 eigh-
teen 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  "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 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  4. This act shall take effect immediately; provided that the amend-
ments to subdivision (ii) of paragraph (b) of subdivision 5  of  section
4310  of  the  public health law, made by section one of this act, shall
not affect the expiration of the amendments to such subdivision by chap-
ter 465 of the laws of  2012,  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  two  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 undesignated paragraph of
subdivision 1 of section 502 of the vehicle and  traffic  law,  made  by
section three of this act, shall not affect the expiration of the amend-
ments  to such subdivision by chapter 465 of the laws of 2012, and shall
expire therewith.

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Senate Bill S5101A

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

David Carlucci

Patrick M. Gallivan

George Latimer

2015-S5101 - Details

2015-S5101 - Summary

2015-S5101 - Sponsor Memo

2015-S5101 - Bill Text download pdf

co-Sponsors

David Carlucci

Patrick M. Gallivan

George Latimer

2015-S5101A (ACTIVE) - Details

2015-S5101A (ACTIVE) - Summary

2015-S5101A (ACTIVE) - Sponsor Memo

2015-S5101A (ACTIVE) - Bill Text download pdf

Comments