The New York State Senate

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

                                 438--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A.  GUNTHER, TITONE, BENEDETTO, SKOUFIS, MOSLEY,
  HYNDMAN, WALKER, GALEF, PAULIN, SEPULVEDA, STECK, STIRPE, BLAKE, ORTIZ
  -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, HUNTER,  LOPEZ,  SCHIM-
  MINGER -- read once and referred to the Committee on Transportation --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  designating
  human organ delivery vehicles as authorized emergency vehicles

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

  Section 1. Section 101 of the vehicle and traffic law, as  amended  by
chapter 446 of the laws of 2003, is amended to read as follows:
  §  101.  Authorized emergency vehicle. Every ambulance, police vehicle
or bicycle, correction vehicle, fire vehicle,  civil  defense  emergency
vehicle,  emergency  ambulance  service vehicle, blood delivery vehicle,
HUMAN ORGAN DELIVERY VEHICLE, county emergency medical services vehicle,
environmental emergency response  vehicle,  sanitation  patrol  vehicle,
hazardous  materials  emergency vehicle and ordnance disposal vehicle of
the armed forces of the United States.
  § 2. Section 114-b of the vehicle and traffic law, as amended by chap-
ter 460 of the laws of 1996, is amended to read as follows:
  § 114-b. Emergency operation. The operation, or parking, of an author-
ized emergency vehicle, when such vehicle is engaged in  transporting  a
sick  or  injured  person,  transporting  prisoners, delivering blood or
blood products in a situation involving an imminent health risk,  TRANS-
PORTING  HUMAN ORGANS, HUMAN TISSUE OR MEDICAL PERSONNEL FOR THE PURPOSE
OF ORGAN RECOVERY OR TRANSPLANTATION IN A SITUATION INVOLVING  AN  IMMI-
NENT  HEALTH  RISK, pursuing an actual or suspected violator of the law,
or responding to, or working or assisting at the scene of  an  accident,
disaster,  police  call,  alarm  of fire, actual or potential release of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03752-03-7

A. 438--A                           2

hazardous materials or other emergency.  Emergency operation  shall  not
include returning from such service.
  §  3.  The  vehicle and traffic law is amended by adding a new section
117-e to read as follows:
  § 117-E. HUMAN ORGAN DELIVERY VEHICLE. ANY VEHICLE WHICH  IS  OPERATED
BY  OR  ON  BEHALF  OF  AN ORGAN PROCUREMENT ORGANIZATION, AS DEFINED IN
SUBDIVISION FIVE OF SECTION FOUR THOUSAND THREE  HUNDRED  SIXTY  OF  THE
PUBLIC  HEALTH  LAW,  FOR THE SOLE PURPOSE OF TRANSPORTING HUMAN ORGANS,
HUMAN TISSUE, OR MEDICAL PERSONNEL FOR THE PURPOSE OF ORGAN RECOVERY  OR
TRANSPLANTATION  ON AN EMERGENCY BASIS.  NO HUMAN ORGAN DELIVERY VEHICLE
SHALL BE OPERATED AS AN AUTHORIZED EMERGENCY VEHICLE ENGAGED IN AN EMER-
GENCY OPERATION UNLESS THE DRIVER OF SUCH VEHICLE HAS  UNDERGONE  APPRO-
PRIATE  TRAINING  FOR  THE  OPERATION  OF  AUTHORIZED EMERGENCY VEHICLES
DURING EMERGENCY OPERATIONS.
  § 4. This act shall take effect immediately.