S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5670
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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 OR TRANSPORTING HUMAN ORGANS,  HUMAN  TISSUE  OR  MEDICAL
 PERSONNEL  FOR  THE  PURPOSE  OF ORGAN RECOVERY OR TRANSPLANTATION, in a
 situation involving an imminent  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, actu-
 al  or  potential  release  of  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,
 AUTHORIZED OR CONTRACTED BY OR ON BEHALF OF AN ORGAN PROCUREMENT  ORGAN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07897-01-9

 S. 5670                             2
 
 IZATION,  AS  DEFINED IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND THREE
 HUNDRED SIXTY OF THE PUBLIC HEALTH LAW, FOR THE SOLE PURPOSE  OF  TRANS-
 PORTING HUMAN ORGANS, HUMAN TISSUE, OR MEDICAL PERSONNEL FOR THE PURPOSE
 OF ORGAN RECOVERY OR TRANSPLANTATION ON AN EMERGENCY BASIS.  THE VEHICLE
 MUST  BE  DEDICATED  TO  SERVE  AS AND BE CLEARLY IDENTIFIED AS AN ORGAN
 TRANSPORT VEHICLE, AND OPERATORS MUST RECEIVE WRITTEN AUTHORIZATION FROM
 THE DEPARTMENT OF HEALTH PRIOR TO OPERATION OF A VEHICLE IN SUCH CAPACI-
 TY.  NO HUMAN ORGAN DELIVERY VEHICLE SHALL BE OPERATED AS AN  AUTHORIZED
 EMERGENCY VEHICLE ENGAGED IN AN EMERGENCY OPERATION UNLESS THE DRIVER OF
 SUCH  VEHICLE  HAS  UNDERGONE  APPROPRIATE  TRAINING, AS APPROVED BY THE
 DEPARTMENT OF HEALTH, FOR THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES
 DURING EMERGENCY OPERATIONS AND A DEFENSIVE DRIVING COURSE.  NOTHING  IN
 THIS  SECTION SHALL PRECLUDE THOSE PERSONS OTHERWISE APPROVED TO OPERATE
 ANY OTHER AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED
 ONE OF THIS ARTICLE FROM OPERATING SUCH VEHICLE AS A HUMAN ORGAN  DELIV-
 ERY VEHICLE.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.