Bill Text: NY S03746 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 3746 (Prior Session Legislation)

Introduced

Bill Title: Enacts "Lauren's law"; provides that individuals must opt out of organ donation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-02 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03746 Detail]

Download: New_York-2011-S03746-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3746
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 3, 2011
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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 and the public  health  law,
         in relation to organ donation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "Lauren's law".
    3    S  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    4  amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
    5  follows:
    6    1.  Application for license.  Application for a driver's license shall
    7  be made to the commissioner.  The fee prescribed by law may be submitted
    8  with such application. The applicant shall furnish such proof of identi-
    9  ty, age, and fitness as may be required by the commissioner. The commis-
   10  sioner may also provide that the application procedure shall include the
   11  taking of a photo image or images of the applicant  in  accordance  with
   12  rules  and  regulations prescribed by the commissioner. In addition, the
   13  commissioner also shall require that the applicant provide  his  or  her
   14  social  security number and provide space on the application so that the
   15  applicant may [register in] OPT-OUT OF the  New  York  state  organ  and
   16  tissue  donor  registry  under  section  forty-three  hundred ten of the
   17  public health law. IF THE APPLICANT DOES NOT DECLINE TO BE REGISTERED IN
   18  THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY THEY WILL BE AUTOMAT-
   19  ICALLY ENROLLED. In addition, an applicant  for  a  commercial  driver's
   20  license  who  will  operate  a  commercial  motor  vehicle in interstate
   21  commerce shall certify that such applicant  meets  the  requirements  to
   22  operate  a  commercial motor vehicle, as set forth in public law 99-570,
   23  title XII, and title 49 of the code  of  federal  regulations,  and  all
   24  regulations promulgated by the United States secretary of transportation
   25  under  the  hazardous materials transportation act. Upon a determination
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08323-03-1
       S. 3746                             2
    1  that the holder of a commercial driver's  license  has  made  any  false
    2  statement, with respect to the application for such license, the commis-
    3  sioner shall revoke such license.
    4    S  3.  Subdivision  1  of  section  4301  of the public health law, as
    5  amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
    6  follows:
    7    1.  Any individual of sound mind and eighteen years of age or more may
    8  give all or any part of his or her body for  any  purpose  specified  in
    9  section forty-three hundred two of this article, the gift to take effect
   10  upon  death.  In any case where the donor has properly executed an organ
   11  donor card, [driver's license authorization to make an anatomical gift,]
   12  HAS CHOSEN NOT TO OPT-OUT OF THE NEW YORK STATE ORGAN AND  TISSUE  DONOR
   13  REGISTRY  ON A DRIVER'S LICENSE APPLICATION pursuant to paragraph (a) of
   14  subdivision one of section five hundred four of the vehicle and  traffic
   15  law,  registered  in  the New York state organ and tissue donor registry
   16  under section forty-three hundred ten of this article, or has  otherwise
   17  given  written authorization for organ or tissue donation, authorization
   18  for donation shall not be rescinded by an objection by a member  of  any
   19  of  the  classes  specified in paragraphs (a) through (h) of subdivision
   20  two of this section, except upon a showing that the  donor  revoked  the
   21  authorization.
   22    S 4. This act shall take effect immediately.