A04990 Summary:

BILL NOA04990B
 
SAME ASSAME AS S05313-A
 
SPONSOROrtiz
 
COSPNSRPalmesano, Skoufis, Galef, Fahy, Jaffee, Lupinacci, Goodell, Gottfried, Dinowitz, Buchwald, Steck, Mayer, Mosley, McDonald, Colton, Rosenthal, Zebrowski, Thiele, Titone, Benedetto, Russell, Quart, Cahill, Blake, Sepulveda, Stirpe, Paulin, Schimel, Walker, Cook, Hevesi, Farrell, Otis, Kolb, Blankenbush, Raia, Woerner, Peoples-Stokes, Duprey, Barclay, Hooper
 
MLTSPNSRAbbate, Ceretto, Crespo, Englebright, Oaks, Ra, Ramos, Schimminger, Simon, Skartados, Tenney
 
Amd 4301 & 4310, Pub Health L; amd 490 & 502, V & T L
 
Authorizes persons 16 years of age or older to make an anatomical gift.
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A04990 Actions:

BILL NOA04990B
 
02/10/2015referred to health
03/24/2015reported referred to codes
05/14/2015amend (t) and recommit to codes
05/14/2015print number 4990a
06/08/2015reported referred to rules
01/06/2016referred to health
01/12/2016amend and recommit to health
01/12/2016print number 4990b
01/26/2016reported referred to codes
06/06/2016reported referred to rules
06/08/2016reported
06/08/2016rules report cal.155
06/08/2016ordered to third reading rules cal.155
06/09/2016substituted by s5313a
 S05313 AMEND=A HANNON
 05/13/2015REFERRED TO HEALTH
 05/19/20151ST REPORT CAL.826
 05/20/20152ND REPORT CAL.
 05/27/2015ADVANCED TO THIRD READING
 06/24/2015PASSED SENATE
 06/24/2015DELIVERED TO ASSEMBLY
 06/24/2015referred to codes
 01/06/2016died in assembly
 01/06/2016returned to senate
 01/06/2016REFERRED TO HEALTH
 01/07/2016AMEND AND RECOMMIT TO HEALTH
 01/07/2016PRINT NUMBER 5313A
 01/12/20161ST REPORT CAL.43
 01/20/20162ND REPORT CAL.
 01/21/2016ADVANCED TO THIRD READING
 04/11/2016PASSED SENATE
 04/11/2016DELIVERED TO ASSEMBLY
 04/11/2016referred to codes
 06/09/2016substituted for a4990b
 06/09/2016ordered to third reading rules cal.155
 06/09/2016passed assembly
 06/09/2016returned to senate
 08/08/2016DELIVERED TO GOVERNOR
 08/18/2016SIGNED CHAP.248
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A04990 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4990B
 
SPONSOR: Ortiz (MS)
  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 automat- ic 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: 2015: A4990-A Reported; referred to Rules 2014: A9203-A Died in Codes   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.
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A04990 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4990--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2015
                                       ___________
 
        Introduced  by  M.  of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF, FAHY,
          JAFFEE, LUPINACCI, GOODELL, GOTTFRIED -- Multi-Sponsored by --  M.  of
          A.  OAKS,  TENNEY -- read once and referred to the Committee on Health
          -- reported and referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Health in accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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:
 
     1    Section  1. Subdivision 1 of section 4301 of the public health law, as
     2  amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
     3  follows:
     4    1.  (a) Any individual of sound mind and eighteen years of age or more
     5  may give all or any part of his or her body for any purpose specified in
     6  section forty-three hundred two of this article, the gift to take effect
     7  upon death. In any case where the donor has properly executed  an  organ
     8  donor  card,  driver's license authorization to make an anatomical gift,
     9  pursuant to paragraph (a) of subdivision one  of  section  five  hundred
    10  four  of  the  vehicle and traffic law, registered in the New York state
    11  organ and tissue donor registry under section forty-three hundred ten of
    12  this article, or has otherwise given written authorization for organ  or
    13  tissue donation, authorization for donation shall not be rescinded by an
    14  objection  by a member of any of the classes specified in paragraphs (a)
    15  through (h) of subdivision two of this section, except  upon  a  showing
    16  that the donor revoked the authorization.
    17    (b)  Any  person who is sixteen or seventeen years of age and of sound
    18  mind may give all or any part of his or her body for any purpose  speci-
    19  fied  in  section  forty-three  hundred two of this article, the gift to
    20  take effect upon death.  In  any  case  where  the  donor  has  properly
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03736-03-6

        A. 4990--B                          2
 
     1  executed  an organ donor card, driver's license authorization to make an
     2  anatomical gift, pursuant to paragraph (a) of subdivision one of section
     3  five hundred four of the vehicle and traffic law, or has otherwise given
     4  written  authorization for organ or tissue donation, notice of such gift
     5  shall be provided to the donor's parents or legal guardians, and author-
     6  ization for donation may be rescinded or amended by an  objection  by  a
     7  parent  or legal guardian of the donor at the time of death and prior to
     8  the recovery of any organ or tissue if the donor is less  than  eighteen
     9  years of age. An anatomical gift made by an individual more than sixteen
    10  years  of  age  but less than eighteen shall otherwise not be rescinded,
    11  except upon a showing that the donor revoked the authorization. Upon the
    12  donor reaching the age of eighteen, the donor's consent to donate his or
    13  her organs or tissue shall be regarded as consent for  authorization  to
    14  make an anatomical gift.
    15    §  2. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
    16  sion 5 of section 4310 of  the  public  health  law,  paragraph  (a)  as
    17  amended  by  section  27 of part A of chapter 60 of the laws of 2014 and
    18  subparagraph (ii) of paragraph (b) as amended by chapter 405 of the laws
    19  of 2015, are amended to read as follows:
    20    (a) Such organ, eye and tissue registration  of  consent  to  make  an
    21  anatomical gift can be made through: (i) indication made on the applica-
    22  tion  or  renewal  form of a driver's license, (ii) indication made on a
    23  non-driver identification card application or renewal form, (iii)  indi-
    24  cation made on a voter registration form pursuant to subdivision five of
    25  section  5-210  of  the election law, (iv) enrollment through the donate
    26  life registry website, (v) paper enrollment submitted to the donate life
    27  registry, or (vi) through any other method identified by the commission-
    28  er.  The department shall establish a means by  which  to  register  the
    29  consent  given  by individuals who are sixteen or seventeen years of age
    30  in the donate life registry, and shall make  registration  available  by
    31  any of the methods provided in subparagraphs (i), (ii), (iii), (iv), (v)
    32  and (vi) of this paragraph.
    33    (ii)  The  commissioner  shall  not maintain records of any person who
    34  checks "skip this question". Except where the  application  is  made  in
    35  person  or  electronically,  failure to check a box shall not impair the
    36  validity of an application, and failure to check "yes" or checking "skip
    37  this question" shall not be construed to imply a wish not to donate.  In
    38  the  case  of  an  applicant under eighteen years of age, checking "yes"
    39  shall not constitute consent to make an anatomical gift or  registration
    40  in  the  donate  life registry, except as otherwise provided pursuant to
    41  the provisions of paragraph (b) of subdivision  one  of  section  forty-
    42  three  hundred  one  of this article.  Where an applicant has previously
    43  consented to make an anatomical gift or registered in  the  donate  life
    44  registry,  checking "skip this question" or failing to check a box shall
    45  not impair that consent or registration.
    46    § 3. The third undesignated paragraph of subdivision 2 of section  490
    47  of the vehicle and traffic law, as amended by chapter 405 of the laws of
    48  2015, is amended to read as follows:
    49    The  commissioner  of  health shall not maintain records of any person
    50  who checks "skip this question". Except where the application is made in
    51  person or electronically, failure to check a box shall  not  impair  the
    52  validity of an application, and failure to check "yes" or checking "skip
    53  this  question" shall not be construed to imply a wish not to donate. In
    54  the case of an applicant under eighteen years  of  age,  checking  "yes"
    55  shall  not constitute consent to make an anatomical gift or registration
    56  in the donate life registry, except as otherwise  provided  pursuant  to

        A. 4990--B                          3
 
     1  the  provisions  of  paragraph  (b) of subdivision one of section forty-
     2  three hundred one of the public health law.    Where  an  applicant  has
     3  previously  consented  to  make  an anatomical gift or registered in the
     4  donate  life registry, checking "skip this question" or failing to check
     5  a box shall not impair that consent or registration.
     6    § 4. The third undesignated paragraph of subdivision 1 of section  502
     7  of the vehicle and traffic law, as amended by chapter 405 of the laws of
     8  2015, is amended to read as follows:
     9    The  commissioner  of  health shall not maintain records of any person
    10  who checks "skip this question". Except where the application is made in
    11  person or electronically, failure to check a box shall  not  impair  the
    12  validity of an application, and failure to check "yes" or checking "skip
    13  this  question" shall not be construed to imply a wish not to donate. In
    14  the case of an applicant under eighteen years  of  age,  checking  "yes"
    15  shall  not constitute consent to make an anatomical gift or registration
    16  in the donate life registry, except as otherwise  provided  pursuant  to
    17  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    18  three hundred one of the public health law.    Where  an  applicant  has
    19  previously  consented  to  make  an anatomical gift or registered in the
    20  donate life registry, checking "skip this question" or failing to  check
    21  a  box  shall  not  impair that consent or registration. In addition, an
    22  applicant for a commercial driver's license who will operate  a  commer-
    23  cial motor vehicle in interstate commerce shall certify that such appli-
    24  cant  meets  the  requirements to operate a commercial motor vehicle, as
    25  set forth in public law 99-570, title XII, and title 49 of the  code  of
    26  federal  regulations,  and  all  regulations  promulgated  by the United
    27  States secretary of transportation under the hazardous materials  trans-
    28  portation  act.  In  addition,  an  applicant  for a commercial driver's
    29  license shall submit a medical certificate at such intervals as required
    30  by the federal motor carrier safety improvement act  of  1999  and  Part
    31  383.71(h)  of  title  49  of the code of federal regulations relating to
    32  medical certification and in a manner prescribed  by  the  commissioner.
    33  For  purposes  of  this  section  and  sections five hundred three, five
    34  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    35  certificate" and "medical certification" shall mean a form substantially
    36  in compliance with the form set forth in Part 391.43(h) of title  49  of
    37  the code of federal regulations. Upon a determination that the holder of
    38  a commercial driver's license has made any false statement, with respect
    39  to  the application for such license, the commissioner shall revoke such
    40  license.
    41    § 5. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law; provided that the  amendments  to  paragraph
    43  (a)  and  subparagraph (ii) of paragraph (b) of subdivision 5 of section
    44  4310 of the public health law, made by section two of  this  act,  shall
    45  not  affect  the expiration and reversion of such subdivision, and shall
    46  expire therewith; provided, further that the  amendments  to  the  third
    47  undesignated  paragraph  of  subdivision 2 of section 490 of the vehicle
    48  and traffic law, made by section three of this act, shall not affect the
    49  expiration and repeal of such paragraph, and shall  be  deemed  repealed
    50  therewith; and provided, further that the amendments to the third undes-
    51  ignated  paragraph  of  subdivision  1 of section 502 of the vehicle and
    52  traffic law, made by section four of this  act,  shall  not  affect  the
    53  expiration  of  the amendments to such subdivision by chapter 465 of the
    54  laws of 2012, and shall expire therewith.
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