S T A T E O F N E W Y O R K
________________________________________________________________________
7103--A
Cal. No. 876
I N S E N A T E
April 27, 2012
___________
Introduced by Sens. CARLUCCI, GRISANTI, KLEIN, SAVINO, VALESKY -- 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 establishing Lauren's law; and providing for the repeal
of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"Lauren's law".
S 2. Subdivision 2 of section 4310 of the public health law, as
amended by chapter 161 of the laws of 2010, is amended to read as
follows:
2. Such registration of consent to make an anatomical gift can be made
through (a) indication made on the application or renewal form of a
license, (b) indication made on a non-driver identification card appli-
cation or renewal form, (c) enrolling in the registry website maintained
by the department, which may include using an electronic signature under
regulations of the commissioner and subject to article three of the
state technology law, (d) indication made on a voter registration form
pursuant to subdivision five of section 5-210 of the election law, or
(e) through any other method identified by the commissioner. WHERE
REQUIRED BY LAW FOR CONSENT FORMS DESCRIBED IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED
ON ANY CONSENT FORM SO THAT THE APPLICANT SHALL REGISTER OR DECLINE
REGISTRATION IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS
UNDER THIS SECTION AND THAT THE FOLLOWING IS STATED ON THE FORM IN CLEAR
AND CONSPICUOUS TYPE:
"YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13875-14-2
S. 7103--A 2
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, 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. The registration shall take effect upon
the [department sending] PROVISION OF written OR ELECTRONIC notice of
the registration to the person enrolling in the registry. In making
regulations on using an electronic signature for a registration of
consent, the commissioner shall consult with the director of the office
[of] FOR technology.
S 3. Subdivision 5 of section 4303 of the public health law, as added
by chapter 466 of the laws of 1970, is amended to read as follows:
5. Any gift by a person designated in subdivision two of section four
thousand three hundred one of this article shall be by a document signed
by him OR HER or made by his OR HER telegraphic, recorded telephonic, or
other recorded message. WHERE A GIFT IS MADE UNDER THIS SUBDIVISION,
EITHER: (A) THE DONOR SHALL INDICATE IN THE DOCUMENT OR MESSAGE THAT HE
OR SHE HAS NO ACTUAL NOTICE OF CONTRARY INDICATIONS BY THE DECEDENT AND
NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT IS CONTRARY TO THE
DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN AGENT OF THE FEDERALLY
DESIGNATED ORGAN PROCUREMENT ORGANIZATION OR OF THE DONEE SHALL MAKE
REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHERWISE DETERMINE THAT
THE DONOR HAS NO ACTUAL NOTICE OF CONTRARY INDICATIONS BY THE DECEDENT
AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT IS CONTRARY TO THE
DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
S 4. Subdivision 2 of section 490 of the vehicle and traffic law, as
amended by chapter 575 of the laws of 2006, is amended to read as
follows:
2. Application. Any person to whom a driver's license or learner's
permit has not been issued by the commissioner, or whose driver's
license or learner's permit is expired, suspended, revoked or surren-
dered, may make application to the commissioner for the issuance of an
identification card. THE COMMISSIONER SHALL ENSURE THAT SPACE IS
PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL REGISTER OR
DECLINE REGISTRATION IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE
DONATIONS PURSUANT TO SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC
HEALTH LAW AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN CLEAR
AND CONSPICUOUS TYPE:
"YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
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.
S. 7103--A 3
S 5. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 1 of part D of chapter 58 of the laws of 2012, is
amended to read as follows:
1. Application for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide his or her
social security number and SHALL provide space on the application so
that the applicant may register in the New York state organ and tissue
donor registry under section forty-three hundred ten of the public
health law[.] WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
"YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
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 6. This act shall take effect one year after it shall have become a
law; provided that the commissioners of health and motor vehicles may
implement sections two, four and five of this act within their respec-
tive jurisdictions before that date; and provided, further, that the
provisions of this act shall expire and be deemed repealed three years
after such effective date.