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

                                 5313--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by Sens. HANNON, FLANAGAN, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1. Subdivision 1 of section 4301 of the public health law, as
amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  (A) Any individual of sound mind and eighteen years of age or more
may give all or any part of his or her body for any purpose specified in
section forty-three hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor  card,  driver's license authorization to make an anatomical gift,
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
four  of  the  vehicle and traffic law, registered in the New York state
organ and tissue donor registry under section forty-three hundred ten of
this article, or has otherwise given written authorization for organ  or
tissue donation, authorization for donation shall not be rescinded by an
objection  by a member of any of the classes specified in paragraphs (a)
through (h) of subdivision two of this section, except  upon  a  showing
that the donor revoked the authorization.
  (B)  ANY  PERSON WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE AND OF SOUND
MIND MAY GIVE ALL OR ANY PART OF HIS OR HER BODY FOR ANY PURPOSE  SPECI-
FIED  IN  SECTION  FORTY-THREE  HUNDRED TWO OF THIS ARTICLE, THE GIFT TO
TAKE EFFECT UPON DEATH.  IN  ANY  CASE  WHERE  THE  DONOR  HAS  PROPERLY
EXECUTED  AN ORGAN DONOR CARD, DRIVER'S LICENSE AUTHORIZATION TO MAKE AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10496-05-6
              

S. 5313--A                          2

ANATOMICAL GIFT, PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
FIVE HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW, OR HAS OTHERWISE GIVEN
WRITTEN AUTHORIZATION FOR ORGAN OR TISSUE DONATION, NOTICE OF SUCH  GIFT
SHALL BE PROVIDED TO THE DONOR'S PARENTS OR LEGAL GUARDIANS, AND AUTHOR-
IZATION  FOR  DONATION  MAY BE RESCINDED OR AMENDED BY AN OBJECTION BY A
PARENT OR LEGAL GUARDIAN OF THE DONOR AT THE TIME OF DEATH AND PRIOR  TO
THE  RECOVERY  OF ANY ORGAN OR TISSUE IF THE DONOR IS LESS THAN EIGHTEEN
YEARS OF AGE. AN ANATOMICAL GIFT MADE BY AN INDIVIDUAL MORE THAN SIXTEEN
YEARS OF AGE BUT LESS THAN EIGHTEEN SHALL OTHERWISE  NOT  BE  RESCINDED,
EXCEPT UPON A SHOWING THAT THE DONOR REVOKED THE AUTHORIZATION. UPON THE
DONOR REACHING THE AGE OF EIGHTEEN, THE DONOR'S CONSENT TO DONATE HIS OR
HER  ORGANS  OR TISSUE SHALL BE REGARDED AS CONSENT FOR AUTHORIZATION TO
MAKE AN ANATOMICAL GIFT.
  S 2. Paragraph (a) and subparagraph (ii) of paragraph (b) of  subdivi-
sion  5  of  section  4310  of  the  public health law, paragraph (a) as
amended by section 27 of part A of chapter 60 of the laws  of  2014  and
subparagraph (ii) of paragraph (b) as amended by chapter 405 of the laws
of 2015, are amended to read as follows:
  (a)  Such  organ,  eye  and  tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication  made  on  a
non-driver  identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) enrollment  through  the  donate
life registry website, (v) paper enrollment submitted to the donate life
registry, or (vi) through any other method identified by the commission-
er.    THE  DEPARTMENT  SHALL ESTABLISH A MEANS BY WHICH TO REGISTER THE
CONSENT GIVEN BY INDIVIDUALS WHO ARE SIXTEEN OR SEVENTEEN YEARS  OF  AGE
IN  THE  DONATE  LIFE REGISTRY, AND SHALL MAKE REGISTRATION AVAILABLE BY
ANY OF THE METHODS PROVIDED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V)
AND (VI) OF THIS PARAGRAPH.
  (ii) The commissioner shall not maintain records  of  any  person  who
checks  "skip  this  question".  Except where the application is made in
person or electronically, 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, EXCEPT AS OTHERWISE  PROVIDED  PURSUANT  TO
THE   PROVISIONS   OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION
FORTY-THREE HUNDRED ONE OF THIS ARTICLE.  Where an applicant has  previ-
ously  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.
  S  3. The third undesignated paragraph of subdivision 2 of section 490
of the vehicle and traffic law, as amended by chapter 405 of the laws of
2015, is amended to read as follows:
  The commissioner of health shall not maintain records  of  any  person
who checks "skip this question". Except where the application is made in
person  or  electronically,  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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE   OF   SECTION

S. 5313--A                          3

FORTY-THREE  HUNDRED  ONE  OF THE PUBLIC HEALTH LAW.  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.
  S  4. The third undesignated paragraph of subdivision 1 of section 502
of the vehicle and traffic law, as amended by chapter 405 of the laws of
2015, is amended to read as follows:
  The commissioner of health shall not maintain records  of  any  person
who checks "skip this question". Except where the application is made in
person  or  electronically,  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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE   OF   SECTION
FORTY-THREE  HUNDRED  ONE  OF THE PUBLIC HEALTH LAW.  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. In addition, an
applicant for a commercial driver's license who will operate  a  commer-
cial motor vehicle in interstate commerce shall certify that such appli-
cant  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  trans-
portation  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 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the  amendments  to  paragraph
(a)  and  subparagraph (ii) of paragraph (b) of subdivision 5 of section
4310 of the public health law, made by section two of  this  act,  shall
not  affect  the expiration and reversion of such subdivision, and shall
expire therewith; provided, further that the  amendments  to  the  third
undesignated  paragraph  of  subdivision 2 of section 490 of the vehicle
and traffic law, made by section three of this act, shall not affect the
expiration and repeal of such paragraph, and shall  be  deemed  repealed
therewith; and provided, further that the amendments to the third undes-
ignated  paragraph  of  subdivision  1 of section 502 of the vehicle and
traffic law, made by section four of this  act,  shall  not  affect  the
expiration  of  the amendments to such subdivision by chapter 465 of the
laws of 2012, and shall expire therewith.