S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3690--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, BENEDETTO, MOSLEY, HYNDMAN, WALKER,
   GALEF, PAULIN, STECK, STIRPE, BLAKE, ORTIZ, WOERNER, O'DONNELL,  FAHY,
   JEAN-PIERRE,  SOLAGES,  COLTON,  HEVESI,  GOTTFRIED,  PALUMBO, WRIGHT,
   DiPIETRO, McDONOUGH, SIMON, CARROLL, TAYLOR, LIFTON, PALMESANO, SANTA-
   BARBARA, QUART -- Multi-Sponsored by -- M. of  A.  BRAUNSTEIN,  ENGLE-
   BRIGHT,  HUNTER,  LUPARDO, SCHIMMINGER, STEC -- read once and referred
   to the Committee on Transportation -- recommitted to the Committee  on
   Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00415-02-0

 A. 3690--A                          2
 
 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-
 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.