Bill Text: NY S05670 | 2019-2020 | General Assembly | Introduced

Bill Title: Designates human organ delivery vehicles as authorized emergency vehicles which shall permit the operator of such vehicles certain privileges when involved in an emergency operation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-10 - REFERRED TO TRANSPORTATION [S05670 Detail]

Download: New_York-2019-S05670-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 10, 2019

        Introduced  by  Sen. KENNEDY -- 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, 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:

     1    Section 1. Section 101 of the vehicle and traffic law, as  amended  by
     2  chapter 446 of the laws of 2003, is amended to read as follows:
     3    §  101.  Authorized emergency vehicle. Every ambulance, police vehicle
     4  or bicycle, correction vehicle, fire vehicle,  civil  defense  emergency
     5  vehicle,  emergency  ambulance  service vehicle, blood delivery vehicle,
     6  human organ delivery vehicle, county emergency medical services vehicle,
     7  environmental emergency response  vehicle,  sanitation  patrol  vehicle,
     8  hazardous  materials  emergency vehicle and ordnance disposal vehicle of
     9  the armed forces of the United States.
    10    § 2. Section 114-b of the vehicle and traffic law, as amended by chap-
    11  ter 460 of the laws of 1996, is amended to read as follows:
    12    § 114-b. Emergency operation. The operation, or parking, of an author-
    13  ized emergency vehicle, when such vehicle is engaged in  transporting  a
    14  sick  or  injured  person,  transporting  prisoners, delivering blood or
    15  blood products or transporting human organs,  human  tissue  or  medical
    16  personnel  for  the  purpose  of organ recovery or transplantation, in a
    17  situation involving an imminent  health  risk,  pursuing  an  actual  or
    18  suspected violator of the law, or responding to, or working or assisting
    19  at the scene of an accident, disaster, police call, alarm of fire, actu-
    20  al  or  potential  release  of  hazardous  materials or other emergency.
    21  Emergency operation shall not include returning from such service.
    22    § 3. The vehicle and traffic law is amended by adding  a  new  section
    23  117-e to read as follows:
    24    §  117-e. Human organ delivery vehicle. Any vehicle which is operated,
    25  authorized or contracted by or on behalf of an organ procurement  organ-

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

        S. 5670                             2

     1  ization,  as  defined in subdivision five of section four thousand three
     2  hundred sixty of the public health law, for the sole purpose  of  trans-
     3  porting human organs, human tissue, or medical personnel for the purpose
     4  of organ recovery or transplantation on an emergency basis.  The vehicle
     5  must  be  dedicated  to  serve  as and be clearly identified as an organ
     6  transport vehicle, and operators must receive written authorization from
     7  the department of health prior to operation of a vehicle in such capaci-
     8  ty.  No human organ delivery vehicle shall be operated as an  authorized
     9  emergency vehicle engaged in an emergency operation unless the driver of
    10  such  vehicle  has  undergone  appropriate  training, as approved by the
    11  department of health, for the operation of authorized emergency vehicles
    12  during emergency operations and a defensive driving course.  Nothing  in
    13  this  section shall preclude those persons otherwise approved to operate
    14  any other authorized emergency vehicle as defined in section one hundred
    15  one of this article from operating such vehicle as a human organ  deliv-
    16  ery vehicle.
    17    § 4. This act shall take effect on the one hundred twentieth day after
    18  it shall have become a law.