The Bill

Our proposed legislation to change organ donation from opt-in to opt-out at the DMV

What the Bill Does

The Problem

Currently at the NY DMV, you must actively choose to register as an organ donor. Many people support donation but never check the box — they skip the question, forget, or don't think about it.

The Solution

Our bill changes the default: unless you specifically choose to skip the organ donation question, you're registered as a donor. You always have the right to opt out — the default just saves more lives.

Key Provision

Unless an applicant responds that he or she wishes to skip this question, the applicant will be deemed to have consented to organ and tissue donation.

Built-In Safeguards

DMV Only

Applies only to license and renewal applications

Consent Question

Applicants see the donation question first

Easy Opt-Out

Skip the question or write to the commissioner any time

Written Notice

Commissioner sends mail confirming registration

Under-18 Exempt

Does not apply to minors

Your Choice

You can always opt out at any time, no questions asked

Projected Impact of Bill A07954

Based on outcomes from countries that switched to opt-out systems

Registration Rate

Before
~50%
After
~85%+

Annual Donors (NY)

Before
~1,600
After
~2,700+

Lives Saved (NY/year)

Before
~800
After
~2,100+

Waitlist Reduction

Before
Growing
After
Shrinking

These are conservative estimates based on real-world data from opt-out countries. Spain saw a 40% increase in donation rates within 10 years of switching. A similar shift in New York could save over 1,000 additional lives per year.

2021 Draft Bill Text

Based on Bill A07954 (2019), updated for the 2021 legislative session.

AN ACT to amend the vehicle and traffic law, in relation to organ and tissue donation

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Subdivision 2 of section 504 of the vehicle and traffic law is amended to read as follows:

2. Application for a license or renewal thereof shall be made in such form as the commissioner shall require, and shall include the following:

(a) Such proof of identity, age and fitness as the commissioner may require;

(b) A question or statement regarding organ and tissue donation worded substantially as follows: "Would you like to be an organ and tissue donor?" Unless an applicant responds that he or she wishes to skip this question, the applicant will be deemed to have consented to organ and tissue donation upon death.

The commissioner shall notify each applicant who is deemed to have consented to organ and tissue donation by mail, at the address provided on the application, that the applicant has been registered as an organ and tissue donor, and that the applicant may opt out of organ and tissue donation at any time by notifying the commissioner in writing.

Section 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

SAFEGUARDS:
- Applies only to DMV license/renewal applications
- Applicants see a consent question first
- Can skip the question to opt out
- Commissioner sends written notification
- Opt-out available at any time by written notice
- Does not apply to anyone under 18 years of age

Write Your Representative

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Your Details

Letter Preview

Dear [Representative's Name],

My name is [Your Name], and I am a constituent from [Your ZIP Code] writing to urge your support for opt-out organ donation legislation in New York State.

Right now, over 8,000 New Yorkers are waiting for a life-saving organ transplant. Seventeen people die every single day in the United States waiting for an organ — that's one person every 85 minutes. Despite 90% of Americans supporting organ donation, only about 50% of New Yorkers are registered as donors.

The solution is simple and proven: change the default at the DMV from opt-in to opt-out. Over 30 countries — including Spain, the UK, France, and Austria — already use this system, and they consistently achieve registration rates of 80-90%. No one is forced to donate; anyone can opt out at any time. The only thing that changes is the default.

This is not a partisan issue. Saving lives transcends political divides. I ask you to support legislation that would implement an opt-out organ donation registration system at the DMV, similar to Bill A07954.

Thank you for your time and your service to our community.

Sincerely,
{name}
{zip}

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