Bill Text: NY A07954 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the commissioner of motor vehicles to modify applications for driver's licenses and non-driver identification cards in a manner that deems consent to organ and tissue donation unless the applicant expressly elects not to consent.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-10 - held for consideration in transportation [A07954 Detail]
Download: New_York-2019-A07954-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7954 2019-2020 Regular Sessions IN ASSEMBLY May 29, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to presumed consent to organ and tissue donation; and to repeal certain provisions of such law relating to licensure of drivers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 490 of the vehicle and traffic 2 law, as amended by chapter 465 of the laws of 2012, the third undesig- 3 nated paragraph as amended by chapter 248 of the laws of 2016, is 4 amended to read as follows: 5 2. Application. Any person to whom a driver's license or learner's 6 permit has not been issued by the commissioner, or whose driver's 7 license or learner's permit is expired, suspended, revoked or surren- 8 dered, may make application to the commissioner for the issuance of an 9 identification card. The commissioner shall [ensure that space is10provided on the application so that the applicant shall register or11decline registration in the donate life registry for organ and tissue12donations pursuant to section forty-three hundred ten of the public13health law and that the following is stated on the application in clear14and conspicuous type:15"You must fill out the following section: Would you like to be added16to the Donate Life Registry? Check box for 'yes' or 'skip this ques-17tion'."18The commissioner of health shall not maintain records of any person19who checks "skip this question". Except where the application is made in20person or electronically, failure to check a box shall not impair the21validity of an application, and failure to check "yes" or checking "skip22this question" shall not be construed to imply a wish not to donate. In23the case of an applicant under eighteen years of age, checking "yes"24shall not constitute consent to make an anatomical gift or registrationEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11725-01-9A. 7954 2 1in the donate life registry, except as otherwise provided pursuant to2the provisions of paragraph (b) of subdivision one of section forty-3three hundred one of the public health law] modify the identification 4 card application and renewal process to advise all applicants that, at 5 the time of applying for or renewing an identification card, the appli- 6 cant shall be deemed to have consented to anatomical donation of his or 7 her organs and tissue upon the determination of the applicant's legal 8 death, unless the applicant expressly elects not to be an organ and 9 tissue donor. The commissioner shall provide the following statement and 10 instructions at the time of application or renewal of an applicant's 11 identification card: 12 You are automatically deemed to have consented to being an organ 13 and tissue donor and this designation will appear on your iden- 14 tification card. If you do not want to be considered an organ 15 and tissue donor, you must elect to not be included on the organ 16 donor registry by inserting your initials on the line below. 17 _______ At this time, I do not wish to be included on the organ 18 donor registry. 19 Unless an applicant responds that he or she does not want to be 20 considered a possible organ and tissue donor, the applicant will be 21 deemed to have consented to organ and tissue donation. The consent is 22 sufficient to satisfy all requirements necessary to evidence the appli- 23 cant's consent to anatomical donation of the applicant's organs and 24 tissue. The commissioner shall advise each applicant who did not opt out 25 of organ and tissue donation that the applicant's name shall be trans- 26 mitted to the New York state donate life registry for organ, eye and 27 tissue donations under section forty-three hundred ten of the public 28 health law, and that the applicant shall notify the federally designated 29 organ procurement organization of any changes to the applicant's 30 donation. Where an applicant has previously consented to make an 31 anatomical gift or registered in the donate life registry, [checking32"skip this question" or] failing to check a box shall not impair that 33 consent or registration. 34 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 35 amended by chapter 487 of the laws of 2012, is REPEALED. 36 § 3. Subdivision 1 of section 502 of the vehicle and traffic law, as 37 amended by chapter 465 of the laws of 2012, the third undesignated para- 38 graph as amended by chapter 248 of the laws of 2016, is amended to read 39 as follows: 40 1. Application for license. Application for a driver's license shall 41 be made to the commissioner. The fee prescribed by law may be submitted 42 with such application. The applicant shall furnish such proof of identi- 43 ty, age, and fitness as may be required by the commissioner. The commis- 44 sioner may also provide that the application procedure shall include the 45 taking of a photo image or images of the applicant in accordance with 46 rules and regulations prescribed by the commissioner. The commissioner 47 shall provide space so that the applicant may request a notation upon 48 such license that he or she is a veteran of the United States armed 49 forces. In addition, the commissioner also shall require that the appli- 50 cant provide his or her social security number and shall [provide space51on the application so that the applicant may register in the New York52state organ and tissue donor registry under section forty-three hundred53ten of the public health law with the following stated on the applica-54tion in clear and conspicuous type:A. 7954 3 1"You must fill out the following section: Would you like to be added2to the Donate Life Registry? Check box for 'yes' or 'skip this ques-3tion'."4The commissioner of health shall not maintain records of any person5who checks "skip this question". Except where the application is made in6person or electronically, failure to check a box shall not impair the7validity of an application, and failure to check "yes" or checking "skip8this question" shall not be construed to imply a wish not to donate. In9the case of an applicant under eighteen years of age, checking "yes"10shall not constitute consent to make an anatomical gift or registration11in the donate life registry, except as otherwise provided pursuant to12the provisions of paragraph (b) of subdivision one of section forty-13three hundred one of the public health law. Where an applicant has14previously consented to make an anatomical gift or registered in the15donate life registry, checking "skip this question" or failing to check16a box shall not impair that consent or registration] modify the driver's 17 license application and renewal process to advise all applicants that, 18 at the time of applying for or renewing a driver's license card, the 19 applicant shall be deemed to have consented to anatomical donation of 20 his or her organs and tissue upon the determination of the applicant's 21 legal death, unless the applicant expressly elects not to be an organ 22 and tissue donor. The commissioner shall provide the following statement 23 and instructions at the time of application or renewal of a driver's 24 license. 25 You are automatically deemed to have consented to being an organ 26 and tissue donor and this designation will appear on your driv- 27 er's license. If you do not want to be considered an organ and 28 tissue donor, you must elect to not be included on the organ 29 donor registry by inserting your initials on the line below. 30 _____ At this time, I do not wish to be included on the organ 31 donor registry. 32 Unless an applicant responds that he or she does not want to be 33 considered a possible organ and tissue donor, the applicant will be 34 deemed to have consented to organ and tissue donation. The consent is 35 sufficient to satisfy all requirements necessary to evidence the appli- 36 cant's consent to anatomical donation of the applicant's organs and 37 tissue. The commissioner shall advise each applicant who did not opt out 38 of organ and tissue donation that the applicant's name shall be trans- 39 mitted to the New York state donate life registry for organ, eye and 40 tissue donations under section forty-three hundred ten of the public 41 health law, and that the applicant shall notify the federally designated 42 organ procurement organization of any changes to the applicant's 43 donation. In addition, an applicant for a commercial driver's license 44 who will operate a commercial motor vehicle in interstate commerce shall 45 certify that such applicant meets the requirements to operate a commer- 46 cial motor vehicle, as set forth in public law 99-570, title XII, and 47 title 49 of the code of federal regulations, and all regulations promul- 48 gated by the United States secretary of transportation under the hazard- 49 ous materials transportation act. In addition, an applicant for a 50 commercial driver's license shall submit a medical certificate at such 51 intervals as required by the federal motor carrier safety improvement 52 act of 1999 and Part 383.71(h) of title 49 of the code of federal regu- 53 lations relating to medical certification and in a manner prescribed by 54 the commissioner. For purposes of this section and sections five 55 hundred three, five hundred ten-a, and five hundred ten-aa of this 56 title, the terms "medical certificate" and "medical certification" shallA. 7954 4 1 mean a form substantially in compliance with the form set forth in Part 2 391.43(h) of title 49 of the code of federal regulations. Upon a deter- 3 mination that the holder of a commercial driver's license has made any 4 false statement, with respect to the application for such license, the 5 commissioner shall revoke such license. 6 § 4. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law.