Bill Text: NY S05972 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to health care proxy information on driver's licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO TRANSPORTATION [S05972 Detail]

Download: New_York-2019-S05972-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5972

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen. SERRANO -- 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 health  care
          proxy   information  on  driver's  licenses;  and  to  repeal  certain
          provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 490 of the vehicle and traffic law, is amended by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a. In addition to the provisions of subdivision two of this section,
     4  the commissioner shall ensure that space is provided on the  application
     5  so  that  the  applicant  shall  indicate  a declaration relating to the
     6  designation of a health  care  proxy  pursuant  to  section  twenty-nine
     7  hundred  eighty-one  of  the public health law and that the following is
     8  typed in clear and conspicuous type:
     9    "You must fill out the following section: Have you completed a  health
    10  care  proxy? Check box for 'yes' or 'skip this question'." Followed by a
    11  space for the health care agent's name.
    12    The commissioner shall also ensure  that  space  is  provided  on  the
    13  application  so that the applicant shall indicate a declaration relating
    14  to the use of life-sustaining treatment and that the following is  typed
    15  in clear and conspicuous type:
    16    "You  must fill out the following section: Have you completed a living
    17  will? Check box for 'yes' or 'skip this question'."
    18    The commissioner shall  make  whatever  provisions  are  feasible  and
    19  desirable  to  maintain  and  issue  all  suitable  documents  regarding
    20  advanced directives at driver's license examining offices.
    21    § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle  and
    22  traffic  law,  as amended by chapter 429 of the laws of 2014, is amended
    23  to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02505-01-9

        S. 5972                             2

     1    (b) The identification card shall contain a distinguishing  number  or
     2  mark and adequate space upon which an anatomical gift, pursuant to arti-
     3  cle  forty-three  of  the public health law, a declaration relating to a
     4  health care proxy, pursuant to section twenty-nine hundred eighty-one of
     5  the  public  health  law, and a declaration relating to the use of life-
     6  sustaining treatments by the holder may be recorded  and  shall  contain
     7  such  other  information and shall be issued in such form as the commis-
     8  sioner shall determine; provided, however, every identification card  or
     9  renewal  thereof  issued  to  a person under the age of twenty-one years
    10  shall have prominently imprinted thereon the statement "UNDER  21  YEARS
    11  OF  AGE"  in  notably  distinctive  print  or format. Provided, further,
    12  however, that every identification card issued to an applicant who was a
    13  member of the armed forces of the United States and received  an  honor-
    14  able  discharge  or  was  released  therefrom under honorable conditions
    15  shall, upon his or her request and submission  of  proof  as  set  forth
    16  herein,  contain a distinguishing mark, in such form as the commissioner
    17  shall determine, indicating that he or she  is  a  veteran.  Such  proof
    18  shall  consist of a certificate of release or discharge from active duty
    19  including but not limited to a DD Form 214 or other  proof  satisfactory
    20  to  the  commissioner.  The  commissioner shall not require fees for the
    21  issuance of such identification cards or  renewals  thereof  to  persons
    22  under twenty-one years of age which are different from the fees required
    23  for  the issuance of identification cards or renewals thereof to persons
    24  twenty-one years of age or over, nor fees to persons requesting a veter-
    25  an distinguishing mark which are different from fees that  would  other-
    26  wise be required. Provided, however, that notwithstanding the provisions
    27  of  section  four  hundred  ninety-one of this article, the commissioner
    28  shall not require any fees for the duplication or amendment of an  iden-
    29  tification  card  prior  to its renewal if such duplication or amendment
    30  was solely for the purpose of adding a veteran  distinguishing  mark  to
    31  such identification card.
    32    §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, is
    33  REPEALED and a new subdivision 1 is added to read as follows:
    34    1. Application for license. Application for a driver's  license  shall
    35  be  made to the commissioner. The fee prescribed by law may be submitted
    36  with such application. The applicant shall furnish such proof of identi-
    37  ty, age, and fitness as may be required by the commissioner. Eligibility
    38  for a driver's license shall not be conditioned on  a  particular  immi-
    39  gration  status.  The commissioner may also provide that the application
    40  procedure shall include the taking of a photo image  or  images  of  the
    41  applicant  in  accordance  with  rules and regulations prescribed by the
    42  commissioner. In addition, the commissioner also shall require that  the
    43  applicant provide his or her social security number where such applicant
    44  is  a legal immigrant and shall provide space on the application so that
    45  the applicant may register in the New York state organ and tissue  donor
    46  registry  under section forty-three hundred ten of the public health law
    47  with the following stated on the application in  clear  and  conspicuous
    48  type:
    49    "You  must  fill out the following section: Would you like to be added
    50  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    51  tion'."
    52    The  commissioner  of  the  department  of  health  shall not maintain
    53  records of any person who checks "skip this question". Failure to  check
    54  a  box  shall  not impair the validity of an application, and failure to
    55  check "yes" or checking "skip this question" shall not be  construed  to
    56  imply  a  wish not to donate. In the case of an applicant under eighteen

        S. 5972                             3

     1  years of age, checking "yes" shall not constitute  consent  to  make  an
     2  anatomical  gift  or  registration in the donate life registry. Where an
     3  applicant has previously consented to make an anatomical gift or  regis-
     4  tered  in  the  donate  life  registry, checking "skip this question" or
     5  failing to check a box shall not impair that consent or registration. In
     6  addition, the commissioner  also  shall  require  that  space  shall  be
     7  provided on the application so that the applicant may request a notation
     8  upon such license that he or she is a veteran of the United States armed
     9  forces.    Additionally,  the  commissioner  shall  ensure that space is
    10  provided on the application so  that  the  applicant  shall  indicate  a
    11  declaration  relating to the designation of a health care proxy pursuant
    12  to section twenty-nine hundred eighty-one of the public health  law  and
    13  that the following is typed in clear and conspicuous type:
    14    "You  must fill out the following section: Have you completed a health
    15  care proxy? Check box for 'yes' or 'skip this question'." Followed by  a
    16  space for the health care agent's name.
    17    The  commissioner  shall  also  ensure  that  space is provided on the
    18  application so that the applicant shall indicate a declaration  relating
    19  to  the use of life-sustaining treatment and that the following is typed
    20  in clear and conspicuous type:
    21    "You must fill out the following section: Have you completed a  living
    22  will? Check box for 'yes' or 'skip this question'."
    23    The  commissioner  shall  make  whatever  provisions  are feasible and
    24  desirable  to  maintain  and  issue  all  suitable  documents  regarding
    25  advanced  directives at driver's license examining offices. In addition,
    26  an applicant for a  commercial  driver's  license  who  will  operate  a
    27  commercial motor vehicle in interstate  commerce shall certify that such
    28  applicant  meets the requirements to operate a commercial motor vehicle,
    29  as set forth in public law 99-570, title XII, and title 49 of  the  code
    30  of  federal  regulations,  and all regulations promulgated by the United
    31  States secretary of transportation under the hazardous materials  trans-
    32  portation  act.  In  addition,  an  applicant  for a commercial driver's
    33  license shall submit a medical certificate at such intervals as required
    34  by the federal motor carrier safety improvement act  of  1999  and  Part
    35  383.71(h)  of  title  49  of the code of federal regulations relating to
    36  medical certification and in a manner prescribed  by  the  commissioner.
    37  For  purposes  of  this  section  and  sections five hundred three, five
    38  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    39  certificate" and "medical certification" shall mean a form substantially
    40  in compliance with the form set forth in Part 391.43(h) of title  49  of
    41  the code of federal regulations. Upon a determination that the holder of
    42  a commercial driver's license has made any false statement, with respect
    43  to  the application for such license, the commissioner shall revoke such
    44  license.
    45    § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    46  added by section three of this act, is amended to read as follows:
    47    1.  Application  for license. Application for a driver's license shall
    48  be made to the commissioner. The fee prescribed by law may be  submitted
    49  with such application. The applicant shall furnish such proof of identi-
    50  ty, age, and fitness as may be required by the commissioner. Eligibility
    51  for  a  driver's  license shall not be conditioned on a particular immi-
    52  gration status. The commissioner may also provide that  the  application
    53  procedure  shall  include  the  taking of a photo image or images of the
    54  applicant in accordance with rules and  regulations  prescribed  by  the
    55  commissioner.  In addition, the commissioner also shall require that the
    56  applicant provide his or her social security number where such applicant

        S. 5972                             4

     1  is a legal immigrant and [shall] provide space  on  the  application  so
     2  that  the  applicant may register in the New York state organ and tissue
     3  donor registry under section  forty-three  hundred  ten  of  the  public
     4  health  law  [with  the following stated on the application in clear and
     5  conspicuous type:
     6    "You must fill out the following section: Would you like to  be  added
     7  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
     8  tion'."
     9    The commissioner of  the  department  of  health  shall  not  maintain
    10  records  of any person who checks "skip this question". Failure to check
    11  a box shall not impair the validity of an application,  and  failure  to
    12  check  "yes"  or checking "skip this question" shall not be construed to
    13  imply a wish not to donate. In the case of an applicant  under  eighteen
    14  years  of  age,  checking  "yes" shall not constitute consent to make an
    15  anatomical gift or registration in the donate life  registry.  Where  an
    16  applicant  has previously consented to make an anatomical gift or regis-
    17  tered in the donate life registry,  checking  "skip  this  question"  or
    18  failing  to  check a box shall not impair that consent or registration].
    19  In addition, the commissioner also shall require  that  space  shall  be
    20  provided on the application so that the applicant may request a notation
    21  upon such license that he or she is a veteran of the United States armed
    22  forces.    Additionally,  the  commissioner  shall  ensure that space is
    23  provided on the application so  that  the  applicant  shall  indicate  a
    24  declaration  relating to the designation of a health care proxy pursuant
    25  to section twenty-nine hundred eighty-one of the public health  law  and
    26  that the following is typed in clear and conspicuous type:
    27    "You  must fill out the following section: Have you completed a health
    28  care proxy? Check box for 'yes' or 'skip this question'." Followed by  a
    29  space for the health care agent's name.
    30    The  commissioner  shall  also  ensure  that  space is provided on the
    31  application so that the applicant shall indicate a declaration  relating
    32  to  the use of life-sustaining treatment and that the following is typed
    33  in clear and conspicuous type:
    34    "You must fill out the following section: Have you completed a  living
    35  will? Check box for 'yes' or 'skip this question'."
    36    The  commissioner  shall  make  whatever  provisions  are feasible and
    37  desirable  to  maintain  and  issue  all  suitable  documents  regarding
    38  advanced  directives at driver's license examining offices. In addition,
    39  an applicant for a  commercial  driver's  license  who  will  operate  a
    40  commercial motor vehicle in interstate  commerce shall certify that such
    41  applicant  meets the requirements to operate a commercial motor vehicle,
    42  as set forth in public law 99-570, title XII, and title 49 of  the  code
    43  of  federal  regulations,  and all regulations promulgated by the United
    44  States secretary of transportation under the hazardous materials  trans-
    45  portation  act.  In  addition,  an  applicant  for a commercial driver's
    46  license shall submit a medical certificate at such intervals as required
    47  by the federal motor carrier safety improvement act  of  1999  and  Part
    48  383.71(h)  of  title  49  of the code of federal regulations relating to
    49  medical certification and in a manner prescribed  by  the  commissioner.
    50  For  purposes  of  this  section  and  sections five hundred three, five
    51  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    52  certificate" and "medical certification" shall mean a form substantially
    53  in compliance with the form set forth in Part 391.43(h) of title  49  of
    54  the code of federal regulations. Upon a determination that the holder of
    55  a commercial driver's license has made any false statement, with respect

        S. 5972                             5

     1  to  the application for such license, the commissioner shall revoke such
     2  license.
     3    §  5. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
     4  traffic law, as separately amended by chapters 568 and 639 of  the  laws
     5  of 2006, is amended to read as follows:
     6    (a)  Every  license  or renewal thereof shall contain a distinguishing
     7  mark and adequate space upon  which  an  anatomical  gift,  pursuant  to
     8  section  forty-three hundred ten of the public health law, by the licen-
     9  see shall be recorded and shall contain such other information and shall
    10  be issued in such form as the commissioner  shall  determine;  provided,
    11  however,  every  license or renewal thereof issued to a person under the
    12  age of twenty-one years shall have prominently  imprinted  upon  it  the
    13  statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or
    14  format; provided further, however,  every  license  or  renewal  thereof
    15  issued  to  a  person  making  an anatomical gift shall have prominently
    16  printed upon the front of such license or renewal thereof the  statement
    17  "ORGAN  DONOR"  in  notably  distinctive  print or format; provided that
    18  every license shall have imprinted on the back "Designated  health  care
    19  agent:" followed by a space for the health care agent's name and contact
    20  information;   and  provided  further  that  every  license  shall  have
    21  imprinted on the back "Executed declaration relating to  life-sustaining
    22  treatment:"  followed  by  a  space to mark the appropriate box "Yes" or
    23  "No".  The commissioner shall not require fees for the issuance of  such
    24  licenses or renewals thereof to persons under twenty-one years of age or
    25  to  persons  making an anatomical gift which are different from the fees
    26  required for the issuance of licenses or  renewals  thereof  to  persons
    27  twenty-one  years  of age or over or to persons not making an anatomical
    28  gift.
    29    § 6. This act shall take effect immediately; provided,  however,  that
    30  section three of this act shall take effect on the one hundred eightieth
    31  day after it shall have become a law, and section four of this act shall
    32  take effect October 3, 2022.
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