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 - Dead) 2020-01-08 - 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. LBD02505-01-9S. 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 eighteenS. 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 applicantS. 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 and5conspicuous type:6"You must fill out the following section: Would you like to be added7to the Donate Life Registry? Check box for 'yes' or 'skip this ques-8tion'."9The commissioner of the department of health shall not maintain10records of any person who checks "skip this question". Failure to check11a box shall not impair the validity of an application, and failure to12check "yes" or checking "skip this question" shall not be construed to13imply a wish not to donate. In the case of an applicant under eighteen14years of age, checking "yes" shall not constitute consent to make an15anatomical gift or registration in the donate life registry. Where an16applicant has previously consented to make an anatomical gift or regis-17tered in the donate life registry, checking "skip this question" or18failing 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 respectS. 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.