S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1934

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. CUSICK, LAVINE, JAFFEE, TITONE, CASTRO -- Multi-
  Sponsored by -- M. of A. COOK, GALEF, MARKEY, WEISENBERG -- read  once
  and referred to the Committee on Health

AN  ACT to amend the public health law, the election law and the vehicle
  and traffic law, in relation to creating a state brain donor  registry
  and to repeal certain provisions of the vehicle and traffic law relat-
  ing thereto

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

  Section 1. The public health law is amended by adding  a  new  section
4311 to read as follows:
  S  4311.  NEW YORK STATE BRAIN DONOR REGISTRY. 1. THE DEPARTMENT SHALL
ESTABLISH A BRAIN DONOR REGISTRY, WHICH SHALL CONTAIN A LISTING  OF  ALL
BRAIN  DONORS WHO HAVE DECLARED THEIR CONSENT TO MAKE AN ANATOMICAL GIFT
OF THEIR BRAINS FOR THE PURPOSE OF MEDICAL RESEARCH  REGARDING  DEVELOP-
MENTAL DISABILITIES, INCLUDING BUT NOT LIMITED TO AUTISM SPECTRUM DISOR-
DERS OR CEREBRAL PALSY.
  2. SUCH REGISTRATION OF CONSENT TO MAKE AN ANATOMICAL GIFT CAN BE MADE
THROUGH  (A)  INDICATION  MADE  ON  THE APPLICATION OR RENEWAL FORM OF A
LICENSE, (B) INDICATION MADE ON A NON-DRIVER IDENTIFICATION CARD  APPLI-
CATION OR RENEWAL FORM, (C) ENROLLING IN THE REGISTRY WEBSITE MAINTAINED
BY  THE  DEPARTMENT,  (D)  INDICATION  MADE ON A VOTER REGISTRATION FORM
PURSUANT TO SUBDIVISION FIVE OF SECTION 5-210 OF THE  ELECTION  LAW,  OR
(E)  THROUGH ANY OTHER METHOD IDENTIFIED BY THE COMMISSIONER. THE REGIS-
TRATION SHALL TAKE EFFECT UPON THE DEPARTMENT SENDING WRITTEN NOTICE  OF
THE REGISTRATION TO THE PERSON ENROLLING IN THE REGISTRY.
  3.  (A)  INFORMATION  CONTAINED IN THE REGISTRY SHALL BE ACCESSIBLE TO
ANY ENTITY FORMALLY APPROVED BY THE COMMISSIONER.
  (B) THE INFORMATION CONTAINED IN THE REGISTRY SHALL NOT BE RELEASED TO
ANY PERSON EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION SOLELY FOR THE

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

                                                           LBD05493-01-3

A. 1934                             2

PURPOSE OF IDENTIFYING POTENTIAL BRAIN DONORS AT OR  NEAR  THE  TIME  OF
DEATH.
  4.  IF  THE DEPARTMENT HAD AN ESTABLISHED REGISTRY PRIOR TO THE EFFEC-
TIVE DATE OF THIS SECTION, IT SHALL BE DEEMED TO MEET  THE  REQUIREMENTS
OF THIS SECTION.
  5.  A  PERSON REGISTERED IN THE BRAIN DONOR REGISTRY BEFORE THE EFFEC-
TIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED TO HAVE  EXPRESSED  INTENT
TO  DONATE,  UNTIL AND UNLESS HE OR SHE FILES AN AMENDMENT TO HIS OR HER
REGISTRATION OR A NEW REGISTRATION EXPRESSING CONSENT TO DONATE.
  6. THE COMMISSIONER SHALL CONTACT EACH PERSON  REGISTERED  BEFORE  THE
EFFECTIVE  DATE OF THIS SUBDIVISION IN THE BRAIN DONOR REGISTRY IN WRIT-
ING TO INFORM HIM OR HER THAT AT THE TIME  HE  OR  SHE  REGISTERED,  THE
REGISTRY WAS THAT OF INTENT AND THAT THE REGISTRY IS NOW ONE OF CONSENT,
TO  EXPLAIN  IN  CLEAR  AND  UNDERSTANDABLE TERMS THE DIFFERENCE BETWEEN
INTENT AND CONSENT, AND TO PROVIDE OPPORTUNITY FOR THE PERSON TO  CHANGE
HIS  OR  HER  REGISTRATION  TO  PROVIDE  CONSENT  BY AMENDING HIS OR HER
CURRENT REGISTRATION OR EXECUTING A NEW REGISTRATION.
  7. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. Subdivisions 1 and 5 of section 4301 of the public health law, as
amended  by  chapter  348  of  the  laws of 2009, are amended to read as
follows:
  1. Any individual of sound mind and eighteen years of age or more  may
give  all  or  any  part of his or her body for any purpose specified in
section forty-three hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor card OR A BRAIN DONOR CARD, driver's license authorization to make
an  anatomical  gift,  pursuant  to  paragraph (a) of subdivision one of
section five hundred four of the vehicle and traffic law, registered  in
the  New York state organ and tissue donor registry under section forty-
three hundred ten of this article, REGISTERED  IN  THE  NEW  YORK  STATE
BRAIN  DONOR  REGISTRY  UNDER SECTION FORTY-THREE HUNDRED ELEVEN OF THIS
ARTICLE or has otherwise given written authorization for BRAIN, organ or
tissue donation, authorization for donation shall not be rescinded by an
objection by a member of any of the classes specified in paragraphs  (a)
through  (h)  of  subdivision two of this section, except upon a showing
that the donor revoked the authorization.
  5. The donee shall not accept the gift  under  the  following  circum-
stances:
  (a)  the  donee  has actual notice of contrary indication by the dece-
dent;
  (b) where the donor has not properly executed an organ donor  card  OR
BRAIN  DONOR  CARD, driver's license authorization to make an anatomical
gift, pursuant to paragraph (a)  of  subdivision  one  of  section  five
hundred  four of the vehicle and traffic law, registered in the New York
state organ and tissue donor registry under section forty-three  hundred
ten of this article, REGISTERED IN THE NEW YORK STATE BRAIN DONOR REGIS-
TRY  UNDER  SECTION FORTY-THREE HUNDRED ELEVEN OF THIS ARTICLE or other-
wise given written authorization for BRAIN, organ or tissue donation, or
has revoked any such authorization, and the gift is opposed by a  person
or persons in the highest priority available of the classes specified in
paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subdivision two of
this section; or
  (c) the donee has reason to believe that an anatomical gift is contra-
ry to the decedent's religious or moral beliefs.

A. 1934                             3

  S  3.  Paragraph (k) of subdivision 5 of section 5-210 of the election
law is amended by adding a new subparagraph (xiii) to read as follows:
  (XIII)  A  SPACE  FOR  THE APPLICANT TO REGISTER IN THE NEW YORK STATE
BRAIN DONOR REGISTRY FOR BRAIN TISSUE DONATIONS ESTABLISHED PURSUANT  TO
SECTION FORTY-THREE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
  S  4. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
traffic law, as amended by chapter 487 of the laws of 2012,  is  amended
to read as follows:
  (b)  The  identification card shall contain a distinguishing number or
mark and adequate space upon which THE HOLDER MAY RECORD THE DONATION OF
an anatomical gift OF THEIR ORGAN, TISSUE OR BRAIN, pursuant to  article
forty-three  of  the  public health law, [by the holder may be recorded]
and SUCH CARD shall contain such other information and shall  be  issued
in  such  form  as  the commissioner shall determine; provided, however,
every identification card or renewal thereof issued to  a  person  under
the age of twenty-one years shall have prominently imprinted thereon the
statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or
format. Provided,  further,  however,  that  every  identification  card
issued  to  an  applicant  who  was  a member of the armed forces of the
United States and received on honorable discharge or was released there-
from under honorable conditions shall,  upon  his  or  her  request  and
submission  of proof as set forth herein, contain a distinguishing mark,
in such form as the commissioner shall determine, indicating that he  or
she  is  a veteran. Such proof shall consist of a certificate of release
or discharge from active duty including but not limited to a DD Form 214
or other proof satisfactory to the commissioner. The commissioner  shall
not  require  fees  for  the  issuance  of  such identification cards or
renewals thereof to persons under twenty-one  years  of  age  which  are
different  from  the  fees  required  for the issuance of identification
cards or renewals thereof to persons twenty-one years of  age  or  over,
nor  fees  to  persons requesting a veteran notation which are different
from fees that would otherwise be required.
  S 5. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  section  1  of part D of chapter 58 of the laws of 2012, is
amended to read as follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health  law
OR  THE  NEW  YORK  STATE BRAIN DONOR REGISTRY UNDER SECTION FORTY-THREE
HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW. In addition, an applicant for a
commercial driver's license who will operate a commercial motor  vehicle
in  interstate  commerce  shall  certify  that  such applicant meets the
requirements to operate a commercial motor  vehicle,  as  set  forth  in
public  law 99-570, title XII, and title 49 of the code of federal regu-
lations, and all regulations promulgated by the United States  secretary
of  transportation  under the hazardous materials transportation act. In
addition, an applicant for a commercial driver's license shall submit  a
medical  certificate  at such intervals as required by the federal motor

A. 1934                             4

carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of
the code of federal regulations relating to medical certification and in
a manner prescribed by the commissioner.  For purposes of  this  section
and  sections  five  hundred three, five hundred ten-a, and five hundred
ten-aa of this title,  the  terms  "medical  certificate"  and  "medical
certification"  shall  mean  a form substantially in compliance with the
form set forth in Part 391.43(h) of title 49  of  the  code  of  federal
regulations.  Upon a determination that the holder of a commercial driv-
er's license has made any false statement, with respect to the  applica-
tion for such license, the commissioner shall revoke such license.
  S  6.  Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487  of  the  laws  of  2012,  is
REPEALED and a new subdivision 1 is added to read as follows:
  1.  APPLICATION  FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL
BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE  SUBMITTED
WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
TY,  AGE,  AND  FITNESS  AS  MAY  BE REQUIRED BY THE COMMISSIONER.   THE
COMMISSIONER MAY ALSO  PROVIDE  THAT  THE  APPLICATION  PROCEDURE  SHALL
INCLUDE  THE  TAKING  OF  A  PHOTO  IMAGE  OR IMAGES OF THE APPLICANT IN
ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
HIS OR HER SOCIAL SECURITY NUMBER AND SHALL PROVIDE SPACE ON THE  APPLI-
CATION  SO  THAT  THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN
AND TISSUE DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN  OF  THE
PUBLIC  HEALTH  LAW  OR  THE  NEW  YORK STATE BRAIN DONOR REGISTRY UNDER
SECTION FORTY-THREE HUNDRED ELEVEN OF THE PUBLIC  HEALTH  LAW  WITH  THE
FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION:  WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
TION'.
  YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED TO
THE  NEW  YORK  STATE BRAIN DONOR REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP
THIS QUESTION'."
  THE COMMISSIONER OF  THE  DEPARTMENT  OF  HEALTH  SHALL  NOT  MAINTAIN
RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY OR  THE  NEW
YORK  STATE  BRAIN  DONOR  REGISTRY.  WHERE  AN APPLICANT HAS PREVIOUSLY
CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGISTERED IN  THE  DONATE  LIFE
REGISTRY OR THE NEW YORK STATE BRAIN DONOR REGISTRY, CHECKING "SKIP THIS
QUESTION"  OR  FAILING  TO  CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR
REGISTRATION. IN ADDITION, THE  COMMISSIONER  ALSO  SHALL  REQUIRE  THAT
SPACE  SHALL  BE  PROVIDED  ON THE APPLICATION SO THAT THE APPLICANT MAY
REQUEST A NOTATION UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF  THE
UNITED  STATES  ARMED FORCES. IN ADDITION, AN APPLICANT FOR A COMMERCIAL
DRIVER'S LICENSE WHO WILL OPERATE A COMMERCIAL MOTOR VEHICLE  IN  INTER-
STATE  COMMERCE SHALL CERTIFY THAT SUCH APPLICANT MEETS THE REQUIREMENTS
TO OPERATE A COMMERCIAL MOTOR  VEHICLE,  AS  SET  FORTH  IN  PUBLIC  LAW
99-570,  TITLE XII, AND TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AND
ALL REGULATIONS PROMULGATED BY THE UNITED STATES SECRETARY OF  TRANSPOR-
TATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT. IN ADDITION, AN
APPLICANT  FOR  A  COMMERCIAL  DRIVER'S  LICENSE  SHALL SUBMIT A MEDICAL
CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL  MOTOR  CARRIER

A. 1934                             5

SAFETY  IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND  IN  A
MANNER  PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND
SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA
OF  THIS  TITLE,  THE  TERMS  "MEDICAL CERTIFICATE" AND "MEDICAL CERTIF-
ICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET
FORTH IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL  REGULATIONS.
UPON  A  DETERMINATION  THAT THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE
HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION  FOR  SUCH
LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
  S  7.  Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section six of this act, is amended to read as follows:
  1. Application for license. Application for a driver's  license  shall
be  made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may  be  required  by  the  commissioner.    The
commissioner  may  also  provide  that  the  application procedure shall
include the taking of a photo  image  or  images  of  the  applicant  in
accordance with rules and regulations prescribed by the commissioner. In
addition, the commissioner also shall require that the applicant provide
his  or  her  social  security  number  and [shall] provide space on the
application so that the applicant may register in  the  New  York  state
organ and tissue donor registry under section forty-three hundred ten of
the  public  health law or the New York state brain donor registry under
section forty-three hundred eleven of the public health  law  [with  the
following stated on the application in clear and conspicuous type:
  "You  must fill out the following section:  Would you like to be added
to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
tion'.
  You must fill out the following section: Would you like to be added to
the  New  York  State Brain Donor Registry? Check box for 'yes' or 'skip
this question'.
  The commissioner of  the  department  of  health  shall  not  maintain
records  of any person who checks "skip this question". Failure to check
a box shall not impair the validity of an application,  and  failure  to
check  "yes"  or checking "skip this question" shall not be construed to
imply a wish not to donate. In the case of an applicant  under  eighteen
years  of  age,  checking  "yes" shall not constitute consent to make an
anatomical gift or registration in the donate life registry or  the  New
York  state  brain  donor  registry.  Where  an applicant has previously
consented to make an anatomical gift or registered in  the  donate  life
registry or the New York state brain donor registry, checking "skip this
question"  or  failing  to  check a box shall not impair that consent or
registration]. In addition, the commissioner  also  shall  require  that
space  shall  be  provided  on the application so that the applicant may
request a notation upon such license that he or she is a veteran of  the
United  States  armed forces. In addition, an applicant for a commercial
driver's license who will operate a commercial motor vehicle  in  inter-
state  commerce shall certify that such applicant meets the requirements
to operate a commercial motor  vehicle,  as  set  forth  in  public  law
99-570,  title XII, and title 49 of the code of federal regulations, and
all regulations promulgated by the United States secretary of  transpor-
tation under the hazardous materials transportation act. In addition, an
applicant  for  a  commercial  driver's  license  shall submit a medical
certificate at such intervals as required by the federal  motor  carrier
safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the

A. 1934                             6

code of federal regulations relating to medical certification and  in  a
manner  prescribed by the commissioner. For purposes of this section and
sections five hundred three, five hundred ten-a, and five hundred ten-aa
of  this  title,  the  terms  "medical certificate" and "medical certif-
ication" shall mean a form substantially in compliance with the form set
in Part 391.43(h) of title 49 of the code of federal regulations. Upon a
determination that the holder of a commercial driver's license has  made
any  false  statement, with respect to the application for such license,
the commissioner shall revoke such license.
  S 8. Paragraph (a) of subdivision 1 of section 504 of the vehicle  and
traffic  law,  as separately amended by chapters 568 and 639 of the laws
of 2006, is amended to read as follows:
  (a) Every license or renewal thereof shall  contain  a  distinguishing
mark  and adequate space upon which THE LICENSEE MAY RECORD THE DONATION
OF an anatomical gift OF THEIR  ORGAN,  TISSUE  OR  BRAIN,  pursuant  to
[section] SECTIONS forty-three hundred ten AND FORTY-THREE HUNDRED ELEV-
EN  of  the  public  health law, [by the licensee shall be recorded] and
shall contain such other information and shall be issued in such form as
the commissioner shall determine; provided, however,  every  license  or
renewal  thereof  issued  to  a person under the age of twenty-one years
shall have prominently imprinted upon it the statement "UNDER  21  YEARS
OF AGE" in notably distinctive print or format; provided further, howev-
er,  every  license  or  renewal  thereof  issued  to a person making an
anatomical gift shall have prominently printed upon the  front  of  such
license  or renewal thereof the statement "ORGAN DONOR" OR "BRAIN DONOR"
in notably distinctive print  or  format.  The  commissioner  shall  not
require  fees  for  the issuance of such licenses or renewals thereof to
persons under twenty-one years of age or to persons making an anatomical
gift which are different from the fees  required  for  the  issuance  of
licenses  or renewals thereof to persons twenty-one years of age or over
or to persons not making an anatomical gift.
  S 9. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law; provided, however, that the amendments to paragraph
(b) of subdivision 3 of section 490 of the vehicle and traffic law  made
by  section  four  of this act shall take effect on the same date and in
the same manner as chapter 487  of  the  laws  of  2012,  takes  effect;
provided,  however,  that  section  six of this act shall take effect on
October 3, 2013; and provided further that section  seven  of  this  act
shall take effect on October 3, 2016.