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

                                  9810

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law and  the  election  law,  in
  relation  to  notification  of  the  national bone marrow program; and
  repealing certain provisions of the vehicle and traffic  law  relating
  thereto

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 101-d to read as follows:
  S  101-D.  BONE MARROW DONOR CONTACT INFORMATION.  THE NATIONAL MARROW
DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS, CONTACT
TELEPHONE NUMBER AND WEBSITE ADDRESS.
  S 2. The third undesignated paragraph of subdivision 2 of section  490
of the vehicle and traffic law, as amended by chapter 405 of the laws of
2015, is amended to read as follows:
  The  commissioner  of  health shall not maintain records of any person
who checks "skip this question".  Except where the application  is  made
in person or electronically, 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. Where an applicant has previously consented
to make an anatomical gift or registered in the  donate  life  registry,
checking "skip this question" or failing to check a box shall not impair
that  consent  or  registration.    ADDITIONALLY, THE COMMISSIONER SHALL
ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION TO ADVISE APPLICANTS OF
THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND TO PROVIDE, AT  A
MINIMUM,  THE  CONTACT INFORMATION FOR THIS PROGRAM AND A DESCRIPTION OF
ITS PURPOSE.
  S 3. Subdivision 2 of section 490 of the vehicle and traffic  law,  as
amended  by  chapter  575  of  the  laws  of 2006, is amended to read as
follows:

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

                                                           LBD13107-01-5

A. 9810                             2

  2. Application. Any person to whom a  driver's  license  or  learner's
permit  has  not  been  issued  by  the  commissioner, or whose driver's
license or learner's permit is expired, suspended,  revoked  or  surren-
dered,  may  make application to the commissioner for the issuance of an
identification  card.   ADDITIONALLY, THE COMMISSIONER SHALL ENSURE THAT
SPACE IS PROVIDED ON THE APPLICATION TO ADVISE APPLICANTS OF THE  EXIST-
ENCE  OF THE NATIONAL MARROW DONOR PROGRAM AND TO PROVIDE, AT A MINIMUM,
THE CONTACT INFORMATION FOR  THIS  PROGRAM  AND  A  DESCRIPTION  OF  ITS
PURPOSE.
  S  4.  Subdivision  1 of section 502 of the vehicle and traffic law 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 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'."
  THE  COMMISSIONER  OF  HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
PERSON OR ELECTRONICALLY, 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. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED
TO MAKE AN ANATOMICAL GIFT OR REGISTERED IN THE  DONATE  LIFE  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. ADDITIONALLY, THE COMMISSION-
ER SHALL ENSURE THAT SPACE IS PROVIDED  ON  THE  APPLICATION  TO  ADVISE
APPLICANTS  OF THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND TO
PROVIDE, AT A MINIMUM, THE CONTACT INFORMATION FOR THIS  PROGRAM  AND  A
DESCRIPTION OF ITS PURPOSE.
  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 REGULATIONS, 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  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.

A. 9810                             3

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 DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT
TO THE APPLICATION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE  SUCH
LICENSE.
  S  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section four 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 [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'."
  The commissioner of health shall not maintain records  of  any  person
who checks "skip this question". Except where the application is made in
person  or  electronically,  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. Where an applicant has previously consented
to  make  an  anatomical gift or registered in the donate life 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. Additionally, the commission-
er  shall  ensure  that  space  is provided on the application to advise
applicants of the existence of the national marrow donor program and  to
provide,  at  a  minimum, the contact information for this program and a
description of its purpose.
  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 regulations, 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 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

A. 9810                             4

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 driver's license has made any false statement, with respect
to  the application for such license, the commissioner shall revoke such
license.
  S 6. Section 508 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
  6. THE COMMISSIONER IS DIRECTED TO DEVELOP THE LICENSE APPLICATION AND
RENEWAL FORMS AND THE DIRECTIONS  ACCOMPANYING  THESE  FORMS  TO  ADVISE
APPLICANTS  OF THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND TO
PROVIDE, AT A MINIMUM, THE CONTACT INFORMATION FOR THIS  PROGRAM  AND  A
DESCRIPTION  OF  ITS  PURPOSE,  AND  TO FURTHER AMEND THE WEBSITE OF THE
DEPARTMENT TO PROVIDE NATIONAL MARROW DONOR PROGRAM CONTACT  INFORMATION
AND A DESCRIPTION OF ITS PURPOSE.
  S  7.  Section  1-104  of  the election law is amended by adding a new
paragraph 38 to read as follows:
  38. THE TERM "BONE MARROW CONTACT INFORMATION" SHALL MEAN THE NATIONAL
MARROW DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING  ADDRESS,
CONTACT TELEPHONE NUMBER AND WEBSITE ADDRESS.
  S 8. 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) NOTIFICATION OF THE NATIONAL BONE MARROW PROGRAM CONTACT INFOR-
MATION AND A DESCRIPTION OF ITS PURPOSE.
  S 9. Notwithstanding any other provision of law, rule or regulation to
the  contrary,  the  department of motor vehicles shall revise the paper
applications or renewal forms to include the information  pertaining  to
the  national  bone marrow program pursuant to sections one, two, three,
four, five and six of this act when the current stock of forms have been
depleted.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall have become law; provided, however, that the amendments
to subdivision 2 of section 490 of the vehicle and traffic law  made  by
section two of this act shall be subject to the expiration and reversion
of  such subdivision pursuant to section 6 of chapter 465 of the laws of
2012, as amended, when upon such date the provisions of section three of
this act shall take effect; and provided further that  section  five  of
this  act  shall take effect October 3, 2016. Effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.