NY State Assembly Bill 2015-A449A

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2016	print number 449a
Mar 11, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation
Jan 07, 2015	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2015-A449 - Details

See Senate Version of this Bill:: S2581
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490, 502 & 504, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7792
2017-2018: A2178, S1094
2019-2020: A1089
2021-2022: A1542
2023-2024: A771

2015-A449 - Summary

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

2015-A449 - Bill Text download pdf

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

                                   449

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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:

  Section  1.  Subdivision  2  of section 490 of the vehicle and traffic
law, as amended by chapter 465 of the laws of 2012, is amended  to  read
as follows:
  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.  The  commissioner  shall  ensure  that  space  is
provided on the application so that  the  applicant  shall  register  or
decline  registration  in  the donate life registry for organ and tissue
donations pursuant to section forty-three  hundred  ten  of  the  public
health  law and that the following is 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  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.  Where  an

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

                                                           LBD04232-01-5

A. 449                              2

applicant  has previously consented to make an anatomical gift or regis-
tered 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 SO THAT  THE  APPLICANT  SHALL  INDICATE  A  DECLARATION
RELATING  TO  THE DESIGNATION OF A HEALTH CARE PROXY PURSUANT TO SECTION
TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH  LAW  AND  THAT  THE
FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH
CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY  A
SPACE FOR THE HEALTH CARE AGENT'S NAME.
  THE  COMMISSIONER  SHALL  ALSO  ENSURE  THAT  SPACE IS PROVIDED ON THE
APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION  RELATING
TO  THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED
IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A  LIVING
WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE  COMMISSIONER  SHALL  MAKE  WHATEVER  PROVISIONS  ARE FEASIBLE AND
DESIRABLE  TO  MAINTAIN  AND  ISSUE  ALL  SUITABLE  DOCUMENTS  REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES.
  S  2.  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:
  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 SO THAT THE APPLICANT  SHALL  INDI-
CATE  A  DECLARATION  RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY
PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC  HEALTH
LAW AND THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE:
"YOU  MUST  FILL  OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH
CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY  A
SPACE FOR THE HEALTH CARE AGENT'S NAME.
  THE  COMMISSIONER  SHALL  ALSO  ENSURE  THAT  SPACE IS PROVIDED ON THE
APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION  RELATING
TO  THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED
IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A  LIVING
WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE  COMMISSIONER  SHALL  MAKE  WHATEVER  PROVISIONS  ARE FEASIBLE AND
DESIRABLE  TO  MAINTAIN  AND  ISSUE  ALL  SUITABLE  DOCUMENTS  REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES.
  S  3.  Subparagraph (b) of subdivision 3 of section 490 of the vehicle
and traffic law, as amended by chapter 429  of  the  laws  of  2014,  is
amended to read as follows:
  (b)  The  identification card shall contain a distinguishing number or
mark and adequate space upon which an anatomical gift, pursuant to arti-
cle forty-three of the public health law, A DECLARATION  RELATING  TO  A
HEALTH CARE PROXY, PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF
THE  PUBLIC  HEALTH  LAW,  AND  A  DECLARATION  RELATING  TO  THE USE OF
LIFE-SUSTAINING TREATMENTS by the  holder  may  be  recorded  and  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

A. 449                              3

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 an honor-
able discharge or was  released  therefrom  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 veter-
an  distinguishing  mark which are different from fees that would other-
wise be required. Provided, however, that notwithstanding the provisions
of section four hundred ninety-one of  this  article,  the  commissioner
shall  not require any fees for the duplication or amendment of an iden-
tification card prior to its renewal if such  duplication  or  amendment
was  solely  for  the purpose of adding a veteran distinguishing mark to
such identification card.
  S 4. 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. ELIGIBILITY
FOR A DRIVER'S LICENSE SHALL NOT BE CONDITIONED ON  A  PARTICULAR  IMMI-
GRATION  STATUS.  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 WHERE SUCH APPLICANT
IS  A LEGAL IMMIGRANT 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  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. WHERE AN
APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR  REGIS-
TERED  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

A. 449                              4

FORCES.    ADDITIONALLY,  THE  COMMISSIONER  SHALL  ENSURE THAT SPACE IS
PROVIDED ON THE APPLICATION SO  THAT  THE  APPLICANT  SHALL  INDICATE  A
DECLARATION  RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY PURSUANT
TO  SECTION  TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW AND
THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A  HEALTH
CARE  PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY A
SPACE FOR THE HEALTH CARE AGENT'S NAME.
  THE COMMISSIONER SHALL ALSO ENSURE  THAT  SPACE  IS  PROVIDED  ON  THE
APPLICATION  SO THAT THE APPLICANT SHALL INDICATE A DECLARATION RELATING
TO THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS  TYPED
IN CLEAR AND CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A LIVING
WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE COMMISSIONER SHALL  MAKE  WHATEVER  PROVISIONS  ARE  FEASIBLE  AND
DESIRABLE  TO  MAINTAIN  AND  ISSUE  ALL  SUITABLE  DOCUMENTS  REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES. 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 TRANS-
PORTATION 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
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. Eligibility
for a driver's license shall not be conditioned on  a  particular  immi-
gration  status.  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 where such applicant
is  a  legal  immigrant  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'."

A. 449                              5

  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. Where an
applicant has previously consented to make an anatomical gift or  regis-
tered  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 commissioner  shall  ensure  that  space  is
provided  on  the  application  so  that  the applicant shall indicate a
declaration relating to the designation of a health care proxy  pursuant
to  section  twenty-nine hundred eighty-one of the public health law and
that the following is typed in clear and conspicuous type:
  "You must fill out the following section: Have you completed a  health
care  proxy? Check box for 'yes' or 'skip this question'." Followed by a
space for the health care agent's name.
  The commissioner shall also ensure  that  space  is  provided  on  the
application  so that the applicant shall indicate a declaration relating
to the use of life-sustaining treatment and that the following is  typed
in clear and conspicuous type:
  "You  must fill out the following section: Have you completed a living
will? Check box for 'yes' or 'skip this question'."
  The commissioner shall  make  whatever  provisions  are  feasible  and
desirable  to  maintain  and  issue  all  suitable  documents  regarding
advanced directives at driver's license examining offices. 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 trans-
portation 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
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. 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  an  anatomical  gift,  pursuant  to
section  forty-three hundred ten of the public health law, by the licen-
see shall be recorded and shall contain such other information and shall

A. 449                              6

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, however,  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"  in  notably  distinctive  print or format; PROVIDED THAT
EVERY LICENSE SHALL HAVE IMPRINTED ON THE BACK "DESIGNATED  HEALTH  CARE
AGENT:" FOLLOWED BY A SPACE FOR THE HEALTH CARE AGENT'S NAME AND CONTACT
INFORMATION;   AND  PROVIDED  FURTHER  THAT  EVERY  LICENSE  SHALL  HAVE
IMPRINTED ON THE BACK "EXECUTED DECLARATION RELATING TO  LIFE-SUSTAINING
TREATMENT:"  FOLLOWED  BY  A  SPACE TO MARK THE APPROPRIATE BOX "YES" OR
"NO".  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 7. This act shall take effect immediately; provided,  however,  that
the  amendments to subdivision 2 of section 490 of the vehicle and traf-
fic law made by section one of this act shall  be subject to the expira-
tion 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 two of this act shall take effect; and provided further  that
section  four of this act shall take effect on the one hundred eightieth
day after it shall have become a law, and section five of this act shall
take effect October 3, 2016.

co-Sponsors

2015-A449A (ACTIVE) - Details

See Senate Version of this Bill:: S2581
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490, 502 & 504, rpld §502 sub 1, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7792
2017-2018: A2178, S1094
2019-2020: A1089
2021-2022: A1542
2023-2024: A771

2015-A449A (ACTIVE) - Summary

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

2015-A449A (ACTIVE) - Bill Text download pdf

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

                                 449--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ROSENTHAL, SKOUFIS -- read once and referred to
  the Committee on Transportation -- recommitted  to  the  Committee  on
  Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. Subdivision 2 of section 490 of  the  vehicle  and  traffic
law,  as  amended by chapter 465 of the laws of 2012, the third undesig-
nated paragraph as amended by chapter  405  of  the  laws  of  2015,  is
amended to read as follows:
  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.  The  commissioner  shall  ensure  that  space  is
provided on the application so that  the  applicant  shall  register  or
decline  registration  in  the donate life registry for organ and tissue
donations pursuant to section forty-three  hundred  ten  of  the  public
health  law and that the following is 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

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

                                                           LBD04232-03-6

A. 449--A                           2

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 SO THAT  THE  APPLICANT
SHALL  INDICATE  A  DECLARATION  RELATING TO THE DESIGNATION OF A HEALTH
CARE PROXY PURSUANT TO SECTION TWENTY-NINE  HUNDRED  EIGHTY-ONE  OF  THE
PUBLIC HEALTH LAW AND THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICU-
OUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH
CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY  A
SPACE FOR THE HEALTH CARE AGENT'S NAME.
  THE  COMMISSIONER  SHALL  ALSO  ENSURE  THAT  SPACE IS PROVIDED ON THE
APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION  RELATING
TO  THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED
IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A  LIVING
WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE  COMMISSIONER  SHALL  MAKE  WHATEVER  PROVISIONS  ARE FEASIBLE AND
DESIRABLE  TO  MAINTAIN  AND  ISSUE  ALL  SUITABLE  DOCUMENTS  REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES.
  S  2.  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:
  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 SO THAT THE APPLICANT  SHALL  INDI-
CATE  A  DECLARATION  RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY
PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC  HEALTH
LAW AND THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE:
"YOU  MUST  FILL  OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH
CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY  A
SPACE FOR THE HEALTH CARE AGENT'S NAME.
  THE  COMMISSIONER  SHALL  ALSO  ENSURE  THAT  SPACE IS PROVIDED ON THE
APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION  RELATING
TO  THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED
IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A  LIVING
WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE  COMMISSIONER  SHALL  MAKE  WHATEVER  PROVISIONS  ARE FEASIBLE AND
DESIRABLE  TO  MAINTAIN  AND  ISSUE  ALL  SUITABLE  DOCUMENTS  REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES.
  S  3.  Subparagraph (b) of subdivision 3 of section 490 of the vehicle
and traffic law, as amended by chapter 429  of  the  laws  of  2014,  is
amended to read as follows:
  (b)  The  identification card shall contain a distinguishing number or
mark and adequate space upon which an anatomical gift, pursuant to arti-
cle forty-three of the public health law, A DECLARATION  RELATING  TO  A
HEALTH CARE PROXY, PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF

A. 449--A                           3

THE  PUBLIC  HEALTH  LAW,  AND  A  DECLARATION  RELATING  TO  THE USE OF
LIFE-SUSTAINING TREATMENTS by the  holder  may  be  recorded  and  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  an  honor-
able  discharge  or  was  released  therefrom 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 veter-
an distinguishing mark which are different from fees that  would  other-
wise be required. Provided, however, that notwithstanding the provisions
of  section  four  hundred  ninety-one of this article, the commissioner
shall not require any fees for the duplication or amendment of an  iden-
tification  card  prior  to its renewal if such duplication or amendment
was solely for the purpose of adding a veteran  distinguishing  mark  to
such identification card.
  S  4.  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. ELIGIBILITY
FOR  A  DRIVER'S  LICENSE SHALL NOT BE CONDITIONED ON A PARTICULAR IMMI-
GRATION STATUS. 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 WHERE SUCH APPLICANT
IS A LEGAL IMMIGRANT 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  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.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-

A. 449--A                           4

TERED 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  COMMISSIONER  SHALL  ENSURE THAT SPACE IS
PROVIDED ON THE APPLICATION SO  THAT  THE  APPLICANT  SHALL  INDICATE  A
DECLARATION  RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY PURSUANT
TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH  LAW  AND
THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH
CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY  A
SPACE FOR THE HEALTH CARE AGENT'S NAME.
  THE  COMMISSIONER  SHALL  ALSO  ENSURE  THAT  SPACE IS PROVIDED ON THE
APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION  RELATING
TO  THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED
IN CLEAR AND CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A  LIVING
WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE  COMMISSIONER  SHALL  MAKE  WHATEVER  PROVISIONS  ARE FEASIBLE AND
DESIRABLE  TO  MAINTAIN  AND  ISSUE  ALL  SUITABLE  DOCUMENTS  REGARDING
ADVANCED  DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES. 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  TRANS-
PORTATION  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
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. Eligibility
for  a  driver's  license shall not be conditioned on a particular immi-
gration status. 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 where such applicant
is a legal immigrant 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

A. 449--A                           5

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  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. Where an
applicant has previously consented to make an anatomical gift or  regis-
tered  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 commissioner  shall  ensure  that  space  is
provided  on  the  application  so  that  the applicant shall indicate a
declaration relating to the designation of a health care proxy  pursuant
to  section  twenty-nine hundred eighty-one of the public health law and
that the following is typed in clear and conspicuous type:
  "You must fill out the following section: Have you completed a  health
care  proxy? Check box for 'yes' or 'skip this question'." Followed by a
space for the health care agent's name.
  The commissioner shall also ensure  that  space  is  provided  on  the
application  so that the applicant shall indicate a declaration relating
to the use of life-sustaining treatment and that the following is  typed
in clear and conspicuous type:
  "You  must fill out the following section: Have you completed a living
will? Check box for 'yes' or 'skip this question'."
  The commissioner shall  make  whatever  provisions  are  feasible  and
desirable  to  maintain  and  issue  all  suitable  documents  regarding
advanced directives at driver's license examining offices. 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 trans-
portation 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
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.

A. 449--A                           6

  S  6. 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  an  anatomical  gift,  pursuant  to
section  forty-three hundred ten of the public health law, by the licen-
see 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, however,  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"  in  notably  distinctive  print or format; PROVIDED THAT
EVERY LICENSE SHALL HAVE IMPRINTED ON THE BACK "DESIGNATED  HEALTH  CARE
AGENT:" FOLLOWED BY A SPACE FOR THE HEALTH CARE AGENT'S NAME AND CONTACT
INFORMATION;   AND  PROVIDED  FURTHER  THAT  EVERY  LICENSE  SHALL  HAVE
IMPRINTED ON THE BACK "EXECUTED DECLARATION RELATING TO  LIFE-SUSTAINING
TREATMENT:"  FOLLOWED  BY  A  SPACE TO MARK THE APPROPRIATE BOX "YES" OR
"NO".  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 7. This act shall take effect immediately; provided,  however,  that
the  amendments to subdivision 2 of section 490 of the vehicle and traf-
fic law made by section one of this act shall  be subject to the expira-
tion 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 two of this act shall take effect; and provided further  that
section  four of this act shall take effect on the one hundred eightieth
day after it shall have become a law, and section five of this act shall
take effect October 3, 2017.

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Assembly Bill A449A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2015-A449 - Details

2015-A449 - Summary

2015-A449 - Bill Text download pdf

co-Sponsors

2015-A449A (ACTIVE) - Details

2015-A449A (ACTIVE) - Summary

2015-A449A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A449A

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

James Skoufis

2015-A449 - Details

2015-A449 - Summary

2015-A449 - Bill Text download pdf

co-Sponsors

James Skoufis

2015-A449A (ACTIVE) - Details

2015-A449A (ACTIVE) - Summary

2015-A449A (ACTIVE) - Bill Text download pdf

Comments