S T A T E   O F   N E W   Y O R K
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                                  5343

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK, LAVINE, JAFFEE, TITONE -- Multi-Sponsored
  by  --  M.  of A. COOK, GALEF, MARKEY -- 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.
                                                           LBD03067-01-5

              

A. 5343                             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. 5343                             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 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 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 an 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 distinguishing mark which are
different from fees that would otherwise 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 identification 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 5. 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:

A. 5343                             4

  "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
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 6. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
added by section five 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:

A. 5343                             5

  "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
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  7. 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

A. 5343                             6

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 8. This act shall take effect on the thirtieth day  after  it  shall
have  become a law; provided however, that section six of this act shall
take effect on October 3, 2016.