S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4932
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 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 to
   repeal 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:
   §  101-D.  BONE MARROW DONOR CONTACT INFORMATION.  THE NATIONAL MARROW
 DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS, CONTACT
 TELEPHONE NUMBER AND WEBSITE ADDRESS.
   § 2. Section 490 of the vehicle and traffic law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. IN ADDITION TO THE PROVISION OF SUBDIVISION TWO OF THIS  SECTION,
 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.
   § 3. 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 REPEALED and a new subdivision 1 is added to read as follows: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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07565-02-7

 A. 4932                             2
 
 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.
 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.
   §  4.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 added by section three 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

 A. 4932                             3
 
 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
 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.
   § 5. 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.
   § 6. Section 1-104 of the election law is  amended  by  adding  a  new
 subdivision 38 to read as follows:

 A. 4932                             4
 
   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.
   § 7. 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.
   § 8. 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  and five of this act when the current stock  of  forms  have  been
 depleted.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall  have become law; provided, however, that section four of this
 act shall take effect October 3, 2018. Effective immediately, the  addi-
 tion,  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.