S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7954
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT  to  amend  the vehicle and traffic law, in relation to presumed
   consent to organ and tissue donation; and to repeal certain provisions
   of such law relating to licensure of drivers

   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  248  of the laws of 2016, 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
 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

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

                                                            LBD11725-01-9

 A. 7954                             2

 in the donate life registry, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public health law]  MODIFY  THE  IDENTIFICATION
 CARD  APPLICATION  AND RENEWAL PROCESS TO ADVISE ALL APPLICANTS THAT, AT
 THE TIME OF APPLYING FOR OR RENEWING AN IDENTIFICATION CARD, THE  APPLI-
 CANT  SHALL BE DEEMED TO HAVE CONSENTED TO ANATOMICAL DONATION OF HIS OR
 HER ORGANS AND TISSUE UPON THE DETERMINATION OF  THE  APPLICANT'S  LEGAL
 DEATH,  UNLESS  THE  APPLICANT  EXPRESSLY  ELECTS NOT TO BE AN ORGAN AND
 TISSUE DONOR. THE COMMISSIONER SHALL PROVIDE THE FOLLOWING STATEMENT AND
 INSTRUCTIONS AT THE TIME OF APPLICATION OR  RENEWAL  OF  AN  APPLICANT'S
 IDENTIFICATION CARD:
         YOU ARE AUTOMATICALLY DEEMED TO HAVE CONSENTED TO BEING AN ORGAN
         AND  TISSUE DONOR AND THIS DESIGNATION WILL APPEAR ON YOUR IDEN-
         TIFICATION CARD. IF YOU DO NOT WANT TO BE  CONSIDERED  AN  ORGAN
         AND TISSUE DONOR, YOU MUST ELECT TO NOT BE INCLUDED ON THE ORGAN
         DONOR REGISTRY BY INSERTING YOUR INITIALS ON THE LINE BELOW.
         _______  AT THIS TIME, I DO NOT WISH TO BE INCLUDED ON THE ORGAN
         DONOR REGISTRY.
   UNLESS AN APPLICANT RESPONDS THAT HE  OR  SHE  DOES  NOT  WANT  TO  BE
 CONSIDERED  A  POSSIBLE  ORGAN  AND  TISSUE DONOR, THE APPLICANT WILL BE
 DEEMED TO HAVE CONSENTED TO ORGAN AND TISSUE DONATION.  THE  CONSENT  IS
 SUFFICIENT  TO SATISFY ALL REQUIREMENTS NECESSARY TO EVIDENCE THE APPLI-
 CANT'S CONSENT TO ANATOMICAL DONATION  OF  THE  APPLICANT'S  ORGANS  AND
 TISSUE. THE COMMISSIONER SHALL ADVISE EACH APPLICANT WHO DID NOT OPT OUT
 OF  ORGAN  AND TISSUE DONATION THAT THE APPLICANT'S NAME SHALL BE TRANS-
 MITTED TO THE NEW YORK STATE DONATE LIFE REGISTRY  FOR  ORGAN,  EYE  AND
 TISSUE  DONATIONS  UNDER  SECTION  FORTY-THREE HUNDRED TEN OF THE PUBLIC
 HEALTH LAW, AND THAT THE APPLICANT SHALL NOTIFY THE FEDERALLY DESIGNATED
 ORGAN  PROCUREMENT  ORGANIZATION  OF  ANY  CHANGES  TO  THE  APPLICANT'S
 DONATION.    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.
   § 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 465 of the laws of 2012, the third undesignated para-
 graph as amended by chapter 248 of the laws of 2016, 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.  THE  COMMISSIONER
 SHALL  PROVIDE  SPACE  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, the commissioner also shall require that the appli-
 cant  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  applica-
 tion in clear and conspicuous type:

 A. 7954                             3

   "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, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  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] MODIFY THE DRIVER'S
 LICENSE  APPLICATION  AND RENEWAL PROCESS TO ADVISE ALL APPLICANTS THAT,
 AT THE TIME OF APPLYING FOR OR RENEWING A  DRIVER'S  LICENSE  CARD,  THE
 APPLICANT  SHALL  BE  DEEMED TO HAVE CONSENTED TO ANATOMICAL DONATION OF
 HIS OR HER ORGANS AND TISSUE UPON THE DETERMINATION OF  THE  APPLICANT'S
 LEGAL  DEATH,  UNLESS  THE APPLICANT EXPRESSLY ELECTS NOT TO BE AN ORGAN
 AND TISSUE DONOR. THE COMMISSIONER SHALL PROVIDE THE FOLLOWING STATEMENT
 AND INSTRUCTIONS AT THE TIME OF APPLICATION OR  RENEWAL  OF  A  DRIVER'S
 LICENSE.
        YOU  ARE AUTOMATICALLY DEEMED TO HAVE CONSENTED TO BEING AN ORGAN
        AND TISSUE DONOR AND THIS DESIGNATION WILL APPEAR ON  YOUR  DRIV-
        ER'S  LICENSE.   IF YOU DO NOT WANT TO BE CONSIDERED AN ORGAN AND
        TISSUE DONOR, YOU MUST ELECT TO NOT  BE  INCLUDED  ON  THE  ORGAN
        DONOR REGISTRY BY INSERTING YOUR INITIALS ON THE LINE BELOW.
        _____  AT  THIS  TIME,  I DO NOT WISH TO BE INCLUDED ON THE ORGAN
        DONOR REGISTRY.
   UNLESS AN APPLICANT RESPONDS THAT HE  OR  SHE  DOES  NOT  WANT  TO  BE
 CONSIDERED  A  POSSIBLE  ORGAN  AND  TISSUE DONOR, THE APPLICANT WILL BE
 DEEMED TO HAVE CONSENTED TO ORGAN AND TISSUE DONATION.  THE  CONSENT  IS
 SUFFICIENT  TO SATISFY ALL REQUIREMENTS NECESSARY TO EVIDENCE THE APPLI-
 CANT'S CONSENT TO ANATOMICAL DONATION  OF  THE  APPLICANT'S  ORGANS  AND
 TISSUE. THE COMMISSIONER SHALL ADVISE EACH APPLICANT WHO DID NOT OPT OUT
 OF  ORGAN  AND TISSUE DONATION THAT THE APPLICANT'S NAME SHALL BE TRANS-
 MITTED TO THE NEW YORK STATE DONATE LIFE REGISTRY  FOR  ORGAN,  EYE  AND
 TISSUE  DONATIONS  UNDER  SECTION  FORTY-THREE HUNDRED TEN OF THE PUBLIC
 HEALTH LAW, AND THAT THE APPLICANT SHALL NOTIFY THE FEDERALLY DESIGNATED
 ORGAN  PROCUREMENT  ORGANIZATION  OF  ANY  CHANGES  TO  THE  APPLICANT'S
 DONATION.    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  commer-
 cial  motor  vehicle,  as set forth in public law 99-570, title XII, and
 title 49 of the code of federal regulations, and all regulations promul-
 gated by the United States secretary of transportation under the hazard-
 ous 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 regu-
 lations 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

 A. 7954                             4
 
 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  deter-
 mination  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. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.