NY State Senate Bill 2019-S5972

Archive: Last Bill Status - In Senate Committee Transportation Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
May 16, 2019	referred to transportation

2019-S5972 (ACTIVE) - Details

See Assembly Version of this Bill:: A1089
Current Committee:: Senate 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
2015-2016: A449
2017-2018: A2178
2021-2022: S1487, A1542
2023-2024: S1460, A771

2019-S5972 (ACTIVE) - Summary

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

2019-S5972 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5972

SPONSOR: SERRANO
 
TITLE OF BILL:  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

 
PURPOSE:

This bill amends the information that may be listed on an application
for a driver's license or non-driver identification cards, regarding
whether an individual has executed an advance directive.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections one, two, three, four, and five make concurring amends to the
vehicle and traffic law relating to information that may be listed on an
application for a driver's license or non-driver identification card,
regarding whether an individual has executed an advanced directive.

Section six amends paragraph (a) of subdivision 1 of section 504 of the

vehicle and traffic law.

Section seven sets forth the effective date.

 
JUSTIFICATION:

Advance directives, such as health care proxies or living wills, are
written instructions given by individuals specifying what medical care
they wish to receive, or abstain from receiving, should they become
unable to make such decisions in the future. These orders ensure that
patients' wishes about treatment are known and followed if they cannot
speak for themselves due to incapacitating illness or injury.

All New Yorkers should be made aware of their ability to execute advance
directives. By adding a question on the application for a driver's
license or non-driver identification cards, regarding whether an indi-
vidual has executed an advance directive, New York can raise awareness
about advance directives. Nothing in this legislation would require an
individual to complete an advance directive. Rather, it would simply ask
applicants if they have completed a health care proxy or living will.
All individuals in good health should consider preparing an advance
directive in case of sudden accident or illness.

 
LEGISLATIVE HISTORY:

2017-18:S.1094-A- Referred to Transportation
2017-18:A.2178-Referred to Transportation
2015-16:A.449-A -Referred to Transportation;S.2581-A -Reported to
Finance
2013-14:A.7792-Referred to Transportation

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect immediately; provided, however (a) the
amendments to subdivision 2 of section 490 of the vehicle and traffic
law made by section one of this act shall be subject to the expiration
and the 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, 2020.

2019-S5972 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5972
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed 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.  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 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 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.
   § 2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02505-01-9

 S. 5972                             2
 
   (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 commis-
 sioner 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.
   §  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. 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

 S. 5972                             3
 
 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.
   § 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. 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

 S. 5972                             4
 
 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
 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

 S. 5972                             5
 
 to  the application for such license, the commissioner shall revoke such
 license.
   §  5. 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.
   § 6. This act shall take effect immediately; provided,  however,  that
 section three of this act shall take effect on the one hundred eightieth
 day after it shall have become a law, and section four of this act shall
 take effect October 3, 2022.

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Senate Bill S5972

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S5972 (ACTIVE) - Details

2019-S5972 (ACTIVE) - Summary

2019-S5972 (ACTIVE) - Sponsor Memo

2019-S5972 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5972

Share this bill

Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S5972 (ACTIVE) - Details

2019-S5972 (ACTIVE) - Summary

2019-S5972 (ACTIVE) - Sponsor Memo

2019-S5972 (ACTIVE) - Bill Text download pdf

Comments