S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4334
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  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.
              

                                                            LBD02224-01-1

 S. 4334                             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 37 of the  laws  of  2019,  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. With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, a valid, unexpired foreign passport
 issued by the applicant's country of citizenship (which  shall  also  be
 eligible  as  proof  of age), a valid, unexpired consular identification
 document issued by a consulate from the applicant's country of  citizen-
 ship, or a valid foreign driver's license that includes a photo image of
 the  applicant  and  which is unexpired or expired for less than twenty-
 four months of its date of expiration, as primary forms of  such  proof.
 Nothing  contained  in  this subdivision shall be deemed to preclude the
 commissioner from approving additional proofs of identity and age.   The
 commissioner  may  also  provide  that  the  application procedure shall

 S. 4334                             3
 
 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 applicant provide his or her social security number or, in lieu
 thereof,  with  respect  to an application for a non-commercial driver's
 license or learner's permit which does not meet  federal  standards  for
 identification, an affidavit signed by such applicant that they have not
 been  issued  a  social  security  number.  The  commissioner also 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  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,  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  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

 S. 4334                             4
 
 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
 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.