S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    771
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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 section 97 of part PP of chapter 56 of the
 laws of 2022, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00808-01-3
 A. 771                              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  (i)  received  an
 honorable  discharge  or  was  released therefrom under honorable condi-
 tions, or (ii) has a qualifying condition, as defined in section one  of
 the  veterans' services law, and has received a discharge other than bad
 conduct or dishonorable from such service, or (iii) is a discharged LGBT
 veteran, as defined in section one of the veterans'  services  law,  and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, 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 ther-
 eof 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  notwithstand-
 ing  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 dupli-
 cation 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'."
 A. 771                              3
 
   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
 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-
 A. 771                              4
 
 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
 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
 A. 771                              5
 
 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. 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
 the amendments made to paragraph (b) of subdivision 3 of section 490  of
 the  vehicle  and traffic law made by section two of this act shall take
 effect on the same date and in the same manner as section 97 of part  PP
 of chapter 56 of the laws of 2022, takes effect; 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 provided, further, that
 section four of this act shall take effect October 3, 2026.