S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10374--A

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by  M. of A. BRODSKY, CONTE -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law and the public  health  law,
  in  relation to implementing the "New York state organ donor awareness
  and education act"

  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
article 19-C to read as follows:
                              ARTICLE 19-C
                  NEW YORK STATE ORGAN DONOR AWARENESS
                            AND EDUCATION ACT
SECTION 509-AA. SHORT TITLE.
        509-BB. DRIVER'S LICENSE IDENTIFICATION AND INFORMATION.
        509-CC. VEHICLE REGISTRATION.
        509-DD. LIFE PASS IT ON TRUST FUND.
        509-EE. RULES AND REGULATIONS.
  S 509-AA. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "NEW YORK STATE ORGAN DONOR AWARENESS AND EDUCATION ACT".
  S 509-BB. DRIVER'S LICENSE  IDENTIFICATION  AND  INFORMATION.  1.  ALL
PERSONS WHO ARE APPLYING FOR A DRIVER'S LICENSE OR REGISTERING ANY VEHI-
CLE  MUST  BE VERBALLY ADVISED THAT THEY HAVE THE OPTION TO JOIN THE NEW
YORK STATE ORGAN AND TISSUE REGISTRY KNOWN AS DONATE LIFE N.Y. REGISTRY.
LICENSES AND REGISTRATIONS SHALL NOT  BE  ISSUED  UNLESS  THE  APPLICANT
COMPLETES THE PORTION OF THE APPLICATION THAT EXPRESSLY DEALS WITH ORGAN
AND TISSUE DONATION.
  2. THE LANGUAGE ON THE APPLICATION SHALL GIVE THE APPLICANT THE OPTION
TO:
  (A) ADD THEIR NAME TO THE DONOR REGISTRY;
  (B) DECLINE ENROLLMENT IN THE REGISTRY AT THIS TIME; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16390-03-0
              

A. 10374--A                         2

  (C)  MAKE  A  TWO  DOLLAR  CONTRIBUTION  TO  SUPPORT  ORGAN AND TISSUE
DONATION IN NEW YORK STATE, TO BE DEPOSITED IN  THE  "LIFE  PASS  IT  ON
TRUST FUND."
  3.  THE FOLLOWING TEXT SHALL APPEAR BELOW THE OPTIONS LISTED IN SUBDI-
VISION TWO OF THIS SECTION, IN A PROMINENT LOCATION,  AND  WITH  NOTABLY
DISTINCTIVE PRINT OR FORMAT:
  "MARKING  'YES'  ADDS  YOUR  NAME TO THE DONATE LIFE REGISTRY AND THIS
  INFORMATION WILL BE DISPLAYED  ON  YOUR  LICENSE.  IF  YOU  REGISTERED
  PREVIOUSLY,  CHECK 'YES' TO HAVE YOUR ENROLLMENT STATUS APPEAR ON YOUR
  LICENSE OR ID CARD EVEN IF YOU HAVE REGISTERED  PREVIOUSLY.    IF  YOU
  WISH  TO  REMOVE YOUR NAME FROM THE REGISTRY, YOU MUST CONTACT THE NEW
  YORK STATE DEPARTMENT OF HEALTH".
THE CURRENT CONTACT INFORMATION  FOR  THE  DONATE  LIFE  N.Y.  REGISTRY,
INCLUDING  ITS  MAILING ADDRESS AND WEBSITE, MUST ALSO APPEAR AT THE END
OF SUCH TEXT.
  4. IN ADDITION, THE  FOLLOWING  TEXT  SHALL  APPEAR  ADJACENT  TO  THE
LANGUAGE  PROVIDED  IN SUBDIVISION THREE OF THIS SECTION, IN A PROMINENT
LOCATION AND WITH NOTABLY DISTINCTIVE PRINT  OR  FORMAT;  PROVIDED  ALSO
THAT  THE TITLE OF THIS DISCLOSURE SHALL ALSO BE IN BOLD TYPE AND OTHER-
WISE DISTINCT FROM THE LANGUAGE CONTAINED HEREIN:
  ORGAN DONOR CONSENT STATEMENT: IF ON THIS FORM  YOU  MARKED  'YES'  TO
  REGISTER AS AN ORGAN AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE
  RECOVERY  OF  ANY  AND  ALL ORGANS AND/OR TISSUES IN THE EVENT OF YOUR
  DEATH.  IF YOU WISH TO DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES  YOU
  MUST  SPECIFY  THOSE  IN  THE SPACE PROVIDED BELOW.   REGISTERING AS A
  DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN ANY WAY.  AS  OUTLINED
  IN  S 4301 OF THE NEW YORK STATE PUBLIC HEALTH LAW, YOUR AUTHORIZATION
  IS LEGALLY BINDING, AND, UNLESS THE DONOR IS UNDER AGE 18, YOUR  DECI-
  SION  DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON. FOR REGISTERED
  DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE FINAL  DONATION
  DECISION.  A SPACE MUST BE PROVIDED FOR SPECIFIC ANATOMICAL GIFTS.
  5. THE DEPARTMENT SHALL PROVIDE ADDITIONAL INFORMATION, INCLUDING, BUT
NOT LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITER-
ATURE  AT  ALL PLACES WHERE INDIVIDUALS CAN APPLY FOR A DRIVER'S LICENSE
PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS TITLE AND THE DEPARTMENT OF
MOTOR VEHICLES OFFICIAL WEBSITE FOR THE PURPOSE OF EDUCATING THE  PUBLIC
ABOUT ORGAN AND TISSUE DONATION.
  S 509-CC. VEHICLE REGISTRATION. THE DEPARTMENT SHALL PROVIDE AN APPLI-
CANT  FOR  A  RENEWAL  VEHICLE  REGISTRATION  THE  OPPORTUNITY TO MAKE A
CONTRIBUTION OF TWO DOLLARS TO THE NEW YORK STATE "LIFE PASS IT ON TRUST
FUND." THE CONTRIBUTION SHALL BE ADDED TO THE REGULAR FEE FOR A  RENEWAL
OF A VEHICLE REGISTRATION. ONE CONTRIBUTION MAY BE MADE FOR EACH RENEWAL
VEHICLE  REGISTRATION.  CONTRIBUTIONS  SHALL BE USED EXCLUSIVELY FOR THE
PURPOSES DESCRIBED IN SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS
ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
THE DEPARTMENT SHALL DETERMINE, QUARTERLY, THE TOTAL  AMOUNT  DESIGNATED
UNDER  THIS  SECTION  AND  SHALL  REPORT  THAT AMOUNT TO THE STATE COMP-
TROLLER, WHO SHALL TRANSFER THAT AMOUNT TO THE "LIFE PASS  IT  ON  TRUST
FUND."
  S  509-DD.  LIFE  PASS IT ON TRUST FUND. ALL CONTRIBUTIONS RECEIVED BY
THE DEPARTMENT UNDER THIS ARTICLE SHALL BE DEPOSITED INTO THE "LIFE PASS
IT ON TRUST FUND" AS ESTABLISHED IN SECTION NINETY-FIVE-D OF  THE  STATE
FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO
THOUSAND  THREE AND ARE TO BE USED FOR THE PURPOSES OF PUBLIC EDUCATION,
AND TO IMPROVE AND PROMOTE THE DONATE LIFE N.Y. REGISTRY.

A. 10374--A                         3

  S 509-EE. RULES AND  REGULATIONS.  THE  COMMISSIONER  SHALL  IMPLEMENT
RULES  AND  REGULATIONS  TO  EFFECTUATE  THE  PURPOSES  OF THIS ARTICLE,
INCLUDING PROVISIONS TO ENSURE THE COMPLIANCE OF ELECTRONIC  SUBMISSIONS
AND  APPLICATIONS  FOR LICENSE AND VEHICLE REGISTRATION AND RENEWAL WITH
THIS ARTICLE.
  S 2.  Section 4303 of the public health law is amended by adding a new
subdivision 6 to read as follows:
  6. FOR ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE, THE DONOR WILL BE
PRESUMED  TO  MAKE  A  DONATION OF ANY AND ALL ORGANS AND TISSUES.  THIS
PRESUMPTION SHALL APPLY TO ANATOMICAL GIFTS MADE  PURSUANT  TO  ARTICLES
NINETEEN AND NINETEEN-C OF THE VEHICLE AND TRAFFIC LAW. THIS PRESUMPTION
SHALL NOT APPLY WHEN:
  (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO
GIFT  SPECIFIC ORGANS AND/OR TISSUES. AN EXPRESS GIFT OF SPECIFIC ORGANS
SHALL DEFEAT THE PRESUMPTION OF THIS SECTION  EVEN  IN  THE  ABSENCE  OF
LANGUAGE THAT IS NOT OTHERWISE INCONSISTENT WITH THIS SECTION;
  (B) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION TO DONATE LIFE
N.Y.   REGISTRY.   ANY  COMMUNICATION,  INCLUDING  WRITTEN,  ORAL,  SIGN
LANGUAGE,  ELECTRONIC  OR  OTHERWISE,  THAT  CONTRADICTS  OR   OTHERWISE
CONFLICTS  WITH  THE  PRESUMPTION OF THIS SECTION SHALL BE SUFFICIENT TO
OVERCOME THE PRESUMPTION OF THIS SECTION;
  (C) THE DONOR REVOKES HIS OR HER GIFT;
  (D) THE DONOR IS UNDER THE AGE OF EIGHTEEN, IN WHICH CASE THE  DONOR'S
LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION;
  (E)  THE  GIFT IS MADE PURSUANT TO ARTICLES NINETEEN AND NINETEEN-C OF
THE VEHICLE AND TRAFFIC LAW AND THE DONOR HAS LISTED A SPECIFIC ORGAN OR
ORGANS AND/OR TISSUE OR TISSUES. ANY MARK MADE ON THE DONOR'S LICENSE OR
VEHICLE REGISTRATION OR THE DONOR'S APPLICATION FOR LICENSE OR REGISTRA-
TION OR APPLICATION FOR RENEWAL OF LICENSE OR  REGISTRATION  THAT  INDI-
CATES  THE  DONOR  INTENDS  TO  MAKE  A SPECIFIC GIFT OF ORGAN OR ORGANS
AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION;
  (F) THE DONATION IS PROHIBITED BY SECTION FORTY-THREE HUNDRED SEVEN OF
THIS ARTICLE.
  S 3. This act shall take effect January 1, 2011.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10374--B

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by  M.  of A. BRODSKY, CONTE, P. RIVERA, LATIMER, SKARTADOS,
  ORTIZ, ROSENTHAL, HOYT, CAHILL, KOON, CUSICK, JAFFEE, CASTRO,  HOOPER,
  BING,  GALEF,  SPANO,  JEFFRIES, MAISEL, JOHN, HYER-SPENCER, MURRAY --
  Multi-Sponsored by  --  M.  of  A.  ALFANO,  BALL,  BARCLAY,  BURLING,
  CALHOUN, GIGLIO, LUPARDO, McENENY, McKEVITT, M. MILLER, MILLMAN, MOLI-
  NARO,  NOLAN,  PHEFFER,  QUINN, SAYWARD, SWEENEY, TOBACCO, TOWNSEND --
  read once and referred to the Committee on Transportation -- recommit-
  ted to the Committee on Transportation  in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, the state finance  law  and
  the public health law, in relation to implementing the "New York state
  organ donor awareness and education act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title. This act shall be known and may be  cited  as
the "New York State Organ Donor Awareness and Education Act."
  S  2.  Paragraph b of subdivision 1 of  section 401 of the vehicle and
traffic law, as amended by chapter 222 of the laws of 1996,  is  amended
to read as follows:
  b.  Every  owner  of a motor vehicle which shall be operated or driven
upon the public highways  of  this  state  shall,  except  as  otherwise
expressly  provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any  agent  of  the
commissioner,  constituted  as  provided in this chapter, an application
for registration addressed to the commissioner, and on  a  blank  to  be
prepared  under  the  direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the  motor  vehicle
to be registered, including the name and factory number of such vehicle,
and  such  other facts as the commissioner shall require; (b) the weight
of the vehicle upon which the registration fee is based if  the  fee  is
based  on  weight;  (c)  the name and residence, including county of the

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

                                                           LBD16390-07-0

A. 10374--B                         2

owner of such motor vehicle; (C-1) WITH RESPECT TO VEHICLES  SUBJECT  TO
REGISTRATION  PURSUANT  TO  SUBDIVISION SIX, PARAGRAPH ONE OF SCHEDULE B
AND SCHEDULE C OF SUBDIVISION SEVEN OF THIS SECTION, SPACE ON THE APPLI-
CATION  AND  RENEWAL  APPLICATION TO ENABLE THE APPLICANT TO REGISTER OR
DECLINE REGISTRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY PURSUANT
TO SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH  LAW,  AS  INDI-
CATED  BY CHECKING "YES" OR "NO" TO REGISTRATION IN SUCH REGISTRY; SPACE
FOR THE APPLICANT'S SIGNATURE WITHIN A DESIGNATED  AREA  (SEPARATE  FROM
THE  FINAL SIGNATURE CERTIFYING THE VALIDITY OF THE INFORMATION PROVIDED
IN THE OVERALL APPLICATION FOR REGISTRATION); AND WITH SPACE FOR SPECIF-
IC ANATOMICAL GIFTS, WITH  THE FOLLOWING STATEMENT IN CLEAR, CONSPICUOUS
AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR CONSENT STATEMENT: IF
ON THIS FORM YOU MARKED "YES" TO REGISTER AS AN ORGAN AND TISSUE  DONOR,
YOU  ARE  LEGALLY  AUTHORIZING THE RECOVERY OF ANY AND ALL ORGANS AND/OR
TISSUES IN THE EVENT OF YOUR DEATH AND YOUR NAME WILL BE  ADDED  TO  THE
NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO DONATE ONLY SPECIFIC
ORGANS  AND/OR  TISSUES  YOU  MUST  SPECIFY  THOSE IN THE SPACE PROVIDED
BELOW.  REGISTERING AS A DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN
ANY WAY. AS OUTLINED IN S 4301 OF THE NEW YORK STATE PUBLIC HEALTH  LAW,
YOUR AUTHORIZATION IS LEGALLY BINDING AND, UNLESS THE DONOR IS UNDER AGE
18,  YOUR DECISION DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON. FOR
REGISTERED DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE  FINAL
DONATION  DECISION.";  (C-2)  THE CERTIFICATE OF REGISTRATION OR RENEWAL
SHALL NOT BE ISSUED UNLESS THE APPLICANT COMPLETES THE  PORTION  OF  THE
APPLICATION  THAT  EXPRESSLY DEALS WITH THE ORGAN AND TISSUE DONATION BY
EITHER REGISTERING OR DECLINING TO REGISTER IN THE NEW YORK STATE DONATE
LIFE REGISTRY BY MARKING EITHER THE "YES" OR "NO" BOX ON THE APPLICATION
AND SEPARATELY SIGNING; (C-3) DECLINING TO ENROLL IN THE NEW YORK  STATE
DONATE  LIFE  REGISTRY UNDER THIS SECTION SHALL BE DEEMED A SHOWING THAT
THE DONOR HAS REVOKED THE AUTHORIZATION PURSUANT TO SUBDIVISION  ONE  OF
SECTION  FORTY-THREE  HUNDRED  ONE  OF  THE PUBLIC HEALTH LAW, WHICH THE
COMMISSIONER SHALL IMMEDIATELY REPORT TO THE DEPARTMENT OF  HEALTH;  (d)
provided  that,  if such motor vehicle is used or to be used as an omni-
bus, the applicant also shall so certify, and in the case of an  omnibus
also  certify  as  to  the seating capacity, and if the omnibus is to be
operated wholly within a municipality pursuant to a franchise other than
a franchise express or implied in articles of incorporation upon certain
streets designated in such franchise, those facts shall also  be  certi-
fied,  and  a  certified copy of such franchise furnished to the commis-
sioner; (e) provided, that, if such motor vehicle is an altered  livery,
the  applicant  shall  so  furnish a certified copy of the length of the
center panel of such vehicle, provided, however, that  the  commissioner
shall  require  such  proof,  as  he  may determine is necessary, in the
application for registration and provided further, if the  center  panel
of  such  vehicle  exceeds  one  hundred  inches, the commissioner shall
require proof that such vehicle is in  compliance  with  all  applicable
federal  and  state  motor  vehicle safety standards; and (f) such addi-
tional facts or evidence as the commissioner may require  in  connection
with  the  application  for registration. Every owner of a trailer shall
also make application for the registration thereof in the manner  herein
provided  for  an  application  to  register  a motor vehicle, but shall
contain a statement showing the manufacturer's number or other identifi-
cation satisfactory to the commissioner and no number plate for a trail-
er issued under the provisions of  subdivision  three  of  section  four
hundred  two  of  this  chapter shall be transferred to or used upon any
other trailer than the one for which number plate is issued. The commis-

A. 10374--B                         3

sioner shall require proof, in  the  application  for  registration,  or
otherwise,  as  such  commissioner may determine, that the motor vehicle
for which registration is applied for is equipped with lights conforming
in  all respects to the requirements of this chapter, and no motor vehi-
cle shall be registered unless it shall appear by such proofs that  such
motor  vehicle  is  equipped  with  proper lights as aforesaid. The said
application shall contain or be accompanied  by  such  evidence  of  the
ownership  of  the  motor vehicle described in the application as may be
required by the commissioner or his agent and which, with respect to new
vehicles, shall include, unless otherwise specifically provided  by  the
commissioner,  the  manufacturer's  statement  of  origin.  Applications
received by an agent of the  commissioner  shall  be  forwarded  to  the
commissioner as he shall direct for filing. No application for registra-
tion shall be accepted unless the applicant is at least sixteen years of
age.
  S  3.  Subdivision  3 of section 401 of the vehicle and traffic law is
amended by adding a new paragraph e to read as follows:
  E. IN PROCESSING ANY APPLICATION FOR A CERTIFICATE OF REGISTRATION  OF
RENEWAL  THEREOF  PURSUANT  TO  THIS  ARTICLE OR TO TITLE ELEVEN OF THIS
CHAPTER, THE COMMISSIONER SHALL PROVIDE  APPLICANTS  WITH  INFORMATIONAL
MATERIALS  DESCRIBING  ORGAN  AND  TISSUE  DONATION,  THE NEW YORK STATE
DONATE LIFE REGISTRY  FOR  ORGAN  AND  TISSUE  DONATIONS  (WITH  CURRENT
CONTACT  INFORMATION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE
ADDRESSES), AND THE "LIFE PASS IT ON"  TRUST  FUND.  SUCH  INFORMATIONAL
MATERIALS SHALL BE DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY
THEREAFTER.
  S  4.  Paragraph  a of subdivision 3 of section 401 of the vehicle and
traffic law, as amended by section 1 of part H of chapter 59 of the laws
of 2009, is amended to read as follows:
  a. Upon filing of such application and the payment of the fee  herein-
after  provided,  the  commissioner shall assign to such motor vehicle a
distinctive number and, without expense  to  the  applicant,  issue  and
deliver  in  such  manner  as the commissioner may select to the owner a
certificate of registration, in such  form  as  the  commissioner  shall
prescribe, and two number plates at a place within the state of New York
named  by the applicant in his or her application.  EVERY CERTIFICATE OF
REGISTRATION ISSUED FOR A VEHICLE REGISTERED PURSUANT TO SUBDIVISION SIX
OR PARAGRAPH ONE OF SCHEDULE B AND SCHEDULE C OF  SUBDIVISION  SEVEN  OF
THIS SECTION TO A PERSON MAKING AN ANATOMICAL GIFT SHALL HAVE PROMINENT-
LY PRINTED UPON THE FRONT OF SUCH CERTIFICATE OF REGISTRATION OR RENEWAL
THEREOF  THE  STATEMENT  "ORGAN  DONOR'  IN NOTABLY DISTINCTIVE PRINT OR
FORMAT. THE COMMISSIONER SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF SUCH
REGISTRATION OR RENEWAL THEREOF TO PERSONS  MAKING  AN  ANATOMICAL  GIFT
WHICH ARE DIFFERENT FROM THE FEES REQUIRED FOR THE ISSUANCE OF REGISTRA-
TIONS  OR  RENEWALS  THEREOF TO PERSONS NOT MAKING AN ANATOMICAL GIFT. A
number plate, within the meaning of this chapter, may, in the discretion
of the commissioner, be a plate of  a  permanent  nature,  treated  with
reflectorized  material  according  to  specifications prescribed by the
commissioner, and with a date tag attached to such plate or to the vehi-
cle as prescribed by regulations  of  the  commissioner  indicating  the
validity of the plate during a certain period and the issuance of such a
number  plate  with  such  date tag to a person possessing such a number
plate shall be deemed the issuance of a number plate. An additional fee,
not to exceed twenty-five dollars, shall be  paid  to  the  commissioner
whenever  a set of reflectorized number plates is issued for any vehicle
for which a registration fee  is  normally  charged  except  that,  with

A. 10374--B                         4

respect  to  any  number  plate  which  is specifically requested by the
applicant, such fee shall be paid to the commissioner upon  approval  of
such request. In the event of the loss, mutilation or destruction of any
certificate  of  registration,  any number plate or set of number plates
whether with or without a date tag or tags, or any date tag  or  set  of
date  tags provided for in this article, the owner of a registered motor
vehicle may file such statement and proof of the facts  as  the  commis-
sioner  shall require, with a fee of three dollars, in the office of the
commissioner, or, unless and  until  the  commissioner  shall  otherwise
direct,  in  the  office of the agent who issued the certificate, plate,
plates, tag or tags and the commissioner or his or  her  agent,  as  the
case may be, shall issue a duplicate or substitute. It shall be the duty
of  every  owner  holding  a  certificate  of registration to notify the
commissioner in writing of any change of residence of such person within
ten days after such change occurs, and to inscribe on such  certificate,
in  the  place  provided by the commissioner, a record of such change of
residence.
  S 5. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 20 to read as follows:
  20. THE COMMISSIONER IS DIRECTED TO DEVELOP  REGISTRATION  APPLICATION
AND  RENEWAL  FORMS  WHICH SHALL SOLICIT A VOLUNTARY TWO DOLLAR DONATION
FROM PERSONS APPLYING FOR OR RENEWING A VEHICLE REGISTRATION AT THE TIME
OF SUCH APPLICATION OR RENEWAL. OF MONIES  COLLECTED  PURSUANT  TO  THIS
SUBDIVISION,  THE  FIRST  ONE  HUNDRED  FIFTY  THOUSAND DOLLARS SHALL BE
RETAINED BY THE DEPARTMENT TO OFFSET ITS INITIAL PROGRAM COSTS.   SUBSE-
QUENTLY,  FIVE PERCENT OF ANY MONIES COLLECTED PURSUANT TO THIS SUBDIVI-
SION SHALL BE RETAINED BY THE DEPARTMENT FOR  CONTINUING  ADMINISTRATIVE
COSTS.  THE REMAINDER OF SUCH MONIES COLLECTED PURSUANT TO THIS SUBDIVI-
SION SHALL BE DEPOSITED IN THE "LIFE PASS IT ON" TRUST FUND  ESTABLISHED
PURSUANT  TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY
CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
  S 6. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, 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. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  OR  DECLINE REGISTRATION in the New York state
organ and tissue donor registry under section forty-three hundred ten of
the public health law, AS INDICATED BY CHECKING "YES" OR "NO" TO  REGIS-
TRATION  IN SUCH REGISTRY TOGETHER WITH THE APPLICANT'S SIGNATURE WITHIN
A DESIGNATED AREA (SEPARATE FROM  THE  FINAL  SIGNATURE  CERTIFYING  THE
VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION) TOGETH-
ER  WITH SPACE FOR SPECIFIC ANATOMICAL GIFTS AND THE FOLLOWING STATEMENT
IN CLEAR, CONSPICUOUS AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR
CONSENT STATEMENT: IF ON THIS FORM YOU MARKED "YES" TO  REGISTER  AS  AN
ORGAN  AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY
AND ALL ORGANS AND/OR TISSUES IN THE EVENT OF YOUR DEATH AND  YOUR  NAME
WILL BE ADDED TO THE NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO
DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE

A. 10374--B                         5

SPACE  PROVIDED  BELOW.    REGISTERING  AS  A DONOR WILL NOT AFFECT YOUR
MEDICAL TREATMENT IN ANY WAY. AS OUTLINED IN S  4301  OF  THE  NEW  YORK
STATE  PUBLIC  HEALTH  LAW,  YOUR  AUTHORIZATION IS LEGALLY BINDING AND,
UNLESS  THE  DONOR  IS  UNDER AGE 18, YOUR DECISION DOES NOT REQUIRE THE
CONSENT OF ANY OTHER PERSON. FOR REGISTERED DONORS  UNDER  AGE  18,  THE
LEGAL  GUARDIAN  SHALL MAKE THE FINAL DONATION DECISION." THE LICENSE OR
RENEWAL THEREOF SHALL NOT BE ISSUED UNLESS THE APPLICANT  COMPLETES  THE
PORTION  OF  THE  APPLICATION  THAT  EXPRESSLY  DEALS WITH THE ORGAN AND
TISSUE DONATION BY EITHER REGISTERING OR DECLINING TO  REGISTER  IN  THE
NEW  YORK STATE DONATE LIFE REGISTRY BY MARKING EITHER THE "YES" OR "NO"
BOX ON THE APPLICATION AND SEPARATELY SIGNING. DECLINING  TO  ENROLL  IN
THE  NEW  YORK  STATE  DONATE  LIFE REGISTRY UNDER THIS SECTION SHALL BE
DEEMED A SHOWING THAT THE DONOR HAS REVOKED THE  AUTHORIZATION  PURSUANT
TO SUBDIVISION ONE OF S 4301 OF THE PUBLIC HEALTH LAW, WHICH THE COMMIS-
SIONER  SHALL  IMMEDIATELY  REPORT TO THE DEPARTMENT OF HEALTH. In addi-
tion, 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. 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.
  S  7.  Subdivision 5 of section 508 of the vehicle and traffic law, as
added by chapter 570 of the laws of 2006, is amended to read as follows:
  5. The commissioner is directed to  develop  license  application  and
renewal  forms which shall solicit a voluntary [one] TWO dollar donation
from persons applying for or renewing a driver's license at the time  of
such application or renewal. Of monies collected pursuant to this subdi-
vision,  the  first one hundred fifty thousand dollars shall be retained
by the department to offset its initial program  costs.    Subsequently,
five  percent of any monies collected pursuant to this subdivision shall
be retained by the department for continuing administrative  costs.  The
remainder of such monies collected pursuant to this subdivision shall be
deposited  in  the  life  pass  it on trust fund established pursuant to
section ninety-five-d of the state finance law, as added by chapter four
hundred fifteen of the laws of two thousand three.
  S 8. Section 508 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
  6. IN PROCESSING ANY APPLICATION FOR A  DRIVER'S  LICENSE  OR  RENEWAL
THEREOF PURSUANT TO THIS ARTICLE OR TO TITLE ELEVEN OF THIS CHAPTER, THE
COMMISSIONER  SHALL  PROVIDE  APPLICANTS  WITH  INFORMATIONAL  MATERIALS
DESCRIBING ORGAN AND TISSUE DONATION, THE NEW  YORK  STATE  DONATE  LIFE
REGISTRY  FOR  ORGAN AND TISSUE DONATIONS (WITH CURRENT CONTACT INFORMA-
TION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE ADDRESSES), AND
THE "LIFE PASS IT ON" TRUST FUND. SUCH INFORMATIONAL MATERIALS SHALL  BE
DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY THEREAFTER.
  S  9. Subdivision 2 of section 95-d of the state finance law, as added
by chapter 415 of the laws of 2003, is amended to read as follows:
  2. Such fund shall consist of all revenues received  pursuant  to  the
provisions  of  SUBDIVISION  TWENTY OF SECTION FOUR HUNDRED ONE, section
four hundred four-u, AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED  EIGHT
of  the vehicle and traffic law and all other moneys appropriated, cred-
ited, or transferred thereto from any other fund or source  pursuant  to

A. 10374--B                         6

law.  Nothing  contained  in  this  section shall prevent the state from
receiving grants, gifts or bequests for the  purposes  of  the  fund  as
defined  in  this section and depositing them into the fund according to
law.
  S  10.  Subdivision  2  of  section  4310 of the public health law, as
amended by chapter 362 of the laws  of  2008,  is  amended  to  read  as
follows:
  2. Such registration of consent to make an anatomical gift can be made
through  (a)  indication  made  on  the application or renewal form of a
license OR VEHICLE REGISTRATION, (b) indication  made  on  a  non-driver
identification  card  application  or renewal form, (c) enrolling in the
registry website maintained by the department, (d) indication made on  a
voter registration form pursuant to subdivision five of section 5-210 of
the  election  law,  or  (e)  through any other method identified by the
commissioner. The registration shall take  effect  upon  the  department
sending  written  notice  of the registration to the person enrolling in
the registry.
  S 11.  Section 4303 of the public health law is amended by adding  two
new subdivisions 6 and 7 to read as follows:
  6.  FOR  ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE OR ARTICLE FOUR-
TEEN OR ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW, THE DONOR  WILL
BE  PRESUMED  TO  MAKE  A  DONATION  OF  ANY AND ALL ORGANS AND TISSUES;
PROVIDED, HOWEVER, THAT THIS PRESUMPTION SHALL NOT APPLY WHEN:
  (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO
GIFT A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE  OR  TISSUES.  AN  EXPRESS
GIFT OF A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES SHALL DEFEAT
THE  PRESUMPTION OF THIS SECTION EVEN IN THE ABSENCE OF LANGUAGE THAT IS
NOT OTHERWISE INCONSISTENT WITH THIS SECTION;
  (B) THE DONOR HAS EXPRESSLY STATED HIS OR HER  INTENTION  TO  THE  NEW
YORK  STATE  DONATE LIFE REGISTRY. ANY COMMUNICATION, INCLUDING WRITTEN,
ORAL, SIGN LANGUAGE, ELECTRONIC OR OTHERWISE, THAT CONTRADICTS OR OTHER-
WISE CONFLICTS WITH THE PRESUMPTION OF THIS SECTION SHALL BE  SUFFICIENT
TO OVERCOME THE PRESUMPTION OF THIS SECTION;
  (C) THE DONOR REVOKES HIS OR HER GIFT;
  (D)  THE DONOR IS UNDER THE AGE OF EIGHTEEN, IN WHICH CASE THE DONOR'S
LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION;
  (E) THE GIFT IS MADE PURSUANT TO ARTICLE FOURTEEN OR NINETEEN  OF  THE
VEHICLE  AND  TRAFFIC  LAW  AND THE DONOR HAS LISTED A SPECIFIC ORGAN OR
ORGANS AND/OR TISSUE OR TISSUES. ANY MARK MADE ON THE DONOR'S LICENSE OR
VEHICLE REGISTRATION OR THE DONOR'S APPLICATION FOR LICENSE OR REGISTRA-
TION OR APPLICATION FOR RENEWAL OF LICENSE OR  REGISTRATION  THAT  INDI-
CATES  THE  DONOR  INTENDS  TO  MAKE  A SPECIFIC GIFT OF ORGAN OR ORGANS
AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION;
  (F) THE DONATION IS PROHIBITED BY SECTION FORTY-THREE HUNDRED SEVEN OF
THIS ARTICLE.
  7. THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES SHALL  PROVIDE
PRINTED  INFORMATIONAL MATERIAL TO THE GENERAL PUBLIC INCLUDING, BUT NOT
LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITERATURE
INFORMING THE GENERAL PUBLIC ABOUT ORGAN AND TISSUE  DONATION,  THE  NEW
YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS INCLUDING
CURRENT  MAILING  AND WEBSITE ADDRESSES FOR SUCH REGISTRY, AND THE "LIFE
PASS IT ON" TRUST FUND. THE COMMISSIONER SHALL MAKE  SUCH  INFORMATIONAL
MATERIALS  AVAILABLE  TO  THE  GENERAL PUBLIC AT ALL DEPARTMENT OF MOTOR
VEHICLE OFFICES, ALL COUNTY OFFICES THAT  PROVIDE  DEPARTMENT  OF  MOTOR
VEHICLE SERVICES, AND ON THE DEPARTMENT OF MOTOR VEHICLES' WEBSITE.
  S 12. This act shall take effect November 1, 2011.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10374--C

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by  M.  of A. BRODSKY, CONTE, P. RIVERA, LATIMER, SKARTADOS,
  ORTIZ, ROSENTHAL, HOYT, CAHILL, KOON, CUSICK, JAFFEE, CASTRO,  HOOPER,
  BING,  GALEF,  SPANO,  JEFFRIES,  MAISEL,  JOHN, HYER-SPENCER, MURRAY,
  TITONE -- Multi-Sponsored by  --  M.  of  A.  ALFANO,  BALL,  BARCLAY,
  BURLING, CALHOUN, GIGLIO, LUPARDO, McENENY, McKEVITT, M. MILLER, MILL-
  MAN, MOLINARO, NOLAN, PHEFFER, QUINN, SAYWARD, SWEENEY, TOBACCO, TOWN-
  SEND  --  read once and referred to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the vehicle and traffic law, the state finance law and
  the public health law, in relation to implementing the "New York state
  organ donor awareness and education act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Short title. This act shall be known and may be cited as
the "New York State Organ Donor Awareness and Education Act."
  S 2. Paragraph b of subdivision 1 of  section 401 of the  vehicle  and
traffic  law,  as amended by chapter 222 of the laws of 1996, is amended
to read as follows:
  b. Every owner of a motor vehicle which shall be  operated  or  driven
upon  the  public  highways  of  this  state  shall, except as otherwise
expressly provided, cause to be presented, by mail or otherwise, to  the
office  or  a  branch office of the commissioner, or to any agent of the
commissioner, constituted as provided in this  chapter,  an  application
for  registration  addressed  to  the commissioner, and on a blank to be
prepared under the direction of and furnished by  the  commissioner  for
that  purpose,  containing: (a) a brief description of the motor vehicle
to be registered, including the name and factory number of such vehicle,
and such other facts as the commissioner shall require; (b)  the  weight

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

                                                           LBD16390-11-0

A. 10374--C                         2

of  the  vehicle  upon which the registration fee is based if the fee is
based on weight; (c) the name and residence,  including  county  of  the
owner  of  such motor vehicle; (C-1) WITH RESPECT TO VEHICLES SUBJECT TO
REGISTRATION  PURSUANT  TO  SUBDIVISION SIX, PARAGRAPH ONE OF SCHEDULE B
AND SCHEDULE C OF SUBDIVISION SEVEN OF THIS SECTION, SPACE ON THE APPLI-
CATION AND RENEWAL APPLICATION TO ENABLE THE APPLICANT  TO  REGISTER  OR
DECLINE REGISTRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY PURSUANT
TO  SECTION  FORTY-THREE  HUNDRED TEN OF THE PUBLIC HEALTH LAW, AS INDI-
CATED BY CHECKING "YES" OR "NO" TO REGISTRATION IN SUCH REGISTRY;  SPACE
FOR  THE  APPLICANT'S  SIGNATURE WITHIN A DESIGNATED AREA (SEPARATE FROM
THE FINAL SIGNATURE CERTIFYING THE VALIDITY OF THE INFORMATION  PROVIDED
IN THE OVERALL APPLICATION FOR REGISTRATION); AND WITH SPACE FOR SPECIF-
IC ANATOMICAL GIFTS, WITH  THE FOLLOWING STATEMENT IN CLEAR, CONSPICUOUS
AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR CONSENT STATEMENT: IF
ON  THIS FORM YOU MARKED "YES" TO REGISTER AS AN ORGAN AND TISSUE DONOR,
YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY AND  ALL  ORGANS  AND/OR
TISSUES  IN  THE  EVENT OF YOUR DEATH AND YOUR NAME WILL BE ADDED TO THE
NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO DONATE ONLY SPECIFIC
ORGANS AND/OR TISSUES YOU MUST  SPECIFY  THOSE  IN  THE  SPACE  PROVIDED
BELOW.  REGISTERING AS A DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN
ANY  WAY. AS OUTLINED IN S 4301 OF THE NEW YORK STATE PUBLIC HEALTH LAW,
YOUR AUTHORIZATION IS LEGALLY BINDING AND, UNLESS THE DONOR IS UNDER AGE
18, YOUR DECISION DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON.  FOR
REGISTERED  DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE FINAL
DONATION DECISION."; (C-2) DECLINING TO ENROLL IN  THE  NEW  YORK  STATE
DONATE  LIFE REGISTRY UNDER THIS SECTION BY MARKING  THE "NO" BOX ON THE
APPLICATION AND SEPARATELY SIGNING SHALL BE DEEMED A  SHOWING  THAT  THE
DONOR  HAS  REVOKED  THE  AUTHORIZATION  PURSUANT  TO SUBDIVISION ONE OF
SECTION FORTY-THREE HUNDRED ONE OF THE  PUBLIC  HEALTH  LAW,  WHICH  THE
COMMISSIONER  SHALL  IMMEDIATELY REPORT TO THE DEPARTMENT OF HEALTH; (d)
provided that, if such motor vehicle is used or to be used as  an  omni-
bus,  the applicant also shall so certify, and in the case of an omnibus
also certify as to the seating capacity, and if the  omnibus  is  to  be
operated wholly within a municipality pursuant to a franchise other than
a franchise express or implied in articles of incorporation upon certain
streets  designated  in such franchise, those facts shall also be certi-
fied, and a certified copy of such franchise furnished  to  the  commis-
sioner;  (e) provided, that, if such motor vehicle is an altered livery,
the applicant shall so furnish a certified copy of  the  length  of  the
center  panel  of such vehicle, provided, however, that the commissioner
shall require such proof, as he  may  determine  is  necessary,  in  the
application  for  registration and provided further, if the center panel
of such vehicle exceeds  one  hundred  inches,  the  commissioner  shall
require  proof  that  such  vehicle is in compliance with all applicable
federal and state motor vehicle safety standards;  and  (f)  such  addi-
tional  facts  or evidence as the commissioner may require in connection
with the application for registration. Every owner of  a  trailer  shall
also  make application for the registration thereof in the manner herein
provided for an application to  register  a  motor  vehicle,  but  shall
contain a statement showing the manufacturer's number or other identifi-
cation satisfactory to the commissioner and no number plate for a trail-
er  issued  under  the  provisions  of subdivision three of section four
hundred two of this chapter shall be transferred to  or  used  upon  any
other trailer than the one for which number plate is issued. The commis-
sioner  shall  require  proof,  in  the application for registration, or
otherwise, as such commissioner may determine, that  the  motor  vehicle

A. 10374--C                         3

for which registration is applied for is equipped with lights conforming
in  all respects to the requirements of this chapter, and no motor vehi-
cle shall be registered unless it shall appear by such proofs that  such
motor  vehicle  is  equipped  with  proper lights as aforesaid. The said
application shall contain or be accompanied  by  such  evidence  of  the
ownership  of  the  motor vehicle described in the application as may be
required by the commissioner or his agent and which, with respect to new
vehicles, shall include, unless otherwise specifically provided  by  the
commissioner,  the  manufacturer's  statement  of  origin.  Applications
received by an agent of the  commissioner  shall  be  forwarded  to  the
commissioner as he shall direct for filing. No application for registra-
tion shall be accepted unless the applicant is at least sixteen years of
age.
  S  3.  Subdivision  3 of section 401 of the vehicle and traffic law is
amended by adding a new paragraph e to read as follows:
  E. IN PROCESSING ANY APPLICATION FOR A CERTIFICATE OF REGISTRATION  OF
RENEWAL  THEREOF  PURSUANT  TO  THIS  ARTICLE OR TO TITLE ELEVEN OF THIS
CHAPTER, THE COMMISSIONER SHALL PROVIDE  APPLICANTS  WITH  INFORMATIONAL
MATERIALS  DESCRIBING  ORGAN  AND  TISSUE  DONATION,  THE NEW YORK STATE
DONATE LIFE REGISTRY  FOR  ORGAN  AND  TISSUE  DONATIONS  (WITH  CURRENT
CONTACT  INFORMATION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE
ADDRESSES), AND THE "LIFE PASS IT ON"  TRUST  FUND.  SUCH  INFORMATIONAL
MATERIALS SHALL BE DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY
THEREAFTER.
  S  4.  Paragraph  a of subdivision 3 of section 401 of the vehicle and
traffic law, as amended by section 1 of part H of chapter 59 of the laws
of 2009, is amended to read as follows:
  a. Upon filing of such application and the payment of the fee  herein-
after  provided,  the  commissioner shall assign to such motor vehicle a
distinctive number and, without expense  to  the  applicant,  issue  and
deliver  in  such  manner  as the commissioner may select to the owner a
certificate of registration, in such  form  as  the  commissioner  shall
prescribe, and two number plates at a place within the state of New York
named  by the applicant in his or her application.  EVERY CERTIFICATE OF
REGISTRATION ISSUED FOR A VEHICLE REGISTERED PURSUANT TO SUBDIVISION SIX
OR PARAGRAPH ONE OF SCHEDULE B AND SCHEDULE C OF  SUBDIVISION  SEVEN  OF
THIS SECTION TO A PERSON MAKING AN ANATOMICAL GIFT SHALL HAVE PROMINENT-
LY PRINTED UPON THE FRONT OF SUCH CERTIFICATE OF REGISTRATION OR RENEWAL
THEREOF  THE  STATEMENT  "ORGAN  DONOR'  IN NOTABLY DISTINCTIVE PRINT OR
FORMAT. THE COMMISSIONER SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF SUCH
REGISTRATION OR RENEWAL THEREOF TO PERSONS  MAKING  AN  ANATOMICAL  GIFT
WHICH ARE DIFFERENT FROM THE FEES REQUIRED FOR THE ISSUANCE OF REGISTRA-
TIONS  OR  RENEWALS  THEREOF TO PERSONS NOT MAKING AN ANATOMICAL GIFT. A
number plate, within the meaning of this chapter, may, in the discretion
of the commissioner, be a plate of  a  permanent  nature,  treated  with
reflectorized  material  according  to  specifications prescribed by the
commissioner, and with a date tag attached to such plate or to the vehi-
cle as prescribed by regulations  of  the  commissioner  indicating  the
validity of the plate during a certain period and the issuance of such a
number  plate  with  such  date tag to a person possessing such a number
plate shall be deemed the issuance of a number plate. An additional fee,
not to exceed twenty-five dollars, shall be  paid  to  the  commissioner
whenever  a set of reflectorized number plates is issued for any vehicle
for which a registration fee  is  normally  charged  except  that,  with
respect  to  any  number  plate  which  is specifically requested by the
applicant, such fee shall be paid to the commissioner upon  approval  of

A. 10374--C                         4

such request. In the event of the loss, mutilation or destruction of any
certificate  of  registration,  any number plate or set of number plates
whether with or without a date tag or tags, or any date tag  or  set  of
date  tags provided for in this article, the owner of a registered motor
vehicle may file such statement and proof of the facts  as  the  commis-
sioner  shall require, with a fee of three dollars, in the office of the
commissioner, or, unless and  until  the  commissioner  shall  otherwise
direct,  in  the  office of the agent who issued the certificate, plate,
plates, tag or tags and the commissioner or his or  her  agent,  as  the
case may be, shall issue a duplicate or substitute. It shall be the duty
of  every  owner  holding  a  certificate  of registration to notify the
commissioner in writing of any change of residence of such person within
ten days after such change occurs, and to inscribe on such  certificate,
in  the  place  provided by the commissioner, a record of such change of
residence.
  S 5. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 20 to read as follows:
  20. THE COMMISSIONER IS DIRECTED TO DEVELOP  REGISTRATION  APPLICATION
AND  RENEWAL  FORMS  WHICH SHALL SOLICIT A VOLUNTARY TWO DOLLAR DONATION
FROM PERSONS APPLYING FOR OR RENEWING A VEHICLE REGISTRATION AT THE TIME
OF SUCH APPLICATION OR RENEWAL. OF MONIES  COLLECTED  PURSUANT  TO  THIS
SUBDIVISION,  THE  FIRST  ONE  HUNDRED  FIFTY  THOUSAND DOLLARS SHALL BE
RETAINED BY THE DEPARTMENT TO OFFSET ITS INITIAL PROGRAM COSTS.   SUBSE-
QUENTLY,  FIVE PERCENT OF ANY MONIES COLLECTED PURSUANT TO THIS SUBDIVI-
SION SHALL BE RETAINED BY THE DEPARTMENT FOR  CONTINUING  ADMINISTRATIVE
COSTS.  THE REMAINDER OF SUCH MONIES COLLECTED PURSUANT TO THIS SUBDIVI-
SION SHALL BE DEPOSITED IN THE "LIFE PASS IT ON" TRUST FUND  ESTABLISHED
PURSUANT  TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY
CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
  S 6. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, 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. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  OR  DECLINE REGISTRATION in the New York state
organ and tissue donor registry under section forty-three hundred ten of
the public health law, AS INDICATED BY CHECKING "YES" OR "NO" TO  REGIS-
TRATION  IN SUCH REGISTRY TOGETHER WITH THE APPLICANT'S SIGNATURE WITHIN
A DESIGNATED AREA (SEPARATE FROM  THE  FINAL  SIGNATURE  CERTIFYING  THE
VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION) TOGETH-
ER  WITH SPACE FOR SPECIFIC ANATOMICAL GIFTS AND THE FOLLOWING STATEMENT
IN CLEAR, CONSPICUOUS AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR
CONSENT STATEMENT: IF ON THIS FORM YOU MARKED "YES" TO  REGISTER  AS  AN
ORGAN  AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY
AND ALL ORGANS AND/OR TISSUES IN THE EVENT OF YOUR DEATH AND  YOUR  NAME
WILL BE ADDED TO THE NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO
DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE
SPACE  PROVIDED  BELOW.    REGISTERING  AS  A DONOR WILL NOT AFFECT YOUR
MEDICAL TREATMENT IN ANY WAY. AS OUTLINED IN S  4301  OF  THE  NEW  YORK

A. 10374--C                         5

STATE  PUBLIC  HEALTH  LAW,  YOUR  AUTHORIZATION IS LEGALLY BINDING AND,
UNLESS THE DONOR IS UNDER AGE 18, YOUR DECISION  DOES  NOT  REQUIRE  THE
CONSENT  OF  ANY  OTHER  PERSON. FOR REGISTERED DONORS UNDER AGE 18, THE
LEGAL  GUARDIAN  SHALL  MAKE THE FINAL DONATION DECISION."  DECLINING TO
ENROLL IN THE NEW YORK STATE DONATE LIFE REGISTRY UNDER THIS SECTION  BY
MARKING  THE "NO" BOX ON THE APPLICATION AND SEPARATELY SIGNING SHALL BE
DEEMED A SHOWING THAT THE DONOR HAS REVOKED THE  AUTHORIZATION  PURSUANT
TO SUBDIVISION ONE OF S 4301 OF THE PUBLIC HEALTH LAW, WHICH THE COMMIS-
SIONER  SHALL  IMMEDIATELY  REPORT TO THE DEPARTMENT OF HEALTH. In addi-
tion, 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. 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.
  S  7.  Subdivision 5 of section 508 of the vehicle and traffic law, as
added by chapter 570 of the laws of 2006, is amended to read as follows:
  5. The commissioner is directed to  develop  license  application  and
renewal  forms which shall solicit a voluntary [one] TWO dollar donation
from persons applying for or renewing a driver's license at the time  of
such application or renewal. Of monies collected pursuant to this subdi-
vision,  the  first one hundred fifty thousand dollars shall be retained
by the department to offset its initial program  costs.    Subsequently,
five  percent of any monies collected pursuant to this subdivision shall
be retained by the department for continuing administrative  costs.  The
remainder of such monies collected pursuant to this subdivision shall be
deposited  in  the  life  pass  it on trust fund established pursuant to
section ninety-five-d of the state finance law, as added by chapter four
hundred fifteen of the laws of two thousand three.
  S 8. Section 508 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
  6. IN PROCESSING ANY APPLICATION FOR A  DRIVER'S  LICENSE  OR  RENEWAL
THEREOF PURSUANT TO THIS ARTICLE OR TO TITLE ELEVEN OF THIS CHAPTER, THE
COMMISSIONER  SHALL  PROVIDE  APPLICANTS  WITH  INFORMATIONAL  MATERIALS
DESCRIBING ORGAN AND TISSUE DONATION, THE NEW  YORK  STATE  DONATE  LIFE
REGISTRY  FOR  ORGAN AND TISSUE DONATIONS (WITH CURRENT CONTACT INFORMA-
TION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE ADDRESSES), AND
THE "LIFE PASS IT ON" TRUST FUND. SUCH INFORMATIONAL MATERIALS SHALL  BE
DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY THEREAFTER.
  S  9. Subdivision 2 of section 95-d of the state finance law, as added
by chapter 415 of the laws of 2003, is amended to read as follows:
  2. Such fund shall consist of all revenues received  pursuant  to  the
provisions  of  SUBDIVISION  TWENTY OF SECTION FOUR HUNDRED ONE, section
four hundred four-u, AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED  EIGHT
of  the vehicle and traffic law and all other moneys appropriated, cred-
ited, or transferred thereto from any other fund or source  pursuant  to
law.  Nothing  contained  in  this  section shall prevent the state from
receiving grants, gifts or bequests for the  purposes  of  the  fund  as
defined  in  this section and depositing them into the fund according to
law.

A. 10374--C                         6

  S 10. Subdivision 2 of section 4310  of  the  public  health  law,  as
amended  by  chapter  362  of  the  laws  of 2008, is amended to read as
follows:
  2. Such registration of consent to make an anatomical gift can be made
through  (a)  indication  made  on  the application or renewal form of a
license OR VEHICLE REGISTRATION, (b) indication  made  on  a  non-driver
identification  card  application  or renewal form, (c) enrolling in the
registry website maintained by the department, (d) indication made on  a
voter registration form pursuant to subdivision five of section 5-210 of
the  election  law,  or  (e)  through any other method identified by the
commissioner. The registration shall take  effect  upon  the  department
sending  written  notice  of the registration to the person enrolling in
the registry.
  S 11.  Section 4303 of the public health law is amended by adding  two
new subdivisions 6 and 7 to read as follows:
  6.  FOR  ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE OR ARTICLE FOUR-
TEEN OR ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW, THE DONOR  WILL
BE  PRESUMED  TO  MAKE  A  DONATION  OF  ANY AND ALL ORGANS AND TISSUES;
PROVIDED, HOWEVER, THAT THIS PRESUMPTION SHALL NOT APPLY WHEN:
  (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO
GIFT A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE  OR  TISSUES.  AN  EXPRESS
GIFT OF A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES SHALL DEFEAT
THE  PRESUMPTION OF THIS SECTION EVEN IN THE ABSENCE OF LANGUAGE THAT IS
NOT OTHERWISE INCONSISTENT WITH THIS SECTION;
  (B) THE DONOR HAS EXPRESSLY STATED HIS OR HER  INTENTION  TO  THE  NEW
YORK  STATE  DONATE LIFE REGISTRY. ANY COMMUNICATION, INCLUDING WRITTEN,
ORAL, SIGN LANGUAGE, ELECTRONIC OR OTHERWISE, THAT CONTRADICTS OR OTHER-
WISE CONFLICTS WITH THE PRESUMPTION OF THIS SECTION SHALL BE  SUFFICIENT
TO OVERCOME THE PRESUMPTION OF THIS SECTION;
  (C) THE DONOR REVOKES HIS OR HER GIFT;
  (D)  THE DONOR IS UNDER THE AGE OF EIGHTEEN, IN WHICH CASE THE DONOR'S
LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION;
  (E) THE GIFT IS MADE PURSUANT TO ARTICLE FOURTEEN OR NINETEEN  OF  THE
VEHICLE  AND  TRAFFIC  LAW  AND THE DONOR HAS LISTED A SPECIFIC ORGAN OR
ORGANS AND/OR TISSUE OR TISSUES. ANY MARK MADE ON THE DONOR'S LICENSE OR
VEHICLE REGISTRATION OR THE DONOR'S APPLICATION FOR LICENSE OR REGISTRA-
TION OR APPLICATION FOR RENEWAL OF LICENSE OR  REGISTRATION  THAT  INDI-
CATES  THE  DONOR  INTENDS  TO  MAKE  A SPECIFIC GIFT OF ORGAN OR ORGANS
AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION;
  (F) THE DONATION IS PROHIBITED BY SECTION FORTY-THREE HUNDRED SEVEN OF
THIS ARTICLE.
  7. THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES SHALL  PROVIDE
PRINTED  INFORMATIONAL MATERIAL TO THE GENERAL PUBLIC INCLUDING, BUT NOT
LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITERATURE
INFORMING THE GENERAL PUBLIC ABOUT ORGAN AND TISSUE  DONATION,  THE  NEW
YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS INCLUDING
CURRENT  MAILING  AND WEBSITE ADDRESSES FOR SUCH REGISTRY, AND THE "LIFE
PASS IT ON" TRUST FUND. THE COMMISSIONER SHALL MAKE  SUCH  INFORMATIONAL
MATERIALS  AVAILABLE  TO  THE  GENERAL PUBLIC AT ALL DEPARTMENT OF MOTOR
VEHICLE OFFICES, ALL COUNTY OFFICES THAT  PROVIDE  DEPARTMENT  OF  MOTOR
VEHICLE SERVICES, AND ON THE DEPARTMENT OF MOTOR VEHICLES' WEBSITE.
  S 12. This act shall take effect November 1, 2011.