S T A T E O F N E W Y O R K
________________________________________________________________________
11589
I N A S S E M B L Y
June 29, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brodsky) --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enrollment
in the New York state donate life registry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 1 of section 401 of the vehicle
and traffic law, as amended by a chapter of the laws of 2010, amending
the vehicle and traffic law and other laws relating to implementing the
"New York state organ donor awareness and education act" as proposed in
legislative bills numbers S. 7727-A and A. 10374-C, 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
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"] "NOT AT THIS TIME" 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 specific 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17917-01-0
A. 11589 2
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"] "NOT AT THIS TIME" box on the application and
separately signing shall NOT 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] DECLINATION TO REGISTER
BUT SHALL BE CONSIDERED A DEFERRAL OF THAT DECISION; (d) provided that,
if such motor vehicle is used or to be used as an omnibus, 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 certified, and a certified
copy of such franchise furnished to the commissioner; (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 vehi-
cle, 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 additional facts or evidence as the
commissioner may require in connection with the application for regis-
tration. 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 identification satisfactory to the
commissioner and no number plate for a trailer 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 commissioner shall require
proof, in the application for registration, or otherwise, as such
commissioner may determine, that the motor vehicle for which registra-
tion is applied for is equipped with lights conforming in all respects
to the requirements of this chapter, and no motor vehicle 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 commis-
sioner 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 registration shall be accepted
unless the applicant is at least sixteen years of age.
A. 11589 3
S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by a chapter of the laws of 2010, amending the vehicle and traf-
fic law and other laws relating to implementing the "New York state
organ donor awareness and education act" as proposed in legislative
bills numbers S. 7727-A and A. 10374-C, 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 AT THIS TIME 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"] "NOT AT THIS TIME" to registration 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) together 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 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"] "NOT AT THIS
TIME" box on the application and separately signing shall NOT 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] DECLINATION
TO REGISTER BUT SHALL BE CONSIDERED A DEFERRAL OF THE DECISION. 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 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2010, amending the vehicle and traf-
fic law and other laws relating to implementing the "New York state
organ donor awareness and education act" as proposed in legislative
bills numbers S. 7727-A and A. 10374-C, takes effect.