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

                                  9865

                          I N  A S S E M B L Y

                            February 4, 2010
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law and the public  health  law,
  in relation to organ donation

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

  Section 1. 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  in]  OPT-OUT  OF the New York state organ and
tissue donor registry under  section  forty-three  hundred  ten  of  the
public health law. IF THE APPLICANT DOES NOT DECLINE TO BE REGISTERED IN
THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY THEY WILL BE AUTOMAT-
ICALLY  ENROLLED.  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 transportation 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 commis-
sioner shall revoke such license.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15737-01-0

              

A. 9865                             2

  S 2. Subdivision 1 of section  4301  of  the  public  health  law,  as
amended  by  chapter  348  of  the  laws  of 2009, is amended to read as
follows:
  1.  Any individual of sound mind and eighteen years of age or more may
give all or any part of his or her body for  any  purpose  specified  in
section forty-three hundred two of this article, the gift to take effect
upon  death.  In any case where the donor has properly executed an organ
donor card, [driver's license authorization to make an anatomical gift,]
HAS CHOSEN NOT TO OPT-OUT OF THE NEW YORK STATE ORGAN AND  TISSUE  DONOR
REGISTRY  ON A DRIVER'S LICENSE APPLICATION pursuant to paragraph (a) of
subdivision one of section five hundred four of the vehicle and  traffic
law,  registered  in  the New York state organ and tissue donor registry
under section forty-three hundred ten of this article, or has  otherwise
given  written authorization for organ or tissue donation, authorization
for donation shall not be rescinded by an objection by a member  of  any
of  the  classes  specified in paragraphs (a) through (h) of subdivision
two of this section, except upon a showing that the  donor  revoked  the
authorization.
  S 3. This act shall take effect immediately.