S T A T E O F N E W Y O R K
________________________________________________________________________
7792
2013-2014 Regular Sessions
I N A S S E M B L Y
June 4, 2013
___________
Introduced by M. of A. 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. Subdivision 2 of section 490 of the vehicle and traffic
law, as amended by chapter 465 of the laws of 2012, 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11267-01-3
A. 7792 2
tered in the donate life registry, checking "skip this question" or
failing to check a box shall not impair that consent or registration.
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.
S 2. Subdivision 2 of section 490 of the vehicle and traffic law, as
amended by chapter 575 of the laws of 2006, 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. ADDITIONALLY, THE COMMISSIONER SHALL ENSURE THAT
SPACE IS PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL INDI-
CATE 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.
S 3. Subparagraph (b) of subdivision 3 of section 490 of the vehicle
and traffic law, as amended by chapter 487 of the laws of 2012, is
amended to read as follows:
(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 TREATMENT, by the holder may be recorded and shall
contain such other information and shall be issued in such form as the
commissioner 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
A. 7792 3
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 received [on] AN
honorable discharge or was released therefrom under honorable conditions
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 thereof to persons
twenty-one years of age or over, nor fees to persons requesting a veter-
an notation which are different from fees that would otherwise be
required.
S 4. Subdivision 1 of section 502 of the vehicle and traffic law, as
separately amended by chapters 465 and 487 of the laws of 2012, 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'."
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:
A. 7792 4
"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.
S 5. Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section four 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-
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
A. 7792 5
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.
S 6. 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
A. 7792 6
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.
S 7. This act shall take effect immediately; provided, however:
(a) the amendments to subdivision 2 of section 490 of the vehicle and
traffic law made by section one of this act shall take effect on the
same date and same manner as chapter 465 of the laws of 2012 takes
effect and such amendments shall not affect the expiration of such
subdivision as provided in section 6 of such chapter when upon such date
section two of this act shall take effect;
(b) the amendments to paragraph (b) of subdivision 3 of section 490 of
the vehicle and traffic law made by section three of this act shall take
effect on the same date and same manner as chapter 487 of the laws of
2012, takes effect;
(c) section four of this act shall take effect October 3, 2013; and
(d) section five of this act shall take effect October 3, 2016.