NY State Senate Bill 2015-S6321

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation

co-Sponsors

2015-S6321 (ACTIVE) - Details

See Assembly Version of this Bill:: A9810
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §101-d, amd §§490, 502 & 508, rpld §502 sub 1, V & T L; amd §§1-104 & 5-210, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4034, A4932
2019-2020: S3892, A744
2021-2022: A2305
2023-2024: A1211

2015-S6321 (ACTIVE) - Summary

Relates to notification of the national bone marrow program on non-driver id's and license applications and voter applications.

2015-S6321 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6321

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
election law, in relation to notification of the national bone marrow
program; and repealing certain provisions of the vehicle and traffic
law relating thereto

 PURPOSE OR GENERAL IDEA OF BILL : To better make citizens of New York
aware of the National Bone Marrow program to increase their
participation and save lives of those in need of bone marrow
transplant.

 SUMMARY OF SPECIFIC PROVISIONS : Section One - amends the Vehicle and
Traffic Law to add section 101-d to define "bone marrow donor contact
information".

Section Two - amends subdivision 2 of V&T section 490 to direct that
the Commissioner provide space on the application for a non-driver
identification card to advise applicants as to the existence of the
national bone marrow donor program.

Section Three - amends a second subdivision 2 of V&T section 490 to
direct that the Commissioner provide space on the application for a
non-driver identification card to advise applicants as to the
existence of the national bone marrow donor program.

Section Four - amends subdivision 1 of V&T section 502 to provide that
applications for driver's licenses corrects errors in current
amendments to subdivision 1 set out twice in statute because the
different amended versions cannot be put together.

Section 5 - amends subdivision 1 of section 502 as added by section 4
herein.

Section 6 - amends V&T section 508 to direct that the Commissioner
develop the license application and renewal forms and directions to
advise applicants as to the existence of the national bone marrow
donor program.

Section 7 - amends Election Law section 1-104 to add a new paragraph
38 to define "bone marrow donor contact information".

Section 8 - amends Election Law paragraph 5-210(5)(k) to add a new
(xiii) requiring applications to register to vote to advise applicants
as to the existence of the national bone marrow donor program.

Section 9 - provides that the Department of Motor Vehicles shall
revise its paper applications to conform with this bill when current
stock of forms have been depleted.

Section Four - Effective date.

 JUSTIFICATION : Bone marrow transplants can be a lifesaving
treatment.  Critical to the treatment is having a suitable donor whose
marrow will not be rejected by the patient receiving the transplant.
The best way to increase the likelihood of finding a suitable donor is
to expand the identified donor pool, and that is the purpose of the
National Bone Marrow Donor Program. Unfortunately, New York is ranked
last in organ donation, including bone marrow donation. New York
already works hard to inform New Yorkers about how they can become
organ donors, but the process for bone marrow donation is different
from that of organ donation. For bone marrow donors, their type is
identified in advance and placed in a registry which can be accessed
by health professionals looking for a matching donor for a sick
patient. This bill seeks to provide additional information to New
Yorkers when they apply to vote or make application to the Department
of Motor Vehicles in the hope that at least some of them will follow
up on the information provided and become potentially lifesaving
donors.

 PRIOR LEGISLATIVE HISTORY : New bill.

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect on the one hundred
eightieth day after it shall have become law, provided that the
amendments to subdivision 2 of V&T section 490 made by section 2 shall
be subject to the expiration and reversion of such subdivision
pursuant to section 6 of Chapter 465 of the Laws of 2012, as amended,
at which time section 3 shall take effect, and further that section 5
of the act shall take effect October 3, 2016. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

2015-S6321 (ACTIVE) - Bill Text download pdf

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

                                  6321

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and  the  election  law,  in
  relation  to  notification  of  the  national bone marrow program; and
  repealing certain provisions of the vehicle and traffic  law  relating
  thereto

  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
section 101-d to read as follows:
  S  101-D.  BONE MARROW DONOR CONTACT INFORMATION.  THE NATIONAL MARROW
DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS, CONTACT
TELEPHONE NUMBER AND WEBSITE ADDRESS.
  S 2. The third undesignated paragraph of subdivision 2 of section  490
of the vehicle and traffic law, as amended by chapter 405 of the laws of
2015, is amended to read as follows:
  The  commissioner  of  health shall not maintain records of any person
who checks "skip this question".  Except where the application  is  made
in person or electronically, 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 registered 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 TO ADVISE APPLICANTS OF
THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND TO PROVIDE, AT  A
MINIMUM,  THE  CONTACT INFORMATION FOR THIS PROGRAM AND A DESCRIPTION OF
ITS PURPOSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13107-01-5

S. 6321                             2

  S 3. 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 TO ADVISE APPLICANTS OF THE  EXIST-
ENCE  OF THE NATIONAL MARROW DONOR PROGRAM AND TO PROVIDE, AT A MINIMUM,
THE CONTACT INFORMATION FOR  THIS  PROGRAM  AND  A  DESCRIPTION  OF  ITS
PURPOSE.
  S  4.  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.    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 AND SHALL PROVIDE SPACE ON THE APPLI-
CATION 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  HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
PERSON OR ELECTRONICALLY, 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 REGISTERED 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 COMMISSION-
ER SHALL ENSURE THAT SPACE IS PROVIDED  ON  THE  APPLICATION  TO  ADVISE
APPLICANTS  OF THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND TO
PROVIDE, AT A MINIMUM, THE CONTACT INFORMATION FOR THIS  PROGRAM  AND  A
DESCRIPTION OF ITS PURPOSE.
  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. IN ADDITION, AN APPLICANT FOR A COMMERCIAL  DRIVER'S
LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED

S. 6321                             3

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.   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  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  health shall not maintain records of any person
who checks "skip this question". Except where the application is made in
person or electronically, 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 registered 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 commission-
er shall ensure that space is provided  on  the  application  to  advise
applicants  of the existence of the national marrow donor program and to
provide, at a minimum, the contact information for this  program  and  a
description of its purpose.
  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. 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

S. 6321                             4

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. Section 508 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
  6. THE COMMISSIONER IS DIRECTED TO DEVELOP THE LICENSE APPLICATION AND
RENEWAL  FORMS  AND  THE  DIRECTIONS  ACCOMPANYING THESE FORMS TO ADVISE
APPLICANTS OF THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND  TO
PROVIDE,  AT  A  MINIMUM, THE CONTACT INFORMATION FOR THIS PROGRAM AND A
DESCRIPTION OF ITS PURPOSE, AND TO FURTHER  AMEND  THE  WEBSITE  OF  THE
DEPARTMENT  TO PROVIDE NATIONAL MARROW DONOR PROGRAM CONTACT INFORMATION
AND A DESCRIPTION OF ITS PURPOSE.
  S 7. Section 1-104 of the election law is  amended  by  adding  a  new
paragraph 38 to read as follows:
  38. THE TERM "BONE MARROW CONTACT INFORMATION" SHALL MEAN THE NATIONAL
MARROW  DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS,
CONTACT TELEPHONE NUMBER AND WEBSITE ADDRESS.
  S 8. Paragraph k of subdivision 5 of section 5-210 of the election law
is amended by adding a new subparagraph (xiii) to read as follows:
  (XIII) NOTIFICATION OF THE NATIONAL BONE MARROW PROGRAM CONTACT INFOR-
MATION AND A DESCRIPTION OF ITS PURPOSE.
  S 9. Notwithstanding any other provision of law, rule or regulation to
the contrary, the department of motor vehicles shall  revise  the  paper
applications  or  renewal forms to include the information pertaining to
the national bone marrow program pursuant to sections one,  two,  three,
four, five and six of this act when the current stock of forms have been
depleted.
  S  10.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become law; provided, however, that  the  amendments
to  subdivision  2 of section 490 of the vehicle and traffic law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 6 of chapter 465 of the laws  of
2012, as amended, when upon such date the provisions of section three of
this  act  shall  take effect; and provided further that section five of
this act shall take effect October 3, 2016. Effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
to be made and completed on or before such effective date.

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Senate Bill S6321

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2015-S6321 (ACTIVE) - Details

2015-S6321 (ACTIVE) - Summary

2015-S6321 (ACTIVE) - Sponsor Memo

2015-S6321 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6321

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Patrick M. Gallivan

Martin J. Golden

2015-S6321 (ACTIVE) - Details

2015-S6321 (ACTIVE) - Summary

2015-S6321 (ACTIVE) - Sponsor Memo

2015-S6321 (ACTIVE) - Bill Text download pdf

Comments