S T A T E O F N E W Y O R K
________________________________________________________________________
4034
2017-2018 Regular Sessions
I N S E N A T E
February 2, 2017
___________
Introduced by Sens. RANZENHOFER, GALLIVAN, GOLDEN -- 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 to
repeal 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:
§ 101-D. BONE MARROW DONOR CONTACT INFORMATION. THE NATIONAL MARROW
DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS, CONTACT
TELEPHONE NUMBER AND WEBSITE ADDRESS.
§ 2. Section 490 of the vehicle and traffic law is amended by adding a
new subdivision 2-a to read as follows:
2-A. IN ADDITION TO THE PROVISION OF SUBDIVISION TWO OF THIS SECTION,
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.
§ 3. 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REPEALED and a new subdivision 1 is added to read as follows: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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07565-02-7
S. 4034 2
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
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.
§ 4. Subdivision 1 of section 502 of the vehicle and traffic law, as
added by section three 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
S. 4034 3
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
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.
§ 5. 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.
§ 6. Section 1-104 of the election law is amended by adding a new
subdivision 38 to read as follows:
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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.
§ 7. 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.
§ 8. 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 and five of this act when the current stock of forms have been
depleted.
§ 9. This act shall take effect on the one hundred eightieth day after
it shall have become law; provided, however, that section four of this
act shall take effect October 3, 2018. Effective immediately, the addi-
tion, 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.