Senate Bill S3892

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3892
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER,  GALLIVAN  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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 REPEALED and a new subdivision 1 is added to read as follows: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.
              

                                                            LBD01704-01-9

 S. 3892                             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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
 THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION  FORTY-
 THREE  HUNDRED  ONE  OF  THE  PUBLIC  HEALTH LAW. 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 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  INFORMA-
 TION 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. 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. 3892                             3
 
   § 5. Section 1-104 of the election law is  amended  by  adding  a  new
 subdivision 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.
   § 6. 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.
   § 7. 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
 and four of this act when the current stock of forms have been depleted.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.