S T A T E O F N E W Y O R K
________________________________________________________________________
7954
2019-2020 Regular Sessions
I N A S S E M B L Y
May 29, 2019
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to presumed
consent to organ and tissue donation; and to repeal certain provisions
of such law relating to licensure of drivers
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, the third undesig-
nated paragraph as amended by chapter 248 of the laws of 2016, 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11725-01-9
A. 7954 2
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] MODIFY THE IDENTIFICATION
CARD APPLICATION AND RENEWAL PROCESS TO ADVISE ALL APPLICANTS THAT, AT
THE TIME OF APPLYING FOR OR RENEWING AN IDENTIFICATION CARD, THE APPLI-
CANT SHALL BE DEEMED TO HAVE CONSENTED TO ANATOMICAL DONATION OF HIS OR
HER ORGANS AND TISSUE UPON THE DETERMINATION OF THE APPLICANT'S LEGAL
DEATH, UNLESS THE APPLICANT EXPRESSLY ELECTS NOT TO BE AN ORGAN AND
TISSUE DONOR. THE COMMISSIONER SHALL PROVIDE THE FOLLOWING STATEMENT AND
INSTRUCTIONS AT THE TIME OF APPLICATION OR RENEWAL OF AN APPLICANT'S
IDENTIFICATION CARD:
YOU ARE AUTOMATICALLY DEEMED TO HAVE CONSENTED TO BEING AN ORGAN
AND TISSUE DONOR AND THIS DESIGNATION WILL APPEAR ON YOUR IDEN-
TIFICATION CARD. IF YOU DO NOT WANT TO BE CONSIDERED AN ORGAN
AND TISSUE DONOR, YOU MUST ELECT TO NOT BE INCLUDED ON THE ORGAN
DONOR REGISTRY BY INSERTING YOUR INITIALS ON THE LINE BELOW.
_______ AT THIS TIME, I DO NOT WISH TO BE INCLUDED ON THE ORGAN
DONOR REGISTRY.
UNLESS AN APPLICANT RESPONDS THAT HE OR SHE DOES NOT WANT TO BE
CONSIDERED A POSSIBLE ORGAN AND TISSUE DONOR, THE APPLICANT WILL BE
DEEMED TO HAVE CONSENTED TO ORGAN AND TISSUE DONATION. THE CONSENT IS
SUFFICIENT TO SATISFY ALL REQUIREMENTS NECESSARY TO EVIDENCE THE APPLI-
CANT'S CONSENT TO ANATOMICAL DONATION OF THE APPLICANT'S ORGANS AND
TISSUE. THE COMMISSIONER SHALL ADVISE EACH APPLICANT WHO DID NOT OPT OUT
OF ORGAN AND TISSUE DONATION THAT THE APPLICANT'S NAME SHALL BE TRANS-
MITTED TO THE NEW YORK STATE DONATE LIFE REGISTRY FOR ORGAN, EYE AND
TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC
HEALTH LAW, AND THAT THE APPLICANT SHALL NOTIFY THE FEDERALLY DESIGNATED
ORGAN PROCUREMENT ORGANIZATION OF ANY CHANGES TO THE APPLICANT'S
DONATION. 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.
§ 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 487 of the laws of 2012, is REPEALED.
§ 3. Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 465 of the laws of 2012, the third undesignated para-
graph as amended by chapter 248 of the laws of 2016, 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. THE COMMISSIONER
SHALL PROVIDE SPACE SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON
SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED
FORCES. In addition, the commissioner also shall require that the appli-
cant 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 applica-
tion in clear and conspicuous type:
A. 7954 3
"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] MODIFY THE DRIVER'S
LICENSE APPLICATION AND RENEWAL PROCESS TO ADVISE ALL APPLICANTS THAT,
AT THE TIME OF APPLYING FOR OR RENEWING A DRIVER'S LICENSE CARD, THE
APPLICANT SHALL BE DEEMED TO HAVE CONSENTED TO ANATOMICAL DONATION OF
HIS OR HER ORGANS AND TISSUE UPON THE DETERMINATION OF THE APPLICANT'S
LEGAL DEATH, UNLESS THE APPLICANT EXPRESSLY ELECTS NOT TO BE AN ORGAN
AND TISSUE DONOR. THE COMMISSIONER SHALL PROVIDE THE FOLLOWING STATEMENT
AND INSTRUCTIONS AT THE TIME OF APPLICATION OR RENEWAL OF A DRIVER'S
LICENSE.
YOU ARE AUTOMATICALLY DEEMED TO HAVE CONSENTED TO BEING AN ORGAN
AND TISSUE DONOR AND THIS DESIGNATION WILL APPEAR ON YOUR DRIV-
ER'S LICENSE. IF YOU DO NOT WANT TO BE CONSIDERED AN ORGAN AND
TISSUE DONOR, YOU MUST ELECT TO NOT BE INCLUDED ON THE ORGAN
DONOR REGISTRY BY INSERTING YOUR INITIALS ON THE LINE BELOW.
_____ AT THIS TIME, I DO NOT WISH TO BE INCLUDED ON THE ORGAN
DONOR REGISTRY.
UNLESS AN APPLICANT RESPONDS THAT HE OR SHE DOES NOT WANT TO BE
CONSIDERED A POSSIBLE ORGAN AND TISSUE DONOR, THE APPLICANT WILL BE
DEEMED TO HAVE CONSENTED TO ORGAN AND TISSUE DONATION. THE CONSENT IS
SUFFICIENT TO SATISFY ALL REQUIREMENTS NECESSARY TO EVIDENCE THE APPLI-
CANT'S CONSENT TO ANATOMICAL DONATION OF THE APPLICANT'S ORGANS AND
TISSUE. THE COMMISSIONER SHALL ADVISE EACH APPLICANT WHO DID NOT OPT OUT
OF ORGAN AND TISSUE DONATION THAT THE APPLICANT'S NAME SHALL BE TRANS-
MITTED TO THE NEW YORK STATE DONATE LIFE REGISTRY FOR ORGAN, EYE AND
TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC
HEALTH LAW, AND THAT THE APPLICANT SHALL NOTIFY THE FEDERALLY DESIGNATED
ORGAN PROCUREMENT ORGANIZATION OF ANY CHANGES TO THE APPLICANT'S
DONATION. 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 commer-
cial motor vehicle, as set forth in public law 99-570, title XII, and
title 49 of the code of federal regulations, and all regulations promul-
gated by the United States secretary of transportation under the hazard-
ous 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 regu-
lations 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
A. 7954 4
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 deter-
mination 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. This act shall take effect on the one hundred eightieth day after
it shall have become a law.