Directs the commissioner of motor vehicles to modify applications for driver's licenses and non-driver identification cards in a manner that deems consent to organ and tissue donation unless the applicant expressly elects not to consent.
STATE OF NEW YORK
________________________________________________________________________
7954
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 2 of section 490 of the vehicle and traffic
2 law, as amended by chapter 465 of the laws of 2012, the third undesig-
3 nated paragraph as amended by chapter 248 of the laws of 2016, is
4 amended to read as follows:
5 2. Application. Any person to whom a driver's license or learner's
6 permit has not been issued by the commissioner, or whose driver's
7 license or learner's permit is expired, suspended, revoked or surren-
8 dered, may make application to the commissioner for the issuance of an
9 identification card. The commissioner shall [ensure that space is
10 provided on the application so that the applicant shall register or
11 decline registration in the donate life registry for organ and tissue
12 donations pursuant to section forty-three hundred ten of the public
13 health law and that the following is stated on the application in clear
14 and conspicuous type:
15 "You must fill out the following section: Would you like to be added
16 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
17 tion'."
18 The commissioner of health shall not maintain records of any person
19 who checks "skip this question". Except where the application is made in
20 person or electronically, failure to check a box shall not impair the
21 validity of an application, and failure to check "yes" or checking "skip
22 this question" shall not be construed to imply a wish not to donate. In
23 the case of an applicant under eighteen years of age, checking "yes"
24 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
1 in the donate life registry, except as otherwise provided pursuant to
2 the provisions of paragraph (b) of subdivision one of section forty-
3 three hundred one of the public health law] modify the identification
4 card application and renewal process to advise all applicants that, at
5 the time of applying for or renewing an identification card, the appli-
6 cant shall be deemed to have consented to anatomical donation of his or
7 her organs and tissue upon the determination of the applicant's legal
8 death, unless the applicant expressly elects not to be an organ and
9 tissue donor. The commissioner shall provide the following statement and
10 instructions at the time of application or renewal of an applicant's
11 identification card:
12 You are automatically deemed to have consented to being an organ
13 and tissue donor and this designation will appear on your iden-
14 tification card. If you do not want to be considered an organ
15 and tissue donor, you must elect to not be included on the organ
16 donor registry by inserting your initials on the line below.
17 _______ At this time, I do not wish to be included on the organ
18 donor registry.
19 Unless an applicant responds that he or she does not want to be
20 considered a possible organ and tissue donor, the applicant will be
21 deemed to have consented to organ and tissue donation. The consent is
22 sufficient to satisfy all requirements necessary to evidence the appli-
23 cant's consent to anatomical donation of the applicant's organs and
24 tissue. The commissioner shall advise each applicant who did not opt out
25 of organ and tissue donation that the applicant's name shall be trans-
26 mitted to the New York state donate life registry for organ, eye and
27 tissue donations under section forty-three hundred ten of the public
28 health law, and that the applicant shall notify the federally designated
29 organ procurement organization of any changes to the applicant's
30 donation. Where an applicant has previously consented to make an
31 anatomical gift or registered in the donate life registry, [checking
32 "skip this question" or] failing to check a box shall not impair that
33 consent or registration.
34 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
35 amended by chapter 487 of the laws of 2012, is REPEALED.
36 § 3. Subdivision 1 of section 502 of the vehicle and traffic law, as
37 amended by chapter 465 of the laws of 2012, the third undesignated para-
38 graph as amended by chapter 248 of the laws of 2016, is amended to read
39 as follows:
40 1. Application for license. Application for a driver's license shall
41 be made to the commissioner. The fee prescribed by law may be submitted
42 with such application. The applicant shall furnish such proof of identi-
43 ty, age, and fitness as may be required by the commissioner. The commis-
44 sioner may also provide that the application procedure shall include the
45 taking of a photo image or images of the applicant in accordance with
46 rules and regulations prescribed by the commissioner. The commissioner
47 shall provide space so that the applicant may request a notation upon
48 such license that he or she is a veteran of the United States armed
49 forces. In addition, the commissioner also shall require that the appli-
50 cant provide his or her social security number and shall [provide space
51 on the application so that the applicant may register in the New York
52 state organ and tissue donor registry under section forty-three hundred
53 ten of the public health law with the following stated on the applica-
54 tion in clear and conspicuous type:
A. 7954 3
1 "You must fill out the following section: Would you like to be added
2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
3 tion'."
4 The commissioner of health shall not maintain records of any person
5 who checks "skip this question". Except where the application is made in
6 person or electronically, failure to check a box shall not impair the
7 validity of an application, and failure to check "yes" or checking "skip
8 this question" shall not be construed to imply a wish not to donate. In
9 the case of an applicant under eighteen years of age, checking "yes"
10 shall not constitute consent to make an anatomical gift or registration
11 in the donate life registry, except as otherwise provided pursuant to
12 the provisions of paragraph (b) of subdivision one of section forty-
13 three hundred one of the public health law. Where an applicant has
14 previously consented to make an anatomical gift or registered in the
15 donate life registry, checking "skip this question" or failing to check
16 a box shall not impair that consent or registration] modify the driver's
17 license application and renewal process to advise all applicants that,
18 at the time of applying for or renewing a driver's license card, the
19 applicant shall be deemed to have consented to anatomical donation of
20 his or her organs and tissue upon the determination of the applicant's
21 legal death, unless the applicant expressly elects not to be an organ
22 and tissue donor. The commissioner shall provide the following statement
23 and instructions at the time of application or renewal of a driver's
24 license.
25 You are automatically deemed to have consented to being an organ
26 and tissue donor and this designation will appear on your driv-
27 er's license. If you do not want to be considered an organ and
28 tissue donor, you must elect to not be included on the organ
29 donor registry by inserting your initials on the line below.
30 _____ At this time, I do not wish to be included on the organ
31 donor registry.
32 Unless an applicant responds that he or she does not want to be
33 considered a possible organ and tissue donor, the applicant will be
34 deemed to have consented to organ and tissue donation. The consent is
35 sufficient to satisfy all requirements necessary to evidence the appli-
36 cant's consent to anatomical donation of the applicant's organs and
37 tissue. The commissioner shall advise each applicant who did not opt out
38 of organ and tissue donation that the applicant's name shall be trans-
39 mitted to the New York state donate life registry for organ, eye and
40 tissue donations under section forty-three hundred ten of the public
41 health law, and that the applicant shall notify the federally designated
42 organ procurement organization of any changes to the applicant's
43 donation. In addition, an applicant for a commercial driver's license
44 who will operate a commercial motor vehicle in interstate commerce shall
45 certify that such applicant meets the requirements to operate a commer-
46 cial motor vehicle, as set forth in public law 99-570, title XII, and
47 title 49 of the code of federal regulations, and all regulations promul-
48 gated by the United States secretary of transportation under the hazard-
49 ous materials transportation act. In addition, an applicant for a
50 commercial driver's license shall submit a medical certificate at such
51 intervals as required by the federal motor carrier safety improvement
52 act of 1999 and Part 383.71(h) of title 49 of the code of federal regu-
53 lations relating to medical certification and in a manner prescribed by
54 the commissioner. For purposes of this section and sections five
55 hundred three, five hundred ten-a, and five hundred ten-aa of this
56 title, the terms "medical certificate" and "medical certification" shall
A. 7954 4
1 mean a form substantially in compliance with the form set forth in Part
2 391.43(h) of title 49 of the code of federal regulations. Upon a deter-
3 mination that the holder of a commercial driver's license has made any
4 false statement, with respect to the application for such license, the
5 commissioner shall revoke such license.
6 § 4. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.