Bill Text: NY A05402 | 2011-2012 | General Assembly | Introduced


Bill Title: Enacts the "New York state organ donor awareness and education act"; provides mechanisms to fund the "life pass it on trust fund" through the department of motor vehicles.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2012-06-12 - print number 5402a [A05402 Detail]

Download: New_York-2011-A05402-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5402
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 18, 2011
                                      ___________
       Introduced by M. of A. ROBINSON, ORTIZ, SCHIMEL, PEOPLES-STOKES, REILLY,
         N. RIVERA  --  Multi-Sponsored by -- M. of A. BOYLAND, PHEFFER -- read
         once and referred to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, the state finance  law  and
         the public health law, in relation to implementing the "New York state
         organ donor awareness and education act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the "New York state organ donor awareness and education act".
    3    S  2.  Paragraph b of subdivision 1 of  section 401 of the vehicle and
    4  traffic law, as amended by chapter 222 of the laws of 1996,  is  amended
    5  to read as follows:
    6    b.  Every  owner  of a motor vehicle which shall be operated or driven
    7  upon the public highways  of  this  state  shall,  except  as  otherwise
    8  expressly  provided, cause to be presented, by mail or otherwise, to the
    9  office or a branch office of the commissioner, or to any  agent  of  the
   10  commissioner,  constituted  as  provided in this chapter, an application
   11  for registration addressed to the commissioner, and on  a  blank  to  be
   12  prepared  under  the  direction of and furnished by the commissioner for
   13  that purpose, containing: (a) a brief description of the  motor  vehicle
   14  to be registered, including the name and factory number of such vehicle,
   15  and  such  other facts as the commissioner shall require; (b) the weight
   16  of the vehicle upon which the registration fee is based if  the  fee  is
   17  based  on  weight;  (c)  the name and residence, including county of the
   18  owner of such motor vehicle; (C-1) WITH RESPECT TO VEHICLES  SUBJECT  TO
   19  REGISTRATION  PURSUANT  TO  SUBDIVISION SIX, PARAGRAPH ONE OF SCHEDULE B
   20  AND SCHEDULE C OF SUBDIVISION SEVEN OF THIS SECTION, SPACE ON THE APPLI-
   21  CATION AND RENEWAL APPLICATION TO ENABLE THE APPLICANT  TO  REGISTER  OR
   22  DECLINE REGISTRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY PURSUANT
   23  TO  SECTION  FORTY-THREE  HUNDRED TEN OF THE PUBLIC HEALTH LAW, AS INDI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06083-01-1
       A. 5402                             2
    1  CATED BY CHECKING "YES" OR "NO" TO REGISTRATION IN SUCH REGISTRY;  SPACE
    2  FOR  THE  APPLICANT'S  SIGNATURE WITHIN A DESIGNATED AREA (SEPARATE FROM
    3  THE FINAL SIGNATURE CERTIFYING THE VALIDITY OF THE INFORMATION  PROVIDED
    4  IN THE OVERALL APPLICATION FOR REGISTRATION); AND WITH SPACE FOR SPECIF-
    5  IC ANATOMICAL GIFTS, WITH  THE FOLLOWING STATEMENT IN CLEAR, CONSPICUOUS
    6  AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR CONSENT STATEMENT: IF
    7  ON  THIS FORM YOU MARKED "YES" TO REGISTER AS AN ORGAN AND TISSUE DONOR,
    8  YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY AND  ALL  ORGANS  AND/OR
    9  TISSUES  IN  THE  EVENT OF YOUR DEATH AND YOUR NAME WILL BE ADDED TO THE
   10  NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO DONATE ONLY SPECIFIC
   11  ORGANS AND/OR TISSUES YOU MUST  SPECIFY  THOSE  IN  THE  SPACE  PROVIDED
   12  BELOW.  REGISTERING AS A DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN
   13  ANY  WAY. AS OUTLINED IN S 4301 OF THE NEW YORK STATE PUBLIC HEALTH LAW,
   14  YOUR AUTHORIZATION IS LEGALLY BINDING AND, UNLESS THE DONOR IS UNDER AGE
   15  18, YOUR DECISION DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON.  FOR
   16  REGISTERED  DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE FINAL
   17  DONATION DECISION."; (C-2) DECLINING TO ENROLL IN  THE  NEW  YORK  STATE
   18  DONATE  LIFE REGISTRY UNDER THIS SECTION BY MARKING  THE "NO" BOX ON THE
   19  APPLICATION AND SEPARATELY SIGNING SHALL BE DEEMED A  SHOWING  THAT  THE
   20  DONOR  HAS  REVOKED  THE  AUTHORIZATION  PURSUANT  TO SUBDIVISION ONE OF
   21  SECTION FORTY-THREE HUNDRED ONE OF THE  PUBLIC  HEALTH  LAW,  WHICH  THE
   22  COMMISSIONER  SHALL  IMMEDIATELY REPORT TO THE DEPARTMENT OF HEALTH; (d)
   23  provided that, if such motor vehicle is used or to be used as  an  omni-
   24  bus,  the applicant also shall so certify, and in the case of an omnibus
   25  also certify as to the seating capacity, and if the  omnibus  is  to  be
   26  operated wholly within a municipality pursuant to a franchise other than
   27  a franchise express or implied in articles of incorporation upon certain
   28  streets  designated  in such franchise, those facts shall also be certi-
   29  fied, and a certified copy of such franchise furnished  to  the  commis-
   30  sioner;  (e) provided, that, if such motor vehicle is an altered livery,
   31  the applicant shall so furnish a certified copy of  the  length  of  the
   32  center  panel  of such vehicle, provided, however, that the commissioner
   33  shall require such proof, as he  may  determine  is  necessary,  in  the
   34  application  for  registration and provided further, if the center panel
   35  of such vehicle exceeds  one  hundred  inches,  the  commissioner  shall
   36  require  proof  that  such  vehicle is in compliance with all applicable
   37  federal and state motor vehicle safety standards;  and  (f)  such  addi-
   38  tional  facts  or evidence as the commissioner may require in connection
   39  with the application for registration. Every owner of  a  trailer  shall
   40  also  make application for the registration thereof in the manner herein
   41  provided for an application to  register  a  motor  vehicle,  but  shall
   42  contain a statement showing the manufacturer's number or other identifi-
   43  cation satisfactory to the commissioner and no number plate for a trail-
   44  er  issued  under  the  provisions  of subdivision three of section four
   45  hundred two of this [chapter] ARTICLE shall be transferred  to  or  used
   46  upon  any  other  trailer than the one for which number plate is issued.
   47  The commissioner shall require proof, in the application  for  registra-
   48  tion,  or  otherwise, as such commissioner may determine, that the motor
   49  vehicle for which registration is applied for is  equipped  with  lights
   50  conforming  in  all respects to the requirements of this chapter, and no
   51  motor vehicle shall be registered unless it shall appear by such  proofs
   52  that such motor vehicle is equipped with proper lights as aforesaid. The
   53  said application shall contain or be accompanied by such evidence of the
   54  ownership  of  the  motor vehicle described in the application as may be
   55  required by the commissioner or his agent and which, with respect to new
   56  vehicles, shall include, unless otherwise specifically provided  by  the
       A. 5402                             3
    1  commissioner,  the  manufacturer's  statement  of  origin.  Applications
    2  received by an agent of the  commissioner  shall  be  forwarded  to  the
    3  commissioner as he shall direct for filing. No application for registra-
    4  tion shall be accepted unless the applicant is at least sixteen years of
    5  age.
    6    S  3.  Subdivision  3 of section 401 of the vehicle and traffic law is
    7  amended by adding a new paragraph e to read as follows:
    8    E. IN PROCESSING ANY APPLICATION FOR A CERTIFICATE OF REGISTRATION  OF
    9  RENEWAL  THEREOF  PURSUANT  TO  THIS  ARTICLE OR TO TITLE ELEVEN OF THIS
   10  CHAPTER, THE COMMISSIONER SHALL PROVIDE  APPLICANTS  WITH  INFORMATIONAL
   11  MATERIALS  DESCRIBING  ORGAN  AND  TISSUE  DONATION,  THE NEW YORK STATE
   12  DONATE LIFE REGISTRY  FOR  ORGAN  AND  TISSUE  DONATIONS  (WITH  CURRENT
   13  CONTACT  INFORMATION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE
   14  ADDRESSES), AND THE "LIFE PASS IT ON"  TRUST  FUND.  SUCH  INFORMATIONAL
   15  MATERIALS SHALL BE DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY
   16  THEREAFTER.
   17    S  4.  Paragraph  a of subdivision 3 of section 401 of the vehicle and
   18  traffic law, as amended by section 1 of part H of chapter 59 of the laws
   19  of 2009, is amended to read as follows:
   20    a. Upon filing of such application and the payment of the fee [herein-
   21  after] AS provided IN THIS SECTION, the  commissioner  shall  assign  to
   22  such  motor  vehicle  a  distinctive  number and, without expense to the
   23  applicant, issue and deliver in such  manner  as  the  commissioner  may
   24  select  to  the owner a certificate of registration, in such form as the
   25  commissioner shall prescribe, and two number plates at  a  place  within
   26  the  state of New York named by the applicant in his or her application.
   27  EVERY CERTIFICATE OF REGISTRATION ISSUED FOR A VEHICLE REGISTERED PURSU-
   28  ANT TO SUBDIVISION SIX OR PARAGRAPH ONE OF SCHEDULE B AND SCHEDULE C  OF
   29  SUBDIVISION  SEVEN OF THIS SECTION TO A PERSON MAKING AN ANATOMICAL GIFT
   30  SHALL HAVE PROMINENTLY PRINTED UPON THE FRONT  OF  SUCH  CERTIFICATE  OF
   31  REGISTRATION  OR  RENEWAL THEREOF THE STATEMENT "ORGAN DONOR" IN NOTABLY
   32  DISTINCTIVE PRINT OR FORMAT. THE COMMISSIONER SHALL NOT REQUIRE FEES FOR
   33  THE ISSUANCE OF SUCH REGISTRATION OR RENEWAL THEREOF TO  PERSONS  MAKING
   34  AN  ANATOMICAL  GIFT  WHICH ARE DIFFERENT FROM THE FEES REQUIRED FOR THE
   35  ISSUANCE OF REGISTRATIONS OR RENEWALS THEREOF TO PERSONS NOT  MAKING  AN
   36  ANATOMICAL  GIFT.  A  number  plate, within the meaning of this chapter,
   37  may, in the discretion of the commissioner, be a plate  of  a  permanent
   38  nature,  treated with reflectorized material according to specifications
   39  prescribed by the commissioner, and with a date  tag  attached  to  such
   40  plate or to the vehicle as prescribed by regulations of the commissioner
   41  indicating  the  validity  of  the plate during a certain period and the
   42  issuance of such a number plate with such date tag to a person  possess-
   43  ing  such a number plate shall be deemed the issuance of a number plate.
   44  An additional fee, not to exceed twenty-five dollars, shall be  paid  to
   45  the commissioner whenever a set of reflectorized number plates is issued
   46  for  any vehicle for which a registration fee is normally charged except
   47  that, with respect to any number plate which is  specifically  requested
   48  by  the  applicant,  such  fee  shall  be  paid to the commissioner upon
   49  approval of such request. In  the  event  of  the  loss,  mutilation  or
   50  destruction  of any certificate of registration, any number plate or set
   51  of number plates whether with or without a date tag or tags, or any date
   52  tag or set of date tags provided for in this article,  the  owner  of  a
   53  registered  motor vehicle may file such statement and proof of the facts
   54  as the commissioner shall require, with a fee of three dollars,  in  the
   55  office  of the commissioner, or, unless and until the commissioner shall
   56  otherwise direct, in the office of the agent who issued the certificate,
       A. 5402                             4
    1  plate, plates, tag or tags and the commissioner or his or her agent,  as
    2  the  case may be, shall issue a duplicate or substitute. It shall be the
    3  duty of every owner holding a certificate of registration to notify  the
    4  commissioner in writing of any change of residence of such person within
    5  ten  days after such change occurs, and to inscribe on such certificate,
    6  in the place provided by the commissioner, a record of  such  change  of
    7  residence.
    8    S 5. Section 401 of the vehicle and traffic law is amended by adding a
    9  new subdivision 20 to read as follows:
   10    20.  THE  COMMISSIONER IS DIRECTED TO DEVELOP REGISTRATION APPLICATION
   11  AND RENEWAL FORMS WHICH SHALL SOLICIT A VOLUNTARY  TWO  DOLLAR  DONATION
   12  FROM PERSONS APPLYING FOR OR RENEWING A VEHICLE REGISTRATION AT THE TIME
   13  OF  SUCH  APPLICATION  OR  RENEWAL. OF MONIES COLLECTED PURSUANT TO THIS
   14  SUBDIVISION, THE FIRST ONE  HUNDRED  FIFTY  THOUSAND  DOLLARS  SHALL  BE
   15  RETAINED  BY THE DEPARTMENT TO OFFSET ITS INITIAL PROGRAM COSTS.  SUBSE-
   16  QUENTLY, FIVE PERCENT OF ANY MONIES COLLECTED PURSUANT TO THIS  SUBDIVI-
   17  SION  SHALL  BE RETAINED BY THE DEPARTMENT FOR CONTINUING ADMINISTRATIVE
   18  COSTS. THE REMAINDER OF SUCH MONIES COLLECTED PURSUANT TO THIS  SUBDIVI-
   19  SION  SHALL BE DEPOSITED IN THE "LIFE PASS IT ON" TRUST FUND ESTABLISHED
   20  PURSUANT TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED  BY
   21  CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
   22    S  6.  Subdivision 1 of section 502 of the vehicle and traffic law, as
   23  amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
   24  follows:
   25    1.  Application  for license. Application for a driver's license shall
   26  be made to the commissioner.  The fee prescribed by law may be submitted
   27  with such application. The applicant shall furnish such proof of identi-
   28  ty, age, and fitness as may be required by the commissioner. The commis-
   29  sioner may also provide that the application procedure shall include the
   30  taking of a photo image or images of the applicant  in  accordance  with
   31  rules  and  regulations prescribed by the commissioner. In addition, the
   32  commissioner also shall require that the applicant provide  his  or  her
   33  social  security number and provide space on the application so that the
   34  applicant may register OR DECLINE REGISTRATION in  the  New  York  state
   35  organ and tissue donor registry under section forty-three hundred ten of
   36  the  public health law, AS INDICATED BY CHECKING "YES" OR "NO" TO REGIS-
   37  TRATION IN SUCH REGISTRY TOGETHER WITH THE APPLICANT'S SIGNATURE  WITHIN
   38  A  DESIGNATED  AREA  (SEPARATE  FROM  THE FINAL SIGNATURE CERTIFYING THE
   39  VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION) TOGETH-
   40  ER WITH SPACE FOR SPECIFIC ANATOMICAL GIFTS AND THE FOLLOWING  STATEMENT
   41  IN CLEAR, CONSPICUOUS AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR
   42  CONSENT  STATEMENT:  IF  ON THIS FORM YOU MARKED "YES" TO REGISTER AS AN
   43  ORGAN AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF  ANY
   44  AND  ALL  ORGANS AND/OR TISSUES IN THE EVENT OF YOUR DEATH AND YOUR NAME
   45  WILL BE ADDED TO THE NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO
   46  DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE
   47  SPACE PROVIDED BELOW.   REGISTERING AS A  DONOR  WILL  NOT  AFFECT  YOUR
   48  MEDICAL  TREATMENT  IN  ANY  WAY.  AS OUTLINED IN S 4301 OF THE NEW YORK
   49  STATE PUBLIC HEALTH LAW, YOUR  AUTHORIZATION  IS  LEGALLY  BINDING  AND,
   50  UNLESS  THE  DONOR  IS  UNDER AGE 18, YOUR DECISION DOES NOT REQUIRE THE
   51  CONSENT OF ANY OTHER PERSON. FOR REGISTERED DONORS  UNDER  AGE  18,  THE
   52  LEGAL  GUARDIAN  SHALL  MAKE THE FINAL DONATION DECISION."  DECLINING TO
   53  ENROLL IN THE NEW YORK STATE DONATE LIFE REGISTRY UNDER THIS SECTION  BY
   54  MARKING  THE "NO" BOX ON THE APPLICATION AND SEPARATELY SIGNING SHALL BE
   55  DEEMED A SHOWING THAT THE DONOR HAS REVOKED THE  AUTHORIZATION  PURSUANT
   56  TO SUBDIVISION ONE OF S 4301 OF THE PUBLIC HEALTH LAW, WHICH THE COMMIS-
       A. 5402                             5
    1  SIONER  SHALL  IMMEDIATELY  REPORT TO THE DEPARTMENT OF HEALTH. In addi-
    2  tion, an applicant for a commercial driver's license who will operate  a
    3  commercial  motor vehicle in interstate commerce shall certify that such
    4  applicant  meets the requirements to operate a commercial motor vehicle,
    5  as set forth in public law 99-570, title XII, and title 49 of  the  code
    6  of  federal  regulations,  and all regulations promulgated by the United
    7  States secretary of transportation under the hazardous materials  trans-
    8  portation  act.  Upon  a  determination  that the holder of a commercial
    9  driver's license has made any  false  statement,  with  respect  to  the
   10  application  for  such  license,  the  commissioner  shall  revoke  such
   11  license.
   12    S 7. Subdivision 5 of section 508 of the vehicle and traffic  law,  as
   13  added by chapter 570 of the laws of 2006, is amended to read as follows:
   14    5.  The  commissioner  is  directed to develop license application and
   15  renewal forms which shall solicit a voluntary [one] TWO dollar  donation
   16  from  persons applying for or renewing a driver's license at the time of
   17  such application or renewal. Of monies collected pursuant to this subdi-
   18  vision, the first one hundred fifty thousand dollars shall  be  retained
   19  by  the  department  to offset its initial program costs.  Subsequently,
   20  five percent of any monies collected pursuant to this subdivision  shall
   21  be  retained  by the department for continuing administrative costs. The
   22  remainder of such monies collected pursuant to this subdivision shall be
   23  deposited in the life pass it on  trust  fund  established  pursuant  to
   24  section ninety-five-d of the state finance law, as added by chapter four
   25  hundred fifteen of the laws of two thousand three.
   26    S 8. Section 508 of the vehicle and traffic law is amended by adding a
   27  new subdivision 6 to read as follows:
   28    6.  IN  PROCESSING  ANY  APPLICATION FOR A DRIVER'S LICENSE OR RENEWAL
   29  THEREOF PURSUANT TO THIS ARTICLE OR TO TITLE ELEVEN OF THIS CHAPTER, THE
   30  COMMISSIONER  SHALL  PROVIDE  APPLICANTS  WITH  INFORMATIONAL  MATERIALS
   31  DESCRIBING  ORGAN  AND  TISSUE  DONATION, THE NEW YORK STATE DONATE LIFE
   32  REGISTRY FOR ORGAN AND TISSUE DONATIONS (WITH CURRENT  CONTACT  INFORMA-
   33  TION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE ADDRESSES), AND
   34  THE  "LIFE PASS IT ON" TRUST FUND. SUCH INFORMATIONAL MATERIALS SHALL BE
   35  DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY THEREAFTER.
   36    S 9. Subdivision 2 of section 95-d of the state finance law, as  added
   37  by chapter 415 of the laws of 2003, is amended to read as follows:
   38    2.  Such  fund  shall consist of all revenues received pursuant to the
   39  provisions of SUBDIVISION TWENTY OF SECTION FOUR  HUNDRED  ONE,  section
   40  four  hundred four-u, AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED EIGHT
   41  of the vehicle and traffic law and all other moneys appropriated,  cred-
   42  ited,  or  transferred thereto from any other fund or source pursuant to
   43  law. Nothing contained in this section  shall  prevent  the  state  from
   44  receiving  grants,  gifts  or  bequests  for the purposes of the fund as
   45  defined in this section and depositing them into the fund  according  to
   46  law.
   47    S  10.  Subdivision  2  of  section  4310 of the public health law, as
   48  amended by chapter 161 of the laws  of  2010,  is  amended  to  read  as
   49  follows:
   50    2. Such registration of consent to make an anatomical gift can be made
   51  through  (a)  indication  made  on  the application or renewal form of a
   52  license OR VEHICLE REGISTRATION, (b) indication  made  on  a  non-driver
   53  identification  card  application  or renewal form, (c) enrolling in the
   54  registry website maintained by the department, which may  include  using
   55  an  electronic  signature  under  regulations  of  the  commissioner and
   56  subject to article three of the state  technology  law,  (d)  indication
       A. 5402                             6
    1  made  on  a  voter  registration  form  pursuant  to subdivision five of
    2  section 5-210 of the election law, or (e) through any other method iden-
    3  tified by the commissioner. The registration shall take effect upon  the
    4  department  sending  written  notice  of  the registration to the person
    5  enrolling in the registry. In making regulations on using an  electronic
    6  signature  for a registration of consent, the commissioner shall consult
    7  with the director of the office of technology.
    8    S 11.  Section 4303 of the public health law is amended by adding  two
    9  new subdivisions 6 and 7 to read as follows:
   10    6.  FOR  ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE OR ARTICLE FOUR-
   11  TEEN OR ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW, THE DONOR  WILL
   12  BE  PRESUMED  TO  MAKE  A  DONATION  OF  ANY AND ALL ORGANS AND TISSUES;
   13  PROVIDED, HOWEVER, THAT THIS PRESUMPTION SHALL NOT APPLY WHEN:
   14    (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO
   15  GIFT A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE  OR  TISSUES.  AN  EXPRESS
   16  GIFT OF A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES SHALL DEFEAT
   17  THE  PRESUMPTION OF THIS SECTION EVEN IN THE ABSENCE OF LANGUAGE THAT IS
   18  NOT OTHERWISE INCONSISTENT WITH THIS SECTION;
   19    (B) THE DONOR HAS EXPRESSLY STATED HIS OR HER  INTENTION  TO  THE  NEW
   20  YORK  STATE  DONATE LIFE REGISTRY. ANY COMMUNICATION, INCLUDING WRITTEN,
   21  ORAL, SIGN LANGUAGE, ELECTRONIC OR OTHERWISE, THAT CONTRADICTS OR OTHER-
   22  WISE CONFLICTS WITH THE PRESUMPTION OF THIS SECTION SHALL BE  SUFFICIENT
   23  TO OVERCOME THE PRESUMPTION OF THIS SECTION;
   24    (C) THE DONOR REVOKES HIS OR HER GIFT;
   25    (D)  THE DONOR IS UNDER THE AGE OF EIGHTEEN, IN WHICH CASE THE DONOR'S
   26  LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION;
   27    (E) THE GIFT IS MADE PURSUANT TO ARTICLE FOURTEEN OR NINETEEN  OF  THE
   28  VEHICLE  AND  TRAFFIC  LAW  AND THE DONOR HAS LISTED A SPECIFIC ORGAN OR
   29  ORGANS AND/OR TISSUE OR TISSUES. ANY MARK MADE ON THE DONOR'S LICENSE OR
   30  VEHICLE REGISTRATION OR THE DONOR'S APPLICATION FOR LICENSE OR REGISTRA-
   31  TION OR APPLICATION FOR RENEWAL OF LICENSE OR  REGISTRATION  THAT  INDI-
   32  CATES  THE  DONOR  INTENDS  TO  MAKE  A SPECIFIC GIFT OF ORGAN OR ORGANS
   33  AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION;
   34    (F) THE DONATION IS PROHIBITED BY SECTION FORTY-THREE HUNDRED SEVEN OF
   35  THIS ARTICLE.
   36    7. THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES SHALL  PROVIDE
   37  PRINTED  INFORMATIONAL MATERIAL TO THE GENERAL PUBLIC INCLUDING, BUT NOT
   38  LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITERATURE
   39  INFORMING THE GENERAL PUBLIC ABOUT ORGAN AND TISSUE  DONATION,  THE  NEW
   40  YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS INCLUDING
   41  CURRENT  MAILING  AND WEBSITE ADDRESSES FOR SUCH REGISTRY, AND THE "LIFE
   42  PASS IT ON" TRUST FUND. THE COMMISSIONER SHALL MAKE  SUCH  INFORMATIONAL
   43  MATERIALS  AVAILABLE  TO  THE  GENERAL PUBLIC AT ALL DEPARTMENT OF MOTOR
   44  VEHICLE OFFICES, ALL COUNTY OFFICES THAT  PROVIDE  DEPARTMENT  OF  MOTOR
   45  VEHICLE SERVICES, AND ON THE DEPARTMENT OF MOTOR VEHICLES' WEBSITE.
   46    S 12. This act shall take effect November 1, 2012.
feedback