Bill Text: NY A07792 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to health care proxy information on driver's licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A07792 Detail]
Download: New_York-2013-A07792-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7792 2013-2014 Regular Sessions I N A S S E M B L Y June 4, 2013 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to health care proxy information on driver's licenses; and to repeal certain provisions of such law relating thereto 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, is amended to read 3 as follows: 4 2. Application. Any person to whom a driver's license or learner's 5 permit has not been issued by the commissioner, or whose driver's 6 license or learner's permit is expired, suspended, revoked or surren- 7 dered, may make application to the commissioner for the issuance of an 8 identification card. The commissioner shall ensure that space is 9 provided on the application so that the applicant shall register or 10 decline registration in the donate life registry for organ and tissue 11 donations pursuant to section forty-three hundred ten of the public 12 health law and that the following is stated on the application in clear 13 and conspicuous type: 14 "You must fill out the following section: Would you like to be added 15 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 16 tion'." 17 The commissioner of the department of health shall not maintain 18 records of any person who checks "skip this question". Failure to check 19 a box shall not impair the validity of an application, and failure to 20 check "yes" or checking "skip this question" shall not be construed to 21 imply a wish not to donate. In the case of an applicant under eighteen 22 years of age, checking "yes" shall not constitute consent to make an 23 anatomical gift or registration in the donate life registry. Where an 24 applicant has previously consented to make an anatomical gift or regis- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11267-01-3 A. 7792 2 1 tered in the donate life registry, checking "skip this question" or 2 failing to check a box shall not impair that consent or registration. 3 ADDITIONALLY, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON 4 THE APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION 5 RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY PURSUANT TO SECTION 6 TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW AND THAT THE 7 FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE: 8 "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH 9 CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY A 10 SPACE FOR THE HEALTH CARE AGENT'S NAME. 11 THE COMMISSIONER SHALL ALSO ENSURE THAT SPACE IS PROVIDED ON THE 12 APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION RELATING 13 TO THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED 14 IN CLEAR AND CONSPICUOUS TYPE: 15 "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A LIVING 16 WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." 17 THE COMMISSIONER SHALL MAKE WHATEVER PROVISIONS ARE FEASIBLE AND 18 DESIRABLE TO MAINTAIN AND ISSUE ALL SUITABLE DOCUMENTS REGARDING 19 ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES. 20 S 2. Subdivision 2 of section 490 of the vehicle and traffic law, as 21 amended by chapter 575 of the laws of 2006, is amended to read as 22 follows: 23 2. Application. Any person to whom a driver's license or learner's 24 permit has not been issued by the commissioner, or whose driver's 25 license or learner's permit is expired, suspended, revoked or surren- 26 dered, may make application to the commissioner for the issuance of an 27 identification card. ADDITIONALLY, THE COMMISSIONER SHALL ENSURE THAT 28 SPACE IS PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL INDI- 29 CATE A DECLARATION RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY 30 PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH 31 LAW AND THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE: 32 "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH 33 CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY A 34 SPACE FOR THE HEALTH CARE AGENT'S NAME. 35 THE COMMISSIONER SHALL ALSO ENSURE THAT SPACE IS PROVIDED ON THE 36 APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION RELATING 37 TO THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED 38 IN CLEAR AND CONSPICUOUS TYPE: 39 "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A LIVING 40 WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." 41 THE COMMISSIONER SHALL MAKE WHATEVER PROVISIONS ARE FEASIBLE AND 42 DESIRABLE TO MAINTAIN AND ISSUE ALL SUITABLE DOCUMENTS REGARDING 43 ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES. 44 S 3. Subparagraph (b) of subdivision 3 of section 490 of the vehicle 45 and traffic law, as amended by chapter 487 of the laws of 2012, is 46 amended to read as follows: 47 (b) The identification card shall contain a distinguishing number or 48 mark and adequate space upon which an anatomical gift, pursuant to arti- 49 cle forty-three of the public health law, A DECLARATION RELATING TO A 50 HEALTH CARE PROXY, PURSUANT TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF 51 THE PUBLIC HEALTH LAW, AND A DECLARATION RELATING TO THE USE OF 52 LIFE-SUSTAINING TREATMENT, by the holder may be recorded and shall 53 contain such other information and shall be issued in such form as the 54 commissioner shall determine; provided, however, every identification 55 card or renewal thereof issued to a person under the age of twenty-one 56 years shall have prominently imprinted thereon the statement "UNDER 21 A. 7792 3 1 YEARS OF AGE" in notably distinctive print or format. Provided, further, 2 however, that every identification card issued to an applicant who was a 3 member of the armed forces of the United States and received [on] AN 4 honorable discharge or was released therefrom under honorable conditions 5 shall, upon his or her request and submission of proof as set forth 6 herein, contain a distinguishing mark, in such form as the commissioner 7 shall determine, indicating that he or she is a veteran. Such proof 8 shall consist of a certificate of release or discharge from active duty 9 including but not limited to a DD Form 214 or other proof satisfactory 10 to the commissioner. The commissioner shall not require fees for the 11 issuance of such identification cards or renewals thereof to persons 12 under twenty-one years of age which are different from the fees required 13 for the issuance of identification cards or renewals thereof to persons 14 twenty-one years of age or over, nor fees to persons requesting a veter- 15 an notation which are different from fees that would otherwise be 16 required. 17 S 4. Subdivision 1 of section 502 of the vehicle and traffic law, as 18 separately amended by chapters 465 and 487 of the laws of 2012, is 19 REPEALED and a new subdivision 1 is added to read as follows: 20 1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL 21 BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED 22 WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI- 23 TY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER. ELIGIBILITY 24 FOR A DRIVER'S LICENSE SHALL NOT BE CONDITIONED ON A PARTICULAR IMMI- 25 GRATION STATUS. THE COMMISSIONER MAY ALSO PROVIDE THAT THE APPLICATION 26 PROCEDURE SHALL INCLUDE THE TAKING OF A PHOTO IMAGE OR IMAGES OF THE 27 APPLICANT IN ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE 28 COMMISSIONER. IN ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE 29 APPLICANT PROVIDE HIS OR HER SOCIAL SECURITY NUMBER WHERE SUCH APPLICANT 30 IS A LEGAL IMMIGRANT AND SHALL PROVIDE SPACE ON THE APPLICATION SO THAT 31 THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN AND TISSUE DONOR 32 REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW 33 WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS 34 TYPE: 35 "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED 36 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES- 37 TION'." 38 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN 39 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK 40 A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO 41 CHECK "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO 42 IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN 43 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN 44 ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN 45 APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS- 46 TERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR 47 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN 48 ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT SPACE SHALL BE 49 PROVIDED ON THE APPLICATION SO THAT THE APPLICANT MAY REQUEST A NOTATION 50 UPON SUCH LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES ARMED 51 FORCES. ADDITIONALLY, THE COMMISSIONER SHALL ENSURE THAT SPACE IS 52 PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL INDICATE A 53 DECLARATION RELATING TO THE DESIGNATION OF A HEALTH CARE PROXY PURSUANT 54 TO SECTION TWENTY-NINE HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW AND 55 THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE: A. 7792 4 1 "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A HEALTH 2 CARE PROXY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." FOLLOWED BY A 3 SPACE FOR THE HEALTH CARE AGENT'S NAME. 4 THE COMMISSIONER SHALL ALSO ENSURE THAT SPACE IS PROVIDED ON THE 5 APPLICATION SO THAT THE APPLICANT SHALL INDICATE A DECLARATION RELATING 6 TO THE USE OF LIFE-SUSTAINING TREATMENT AND THAT THE FOLLOWING IS TYPED 7 IN CLEAR AND CONSPICUOUS TYPE: 8 "YOU MUST FILL OUT THE FOLLOWING SECTION: HAVE YOU COMPLETED A LIVING 9 WILL? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'." 10 THE COMMISSIONER SHALL MAKE WHATEVER PROVISIONS ARE FEASIBLE AND 11 DESIRABLE TO MAINTAIN AND ISSUE ALL SUITABLE DOCUMENTS REGARDING 12 ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES. IN ADDITION, 13 AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A 14 COMMERCIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH 15 APPLICANT MEETS THE REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, 16 AS SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE 17 OF FEDERAL REGULATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED 18 STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANS- 19 PORTATION ACT. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S 20 LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED 21 BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 22 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS RELATING TO 23 MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED BY THE COMMISSIONER. 24 FOR PURPOSES OF THIS SECTION AND SECTIONS FIVE HUNDRED THREE, FIVE 25 HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA OF THIS TITLE, THE TERMS "MEDICAL 26 CERTIFICATE" AND "MEDICAL CERTIFICATION" SHALL MEAN A FORM SUBSTANTIALLY 27 IN COMPLIANCE WITH THE FORM SET FORTH IN PART 391.43(H) OF TITLE 49 OF 28 THE CODE OF FEDERAL REGULATIONS. UPON A DETERMINATION THAT THE HOLDER OF 29 A COMMERCIAL DRIVER'S LICENSE HAS MADE ANY FALSE STATEMENT, WITH RESPECT 30 TO THE APPLICATION FOR SUCH LICENSE, THE COMMISSIONER SHALL REVOKE SUCH 31 LICENSE. 32 S 5. Subdivision 1 of section 502 of the vehicle and traffic law, as 33 added by section four of this act, is amended to read as follows: 34 1. Application for license. Application for a driver's license shall 35 be made to the commissioner. The fee prescribed by law may be submitted 36 with such application. The applicant shall furnish such proof of identi- 37 ty, age, and fitness as may be required by the commissioner. Eligibility 38 for a driver's license shall not be conditioned on a particular immi- 39 gration status. The commissioner may also provide that the application 40 procedure shall include the taking of a photo image or images of the 41 applicant in accordance with rules and regulations prescribed by the 42 commissioner. In addition, the commissioner also shall require that the 43 applicant provide his or her social security number where such applicant 44 is a legal immigrant and [shall] provide space on the application so 45 that the applicant may register in the New York state organ and tissue 46 donor registry under section forty-three hundred ten of the public 47 health law [with the following stated on the application in clear and 48 conspicuous type: 49 "You must fill out the following section: Would you like to be added 50 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 51 tion'." 52 The commissioner of the department of health shall not maintain 53 records of any person who checks "skip this question". Failure to check 54 a box shall not impair the validity of an application, and failure to 55 check "yes" or checking "skip this question" shall not be construed to 56 imply a wish not to donate. In the case of an applicant under eighteen A. 7792 5 1 years of age, checking "yes" shall not constitute consent to make an 2 anatomical gift or registration in the donate life registry. Where an 3 applicant has previously consented to make an anatomical gift or regis- 4 tered in the donate life registry, checking "skip this question" or 5 failing to check a box shall not impair that consent or registration]. 6 In addition, the commissioner also shall require that space shall be 7 provided on the application so that the applicant may request a notation 8 upon such license that he or she is a veteran of the United States armed 9 forces. Additionally, the commissioner shall ensure that space is 10 provided on the application so that the applicant shall indicate a 11 declaration relating to the designation of a health care proxy pursuant 12 to section twenty-nine hundred eighty-one of the public health law and 13 that the following is typed in clear and conspicuous type: 14 "You must fill out the following section: Have you completed a health 15 care proxy? Check box for 'yes' or 'skip this question'." Followed by a 16 space for the health care agent's name. 17 The commissioner shall also ensure that space is provided on the 18 application so that the applicant shall indicate a declaration relating 19 to the use of life-sustaining treatment and that the following is typed 20 in clear and conspicuous type: 21 "You must fill out the following section: Have you completed a living 22 will? Check box for 'yes' or 'skip this question'." 23 The commissioner shall make whatever provisions are feasible and 24 desirable to maintain and issue all suitable documents regarding 25 advanced directives at driver's license examining offices. In addition, 26 an applicant for a commercial driver's license who will operate a 27 commercial motor vehicle in interstate commerce shall certify that such 28 applicant meets the requirements to operate a commercial motor vehicle, 29 as set forth in public law 99-570, title XII, and title 49 of the code 30 of federal regulations, and all regulations promulgated by the United 31 States secretary of transportation under the hazardous materials trans- 32 portation act. In addition, an applicant for a commercial driver's 33 license shall submit a medical certificate at such intervals as required 34 by the federal motor carrier safety improvement act of 1999 and Part 35 383.71(h) of title 49 of the code of federal regulations relating to 36 medical certification and in a manner prescribed by the commissioner. 37 For purposes of this section and sections five hundred three, five 38 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 39 certificate" and "medical certification" shall mean a form substantially 40 in compliance with the form set forth in Part 391.43(h) of title 49 of 41 the code of federal regulations. Upon a determination that the holder of 42 a commercial driver's license has made any false statement, with respect 43 to the application for such license, the commissioner shall revoke such 44 license. 45 S 6. Paragraph (a) of subdivision 1 of section 504 of the vehicle and 46 traffic law, as separately amended by chapters 568 and 639 of the laws 47 of 2006, is amended to read as follows: 48 (a) Every license or renewal thereof shall contain a distinguishing 49 mark and adequate space upon which an anatomical gift, pursuant to 50 section forty-three hundred ten of the public health law, by the licen- 51 see shall be recorded and shall contain such other information and shall 52 be issued in such form as the commissioner shall determine; provided, 53 however, every license or renewal thereof issued to a person under the 54 age of twenty-one years shall have prominently imprinted upon it the 55 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or 56 format; provided further, however, every license or renewal thereof A. 7792 6 1 issued to a person making an anatomical gift shall have prominently 2 printed upon the front of such license or renewal thereof the statement 3 "ORGAN DONOR" in notably distinctive print or format; PROVIDED THAT 4 EVERY LICENSE SHALL HAVE IMPRINTED ON THE BACK "DESIGNATED HEALTH CARE 5 AGENT:" FOLLOWED BY A SPACE FOR THE HEALTH CARE AGENT'S NAME AND CONTACT 6 INFORMATION; AND PROVIDED FURTHER THAT EVERY LICENSE SHALL HAVE 7 IMPRINTED ON THE BACK "EXECUTED DECLARATION RELATING TO LIFE-SUSTAINING 8 TREATMENT:" FOLLOWED BY A SPACE TO MARK THE APPROPRIATE BOX "YES" OR 9 "NO". The commissioner shall not require fees for the issuance of such 10 licenses or renewals thereof to persons under twenty-one years of age or 11 to persons making an anatomical gift which are different from the fees 12 required for the issuance of licenses or renewals thereof to persons 13 twenty-one years of age or over or to persons not making an anatomical 14 gift. 15 S 7. This act shall take effect immediately; provided, however: 16 (a) the amendments to subdivision 2 of section 490 of the vehicle and 17 traffic law made by section one of this act shall take effect on the 18 same date and same manner as chapter 465 of the laws of 2012 takes 19 effect and such amendments shall not affect the expiration of such 20 subdivision as provided in section 6 of such chapter when upon such date 21 section two of this act shall take effect; 22 (b) the amendments to paragraph (b) of subdivision 3 of section 490 of 23 the vehicle and traffic law made by section three of this act shall take 24 effect on the same date and same manner as chapter 487 of the laws of 25 2012, takes effect; 26 (c) section four of this act shall take effect October 3, 2013; and 27 (d) section five of this act shall take effect October 3, 2016.