Bill Text: NY A11589 | 2009-2010 | General Assembly | Introduced
Bill Title: Proposes chapter amendments relating to changes to the enrollment form in the New York state donate life registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-29 - referred to transportation [A11589 Detail]
Download: New_York-2009-A11589-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11589
I N A S S E M B L Y
June 29, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brodsky) --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enrollment
in the New York state donate life registry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph b of subdivision 1 of section 401 of the vehicle
2 and traffic law, as amended by a chapter of the laws of 2010, amending
3 the vehicle and traffic law and other laws relating to implementing the
4 "New York state organ donor awareness and education act" as proposed in
5 legislative bills numbers S. 7727-A and A. 10374-C, is amended to read
6 as follows:
7 b. Every owner of a motor vehicle which shall be operated or driven
8 upon the public highways of this state shall, except as otherwise
9 expressly provided, cause to be presented, by mail or otherwise, to the
10 office or a branch office of the commissioner, or to any agent of the
11 commissioner, constituted as provided in this chapter, an application
12 for registration addressed to the commissioner, and on a blank to be
13 prepared under the direction of and furnished by the commissioner for
14 that purpose, containing: (a) a brief description of the motor vehicle
15 to be registered, including the name and factory number of such vehicle,
16 and such other facts as the commissioner shall require; (b) the weight
17 of the vehicle upon which the registration fee is based if the fee is
18 based on weight; (c) the name and residence, including county of the
19 owner of such motor vehicle; (c-1) with respect to vehicles subject to
20 registration pursuant to subdivision six, paragraph one of schedule B
21 and schedule C of subdivision seven of this section, space on the appli-
22 cation and renewal application to enable the applicant to register or
23 decline registration in the New York State Donate Life Registry pursuant
24 to section forty-three hundred ten of the public health law, as indi-
25 cated by checking "yes" or ["no"] "NOT AT THIS TIME" to registration in
26 such registry; space for the applicant's signature within a designated
27 area (separate from the final signature certifying the validity of the
28 information provided in the overall application for registration); and
29 with space for specific anatomical gifts, with the following statement
30 in clear, conspicuous and boldface type in capital letters: "ORGAN DONOR
31 CONSENT STATEMENT: IF ON THIS FORM YOU MARKED "YES" TO REGISTER AS AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17917-01-0
A. 11589 2
1 ORGAN AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY
2 AND ALL ORGANS AND/OR TISSUES IN THE EVENT OF YOUR DEATH AND YOUR NAME
3 WILL BE ADDED TO THE NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO
4 DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE
5 SPACE PROVIDED BELOW. REGISTERING AS A DONOR WILL NOT AFFECT YOUR
6 MEDICAL TREATMENT IN ANY WAY. AS OUTLINED IN S 4301 OF THE NEW YORK
7 STATE PUBLIC HEALTH LAW, YOUR AUTHORIZATION IS LEGALLY BINDING AND,
8 UNLESS THE DONOR IS UNDER AGE 18, YOUR DECISION DOES NOT REQUIRE THE
9 CONSENT OF ANY OTHER PERSON. FOR REGISTERED DONORS UNDER AGE 18, THE
10 LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION."; (c-2) declining
11 to enroll in the New York State Donate Life Registry under this section
12 by marking the ["no"] "NOT AT THIS TIME" box on the application and
13 separately signing shall NOT be deemed a [showing that the donor has
14 revoked the authorization pursuant to subdivision one of section forty-
15 three hundred one of the public health law, which the commissioner shall
16 immediately report to the department of health] DECLINATION TO REGISTER
17 BUT SHALL BE CONSIDERED A DEFERRAL OF THAT DECISION; (d) provided that,
18 if such motor vehicle is used or to be used as an omnibus, the applicant
19 also shall so certify, and in the case of an omnibus also certify as to
20 the seating capacity, and if the omnibus is to be operated wholly within
21 a municipality pursuant to a franchise other than a franchise express or
22 implied in articles of incorporation upon certain streets designated in
23 such franchise, those facts shall also be certified, and a certified
24 copy of such franchise furnished to the commissioner; (e) provided,
25 that, if such motor vehicle is an altered livery, the applicant shall so
26 furnish a certified copy of the length of the center panel of such vehi-
27 cle, provided, however, that the commissioner shall require such proof,
28 as he may determine is necessary, in the application for registration
29 and provided further, if the center panel of such vehicle exceeds one
30 hundred inches, the commissioner shall require proof that such vehicle
31 is in compliance with all applicable federal and state motor vehicle
32 safety standards; and (f) such additional facts or evidence as the
33 commissioner may require in connection with the application for regis-
34 tration. Every owner of a trailer shall also make application for the
35 registration thereof in the manner herein provided for an application to
36 register a motor vehicle, but shall contain a statement showing the
37 manufacturer's number or other identification satisfactory to the
38 commissioner and no number plate for a trailer issued under the
39 provisions of subdivision three of section four hundred two of this
40 chapter shall be transferred to or used upon any other trailer than the
41 one for which number plate is issued. The commissioner shall require
42 proof, in the application for registration, or otherwise, as such
43 commissioner may determine, that the motor vehicle for which registra-
44 tion is applied for is equipped with lights conforming in all respects
45 to the requirements of this chapter, and no motor vehicle shall be
46 registered unless it shall appear by such proofs that such motor vehicle
47 is equipped with proper lights as aforesaid. The said application shall
48 contain or be accompanied by such evidence of the ownership of the motor
49 vehicle described in the application as may be required by the commis-
50 sioner or his agent and which, with respect to new vehicles, shall
51 include, unless otherwise specifically provided by the commissioner, the
52 manufacturer's statement of origin. Applications received by an agent of
53 the commissioner shall be forwarded to the commissioner as he shall
54 direct for filing. No application for registration shall be accepted
55 unless the applicant is at least sixteen years of age.
A. 11589 3
1 S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
2 amended by a chapter of the laws of 2010, amending the vehicle and traf-
3 fic law and other laws relating to implementing the "New York state
4 organ donor awareness and education act" as proposed in legislative
5 bills numbers S. 7727-A and A. 10374-C, is amended to read as follows:
6 1. Application for license. Application for a driver's license shall
7 be made to the commissioner. The fee prescribed by law may be submitted
8 with such application. The applicant shall furnish such proof of identi-
9 ty, age, and fitness as may be required by the commissioner. The commis-
10 sioner may also provide that the application procedure shall include the
11 taking of a photo image or images of the applicant in accordance with
12 rules and regulations prescribed by the commissioner. In addition, the
13 commissioner also shall require that the applicant provide his or her
14 social security number and provide space on the application so that the
15 applicant may register or decline registration AT THIS TIME in the New
16 York state organ and tissue donor registry under section forty-three
17 hundred ten of the public health law, as indicated by checking "yes" or
18 ["no"] "NOT AT THIS TIME" to registration in such registry together with
19 the applicant's signature within a designated area (separate from the
20 final signature certifying the validity of the information provided in
21 the overall application) together with space for specific anatomical
22 gifts and the following statement in clear, conspicuous and boldface
23 type in capital letters: "ORGAN DONOR CONSENT STATEMENT: IF ON THIS FORM
24 YOU MARKED "YES" TO REGISTER AS AN ORGAN AND TISSUE DONOR, YOU ARE
25 LEGALLY AUTHORIZING THE RECOVERY OF ANY AND ALL ORGANS AND/OR TISSUES IN
26 THE EVENT OF YOUR DEATH AND YOUR NAME WILL BE ADDED TO THE NEW YORK
27 STATE DONATE LIFE REGISTRY. IF YOU WISH TO DONATE ONLY SPECIFIC ORGANS
28 AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE SPACE PROVIDED BELOW.
29 REGISTERING AS A DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN ANY
30 WAY. AS OUTLINED IN S 4301 OF THE NEW YORK STATE PUBLIC HEALTH LAW, YOUR
31 AUTHORIZATION IS LEGALLY BINDING AND, UNLESS THE DONOR IS UNDER AGE 18,
32 YOUR DECISION DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON. FOR
33 REGISTERED DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE FINAL
34 DONATION DECISION." Declining to enroll in the New York State Donate
35 Life Registry under this section by marking the ["no"] "NOT AT THIS
36 TIME" box on the application and separately signing shall NOT be deemed
37 a [showing that the donor has revoked the authorization pursuant to
38 subdivision one of S 4301 of the public health law, which the commis-
39 sioner shall immediately report to the department of health] DECLINATION
40 TO REGISTER BUT SHALL BE CONSIDERED A DEFERRAL OF THE DECISION. In addi-
41 tion, an applicant for a commercial driver's license who will operate a
42 commercial motor vehicle in interstate commerce shall certify that such
43 applicant meets the requirements to operate a commercial motor vehicle,
44 as set forth in public law 99-570, title XII, and title 49 of the code
45 of federal regulations, and all regulations promulgated by the United
46 States secretary of transportation under the hazardous materials trans-
47 portation act. Upon a determination that the holder of a commercial
48 driver's license has made any false statement, with respect to the
49 application for such license, the commissioner shall revoke such
50 license.
51 S 3. This act shall take effect on the same date and in the same
52 manner as a chapter of the laws of 2010, amending the vehicle and traf-
53 fic law and other laws relating to implementing the "New York state
54 organ donor awareness and education act" as proposed in legislative
55 bills numbers S. 7727-A and A. 10374-C, takes effect.
