Bill Text: NY S04034 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to notification of the national bone marrow program on non-driver ids and license applications and voter applications.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-02-09 - PRINT NUMBER 4034A [S04034 Detail]

Download: New_York-2017-S04034-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4034
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 2, 2017
                                       ___________
        Introduced  by  Sens.  RANZENHOFER,  GALLIVAN,  GOLDEN -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Transportation
        AN  ACT  to  amend  the vehicle and traffic law and the election law, in
          relation to notification of the national bone marrow program;  and  to
          repeal  certain  provisions  of  the  vehicle and traffic law relating
          thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 101-d to read as follows:
     3    § 101-d. Bone marrow donor contact information.   The national  marrow
     4  donor program contact information including the mailing address, contact
     5  telephone number and website address.
     6    § 2. Section 490 of the vehicle and traffic law is amended by adding a
     7  new subdivision 2-a to read as follows:
     8    2-a.  In addition to the provision of subdivision two of this section,
     9  the commissioner shall ensure that space is provided on the  application
    10  to  advise  applicants  of  the  existence  of the national marrow donor
    11  program and to provide, at a minimum, the contact information  for  this
    12  program and a description of its purpose.
    13    §  3.  Subdivision  1 of section 502 of the vehicle and traffic law is
    14  REPEALED and a new subdivision 1 is added to read as follows:
    15    1. Application for license. Application for a driver's  license  shall
    16  be  made to the commissioner. The fee prescribed by law may be submitted
    17  with such application. The applicant shall furnish such proof of identi-
    18  ty, age, and fitness as may  be  required  by  the  commissioner.    The
    19  commissioner  may  also  provide  that  the  application procedure shall
    20  include the taking of a photo  image  or  images  of  the  applicant  in
    21  accordance with rules and regulations prescribed by the commissioner. In
    22  addition, the commissioner also shall require that the applicant provide
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07565-02-7

        S. 4034                             2
     1  his  or her social security number and shall provide space on the appli-
     2  cation so that the applicant may register in the New  York  state  organ
     3  and  tissue  donor registry under section forty-three hundred ten of the
     4  public  health law with the following stated on the application in clear
     5  and conspicuous type:
     6    "You must fill out the following section: Would you like to  be  added
     7  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
     8  tion'."
     9    The commissioner of health shall not maintain records  of  any  person
    10  who checks "skip this question". Except where the application is made in
    11  person  or  electronically,  failure to check a box shall not impair the
    12  validity of an application, and failure to check "yes" or checking "skip
    13  this question" shall not be construed to imply a wish not to donate.  In
    14  the  case  of  an  applicant under eighteen years of age, checking "yes"
    15  shall not constitute consent to make an anatomical gift or  registration
    16  in the donate life registry. Where an applicant has previously consented
    17  to  make  an  anatomical gift or registered in the donate life registry,
    18  checking "skip this question" or failing to check a box shall not impair
    19  that consent or registration. In addition, the commissioner  also  shall
    20  require  that  space  shall  be  provided on the application so that the
    21  applicant may request a notation upon such license that he or she  is  a
    22  veteran of the United States armed forces. Additionally, the commission-
    23  er  shall  ensure  that  space  is provided on the application to advise
    24  applicants of the existence of the national marrow donor program and  to
    25  provide,  at  a  minimum, the contact information for this program and a
    26  description of its purpose.
    27    In addition, an applicant for a commercial driver's license  who  will
    28  operate  a commercial motor vehicle in interstate commerce shall certify
    29  that such applicant meets the requirements to operate a commercial motor
    30  vehicle, as set forth in public law 99-570, title XII, and title  49  of
    31  the  code of federal regulations, and all regulations promulgated by the
    32  United States secretary of transportation under the hazardous  materials
    33  transportation  act. In addition, an applicant for a commercial driver's
    34  license shall submit a medical certificate at such intervals as required
    35  by the federal motor carrier safety improvement act  of  1999  and  Part
    36  383.71(h)  of  title  49  of the code of federal regulations relating to
    37  medical certification and in a manner prescribed  by  the  commissioner.
    38  For  purposes  of  this  section  and  sections five hundred three, five
    39  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    40  certificate" and "medical certification" shall mean a form substantially
    41  in compliance with the form set forth in Part 391.43(h) of title  49  of
    42  the code of federal regulations. Upon a determination that the holder of
    43  a commercial driver's license has made any false statement, with respect
    44  to  the application for such license, the commissioner shall revoke such
    45  license.
    46    § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    47  added by section three of this act, is amended to read as follows:
    48    1.  Application  for license. Application for a driver's license shall
    49  be made to the commissioner. The fee prescribed by law may be  submitted
    50  with such application. The applicant shall furnish such proof of identi-
    51  ty,  age,  and  fitness  as  may  be required by the commissioner.   The
    52  commissioner may also  provide  that  the  application  procedure  shall
    53  include  the  taking  of  a  photo  image  or images of the applicant in
    54  accordance with rules and regulations prescribed by the commissioner. In
    55  addition, the commissioner also shall require that the applicant provide
    56  his or her social security number  and  [shall]  provide  space  on  the

        S. 4034                             3
     1  application  so  that  the  applicant may register in the New York state
     2  organ and tissue donor registry under section forty-three hundred ten of
     3  the public health law [with the following stated on the  application  in
     4  clear and conspicuous type:
     5    "You  must  fill out the following section: Would you like to be added
     6  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
     7  tion'."
     8    The  commissioner  of  health shall not maintain records of any person
     9  who checks "skip this question". Except where the application is made in
    10  person or electronically, failure to check a box shall  not  impair  the
    11  validity of an application, and failure to check "yes" or checking "skip
    12  this  question" shall not be construed to imply a wish not to donate. In
    13  the case of an applicant under eighteen years  of  age,  checking  "yes"
    14  shall  not constitute consent to make an anatomical gift or registration
    15  in the donate life registry. Where an applicant has previously consented
    16  to make an anatomical gift or registered in the  donate  life  registry,
    17  checking "skip this question" or failing to check a box shall not impair
    18  that  consent or registration]. In addition, the commissioner also shall
    19  require that space shall be provided on  the  application  so  that  the
    20  applicant  may  request a notation upon such license that he or she is a
    21  veteran of the United States armed forces. Additionally, the commission-
    22  er shall ensure that space is provided  on  the  application  to  advise
    23  applicants  of the existence of the national marrow donor program and to
    24  provide, at a minimum, the contact information for this  program  and  a
    25  description of its purpose.
    26    In  addition,  an applicant for a commercial driver's license who will
    27  operate a commercial motor vehicle in interstate commerce shall  certify
    28  that such applicant meets the requirements to operate a commercial motor
    29  vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
    30  the code of federal regulations, and all regulations promulgated by  the
    31  United  States secretary of transportation under the hazardous materials
    32  transportation 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    § 5. Section 508 of the vehicle and traffic law is amended by adding a
    46  new subdivision 6 to read as follows:
    47    6. The commissioner is directed to develop the license application and
    48  renewal  forms  and  the  directions  accompanying these forms to advise
    49  applicants of the existence of the national marrow donor program and  to
    50  provide,  at  a  minimum, the contact information for this program and a
    51  description of its purpose, and to further  amend  the  website  of  the
    52  department  to provide national marrow donor program contact information
    53  and a description of its purpose.
    54    § 6. Section 1-104 of the election law is  amended  by  adding  a  new
    55  subdivision 38 to read as follows:

        S. 4034                             4
     1    38. The term "bone marrow contact information" shall mean the national
     2  marrow  donor program contact information including the mailing address,
     3  contact telephone number and website address.
     4    § 7. Paragraph k of subdivision 5 of section 5-210 of the election law
     5  is amended by adding a new subparagraph (xiii) to read as follows:
     6    (xiii) Notification of the national bone marrow program contact infor-
     7  mation and a description of its purpose.
     8    § 8. Notwithstanding any other provision of law, rule or regulation to
     9  the  contrary,  the  department of motor vehicles shall revise the paper
    10  applications or renewal forms to include the information  pertaining  to
    11  the  national  bone marrow program pursuant to sections one, two, three,
    12  four  and five of this act when the current stock  of  forms  have  been
    13  depleted.
    14    § 9. This act shall take effect on the one hundred eightieth day after
    15  it  shall  have become law; provided, however, that section four of this
    16  act shall take effect October 3, 2018. Effective immediately, the  addi-
    17  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    18  the implementation of this act on its effective date are  authorized  to
    19  be made and completed on or before such effective date.
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