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
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 Subdivision 1 of section 502 of the vehicle and traffic law is 14 REPEALED and a new subdivision 1 is added to read as follows: 15 1.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. LBD07565-02-7S. 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 theS. 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 in4clear and conspicuous type:5"You must fill out the following section: Would you like to be added6to the Donate Life Registry? Check box for 'yes' or 'skip this ques-7tion'."8The commissioner of health shall not maintain records of any person9who checks "skip this question". Except where the application is made in10person or electronically, failure to check a box shall not impair the11validity of an application, and failure to check "yes" or checking "skip12this question" shall not be construed to imply a wish not to donate. In13the case of an applicant under eighteen years of age, checking "yes"14shall not constitute consent to make an anatomical gift or registration15in the donate life registry. Where an applicant has previously consented16to make an anatomical gift or registered in the donate life registry,17checking "skip this question" or failing to check a box shall not impair18that 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.