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14 REPEALED and a new subdivision 1 is added to read as follows: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.