Bill Text: NY A01542 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to health care proxy information on driver's licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A01542 Detail]
Download: New_York-2021-A01542-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1542 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. L. 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. Section 490 of the vehicle and traffic law, is amended by 2 adding a new subdivision 2-a to read as follows: 3 2-a. In addition to the provisions of subdivision two of this section, 4 the commissioner shall ensure that space is provided on the application 5 so that the applicant shall indicate a declaration relating to the 6 designation of a health care proxy pursuant to section twenty-nine 7 hundred eighty-one of the public health law and that the following is 8 typed in clear and conspicuous type: 9 "You must fill out the following section: Have you completed a health 10 care proxy? Check box for 'yes' or 'skip this question'." Followed by a 11 space for the health care agent's name. 12 The commissioner shall also ensure that space is provided on the 13 application so that the applicant shall indicate a declaration relating 14 to the use of life-sustaining treatment and that the following is typed 15 in clear and conspicuous type: 16 "You must fill out the following section: Have you completed a living 17 will? Check box for 'yes' or 'skip this question'." 18 The commissioner shall make whatever provisions are feasible and 19 desirable to maintain and issue all suitable documents regarding 20 advanced directives at driver's license examining offices. 21 § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 22 traffic law, as amended by chapter 490 of the laws of 2019, is amended 23 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01057-01-1A. 1542 2 1 (b) The identification card shall contain a distinguishing number or 2 mark and adequate space upon which an anatomical gift, pursuant to arti- 3 cle forty-three of the public health law, a declaration relating to a 4 health care proxy, pursuant to section twenty-nine hundred eighty-one of 5 the public health law, and a declaration relating to the use of life- 6 sustaining treatments by the holder may be recorded and shall contain 7 such other information and shall be issued in such form as the commis- 8 sioner shall determine; provided, however, every identification card or 9 renewal thereof issued to a person under the age of twenty-one years 10 shall have prominently imprinted thereon the statement "UNDER 21 YEARS 11 OF AGE" in notably distinctive print or format. Provided, further, 12 however, that every identification card issued to an applicant who was a 13 member of the armed forces of the United States and (i) received an 14 honorable discharge or was released therefrom under honorable condi- 15 tions, or (ii) has a qualifying condition, as defined in section three 16 hundred fifty of the executive law, and has received a discharge other 17 than bad conduct or dishonorable from such service, or (iii) is a 18 discharged LGBT veteran, as defined in section three hundred fifty of 19 the executive law, and has received a discharge other than bad conduct 20 or dishonorable from such service, shall, upon his or her request and 21 submission of proof as set forth herein, contain a distinguishing mark, 22 in such form as the commissioner shall determine, indicating that he or 23 she is a veteran. Such proof shall consist of a certificate of release 24 or discharge from active duty including but not limited to a DD Form 214 25 or other proof satisfactory to the commissioner. The commissioner shall 26 not require fees for the issuance of such identification cards or 27 renewals thereof to persons under twenty-one years of age which are 28 different from the fees required for the issuance of identification 29 cards or renewals thereof to persons twenty-one years of age or over, 30 nor fees to persons requesting a veteran distinguishing mark which are 31 different from fees that would otherwise be required. Provided, however, 32 that notwithstanding the provisions of section four hundred ninety-one 33 of this article, the commissioner shall not require any fees for the 34 duplication or amendment of an identification card prior to its renewal 35 if such duplication or amendment was solely for the purpose of adding a 36 veteran distinguishing mark to such identification card. 37 § 3. Subdivision 1 of section 502 of the vehicle and traffic law is 38 REPEALED and a new subdivision 1 is added to read as follows: 39 1. Application for license. Application for a driver's license shall 40 be made to the commissioner. The fee prescribed by law may be submitted 41 with such application. The applicant shall furnish such proof of identi- 42 ty, age, and fitness as may be required by the commissioner. Eligibility 43 for a driver's license shall not be conditioned on a particular immi- 44 gration status. The commissioner may also provide that the application 45 procedure shall include the taking of a photo image or images of the 46 applicant in accordance with rules and regulations prescribed by the 47 commissioner. In addition, the commissioner also shall require that the 48 applicant provide his or her social security number where such applicant 49 is a legal immigrant and shall provide space on the application so that 50 the applicant may register in the New York state organ and tissue donor 51 registry under section forty-three hundred ten of the public health law 52 with the following stated on the application in clear and conspicuous 53 type: 54 "You must fill out the following section: Would you like to be added 55 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 56 tion'."A. 1542 3 1 The commissioner of the department of health shall not maintain 2 records of any person who checks "skip this question". Failure to check 3 a box shall not impair the validity of an application, and failure to 4 check "yes" or checking "skip this question" shall not be construed to 5 imply a wish not to donate. In the case of an applicant under eighteen 6 years of age, checking "yes" shall not constitute consent to make an 7 anatomical gift or registration in the donate life registry. Where an 8 applicant has previously consented to make an anatomical gift or regis- 9 tered in the donate life registry, checking "skip this question" or 10 failing to check a box shall not impair that consent or registration. In 11 addition, the commissioner also shall require that space shall be 12 provided on the application so that the applicant may request a notation 13 upon such license that he or she is a veteran of the United States armed 14 forces. Additionally, the commissioner shall ensure that space is 15 provided on the application so that the applicant shall indicate a 16 declaration relating to the designation of a health care proxy pursuant 17 to section twenty-nine hundred eighty-one of the public health law and 18 that the following is typed in clear and conspicuous type: 19 "You must fill out the following section: Have you completed a health 20 care proxy? Check box for 'yes' or 'skip this question'." Followed by a 21 space for the health care agent's name. 22 The commissioner shall also ensure that space is provided on the 23 application so that the applicant shall indicate a declaration relating 24 to the use of life-sustaining treatment and that the following is typed 25 in clear and conspicuous type: 26 "You must fill out the following section: Have you completed a living 27 will? Check box for 'yes' or 'skip this question'." 28 The commissioner shall make whatever provisions are feasible and 29 desirable to maintain and issue all suitable documents regarding 30 advanced directives at driver's license examining offices. In addition, 31 an applicant for a commercial driver's license who will operate a 32 commercial motor vehicle in interstate commerce shall certify that such 33 applicant meets the requirements to operate a commercial motor vehicle, 34 as set forth in public law 99-570, title XII, and title 49 of the code 35 of federal regulations, and all regulations promulgated by the United 36 States secretary of transportation under the hazardous materials trans- 37 portation act. In addition, an applicant for a commercial driver's 38 license shall submit a medical certificate at such intervals as required 39 by the federal motor carrier safety improvement act of 1999 and Part 40 383.71(h) of title 49 of the code of federal regulations relating to 41 medical certification and in a manner prescribed by the commissioner. 42 For purposes of this section and sections five hundred three, five 43 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 44 certificate" and "medical certification" shall mean a form substantially 45 in compliance with the form set forth in Part 391.43(h) of title 49 of 46 the code of federal regulations. Upon a determination that the holder of 47 a commercial driver's license has made any false statement, with respect 48 to the application for such license, the commissioner shall revoke such 49 license. 50 § 4. Subdivision 1 of section 502 of the vehicle and traffic law, as 51 added by section three of this act, is amended to read as follows: 52 1. Application for license. Application for a driver's license shall 53 be made to the commissioner. The fee prescribed by law may be submitted 54 with such application. The applicant shall furnish such proof of identi- 55 ty, age, and fitness as may be required by the commissioner. Eligibility 56 for a driver's license shall not be conditioned on a particular immi-A. 1542 4 1 gration status. The commissioner may also provide that the application 2 procedure shall include the taking of a photo image or images of the 3 applicant in accordance with rules and regulations prescribed by the 4 commissioner. In addition, the commissioner also shall require that the 5 applicant provide his or her social security number where such applicant 6 is a legal immigrant and [shall] provide space on the application so 7 that the applicant may register in the New York state organ and tissue 8 donor registry under section forty-three hundred ten of the public 9 health law [with the following stated on the application in clear and10conspicuous type:11"You must fill out the following section: Would you like to be added12to the Donate Life Registry? Check box for 'yes' or 'skip this ques-13tion'."14The commissioner of the department of health shall not maintain15records of any person who checks "skip this question". Failure to check16a box shall not impair the validity of an application, and failure to17check "yes" or checking "skip this question" shall not be construed to18imply a wish not to donate. In the case of an applicant under eighteen19years of age, checking "yes" shall not constitute consent to make an20anatomical gift or registration in the donate life registry. Where an21applicant has previously consented to make an anatomical gift or regis-22tered in the donate life registry, checking "skip this question" or23failing to check a box shall not impair that consent or registration]. 24 In addition, the commissioner also shall require that space shall be 25 provided on the application so that the applicant may request a notation 26 upon such license that he or she is a veteran of the United States armed 27 forces. Additionally, the commissioner shall ensure that space is 28 provided on the application so that the applicant shall indicate a 29 declaration relating to the designation of a health care proxy pursuant 30 to section twenty-nine hundred eighty-one of the public health law and 31 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. In addition, 44 an applicant for a commercial driver's license who will operate a 45 commercial motor vehicle in interstate commerce shall certify that such 46 applicant meets the requirements to operate a commercial motor vehicle, 47 as set forth in public law 99-570, title XII, and title 49 of the code 48 of federal regulations, and all regulations promulgated by the United 49 States secretary of transportation under the hazardous materials trans- 50 portation act. In addition, an applicant for a commercial driver's 51 license shall submit a medical certificate at such intervals as required 52 by the federal motor carrier safety improvement act of 1999 and Part 53 383.71(h) of title 49 of the code of federal regulations relating to 54 medical certification and in a manner prescribed by the commissioner. 55 For purposes of this section and sections five hundred three, five 56 hundred ten-a, and five hundred ten-aa of this title, the terms "medicalA. 1542 5 1 certificate" and "medical certification" shall mean a form substantially 2 in compliance with the form set forth in Part 391.43(h) of title 49 of 3 the code of federal regulations. Upon a determination that the holder of 4 a commercial driver's license has made any false statement, with respect 5 to the application for such license, the commissioner shall revoke such 6 license. 7 § 5. Paragraph (a) of subdivision 1 of section 504 of the vehicle and 8 traffic law, as separately amended by chapters 568 and 639 of the laws 9 of 2006, is amended to read as follows: 10 (a) Every license or renewal thereof shall contain a distinguishing 11 mark and adequate space upon which an anatomical gift, pursuant to 12 section forty-three hundred ten of the public health law, by the licen- 13 see shall be recorded and shall contain such other information and shall 14 be issued in such form as the commissioner shall determine; provided, 15 however, every license or renewal thereof issued to a person under the 16 age of twenty-one years shall have prominently imprinted upon it the 17 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or 18 format; provided further, however, every license or renewal thereof 19 issued to a person making an anatomical gift shall have prominently 20 printed upon the front of such license or renewal thereof the statement 21 "ORGAN DONOR" in notably distinctive print or format; provided that 22 every license shall have imprinted on the back "Designated health care 23 agent:" followed by a space for the health care agent's name and contact 24 information; and provided further that every license shall have 25 imprinted on the back "Executed declaration relating to life-sustaining 26 treatment:" followed by a space to mark the appropriate box "Yes" or 27 "No". The commissioner shall not require fees for the issuance of such 28 licenses or renewals thereof to persons under twenty-one years of age or 29 to persons making an anatomical gift which are different from the fees 30 required for the issuance of licenses or renewals thereof to persons 31 twenty-one years of age or over or to persons not making an anatomical 32 gift. 33 § 6. This act shall take effect immediately; provided, however, that 34 section three of this act shall take effect on the one hundred eightieth 35 day after it shall have become a law, and section four of this act shall 36 take effect October 3, 2024.
