NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A771
SPONSOR: Rosenthal L TITLE OF BILL:
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
PURPOSE:
This bill amends the information that may be listed on an application
for a driver's license or non-driver identification cards, regarding
whether an individual has executed an advance directive.
SUMMARY OF SPECIFIC PROVISIONS:
Sections one, two, three, four, and five make concurring amends to the
vehicle and traffic law relating to information that may be listed on an
application for a driver's license or non-driver identification card,
regarding whether an individual has executed an advanced directive.
Section six amends paragraph (a) of subdivision 1 of section 504 of the
vehicle and traffic law. Section seven sets forth the effective date.
JUSTIFICATION:
Advance directives, such as health care proxies or living wills, are
written instructions given by individuals specifying what medical care
they wish to receive, or abstain from receiving, should they become
unable to make such decisions in the future. These orders ensure that
patients' wishes about treatment are known and followed if they cannot
speak for themselves due to incapacitating illness or injury.
All New Yorkers should be made aware of their ability to execute advance
directives. By adding a question on the application for a driver's
license or non-driver identification cards, regarding whether an indi-
vidual has executed an advance directive, New York can raise awareness
about advance directives. Nothing in this legislation would require an
individual to complete an advance directive. Rather, it would simply ask
applicants if they have completed a health care proxy or living will.
All individuals in good health should consider preparing an advance
directive in case of sudden accident or illness.
LEGISLATIVE HISTORY:
2021-22: A.1542 - Referred to Transportation; S.1487 - Referred to
Transportation
2019-20: A.1089 - Referred to Transportation 2017-18: A.2178 - Referred
to Transportation
2015-16: A.449-A - Referred to Transportation; S.2581-A - Reported to
Finance
2013-14: A.7792 - Referred to Transportation
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
771
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
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 section 97 of part PP of chapter 56 of the
23 laws of 2022, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00808-01-3
A. 771 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 one of
16 the veterans' services law, and has received a discharge other than bad
17 conduct or dishonorable from such service, or (iii) is a discharged LGBT
18 veteran, as defined in section one of the veterans' services law, and
19 has received a discharge other than bad conduct or dishonorable from
20 such service, shall, upon his or her request and submission of proof as
21 set forth herein, contain a distinguishing mark, in such form as the
22 commissioner shall determine, indicating that he or she is a veteran.
23 Such proof shall consist of a certificate of release or discharge from
24 active duty including but not limited to a DD Form 214 or other proof
25 satisfactory to the commissioner. The commissioner shall not require
26 fees for the issuance of such identification cards or renewals thereof
27 to persons under twenty-one years of age which are different from the
28 fees required for the issuance of identification cards or renewals ther-
29 eof to persons twenty-one years of age or over, nor fees to persons
30 requesting a veteran distinguishing mark which are different from fees
31 that would otherwise be required. Provided, however, that notwithstand-
32 ing the provisions of section four hundred ninety-one of this article,
33 the commissioner shall not require any fees for the duplication or
34 amendment of an identification card prior to its renewal if such dupli-
35 cation or amendment was solely for the purpose of adding a veteran
36 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. 771 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. 771 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 and
10 conspicuous type:
11 "You must fill out the following section: Would you like to be added
12 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
13 tion'."
14 The commissioner of the department of health shall not maintain
15 records of any person who checks "skip this question". Failure to check
16 a box shall not impair the validity of an application, and failure to
17 check "yes" or checking "skip this question" shall not be construed to
18 imply a wish not to donate. In the case of an applicant under eighteen
19 years of age, checking "yes" shall not constitute consent to make an
20 anatomical gift or registration in the donate life registry. Where an
21 applicant has previously consented to make an anatomical gift or regis-
22 tered in the donate life registry, checking "skip this question" or
23 failing 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 "medical
A. 771 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 the amendments made to paragraph (b) of subdivision 3 of section 490 of
35 the vehicle and traffic law made by section two of this act shall take
36 effect on the same date and in the same manner as section 97 of part PP
37 of chapter 56 of the laws of 2022, takes effect; provided, however, that
38 section three of this act shall take effect on the one hundred eightieth
39 day after it shall have become a law; and provided, further, that
40 section four of this act shall take effect October 3, 2026.
