A5402A-2011 Actions

• Jun 12, 2012: print number 5402a
• Jun 12, 2012: amend and recommit to codes
• Jun 12, 2012: reported referred to codes
• Jan 4, 2012: referred to transportation
• Feb 18, 2011: referred to transportation

A5402A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5402--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 18, 2011
 
 Introduced by M. of A. ROBINSON, ORTIZ, SCHIMEL, PEOPLES-STOKES, REILLY,
 N. RIVERA, CAHILL, STEVENSON, ROBERTS, TITONE -- Multi-Sponsored by -
 M.  of A.  BOYLAND, COOK -- read once and referred to the Committee on
 Transportation -- reported and referred to the Committee on  Codes  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee
 

AN ACT to amend the vehicle and traffic law, the state finance  law  and
 the public health law, in relation to implementing the "New York state
 organ donor awareness and education act"
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Short title. This act shall be known and may be  cited  as
 the "New York state organ donor awareness and education act".
 

S  2.  Paragraph b of subdivision 1 of  section 401 of the vehicle and
 traffic law, as amended by chapter 222 of the laws of 1996,  is  amended
 to read as follows:

 b.  Every  owner  of a motor vehicle which shall be operated or driven
 upon the public highways  of  this  state  shall,  except  as  otherwise
 expressly  provided, cause to be presented, by mail or otherwise, to the
 office or a branch office of the commissioner, or to any  agent  of  the
 commissioner,  constituted  as  provided in this chapter, an application
 for registration addressed to the commissioner, and on  a  blank  to  be
 prepared  under  the  direction of and furnished by the commissioner for
 that purpose, containing: (a) a brief description of the  motor  vehicle
 to be registered, including the name and factory number of such vehicle,
 and  such  other facts as the commissioner shall require; (b) the weight
 of the vehicle upon which the registration fee is based if  the  fee  is
 based  on  weight;  (c)  the name and residence, including county of the
 owner of such motor vehicle; (C-1) WITH RESPECT TO VEHICLES  SUBJECT  TO
 REGISTRATION  PURSUANT  TO  SUBDIVISION SIX, PARAGRAPH ONE OF SCHEDULE B
 AND SCHEDULE C OF SUBDIVISION SEVEN OF THIS SECTION, SPACE ON THE APPLI
 CATION AND RENEWAL APPLICATION TO ENABLE THE APPLICANT  TO  REGISTER  OR
 DECLINE REGISTRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY PURSUANT
 TO  SECTION  FORTY-THREE  HUNDRED TEN OF THE PUBLIC HEALTH LAW, AS INDI
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06083-04-2
 
       A. 5402--A                          2
 CATED BY CHECKING "YES" OR "NO" TO REGISTRATION IN SUCH REGISTRY;  SPACE
 FOR  THE  APPLICANT'S  SIGNATURE WITHIN A DESIGNATED AREA (SEPARATE FROM
 THE FINAL SIGNATURE CERTIFYING THE VALIDITY OF THE INFORMATION  PROVIDED
 IN THE OVERALL APPLICATION FOR REGISTRATION); AND WITH SPACE FOR SPECIF
 IC ANATOMICAL GIFTS, WITH  THE FOLLOWING STATEMENT IN CLEAR, CONSPICUOUS
 AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR CONSENT STATEMENT: IF
 ON  THIS FORM YOU MARKED "YES" TO REGISTER AS AN ORGAN AND TISSUE DONOR,
 YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF ANY AND  ALL  ORGANS  AND/OR
 TISSUES  IN  THE  EVENT OF YOUR DEATH AND YOUR NAME WILL BE ADDED TO THE
 NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO DONATE ONLY SPECIFIC
 ORGANS AND/OR TISSUES YOU MUST  SPECIFY  THOSE  IN  THE  SPACE  PROVIDED
 BELOW.  REGISTERING AS A DONOR WILL NOT AFFECT YOUR MEDICAL TREATMENT IN
 ANY  WAY. AS OUTLINED IN

S 4301 OF THE NEW YORK STATE PUBLIC HEALTH LAW,
 YOUR AUTHORIZATION IS LEGALLY BINDING AND, UNLESS THE DONOR IS UNDER AGE
 18, YOUR DECISION DOES NOT REQUIRE THE CONSENT OF ANY OTHER PERSON.  FOR
 REGISTERED  DONORS UNDER AGE 18, THE LEGAL GUARDIAN SHALL MAKE THE FINAL
 DONATION DECISION."; (C-2) DECLINING TO ENROLL IN  THE  NEW  YORK  STATE
 DONATE  LIFE REGISTRY UNDER THIS SECTION BY MARKING  THE "NO" BOX ON THE
 APPLICATION AND SEPARATELY SIGNING SHALL BE DEEMED A  SHOWING  THAT  THE
 DONOR  HAS  REVOKED  THE  AUTHORIZATION  PURSUANT  TO SUBDIVISION ONE OF
 SECTION FORTY-THREE HUNDRED ONE OF THE  PUBLIC  HEALTH  LAW,  WHICH  THE
 COMMISSIONER  SHALL  IMMEDIATELY REPORT TO THE DEPARTMENT OF HEALTH; (d)
 provided that, if such motor vehicle is used or to be used as  an  omni
 bus,  the applicant also shall so certify, and in the case of an omnibus
 also certify as to the seating capacity, and if the  omnibus  is  to  be
 operated wholly within a municipality pursuant to a franchise other than
 a franchise express or implied in articles of incorporation upon certain
 streets  designated  in such franchise, those facts shall also be certi
 fied, and a certified copy of such franchise furnished  to  the  commis
 sioner;  (e) provided, that, if such motor vehicle is an altered livery,
 the applicant shall so furnish a certified copy of  the  length  of  the
 center  panel  of such vehicle, provided, however, that the commissioner
 shall require such proof, as he  may  determine  is  necessary,  in  the
 application  for  registration and provided further, if the center panel
 of such vehicle exceeds  one  hundred  inches,  the  commissioner  shall
 require  proof  that  such  vehicle is in compliance with all applicable
 federal and state motor vehicle safety standards;  and  (f)  such  addi
 tional  facts  or evidence as the commissioner may require in connection
 with the application for registration. Every owner of  a  trailer  shall
 also  make application for the registration thereof in the manner herein
 provided for an application to  register  a  motor  vehicle,  but  shall
 contain a statement showing the manufacturer's number or other identifi
 cation satisfactory to the commissioner and no number plate for a trail
 er  issued  under  the  provisions  of subdivision three of section four
 hundred two of this [chapter] ARTICLE shall be transferred  to  or  used
 upon  any  other  trailer than the one for which number plate is issued.
 The commissioner shall require proof, in the application  for  registra
 tion,  or  otherwise, as such commissioner may determine, that the motor
 vehicle for which registration is applied for is  equipped  with  lights
 conforming  in  all respects to the requirements of this chapter, and no
 motor vehicle shall be registered unless it shall appear by such  proofs
 that such motor vehicle is equipped with proper lights as aforesaid. The
 said application shall contain or be accompanied by such evidence of the
 ownership  of  the  motor vehicle described in the application as may be
 required by the commissioner or his agent and which, with respect to new
 vehicles, shall include, unless otherwise specifically provided  by  the
 
       A. 5402--A                          3
 commissioner,  the  manufacturer's  statement  of  origin.  Applications
 received by an agent of the  commissioner  shall  be  forwarded  to  the
 commissioner as he shall direct for filing. No application for registra
 tion shall be accepted unless the applicant is at least sixteen years of
 age.
 

S  3.  Subdivision  3 of section 401 of the vehicle and traffic law is
 amended by adding a new paragraph e to read as follows:

 E. IN PROCESSING ANY APPLICATION FOR A CERTIFICATE OF REGISTRATION  OF
 RENEWAL  THEREOF  PURSUANT  TO  THIS  ARTICLE OR TO TITLE ELEVEN OF THIS
 CHAPTER, THE COMMISSIONER SHALL PROVIDE  APPLICANTS  WITH  INFORMATIONAL
 MATERIALS  DESCRIBING  ORGAN  AND  TISSUE  DONATION,  THE NEW YORK STATE
 DONATE LIFE REGISTRY  FOR  ORGAN  AND  TISSUE  DONATIONS  (WITH  CURRENT
 CONTACT  INFORMATION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE
 ADDRESSES), AND THE "LIFE PASS IT ON"  TRUST  FUND.  SUCH  INFORMATIONAL
 MATERIALS SHALL BE DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY
 THEREAFTER.
 

S  4.  Paragraph  a of subdivision 3 of section 401 of the vehicle and
 traffic law, as amended by section 1 of part H of chapter 59 of the laws
 of 2009, is amended to read as follows:

 a. Upon filing of such application and the payment of the fee [herein-
 after] AS provided IN THIS SECTION, the  commissioner  shall  assign  to
 such  motor  vehicle  a  distinctive  number and, without expense to the
 applicant, issue and deliver in such  manner  as  the  commissioner  may
 select  to  the owner a certificate of registration, in such form as the
 commissioner shall prescribe, and two number plates at  a  place  within
 the  state of New York named by the applicant in his or her application.
 EVERY CERTIFICATE OF REGISTRATION ISSUED FOR A VEHICLE REGISTERED PURSU
 ANT TO SUBDIVISION SIX OR PARAGRAPH ONE OF SCHEDULE B AND SCHEDULE C  OF
 SUBDIVISION  SEVEN OF THIS SECTION TO A PERSON MAKING AN ANATOMICAL GIFT
 SHALL HAVE PROMINENTLY PRINTED UPON THE FRONT  OF  SUCH  CERTIFICATE  OF
 REGISTRATION  OR  RENEWAL THEREOF THE STATEMENT "ORGAN DONOR" IN NOTABLY
 DISTINCTIVE PRINT OR FORMAT. THE COMMISSIONER SHALL NOT REQUIRE FEES FOR
 THE ISSUANCE OF SUCH REGISTRATION OR RENEWAL THEREOF TO  PERSONS  MAKING
 AN  ANATOMICAL  GIFT  WHICH ARE DIFFERENT FROM THE FEES REQUIRED FOR THE
 ISSUANCE OF REGISTRATIONS OR RENEWALS THEREOF TO PERSONS NOT  MAKING  AN
 ANATOMICAL  GIFT.  A  number  plate, within the meaning of this chapter,
 may, in the discretion of the commissioner, be a plate  of  a  permanent
 nature,  treated with reflectorized material according to specifications
 prescribed by the commissioner, and with a date  tag  attached  to  such
 plate or to the vehicle as prescribed by regulations of the commissioner
 indicating  the  validity  of  the plate during a certain period and the
 issuance of such a number plate with such date tag to a person  possess
 ing  such a number plate shall be deemed the issuance of a number plate.
 An additional fee, not to exceed twenty-five dollars, shall be  paid  to
 the commissioner whenever a set of reflectorized number plates is issued
 for  any vehicle for which a registration fee is normally charged except
 that, with respect to any number plate which is  specifically  requested
 by  the  applicant,  such  fee  shall  be  paid to the commissioner upon
 approval of such request. In  the  event  of  the  loss,  mutilation  or
 destruction  of any certificate of registration, any number plate or set
 of number plates whether with or without a date tag or tags, or any date
 tag or set of date tags provided for in this article,  the  owner  of  a
 registered  motor vehicle may file such statement and proof of the facts
 as the commissioner shall require, with a fee of three dollars,  in  the
 office  of the commissioner, or, unless and until the commissioner shall
 otherwise direct, in the office of the agent who issued the certificate,
 
       A. 5402--A                          4
 plate, plates, tag or tags and the commissioner or his or her agent,  as
 the  case may be, shall issue a duplicate or substitute. It shall be the
 duty of every owner holding a certificate of registration to notify  the
 commissioner in writing of any change of residence of such person within
 ten  days after such change occurs, and to inscribe on such certificate,
 in the place provided by the commissioner, a record of  such  change  of
 residence.
 

S 5.

Section 401 of the vehicle and traffic law is amended by adding a
 new subdivision 20 to read as follows:

 20.  THE  COMMISSIONER IS DIRECTED TO DEVELOP REGISTRATION APPLICATION
 AND RENEWAL FORMS WHICH SHALL SOLICIT A VOLUNTARY  TWO  DOLLAR  DONATION
 FROM PERSONS APPLYING FOR OR RENEWING A VEHICLE REGISTRATION AT THE TIME
 OF  SUCH  APPLICATION  OR  RENEWAL. OF MONIES COLLECTED PURSUANT TO THIS
 SUBDIVISION, THE FIRST ONE  HUNDRED  FIFTY  THOUSAND  DOLLARS  SHALL  BE
 RETAINED  BY THE DEPARTMENT TO OFFSET ITS INITIAL PROGRAM COSTS.  SUBSE
 QUENTLY, FIVE PERCENT OF ANY MONIES COLLECTED PURSUANT TO THIS  SUBDIVI
 SION  SHALL  BE RETAINED BY THE DEPARTMENT FOR CONTINUING ADMINISTRATIVE
 COSTS. THE REMAINDER OF SUCH MONIES COLLECTED PURSUANT TO THIS  SUBDIVI
 SION  SHALL BE DEPOSITED IN THE "LIFE PASS IT ON" TRUST FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED  BY
 CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
 

S  6.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by section 1 of part D of chapter 58 of the  laws  of  2012,  is
 amended to read as follows:

 1.  Application for license.  Application for a driver's license shall
 be made to the commissioner.  The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi
 ty, age, and fitness as may be required by the commissioner. The commis
 sioner may also provide that the application procedure shall include the
 taking of a photo image or images of the applicant  in  accordance  with
 rules  and  regulations prescribed by the commissioner. In addition, the
 commissioner also shall require that the applicant provide  his  or  her
 social  security number and provide space on the application so that the
 applicant may register OR DECLINE REGISTRATION in  the  New  York  state
 organ and tissue donor registry under section forty-three hundred ten of
 the  public health law, AS INDICATED BY CHECKING "YES" OR "NO" TO REGIS
 TRATION IN SUCH REGISTRY TOGETHER WITH THE APPLICANT'S SIGNATURE  WITHIN
 A  DESIGNATED  AREA  (SEPARATE  FROM  THE FINAL SIGNATURE CERTIFYING THE
 VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL APPLICATION) TOGETH
 ER WITH SPACE FOR SPECIFIC ANATOMICAL GIFTS AND THE FOLLOWING  STATEMENT
 IN CLEAR, CONSPICUOUS AND BOLDFACE TYPE IN CAPITAL LETTERS: "ORGAN DONOR
 CONSENT  STATEMENT:  IF  ON THIS FORM YOU MARKED "YES" TO REGISTER AS AN
 ORGAN AND TISSUE DONOR, YOU ARE LEGALLY AUTHORIZING THE RECOVERY OF  ANY
 AND  ALL  ORGANS AND/OR TISSUES IN THE EVENT OF YOUR DEATH AND YOUR NAME
 WILL BE ADDED TO THE NEW YORK STATE DONATE LIFE REGISTRY. IF YOU WISH TO
 DONATE ONLY SPECIFIC ORGANS AND/OR TISSUES YOU MUST SPECIFY THOSE IN THE
 SPACE PROVIDED BELOW.   REGISTERING AS A  DONOR  WILL  NOT  AFFECT  YOUR
 MEDICAL  TREATMENT  IN  ANY  WAY.  AS OUTLINED IN

S 4301 OF THE NEW YORK
 STATE PUBLIC HEALTH LAW, YOUR  AUTHORIZATION  IS  LEGALLY  BINDING  AND,
 UNLESS  THE  DONOR  IS  UNDER AGE 18, YOUR DECISION DOES NOT REQUIRE THE
 CONSENT OF ANY OTHER PERSON. FOR REGISTERED DONORS  UNDER  AGE  18,  THE
 LEGAL  GUARDIAN  SHALL  MAKE THE FINAL DONATION DECISION."  DECLINING TO
 ENROLL IN THE NEW YORK STATE DONATE LIFE REGISTRY UNDER THIS SECTION  BY
 MARKING  THE "NO" BOX ON THE APPLICATION AND SEPARATELY SIGNING SHALL BE
 DEEMED A SHOWING THAT THE DONOR HAS REVOKED THE  AUTHORIZATION  PURSUANT
 TO SUBDIVISION ONE OF

S 4301 OF THE PUBLIC HEALTH LAW, WHICH THE COMMIS
 
       A. 5402--A                          5
 SIONER  SHALL  IMMEDIATELY REPORT TO THE DEPARTMENT OF HEALTH.  In addi
 tion, an applicant for a commercial driver's license who will operate  a
 commercial  motor vehicle in interstate commerce shall certify that such
 applicant  meets the requirements to operate a commercial motor vehicle,
 as set forth in public law 99-570, title XII, and title 49 of  the  code
 of  federal  regulations,  and all regulations promulgated by the United
 States secretary of transportation under the hazardous materials  trans
 portation  act.  In  addition,  an  applicant  for a commercial driver's
 license shall submit a medical certificate at such intervals as required
 by the federal motor carrier safety improvement act  of  1999  and  Part
 383.71(h)  of  title  49  of the code of federal regulations relating to
 medical certification and in a manner prescribed  by  the  commissioner.
 For  purposes  of  this  section  and  sections five hundred three, five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in compliance with the form set forth in Part 391.43(h) of title  49  of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 to  the application for such license, the commissioner shall revoke such
 license.
 

S 7. Subdivision 5 of section 508 of the vehicle and traffic  law,  as
 added by chapter 570 of the laws of 2006, is amended to read as follows:

 5.  The  commissioner  is  directed to develop license application and
 renewal forms which shall solicit a voluntary [one] TWO dollar  donation
 from  persons applying for or renewing a driver's license at the time of
 such application or renewal. Of monies collected pursuant to this subdi
 vision, the first one hundred fifty thousand dollars shall  be  retained
 by  the  department  to offset its initial program costs.  Subsequently,
 five percent of any monies collected pursuant to this subdivision  shall
 be  retained  by the department for continuing administrative costs. The
 remainder of such monies collected pursuant to this subdivision shall be
 deposited in the life pass it on  trust  fund  established  pursuant  to
 section ninety-five-d of the state finance law, as added by chapter four
 hundred fifteen of the laws of two thousand three.
 

S 8.

Section 508 of the vehicle and traffic law is amended by adding a
 new subdivision 6 to read as follows:

 6.  IN  PROCESSING  ANY  APPLICATION FOR A DRIVER'S LICENSE OR RENEWAL
 THEREOF PURSUANT TO THIS ARTICLE OR TO TITLE ELEVEN OF THIS CHAPTER, THE
 COMMISSIONER  SHALL  PROVIDE  APPLICANTS  WITH  INFORMATIONAL  MATERIALS
 DESCRIBING  ORGAN  AND  TISSUE  DONATION, THE NEW YORK STATE DONATE LIFE
 REGISTRY FOR ORGAN AND TISSUE DONATIONS (WITH CURRENT  CONTACT  INFORMA
 TION FOR SUCH REGISTRY INCLUDING ITS MAILING AND WEBSITE ADDRESSES), AND
 THE  "LIFE PASS IT ON" TRUST FUND. SUCH INFORMATIONAL MATERIALS SHALL BE
 DISTRIBUTED AT THE FIRST OPPORTUNITY AND PERIODICALLY THEREAFTER.
 

S 9. Subdivision 2 of section 95-d of the state finance law, as  added
 by chapter 415 of the laws of 2003, is amended to read as follows:

 2.  Such  fund  shall consist of all revenues received pursuant to the
 provisions of SUBDIVISION TWENTY OF SECTION FOUR  HUNDRED  ONE,  section
 four  hundred four-u, AND SUBDIVISION FIVE OF SECTION FIVE HUNDRED EIGHT
 of the vehicle and traffic law and all other moneys appropriated,  cred
 ited,  or  transferred thereto from any other fund or source pursuant to
 law. Nothing contained in this section  shall  prevent  the  state  from
 receiving  grants,  gifts  or  bequests  for the purposes of the fund as
 defined in this section and depositing them into the fund  according  to
 law.
 
       A. 5402--A                          6
 

S  10.  Subdivision  2  of  section  4310 of the public health law, as
 amended by chapter 161 of the laws  of  2010,  is  amended  to  read  as
 follows:

 2. Such registration of consent to make an anatomical gift can be made
 through  (a)  indication  made  on  the application or renewal form of a
 license OR VEHICLE REGISTRATION, (b) indication  made  on  a  non-driver
 identification  card  application  or renewal form, (c) enrolling in the
 registry website maintained by the department, which may  include  using
 an  electronic  signature  under  regulations  of  the  commissioner and
 subject to article three of the state  technology  law,  (d)  indication
 made  on  a  voter  registration  form  pursuant  to subdivision five of
 section 5-210 of the election law, or (e) through any other method iden
 tified by the commissioner. The registration shall take effect upon  the
 department  sending  written  notice  of  the registration to the person
 enrolling in the registry. In making regulations on using an  electronic
 signature  for a registration of consent, the commissioner shall consult
 with the director of the office of technology.
 

S 11. 

Section 4303 of the public health law is amended by adding  two
 new subdivisions 6 and 7 to read as follows:

 6.  FOR  ALL ANATOMICAL GIFTS MADE UNDER THIS ARTICLE OR ARTICLE FOUR
 TEEN OR ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW, THE DONOR  WILL
 BE  PRESUMED  TO  MAKE  A  DONATION  OF  ANY AND ALL ORGANS AND TISSUES;
 PROVIDED, HOWEVER, THAT THIS PRESUMPTION SHALL NOT APPLY WHEN:

 (A) THE DONOR HAS EXPRESSLY STATED HIS OR HER INTENTION IN WRITING, TO
 GIFT A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE  OR  TISSUES.  AN  EXPRESS
 GIFT OF A SPECIFIC ORGAN OR ORGANS AND/OR TISSUE OR TISSUES SHALL DEFEAT
 THE  PRESUMPTION OF THIS SECTION EVEN IN THE ABSENCE OF LANGUAGE THAT IS
 NOT OTHERWISE INCONSISTENT WITH THIS SECTION;
 (B) THE DONOR HAS EXPRESSLY STATED HIS OR HER  INTENTION  TO  THE  NEW
 YORK  STATE  DONATE LIFE REGISTRY. ANY COMMUNICATION, INCLUDING WRITTEN,
 ORAL, SIGN LANGUAGE, ELECTRONIC OR OTHERWISE, THAT CONTRADICTS OR OTHER
 WISE CONFLICTS WITH THE PRESUMPTION OF THIS SECTION SHALL BE  SUFFICIENT
 TO OVERCOME THE PRESUMPTION OF THIS SECTION;
 (C) THE DONOR REVOKES HIS OR HER GIFT;
 (D)  THE DONOR IS UNDER THE AGE OF EIGHTEEN, IN WHICH CASE THE DONOR'S
 LEGAL GUARDIAN SHALL MAKE THE FINAL DONATION DECISION;
 (E) THE GIFT IS MADE PURSUANT TO ARTICLE FOURTEEN OR NINETEEN  OF  THE
 VEHICLE  AND  TRAFFIC  LAW  AND THE DONOR HAS LISTED A SPECIFIC ORGAN OR
 ORGANS AND/OR TISSUE OR TISSUES. ANY MARK MADE ON THE DONOR'S LICENSE OR
 VEHICLE REGISTRATION OR THE DONOR'S APPLICATION FOR LICENSE OR REGISTRA
 TION OR APPLICATION FOR RENEWAL OF LICENSE OR  REGISTRATION  THAT  INDI
 CATES  THE  DONOR  INTENDS  TO  MAKE  A SPECIFIC GIFT OF ORGAN OR ORGANS
 AND/OR TISSUE OR TISSUES SHALL DEFEAT THE PRESUMPTION OF THIS SECTION;
 (F) THE DONATION IS PROHIBITED BY SECTION FORTY-THREE HUNDRED SEVEN OF
 THIS ARTICLE.
 7. THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES SHALL  PROVIDE
 PRINTED  INFORMATIONAL MATERIAL TO THE GENERAL PUBLIC INCLUDING, BUT NOT
 LIMITED TO, POSTERS, ENROLLMENT FORMS AND OTHER INFORMATIONAL LITERATURE
 INFORMING THE GENERAL PUBLIC ABOUT ORGAN AND TISSUE  DONATION,  THE  NEW
 YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS INCLUDING
 CURRENT  MAILING  AND WEBSITE ADDRESSES FOR SUCH REGISTRY, AND THE "LIFE
 PASS IT ON" TRUST FUND. THE COMMISSIONER SHALL MAKE  SUCH  INFORMATIONAL
 MATERIALS  AVAILABLE  TO  THE  GENERAL PUBLIC AT ALL DEPARTMENT OF MOTOR
 VEHICLE OFFICES, ALL COUNTY OFFICES THAT  PROVIDE  DEPARTMENT  OF  MOTOR
 VEHICLE SERVICES, AND ON THE DEPARTMENT OF MOTOR VEHICLES' WEBSITE.
 

S 12. This act shall take effect November 1, 2013.

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