S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1211
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 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 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:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 101-d to read as follows:
   §  101-D.  BONE MARROW DONOR CONTACT INFORMATION.  THE NATIONAL MARROW
 DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS, CONTACT
 TELEPHONE NUMBER AND WEBSITE ADDRESS.
   § 2. Section 490 of the vehicle and traffic law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. IN ADDITION TO THE PROVISION OF SUBDIVISION TWO OF THIS  SECTION,
 THE  COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION
 TO ADVISE APPLICANTS OF THE  EXISTENCE  OF  THE  NATIONAL  MARROW  DONOR
 PROGRAM  AND  TO PROVIDE, AT A MINIMUM, THE CONTACT INFORMATION FOR THIS
 PROGRAM AND A DESCRIPTION OF ITS PURPOSE.
   § 3. Subdivision 1 of section 502 of the vehicle and  traffic  law  is
 REPEALED and a new subdivision 1 is added to read as follows: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
 COMMISSIONER 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 SHALL PROVIDE SPACE ON THE  APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00953-01-3
              

 A. 1211                             2
 
 CATION  SO  THAT  THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN
 AND TISSUE DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN  OF  THE
 PUBLIC  HEALTH LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR
 AND CONSPICUOUS TYPE:
   "YOU  MUST  FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
 TION'."
   THE  COMMISSIONER  OF  HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON
 WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
 PERSON OR ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL  NOT  IMPAIR  THE
 VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
 THIS  QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN
 THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS  OF  AGE,  CHECKING  "YES"
 SHALL  NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
 IN THE DONATE LIFE REGISTRY, EXCEPT AS OTHERWISE  PROVIDED  PURSUANT  TO
 THE  PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-
 THREE HUNDRED ONE OF THE PUBLIC  HEALTH  LAW.  WHERE  AN  APPLICANT  HAS
 PREVIOUSLY  CONSENTED  TO  MAKE  AN ANATOMICAL GIFT OR REGISTERED IN THE
 DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO  CHECK
 A  BOX  SHALL  NOT IMPAIR THAT CONSENT OR REGISTRATION. IN ADDITION, THE
 COMMISSIONER ALSO SHALL REQUIRE THAT SPACE  SHALL  BE  PROVIDED  ON  THE
 APPLICATION  SO  THAT  THE  APPLICANT  MAY  REQUEST A NOTATION UPON SUCH
 LICENSE THAT HE OR SHE IS A VETERAN OF THE UNITED STATES  ARMED  FORCES.
 ADDITIONALLY,  THE  COMMISSIONER  SHALL ENSURE THAT SPACE IS PROVIDED ON
 THE APPLICATION TO ADVISE APPLICANTS OF THE EXISTENCE  OF  THE  NATIONAL
 MARROW  DONOR PROGRAM AND TO PROVIDE, AT A MINIMUM, THE CONTACT INFORMA-
 TION FOR THIS PROGRAM AND A DESCRIPTION OF ITS PURPOSE.
   IN ADDITION, 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
 TRANSPORTATION  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.
   § 4. Section 508 of the vehicle and traffic law is amended by adding a
 new subdivision 7 to read as follows:
   7. THE COMMISSIONER IS DIRECTED TO DEVELOP THE LICENSE APPLICATION AND
 RENEWAL FORMS AND THE DIRECTIONS  ACCOMPANYING  THESE  FORMS  TO  ADVISE
 APPLICANTS  OF THE EXISTENCE OF THE NATIONAL MARROW DONOR PROGRAM AND TO
 PROVIDE, AT A MINIMUM, THE CONTACT INFORMATION FOR THIS  PROGRAM  AND  A
 DESCRIPTION  OF  ITS  PURPOSE,  AND  TO FURTHER AMEND THE WEBSITE OF THE
 DEPARTMENT TO PROVIDE NATIONAL MARROW DONOR PROGRAM CONTACT  INFORMATION
 AND A DESCRIPTION OF ITS PURPOSE.
 A. 1211                             3
 
   §  5.  Section  1-104  of  the election law is amended by adding a new
 subdivision 40 to read as follows:
   40. THE TERM "BONE MARROW CONTACT INFORMATION" SHALL MEAN THE NATIONAL
 MARROW  DONOR PROGRAM CONTACT INFORMATION INCLUDING THE MAILING ADDRESS,
 CONTACT TELEPHONE NUMBER AND WEBSITE ADDRESS.
   § 6. Paragraph (k) of subdivision 5 of section 5-210 of  the  election
 law is amended by adding a new subparagraph (xiv) to read as follows:
   (XIV)  NOTIFICATION OF THE NATIONAL BONE MARROW PROGRAM CONTACT INFOR-
 MATION AND A DESCRIPTION OF ITS PURPOSE.
   § 7. Notwithstanding any other provision of law, rule or regulation to
 the contrary, the department of motor vehicles shall  revise  the  paper
 applications  or  renewal forms to include the information pertaining to
 the national bone marrow program pursuant to sections  one,  two,  three
 and four of this act when the current stock of forms have been depleted.
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.