S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4075
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to allowing for
   individuals to enroll in the national bone marrow donor program at the
   time of application for or renewal of a driver's license or non-driver
   identification card

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  490 of the vehicle and traffic law is amended by
 adding a new subdivision 2-a to read as follows:
   2-A. ENROLLMENT IN THE NATIONAL BONE MARROW DONOR PROGRAM.   IN  ADDI-
 TION  TO  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE COMMIS-
 SIONER SHALL ENSURE THAT SPACE IS PROVIDED ON  THE  APPLICATION  FOR  AN
 IDENTIFICATION  CARD  OR  RENEWAL  THEREOF  TO  ADVISE APPLICANTS OF THE
 EXISTENCE OF THE NATIONAL BONE MARROW DONOR PROGRAM  AND  TO  ALLOW  FOR
 APPLICANTS TO ENROLL IN SUCH NATIONAL BONE MARROW DONOR PROGRAM.
   §  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 separately amended by chapters 158 and 440  of  the  laws  of  2021,  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. With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, a valid, unexpired foreign passport
 issued by the applicant's country of citizenship (which  shall  also  be
 eligible  as  proof  of age), a valid, unexpired consular identification
 document issued by a consulate from the applicant's country of  citizen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07394-01-3
              

 A. 4075                             2
 
 ship, or a valid foreign driver's license that includes a photo image of
 the  applicant  and  which is unexpired or expired for less than twenty-
 four months of its date of expiration, as primary forms of  such  proof.
 Nothing  contained  in  this subdivision shall be deemed to preclude the
 commissioner from approving additional proofs of identity and age.   The
 license  shall display the sex designation of M, F, or X as certified by
 the applicant, with no additional documentation required. The  applicant
 may  amend  the  sex designation of their driver's license upon request.
 Upon amendment of the sex designation, the change shall be made consist-
 ent through all affiliated records within the control of the department.
 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
 such applicant's social  security  number  or,  in  lieu  thereof,  with
 respect  to  an  application  for  a  non-commercial driver's license or
 learner's permit which does not meet federal standards  for  identifica-
 tion,  an  affidavit  signed  by  such applicant that they have not been
 issued a social security number. The  commissioner  also  shall  provide
 space  on  the  application so that the applicant may request a notation
 upon such license that such applicant is a veteran of the United  States
 armed  forces,  and  space  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,  and space on the application 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. ADDITIONALLY, THE
 COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION  FOR
 A DRIVER'S LICENSE OR RENEWAL THEREOF TO ADVISE APPLICANTS OF THE EXIST-
 ENCE  OF  THE NATIONAL BONE MARROW DONOR PROGRAM AND TO ALLOW FOR APPLI-
 CANTS TO ENROLL IN SUCH NATIONAL BONE MARROW DONOR PROGRAM. 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 trans-
 portation act. In addition,  an  applicant  for  a  commercial  driver's
 license shall submit a medical certificate at such intervals as required
 A. 4075                             3
 
 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.
   § 3. 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  LICENSE  APPLICATION  AND
 RENEWAL  FORMS  AND  THE  DIRECTIONS  ACCOMPANYING  SUCH FORMS TO ADVISE
 APPLICANTS OF THE EXISTENCE OF THE NATIONAL BONE  MARROW  DONOR  PROGRAM
 AND  TO PROVIDE AN OPPORTUNITY FOR APPLICANTS TO ENROLL IN SUCH NATIONAL
 BONE MARROW DONOR PROGRAM ON  SUCH  FORMS,  AND  TO  FURTHER  AMEND  THE
 WEBSITE  OF THE DEPARTMENT TO PROVIDE NATIONAL BONE MARROW DONOR PROGRAM
 CONTACT INFORMATION.
   § 4. This act shall take effect January 1, 2028. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.