S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8948
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the automat-
   ic issuance of identification cards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 490 of the vehicle and traffic
 law, as amended by chapter 158 of the laws of 2021, is amended  to  read
 as follows:
   2. Application. (a) Any person to whom a driver's license or learner's
 permit  has  not  been  issued  by  the commissioner[, or whose driver's
 license or learner's permit is expired, suspended,  revoked  or  surren-
 dered,]  may make application to the commissioner for the issuance of an
 identification  card.  The  commissioner  shall  ensure  that  space  is
 provided  on  the  application  so  that the applicant shall register or
 decline registration in the donate life registry for  organ  and  tissue
 donations  pursuant  to  section  forty-three  hundred ten of the public
 health law and that the following is 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14080-01-4
              

 A. 8948                             2
 
 donate life registry, checking "skip this question" or failing to  check
 a box shall not impair that consent or registration.
   (b) The identification card 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 identifi-
 cation card upon request.
   (C) ANY PERSON WHOSE DRIVER'S LICENSE OR  LEARNER'S PERMIT IS EXPIRED,
 SUSPENDED, REVOKED OR SURRENDERED WILL AUTOMATICALLY BE ISSUED AN  IDEN-
 TIFICATION CARD BY THE COMMISSIONER WITHOUT THE NEED TO MAKE APPLICATION
 PURSUANT TO THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.