S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9795--A
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced by M. of A. SOLAGES, SIMON, RA, McMAHON -- Multi-Sponsored by
   --  M.  of  A.   LUPARDO -- read once and referred to the Committee on
   Transportation  --  committee  discharged,   bill   amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to allowing for
   individuals  to  consent  to  contact  from  the national marrow donor
   program to receive information about enrolling in the national  regis-
   try  operated  by  the  national  marrow  donor program at the time of
   application for or renewal of a driver's license or  non-driver  iden-
   tification 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.  SOLICITATION  FOR  APPLICANT  TO ENROLL IN THE NATIONAL REGISTRY
 OPERATED BY THE NATIONAL MARROW DONOR  PROGRAM.    IN  ADDITION  TO  THE
 PROVISIONS  OF  SUBDIVISION  TWO OF THIS SECTION, THE COMMISSIONER 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 MARROW DONOR PROGRAM AND TO ALLOW FOR APPLICANTS TO CONSENT  TO
 SHARING THEIR INFORMATION WITH THE NATIONAL MARROW DONOR PROGRAM FOR THE
 PURPOSES OF RECEIVING INFORMATION FROM THE NATIONAL MARROW DONOR PROGRAM
 ABOUT ENROLLING AS A POTENTIAL VOLUNTEER BONE MARROW OR BLOOD CELL DONOR
 ON THE NATIONAL REGISTRY OPERATED BY THE NATIONAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07394-03-4
 A. 9795--A                          2
 
 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-
 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] SUCH PERSON  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 MARROW DONOR PROGRAM AND TO ALLOW FOR APPLICANTS TO
 CONSENT  TO  SHARING  THEIR  INFORMATION  WITH THE NATIONAL MARROW DONOR
 PROGRAM FOR THE PURPOSES OF  RECEIVING  INFORMATION  FROM  THE  NATIONAL
 MARROW  DONOR  PROGRAM  ABOUT  ENROLLING  AS  A POTENTIAL VOLUNTEER BONE
 MARROW OR BLOOD CELL DONOR ON THE  NATIONAL  REGISTRY  OPERATED  BY  THE
 A. 9795--A                          3
 
 NATIONAL  MARROW  DONOR PROGRAM. In addition, an applicant for a commer-
 cial driver's license who will operate a  commercial  motor  vehicle  in
 interstate commerce shall certify that such applicant meets the require-
 ments  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 transpor-
 tation 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  certif-
 ication" 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 ESTABLISH A PROCESS  BY  WHICH  THE
 DEPARTMENT  SHALL  REFER  DRIVER'S LICENSE AND NON-DRIVER IDENTIFICATION
 CARD APPLICANTS WHO CONSENT TO HAVING THEIR INFORMATION SHARED WITH  THE
 NATIONAL  MARROW DONOR PROGRAM FOR THE PURPOSES OF RECEIVING INFORMATION
 FROM THE NATIONAL MARROW DONOR PROGRAM ABOUT ENROLLING  AS  A  POTENTIAL
 VOLUNTEER BONE MARROW OR BLOOD CELL DONOR ON THE NATIONAL REGISTRY OPER-
 ATED BY THE NATIONAL MARROW DONOR PROGRAM.  THE COMMISSIONER IS DIRECTED
 TO  FURTHER AMEND THE PUBLIC WEBSITE OF THE DEPARTMENT TO INCLUDE A LINK
 TO ACCESS PUBLICLY AVAILABLE INFORMATION ON THE  NATIONAL  MARROW  DONOR
 PROGRAM.
   §  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 effective date.