S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1828
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   that  driver's  licenses  indicate the blood type of the licensee upon
   the licensee's request

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 504 of the vehicle and traffic law
 is amended by adding a new paragraph (c) to read as follows:
   (C)  THE  COMMISSIONER SHALL BY REGULATION PROVIDE THAT EVERY DRIVER'S
 LICENSE OR RENEWAL THEREOF CONTAIN A DISTINGUISHING  MARK  AND  ADEQUATE
 SPACE  UPON  WHICH  THE BLOOD TYPE OF THE LICENSEE MAY BE IMPRINTED UPON
 THE LICENSEE'S REQUEST. THE LEARNER'S PERMIT MAY ALSO CONTAIN THE  BLOOD
 TYPE  OF  THE  PERMITTEE  UPON REQUEST OF THE PERMITEE PURSUANT TO REGU-
 LATIONS ESTABLISHED BY THE COMMISSIONER.
   § 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-
 ship, or a valid foreign driver's license that includes a photo image of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04018-01-3
              

 S. 1828                             2
 
 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 SHALL ALSO PROVIDE
 SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY  REQUEST  A  NOTATION
 UPON  SUCH  LICENSE  INDICATING HIS OR HER BLOOD TYPE IN ACCORDANCE WITH
 RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER.  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. In addition, an
 applicant for a commercial driver's license who will operate  a  commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant  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
 S. 1828                             3
 
 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. 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 date.