S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5122
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SOLAGES,  SIMON,  RA, McMAHON, SANTABARBARA,
   SLATER, DeSTEFANO -- read once and referred to the Committee on Trans-
   portation
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03279-01-5
              

 A. 5122                             2
 
 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
 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
 A. 5122                             3
 
 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. 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 on the first of January next  succeed-
 ing  the date on which it shall have become a law.  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.