S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7461
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  the  desig-
   nation of sex by applicants for non-driver identification cards, driv-
   ers'  licenses  and learners' permits; in relation to making technical
   corrections to such law; and to repeal certain provisions of such  law
   relating thereto
 
   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 465 of the laws of 2012, the third undesig-
 nated paragraph as amended by chapter  248  of  the  laws  of  2016,  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

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

                                                            LBD11090-02-1

 A. 7461                             2
 
 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.
   (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.
   § 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended  by  chapter  37  of  the  laws  of  2019, 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
 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
 [his or her] SUCH APPLICANT'S social security number or, in lieu  there-
 of, with respect to an application for a non-commercial driver's license
 or  learner's permit which does not meet federal standards for identifi-
 cation, 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 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

 A. 7461                             3
 
 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, THE
 COMMISSIONER SHALL PROVIDE SPACE ON THE APPLICATION SO THAT  THE  APPLI-
 CANT  MAY  REQUEST  A  NOTATION  UPON SUCH APPLICANT'S LICENSE THAT SUCH
 APPLICANT IS A VETERAN OF THE UNITED STATES ARMED FORCES.  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
 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. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  4. This act shall take effect one year after it shall have become a
 law. Effective immediately, 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.