Senate Bill S6508

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6508
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2021
                                ___________
 
 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; 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 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 is
 REPEALED and a new subdivision 1 is added to read as follows: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  TWENTY-ONE, 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 IDENTIFI-
 CATION DOCUMENT ISSUED BY A CONSULATE FROM THE  APPLICANT'S  COUNTRY  OF
 CITIZENSHIP,  OR  A VALID FOREIGN DRIVER'S LICENSE THAT INCLUDES A PHOTO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11135-02-1

 S. 6508                             2
 
 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 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 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 IDENTIFICATION, AN AFFIDAVIT
 SIGNED BY SUCH APPLICANT THAT THEY HAVE NOT BEEN ISSUED A SOCIAL SECURI-
 TY NUMBER. THE COMMISSIONER SHALL ALSO PROVIDE SPACE ON THE  APPLICATION
 SO  THAT THE APPLICANT MAY REQUEST A NOTATION UPON SUCH LICENSE INDICAT-
 ING 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 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 QUESTION'."
   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
 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.

 S. 6508                             3
 
   § 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 on or
 before such date.