S T A T E O F N E W Y O R K
________________________________________________________________________
4075
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing for
individuals to enroll in the national bone marrow donor program at the
time of application for or renewal of a driver's license or non-driver
identification 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. ENROLLMENT IN THE NATIONAL BONE MARROW DONOR PROGRAM. IN ADDI-
TION TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE COMMIS-
SIONER 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 BONE MARROW DONOR PROGRAM AND TO ALLOW FOR
APPLICANTS TO ENROLL IN SUCH NATIONAL BONE 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
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07394-01-3
A. 4075 2
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 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 BONE MARROW DONOR PROGRAM AND TO ALLOW FOR APPLI-
CANTS TO ENROLL IN SUCH NATIONAL BONE MARROW DONOR PROGRAM. 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
A. 4075 3
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. 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 DEVELOP LICENSE APPLICATION AND
RENEWAL FORMS AND THE DIRECTIONS ACCOMPANYING SUCH FORMS TO ADVISE
APPLICANTS OF THE EXISTENCE OF THE NATIONAL BONE MARROW DONOR PROGRAM
AND TO PROVIDE AN OPPORTUNITY FOR APPLICANTS TO ENROLL IN SUCH NATIONAL
BONE MARROW DONOR PROGRAM ON SUCH FORMS, AND TO FURTHER AMEND THE
WEBSITE OF THE DEPARTMENT TO PROVIDE NATIONAL BONE MARROW DONOR PROGRAM
CONTACT INFORMATION.
§ 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 date.