S T A T E O F N E W Y O R K
________________________________________________________________________
9795--A
I N A S S E M B L Y
April 9, 2024
___________
Introduced by M. of A. SOLAGES, SIMON, RA, McMAHON -- Multi-Sponsored by
-- M. of A. LUPARDO -- read once and referred to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
does not meet federal standards for identification, in addition to the
acceptable proofs of age and identity approved by the commissioner as of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07394-03-4
A. 9795--A 2
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
MARROW DONOR PROGRAM ABOUT ENROLLING AS A POTENTIAL VOLUNTEER BONE
MARROW OR BLOOD CELL DONOR ON THE NATIONAL REGISTRY OPERATED BY THE
A. 9795--A 3
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 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 effective date.