S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5122--A
 
                        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, CUNNINGHAM, LEVENBERG, REYES,  EPSTEIN,  BERGER  --
   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 C.W. Bill Young Cell Trans-
   plantation  Program  and  the national marrow donor program to receive
   information about enrolling in such programs at the time  of  applica-
   tion 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.  SOLICITATION  FOR APPLICANT TO CONSENT TO SHARE CERTAIN INFORMA-
 TION WITH THE C.W. BILL YOUNG CELL TRANSPLANTATION  PROGRAM  ESTABLISHED
 IN  42 U.S.C. SECTION 274K OR THE NATIONAL MARROW DONOR PROGRAM ("REGIS-
 TRY OPERATOR") FOR THE PURPOSE OF RECEIVING INFORMATION ABOUT  ENROLLING
 IN  THE NATIONAL REGISTRY OF VOLUNTEER BONE MARROW OR BLOOD CELL DONORS.
 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  REGISTRY  AND  TO  ALLOW FOR APPLICANTS TO
 CONSENT TO SHARING THEIR INFORMATION WITH THE REGISTRY OPERATOR 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.   SUCH INFORMATION RELATED TO THE CONSENTING
 APPLICANT SHARED WITH THE REGISTRY OPERATOR  SHALL  BE  LIMITED  TO  THE
 FIRST AND LAST NAME, DATE OF BIRTH, EMAIL ADDRESS, AND PHYSICAL ADDRESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03279-02-5
 A. 5122--A                          2
              

 
   §  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-
 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
 A. 5122--A                          3
 
 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 C.W. BILL YOUNG CELL TRANSPLANTATION PROGRAM ESTABLISHED  IN
 42  U.S.C.  SECTION 274K OR THE NATIONAL MARROW DONOR PROGRAM ("REGISTRY
 OPERATOR") AND TO ALLOW FOR  APPLICANTS  TO  CONSENT  TO  SHARING  THEIR
 INFORMATION  WITH  THE  REGISTRY  OPERATOR FOR THE PURPOSES OF RECEIVING
 INFORMATION FROM THE REGISTRY OPERATOR ABOUT ENROLLING  AS  A  POTENTIAL
 VOLUNTEER  BONE  MARROW  OR  BLOOD  CELL DONOR ON THE NATIONAL REGISTRY.
 SUCH INFORMATION RELATED TO THE CONSENTING  APPLICANT  SHARED  WITH  THE
 REGISTRY  OPERATOR  SHALL  BE  LIMITED  TO  FIRST AND LAST NAME, DATE OF
 BIRTH, EMAIL ADDRESS, AND PHYSICAL ADDRESS. 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  regu-
 lations,  and all regulations promulgated by the United States secretary
 of transportation 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
 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  driv-
 er's  license has made any false statement, with respect to the applica-
 tion 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
 C.W.  BILL  YOUNG  CELL TRANSPLANTATION PROGRAM ESTABLISHED IN 42 U.S.C.
 SECTION 274K OR THE NATIONAL MARROW DONOR PROGRAM ("REGISTRY  OPERATOR")
 FOR  THE  PURPOSES  OF  RECEIVING INFORMATION FROM THE REGISTRY OPERATOR
 ABOUT ENROLLING AS A POTENTIAL VOLUNTEER BONE MARROW OR BLOOD CELL DONOR
 ON THE NATIONAL REGISTRY. THE COMMISSIONER IS DIRECTED TO FURTHER  AMEND
 THE PUBLIC WEBSITE OF THE DEPARTMENT TO INCLUDE A LINK TO ACCESS PUBLIC-
 LY AVAILABLE INFORMATION ABOUT THE REGISTRY OPERATOR.
   § 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.