STATE OF NEW YORK ________________________________________________________________________ 5122 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. SOLAGES, SIMON, RA, McMAHON, SANTABARBARA, SLATER, DeSTEFANO -- read once and referred to the Committee on Trans- portation 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: 1 Section 1. Section 490 of the vehicle and traffic law is amended by 2 adding a new subdivision 2-a to read as follows: 3 2-a. Solicitation for applicant to enroll in the national registry 4 operated by the national marrow donor program. In addition to the 5 provisions of subdivision two of this section, the commissioner shall 6 ensure that space is provided on the application for an identification 7 card or renewal thereof to advise applicants of the existence of the 8 national marrow donor program and to allow for applicants to consent to 9 sharing their information with the national marrow donor program for the 10 purposes of receiving information from the national marrow donor program 11 about enrolling as a potential volunteer bone marrow or blood cell donor 12 on the national registry operated by the national marrow donor program. 13 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 14 separately amended by chapters 158 and 440 of the laws of 2021, is 15 amended to read as follows: 16 1. Application for license. Application for a driver's license shall 17 be made to the commissioner. The fee prescribed by law may be submitted 18 with such application. The applicant shall furnish such proof of identi- 19 ty, age, and fitness as may be required by the commissioner. With 20 respect to a non-commercial driver's license or learner's permit which EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03279-01-5
A. 5122 2 1 does not meet federal standards for identification, in addition to the 2 acceptable proofs of age and identity approved by the commissioner as of 3 January first, two thousand nineteen, acceptable proof of identity shall 4 also include, but not be limited to, a valid, unexpired foreign passport 5 issued by the applicant's country of citizenship (which shall also be 6 eligible as proof of age), a valid, unexpired consular identification 7 document issued by a consulate from the applicant's country of citizen- 8 ship, or a valid foreign driver's license that includes a photo image of 9 the applicant and which is unexpired or expired for less than twenty- 10 four months of its date of expiration, as primary forms of such proof. 11 Nothing contained in this subdivision shall be deemed to preclude the 12 commissioner from approving additional proofs of identity and age. The 13 license shall display the sex designation of M, F, or X as certified by 14 the applicant, with no additional documentation required. The applicant 15 may amend the sex designation of their driver's license upon request. 16 Upon amendment of the sex designation, the change shall be made consist- 17 ent through all affiliated records within the control of the department. 18 The commissioner may also provide that the application procedure shall 19 include the taking of a photo image or images of the applicant in 20 accordance with rules and regulations prescribed by the commissioner. In 21 addition, the commissioner also shall require that the applicant provide 22 such applicant's social security number or, in lieu thereof, with 23 respect to an application for a non-commercial driver's license or 24 learner's permit which does not meet federal standards for identifica- 25 tion, an affidavit signed by such applicant that they have not been 26 issued a social security number. The commissioner also shall provide 27 space on the application so that the applicant may request a notation 28 upon such license that such applicant is a veteran of the United States 29 armed forces, and space on the application so that the applicant may 30 request a notation upon such license that [he or she] such person is a 31 veteran of the United States armed forces, and space on the application 32 so that the applicant may register in the New York state organ and 33 tissue donor registry under section forty-three hundred ten of the 34 public health law with the following stated on the application in clear 35 and conspicuous type: 36 "You must fill out the following section: Would you like to be added 37 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 38 tion'." 39 The commissioner of health shall not maintain records of any person 40 who checks "skip this question". Except where the application is made in 41 person or electronically, failure to check a box shall not impair the 42 validity of an application, and failure to check "yes" or checking "skip 43 this question" shall not be construed to imply a wish not to donate. In 44 the case of an applicant under eighteen years of age, checking "yes" 45 shall not constitute consent to make an anatomical gift or registration 46 in the donate life registry, except as otherwise provided pursuant to 47 the provisions of paragraph (b) of subdivision one of section forty- 48 three hundred one of the public health law. Where an applicant has 49 previously consented to make an anatomical gift or registered in the 50 donate life registry, checking "skip this question" or failing to check 51 a box shall not impair that consent or registration. Additionally, the 52 commissioner shall ensure that space is provided on the application for 53 a driver's license or renewal thereof to advise applicants of the exist- 54 ence of the national marrow donor program and to allow for applicants to 55 consent to sharing their information with the national marrow donor 56 program for the purposes of receiving information from the national
A. 5122 3 1 marrow donor program about enrolling as a potential volunteer bone 2 marrow or blood cell donor on the national registry operated by the 3 national marrow donor program. In addition, an applicant for a commer- 4 cial driver's license who will operate a commercial motor vehicle in 5 interstate commerce shall certify that such applicant meets the require- 6 ments to operate a commercial motor vehicle, as set forth in public law 7 99-570, title XII, and title 49 of the code of federal regulations, and 8 all regulations promulgated by the United States secretary of transpor- 9 tation under the hazardous materials transportation act. In addition, an 10 applicant for a commercial driver's license shall submit a medical 11 certificate at such intervals as required by the federal motor carrier 12 safety improvement act of 1999 and Part 383.71(h) of title 49 of the 13 code of federal regulations relating to medical certification and in a 14 manner prescribed by the commissioner. For purposes of this section and 15 sections five hundred three, five hundred ten-a, and five hundred ten-aa 16 of this title, the terms "medical certificate" and "medical certif- 17 ication" shall mean a form substantially in compliance with the form set 18 forth in Part 391.43(h) of title 49 of the code of federal regulations. 19 Upon a determination that the holder of a commercial driver's license 20 has made any false statement, with respect to the application for such 21 license, the commissioner shall revoke such license. 22 § 3. Section 508 of the vehicle and traffic law is amended by adding a 23 new subdivision 7 to read as follows: 24 7. The commissioner is directed to establish a process by which the 25 department shall refer driver's license and non-driver identification 26 card applicants who consent to having their information shared with the 27 national marrow donor program for the purposes of receiving information 28 from the national marrow donor program about enrolling as a potential 29 volunteer bone marrow or blood cell donor on the national registry oper- 30 ated by the national marrow donor program. The commissioner is directed 31 to further amend the public website of the department to include a link 32 to access publicly available information on the national marrow donor 33 program. 34 § 4. This act shall take effect on the first of January next succeed- 35 ing the date on which it shall have become a law. Effective immediate- 36 ly, the addition, amendment and/or repeal of any rule or regulation 37 necessary for the implementation of this act on its effective date are 38 authorized to be made and completed on or before such effective date.