Allows 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; directs the commissioner of motor vehicles to develop license application and renewal forms, and directions accompanying such forms to advise applicants of the existence of the national marrow donor program and to provide an opportunity for applicants to enroll in such national marrow donor program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9795
SPONSOR: Solages TITLE OF BILL:
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
PURPOSE:
To allow anyone who is applying for or renewing a driver's license the
option to enroll in the national bone marrow donor program.
SUMMARY:
Section 1. Amends section 490 of the vehicle and traffic law by adding a
new subdivision 2-a.
Section 2. Amends subdivision 1 of section 502 of the vehicle and traf-
fic law, by separately amending chapters 158 and 440 of the laws of
2021.
Section 3. Amends section 508 of the vehicle and traffic law by adding a
new subdivision 7.
Section 4. Sets the effective date.
JUSTIFICATION:
Bone marrow transplants are life saving and desperately needed for thou-
sands of people diagnosed with life-threatening blood cancers, such as
leukemia and lymphoma. The National Marrow Donor Program is a nonprofit
organization that matches patients with donors, and encourages individ-
uals to donate to someone in need. By expanding the list of people
currently on the registry, patients are more likely to match a donor.
Although the registry is diverse, it is not yet diverse enough to help
all who need a transplant.
RACIAL JUSTICE IMPACT:
TBD.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect January 1, 2028. Effective immediately, 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.
STATE OF NEW YORK
________________________________________________________________________
9795
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee 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:
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. Enrollment in the national bone marrow donor program. In addi-
4 tion to the provisions of subdivision two of this section, the commis-
5 sioner shall ensure that space is provided on the application for an
6 identification card or renewal thereof to advise applicants of the
7 existence of the national bone marrow donor program and to allow for
8 applicants to enroll in such national bone marrow donor program.
9 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as
10 separately amended by chapters 158 and 440 of the laws of 2021, is
11 amended to read as follows:
12 1. Application for license. Application for a driver's license shall
13 be made to the commissioner. The fee prescribed by law may be submitted
14 with such application. The applicant shall furnish such proof of identi-
15 ty, age, and fitness as may be required by the commissioner. With
16 respect to a non-commercial driver's license or learner's permit which
17 does not meet federal standards for identification, in addition to the
18 acceptable proofs of age and identity approved by the commissioner as of
19 January first, two thousand nineteen, acceptable proof of identity shall
20 also include, but not be limited to, a valid, unexpired foreign passport
21 issued by the applicant's country of citizenship (which shall also be
22 eligible as proof of age), a valid, unexpired consular identification
23 document issued by a consulate from the applicant's country of citizen-
24 ship, or a valid foreign driver's license that includes a photo image of
25 the applicant and which is unexpired or expired for less than twenty-
26 four months of its date of expiration, as primary forms of such proof.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07394-01-3
A. 9795 2
1 Nothing contained in this subdivision shall be deemed to preclude the
2 commissioner from approving additional proofs of identity and age. The
3 license shall display the sex designation of M, F, or X as certified by
4 the applicant, with no additional documentation required. The applicant
5 may amend the sex designation of their driver's license upon request.
6 Upon amendment of the sex designation, the change shall be made consist-
7 ent through all affiliated records within the control of the department.
8 The commissioner may also provide that the application procedure shall
9 include the taking of a photo image or images of the applicant in
10 accordance with rules and regulations prescribed by the commissioner. In
11 addition, the commissioner also shall require that the applicant provide
12 such applicant's social security number or, in lieu thereof, with
13 respect to an application for a non-commercial driver's license or
14 learner's permit which does not meet federal standards for identifica-
15 tion, an affidavit signed by such applicant that they have not been
16 issued a social security number. The commissioner also shall provide
17 space on the application so that the applicant may request a notation
18 upon such license that such applicant is a veteran of the United States
19 armed forces, and space on the application so that the applicant may
20 request a notation upon such license that he or she is a veteran of the
21 United States armed forces, and space on the application so that the
22 applicant may register in the New York state organ and tissue donor
23 registry under section forty-three hundred ten of the public health law
24 with the following stated on the application in clear and conspicuous
25 type:
26 "You must fill out the following section: Would you like to be added
27 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
28 tion'."
29 The commissioner of health shall not maintain records of any person
30 who checks "skip this question". Except where the application is made in
31 person or electronically, failure to check a box shall not impair the
32 validity of an application, and failure to check "yes" or checking "skip
33 this question" shall not be construed to imply a wish not to donate. In
34 the case of an applicant under eighteen years of age, checking "yes"
35 shall not constitute consent to make an anatomical gift or registration
36 in the donate life registry, except as otherwise provided pursuant to
37 the provisions of paragraph (b) of subdivision one of section forty-
38 three hundred one of the public health law. Where an applicant has
39 previously consented to make an anatomical gift or registered in the
40 donate life registry, checking "skip this question" or failing to check
41 a box shall not impair that consent or registration. Additionally, the
42 commissioner shall ensure that space is provided on the application for
43 a driver's license or renewal thereof to advise applicants of the exist-
44 ence of the national bone marrow donor program and to allow for appli-
45 cants to enroll in such national bone marrow donor program. In addition,
46 an applicant for a commercial driver's license who will operate a
47 commercial motor vehicle in interstate commerce shall certify that such
48 applicant meets the requirements to operate a commercial motor vehicle,
49 as set forth in public law 99-570, title XII, and title 49 of the code
50 of federal regulations, and all regulations promulgated by the United
51 States secretary of transportation under the hazardous materials trans-
52 portation act. In addition, an applicant for a commercial driver's
53 license shall submit a medical certificate at such intervals as required
54 by the federal motor carrier safety improvement act of 1999 and Part
55 383.71(h) of title 49 of the code of federal regulations relating to
56 medical certification and in a manner prescribed by the commissioner.
A. 9795 3
1 For purposes of this section and sections five hundred three, five
2 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
3 certificate" and "medical certification" shall mean a form substantially
4 in compliance with the form set forth in Part 391.43(h) of title 49 of
5 the code of federal regulations. Upon a determination that the holder of
6 a commercial driver's license has made any false statement, with respect
7 to the application for such license, the commissioner shall revoke such
8 license.
9 § 3. Section 508 of the vehicle and traffic law is amended by adding a
10 new subdivision 7 to read as follows:
11 7. The commissioner is directed to develop license application and
12 renewal forms and the directions accompanying such forms to advise
13 applicants of the existence of the national bone marrow donor program
14 and to provide an opportunity for applicants to enroll in such national
15 bone marrow donor program on such forms, and to further amend the
16 website of the department to provide national bone marrow donor program
17 contact information.
18 § 4. This act shall take effect January 1, 2028. Effective immediate-
19 ly, the addition, amendment and/or repeal of any rule or regulation
20 necessary for the implementation of this act on its effective date are
21 authorized to be made and completed on or before such date.
