Bill Text: NY A05395 | 2019-2020 | General Assembly | Amended
Bill Title: Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A05395 Detail]
Download: New_York-2019-A05395-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5395--C 2019-2020 Regular Sessions IN ASSEMBLY February 11, 2019 ___________ Introduced by M. of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK, SEAWRIGHT, CARROLL, DE LA ROSA, QUART, GLICK, SIMOTAS, REYES, SIMON, LAVINE, D'URSO, CRUZ, DICKENS, O'DONNELL, ROMEO, EPSTEIN, GOTTFRIED, ARROYO, L. ROSENTHAL, BRONSON -- read once and referred to the Commit- tee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- 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 the desig- nation of sex by applicants for non-driver identification cards, driv- ers' licenses and learners' permits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 490 of the vehicle and traffic 2 law, as amended by chapter 465 of the laws of 2012, the third undesig- 3 nated paragraph as amended by chapter 248 of the laws of 2016, is 4 amended to read as follows: 5 2. Application. (a) Any person to whom a driver's license or learner's 6 permit has not been issued by the commissioner, or whose driver's 7 license or learner's permit is expired, suspended, revoked or surren- 8 dered, may make application to the commissioner for the issuance of an 9 identification card. The commissioner shall ensure that space is 10 provided on the application so that the applicant shall register or 11 decline registration in the donate life registry for organ and tissue 12 donations pursuant to section forty-three hundred ten of the public 13 health law and that the following is stated on the application in clear 14 and conspicuous type: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05830-12-9A. 5395--C 2 1 "You must fill out the following section: Would you like to be added 2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 3 tion'." 4 The commissioner of health shall not maintain records of any person 5 who checks "skip this question". Except where the application is made in 6 person or electronically, failure to check a box shall not impair the 7 validity of an application, and failure to check "yes" or checking "skip 8 this question" shall not be construed to imply a wish not to donate. In 9 the case of an applicant under eighteen years of age, checking "yes" 10 shall not constitute consent to make an anatomical gift or registration 11 in the donate life registry, except as otherwise provided pursuant to 12 the provisions of paragraph (b) of subdivision one of section forty- 13 three hundred one of the public health law. Where an applicant has 14 previously consented to make an anatomical gift or registered in the 15 donate life registry, checking "skip this question" or failing to check 16 a box shall not impair that consent or registration. 17 (b) The identification card shall display the sex designation of M, F, 18 or X as certified by the applicant, with no additional documentation 19 required. The applicant may amend the sex designation of their identifi- 20 cation card upon request. 21 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 22 amended by chapter 465 of the laws of 2012, the third undesignated para- 23 graph as amended by chapter 248 of the laws of 2016, is amended to read 24 as follows: 25 1. Application for license. Application for a driver's license shall 26 be made to the commissioner. The fee prescribed by law may be submitted 27 with such application. The applicant shall furnish such proof of identi- 28 ty, age, and fitness as may be required by the commissioner. The license 29 shall display the sex designation of M, F, or X as certified by the 30 applicant, with no additional documentation required. The applicant may 31 amend the sex designation of their driver's license upon request. Upon 32 amendment of the sex designation, the change shall be made consistent 33 through all affiliated records within the control of the department. The 34 commissioner may also provide that the application procedure shall 35 include the taking of a photo image or images of the applicant in 36 accordance with rules and regulations prescribed by the commissioner. In 37 addition, the commissioner also shall require that the applicant provide 38 [his or her] such applicant's social security number and shall provide 39 space on the application so that the applicant may register in the New 40 York state organ and tissue donor registry under section forty-three 41 hundred ten of the public health law with the following stated on the 42 application in clear and conspicuous type: 43 "You must fill out the following section: Would you like to be added 44 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 45 tion'." 46 The commissioner of health shall not maintain records of any person 47 who checks "skip this question". Except where the application is made in 48 person or electronically, failure to check a box shall not impair the 49 validity of an application, and failure to check "yes" or checking "skip 50 this question" shall not be construed to imply a wish not to donate. In 51 the case of an applicant under eighteen years of age, checking "yes" 52 shall not constitute consent to make an anatomical gift or registration 53 in the donate life registry, except as otherwise provided pursuant to 54 the provisions of paragraph (b) of subdivision one of section forty- 55 three hundred one of the public health law. Where an applicant has 56 previously consented to make an anatomical gift or registered in theA. 5395--C 3 1 donate life registry, checking "skip this question" or failing to check 2 a box shall not impair that consent or registration. In addition, an 3 applicant for a commercial driver's license who will operate a commer- 4 cial motor vehicle in interstate commerce shall certify that such appli- 5 cant meets the requirements to operate a commercial motor vehicle, as 6 set forth in public law 99-570, title XII, and title 49 of the code of 7 federal regulations, and all regulations promulgated by the United 8 States secretary of transportation under the hazardous materials trans- 9 portation act. In addition, an applicant for a commercial driver's 10 license shall submit a medical certificate at such intervals as required 11 by the federal motor carrier safety improvement act of 1999 and Part 12 383.71(h) of title 49 of the code of federal regulations relating to 13 medical certification and in a manner prescribed by the commissioner. 14 For purposes of this section and sections five hundred three, five 15 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 16 certificate" and "medical certification" shall mean a form substantially 17 in compliance with the form set forth in Part 391.43(h) of title 49 of 18 the code of federal regulations. Upon a determination that the holder of 19 a commercial driver's license has made any false statement, with respect 20 to the application for such license, the commissioner shall revoke such 21 license. 22 § 3. This act shall take effect one year after it shall have become a 23 law. Effective immediately, the addition, amendment and/or repeal of any 24 rule or regulation necessary for the implementation of this act on its 25 effective date are authorized to be made and completed on or before such 26 date.