Allows individuals to apply to display a symbol on their driver's licenses or state-issued ID cards indicating that the individual has a non-apparent disability to assist law enforcement and emergency personnel in providing appropriate support during interactions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8367
SPONSOR: Lavine TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to allowing
individuals to apply to display a symbol on their driver's licenses or
state-issued ID cards indicating that the individual has a non-apparent
disability
PURPOSE OR GENERAL IDEA OF BILL:
Relates to a symbol on a driver's license or state-issued ID card indi-
cating that an individual has a non-apparent disability.
SUMMARY OF SPECIFIC PROVISIONS:
1. Section 1. The vehicle and traffic law is amended by adding a new
section 504-a to read as follows: 504 -a. Voluntary disclosure of non-
apparent disability. 1. For the purpose of this section:
(a) "Non-apparent disability" means a medically documented physical,
mental, intellectual, or neurological condition that is not readily
visible but may affect a person's ability to communicate, respond to law
enforcement commands, or otherwise interact in stressful environments.
(b) "Voluntary disability indicator" means a discrete symbol approved by
the commissioner to indicate that an individual has a non-apparent disa-
bility.
2. (a) The commissioner shall establish a process by which a person, or
the parent or legal guardian of a minor or dependent adult, may volun-
tarily request, through an application process, that a disability indi-
cator be placed on the individual's driver's license or non-driver iden-
tification card.
(b) The application shall include:
(i) certification from a licensed physician, psychologist, or other
qualified healthcare provider affirming the presence of a non-apparent
disability; and
(ii) a signed authorization by the applicant, or legal guardian where
applicable, to place the indicator on their license or non-driver iden-
tification card.
3. (a) The disability indicator shall be a small, discrete symbol such
as a butterfly, or other symbol designed by the commissioner, that does
not disclose the specific nature of the disability.
(b) the presence of the disability indicator on a license or identifica-
tion card shall be not used for any purpose other than to assist law
enforcement and emergency personnel in providing appropriate support
during interactions
(c) Information related to the disability shall be subject to privacy
protections under state and federal law and shall not be disclosed
except as authorized by the applicant.
4. The commissioner, in consultation with the office for people with
developmental disabilities and the department of health, shall develop
and disseminate educational materials for law enforcement, emergency
responders, and the public regarding the purpose and use of the disabil-
ity indicator.
5. No additional fee shall be charged for the inclusion of the voluntary
disability indicator This act shall take effect on the ninetieth day
after it shall become law
JUSTIFICATION:
This bill allows individuals with non-apparent disabilities, such as
autism spectrum disorder, traumatic brain injury, PTSD, or other cogni-
tive, neurological, or mental health conditions, to voluntarily request
a symbol on their driver's license or non-driver ID issued by the
Department of Motor Vehicles (DMV). This symbol would discreetly inform
law enforcement or first responders that the individual may require
alternative communication strategies or accommodations during encount-
ers.
Individuals with non-apparent disabilities may face misunderstanding or
adverse outcomes during interactions with police or emergency personnel
due to difficulties with communication, sensory sensitivities, or anxie-
ty responses. These situations can quickly escalate if a person's behav-
ior is misinterpreted as noncompliant or threatening.
This legislation provides a voluntary, person-centered tool to help
de-escalate such situations by discreetly informing authorities that the
person may require a modified approach. Similar programs have been
implemented in states such as Alabama and Virginia and have been
supported by disability advocacy organizations and law enforcement agen-
cies alike.
Importantly, the bill includes strong privacy safeguards and does not
require individuals to disclose their specific condition. It is a small
but meaningful step toward creating safer, more accessible communities
for New Yorkers with disabilities.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law
